Liverpool City Council

Business Paper

 

 

 

 

Council Agenda

 

 

 

 

 

 

 

 

Ordinary Council Meeting

30 July 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Francis Greenway Centre

170 George Street

Liverpool


Description: LCC_bw_logo 

 

 

 

 

 

 

 

 

 

 

 

 


You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 30 July 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.

 

Text Box:
 

 

 


Carl Wulff

CHIEF EXECUTIVE OFFICER

 

 


 

 

 


Order of Business

 

                                                                                                              PAGE     TAB

Opening

Prayer

Apologies 

Condolences

Confirmation of Minutes

Extraordinary Council Meeting held on 20 June 2014............................................................. 5

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NOM 01          Bus Shelter in Liverpool LGA.......................................................................... 78......... 1

NOM 02          Youth Homeless Services in Liverpool........................................................... 80......... 2

NOM 03          Liquor Related Development Applications...................................................... 89......... 3

NOM 04          Council Committees....................................................................................... 95......... 4

NOM 05          Quota 50th Birthday July 2014 Presentation by Councillors.......................... 97......... 5

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

IHAP 01          DA-790/2013 - Stage 2 development of a court approved masterplan in DA-394/2011 for a non-denominational cemetrary at 41 Greendale Road, Bringelly (Lot 5 DP 252040) 99                                                                                                                           6

IHAP 02          DA-105/2014 - Torrens title subdivision creating five lots at 54 Nineteenth Avenue, Hoxton Park.................................................................................................. 105......... 7

IHAP 03          DA-1198/2013 - Partial demolition and alterations and additions to the existing dwelling; use of the dwelling as a child care centre; and installation of signage at 4 Bungarra Crescent, Chipping Norton........................................................................... 110......... 8

Development Application Determination Report

DAD 01           Modification to Development Consent No.693/2009 at 320-400 Badgerys Creek Road, Badgerys Creek (Lot 1 DP 1188956)........................................................... 117......... 9

DAD 02           Modification to Development Consent No. DA-611/2009 at  No.1 Mill Road Liverpool (Lot 1 100 DP1180561)........................................................................................ 144....... 10

DAD 03           Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral.                                                                                                                        159....... 11

DAD 04           Modification to DA-1552/2006 - Road Bridge at Newbridge Road, Moorebank (Lot 6 & 7 DP 1065574 & Pt Lot 105 DP 1070029)....................................................... 168....... 12

Chief Executive Officer Report

CEO 01          Local Government NSW Annual Conference.............................................. 193....... 13

CEO 02          Proposed Organisational Structure............................................................... 203....... 14

CEO 03          Adoption of the exhibited amendments to the Revenue Policy (Fees and Charges) 2014-15.................................................................................................................. 209....... 15

Executive Director Report

ED 01             Hoarding Fees............................................................................................... 216....... 16

ED 02             IHAP Members............................................................................................. 222....... 17

Business Excellence Report

GMBE 01       Affixation of the Common Seal of Council................................................... 224....... 18

GMBE 02       Statutory Investment Report June 2014....................................................... 226....... 19

City Presentation Report

NIL

Community and Culture  Report

GMCC 01       Quarterly Report on Compliments and Complaints..................................... 237....... 20

Economy and Engagement Report

GMEE 01       Donations, Grants and Sponsorship............................................................. 239....... 21

GMEE 02       Community and Business Representation - Liverpool Council's Badgerys Creek Airport Taskforce...................................................................................................... 246....... 22

Governance Report

GMGO 01      Proposed Deed of Agreement to facilitate the acquisition of a part of Lot 1 DP 1175057, Progress Circuit, Prestons and the construction of the Lyn Parade, Prestons extension                                                                                                                       248....... 23

GMGO 02      Acquisition of Lot 358 DP 1184144, 80 Inverell Avenue, Hinchinbrook for drainage purposes........................................................................................................ 253....... 24

GMGO 03      Acquisition of Lot 200 DP 1194243, Kurrajong Road, Carnes Hill for the purposes of extending Kurrajong Road............................................................................ 256....... 25

GMGO 04      Authorisation of Remediation Works, Lot 2 DP 719245, 33 Moore Street, Liverpool 261                                                                                                                         26

Infrastructure and Environment Report

GMIE 01         Tender WT2324 - Replacement of Car Park Equipment, Management System and Maintenance at the Warren Serviceway Car Park...................................... 263....... 27

GMIE 02         Liverpool City Centre Traffic Study - Findings and next steps..................... 269....... 28

Planning and Growth Report

GMPG 01       LLEP Draft Amendment No 49 - Removal of Flood Prone Area Mapping from LLEP 281                                                                                                                         29

GMPG 02       Draft Liverpool LEP 2008 Amendment 35 Post Exhibition Report.............. 307....... 30

GMPG 03       Draft LLEP 2008 Amendment No 32 (Anomalies) Post Exhibition Report . 314....... 31

GMPG 04       Public Exhibition Outcomes - Draft Liverpool Development Control Plan 2008 (Amendment 15) .......................................................................................... 320....... 32

Committee Reports

CTTE 01         Minutes of the Aboriginal Consultative Committee
Meeting held on 4 June 2014 ....................................................................... 328....... 33

CTTE 02         Liverpool Youth Council Meeting Notes June 2014..................................... 333....... 34

CTTE 03         Heritage Advisory Committee Minutes 3 June 2014.................................... 338....... 35

CTTE 04         Minutes of the Liverpool Access Committee 12 June 2014......................... 345....... 36

CTTE 05         No Intermodal Committee Meeting Minutes of 1 July 2014......................... 350....... 37

CTTE 06         Minutes of the Budget and Finance Committee........................................... 375....... 38

CTTE 07         Key Sites Master Planning Steering Committee Minutes from meeting held 1 July 2014                                                                                                                       379....... 39

CTTE 08         Minutes of Building Our New City Committee meeting held 2 July 2014.... 385....... 40

CTTE 09         Minutes of Tourism and Events Committee meeting held 2 July 2014....... 410....... 41

CTTE 10         Minutes of Economic Development Committee meeting held 2 July 2014. 436....... 42

Correspondence Reports

CORR 01       Incoming and Outgoing Correspondence Report......................................... 461....... 43

Questions with Notice

QWN 01         Question with Notice - Clr Stanley................................................................ 463....... 44

QWN 02         Question with Notice - Clr Harle................................................................... 465....... 45

QWN 03         Question with Notice - Clr Shelton................................................................ 466....... 46  

Questions Taken on Notice

Presentations by Councillors

Close

 


 

 

 

 

 

 

MINUTES OF THE EXTRAOrdinary Meeting

HELD ON 20 June 2014

(INCLUDING ITEMS LISTED FOR THE ORDINARY MEETING 25 June 2014)

 

PRESENT:

Mayor Ned Mannoun

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone

Councillor Ristevski

Councillor Shelton

Councillor Stanley

Mr Rob Noble, Acting Chief Executive Officer

Ms Julie Hately, Executive Director

Ms Toni Averay, Acting Executive Director

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

.

The meeting commenced at 6.01pm

 

 

OPENING                              6.01pm

 

PRAYER                               The prayer of the Council was read by Pastor Paul Mosiejczuk

                                                from Liverpool Baptist Church.

 

APOLOGIES                          Councillors Balloot and Waller

 

Motion:                                  Moved: Clr Hadchiti          Seconded: Clr Karnib

 

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 GMEE 01:     Donations, Grants and Sponsorship

Reason:                Clr Hadchiti was invited and attended La’u Samoa Council’s 52nd Anniversary of the Independence of Samoa event at Macquarie Function Centre. 

Clr Hadchiti will not leave the Chambers for the duration of this Item.


 

ITEM NO:

NOM 01

FILE NO:

135348.2014

SUBJECT:

Council agenda items for 25 June 2014 meeting

 

NOTICE OF MOTION

 

That Council transact the following Council business at this meeting:

 

·    Council agenda items for 25 June 2014 meeting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

Clrs Stanley and Shelton asked to be recorded as voting against the motion.

 

NOTICES OF MOTION

 


 

ITEM NO:

CEO 01

FILE NO:

135519.2014

SUBJECT:

Cancel the Ordinary Council meeting scheduled for 25 June 2014

 

RECOMMENDATION

 

That Council cancel the Ordinary Council meeting scheduled for 25 June 2014.

 

COUNCIL DECISION

 

Motion:                         Moved: Mayor Mannoun               Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

Clrs Stanley and Shelton asked to be recorded as voting against the motion.

CHIEF EXECUTIVE OFFICER REPORT

Public Forum

 

(Presentation – Items not on agenda)                   

1.         Ms Debra Atkins addressed Council on sponsorship for Stage Struck Dancing Studio Tour.

 

2.         Mr Eric Corso addressed Council on public recreational areas and the town centre of Middleton Grange.

 

3.      Mr John Anderson addressed Council on the Proposed Intermodal.

 

Motion:                         Moved: Clr Ristevski                     Seconded: Mayor Mannoun

That a two minute extension of time be given to Mr John Anderson.

 

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

 

 

(Representation – Items on agenda)

 

1.       Ms Sharon Hughes addressed Council on the following Item:

 

Item CTTE 03 – Local Traffic Committee Minutes of Meeting Held on 14 May 2014 (Pine Road, Casula – Proposed road closure of the section close to Hume Highway.)


 

 

Mayoral Minute

SUBJECT: Sponsorship request to support local children dance at Disneyland

 

Council has been approached by the Australian Dance and Drama Company seeking sponsorship for 23 Liverpool children to dance at Disneyland in the USA.  The children will also participate in workshops held by Disney Choreographers and the Edge Performing Arts while in the USA.

 

While fundraising for the tour has been in place over the last 12 months a shortfall in funding still exists.

 

The Australia Dance and Drama Company has sought help from Council to assist these children for the 5 July – 13 July, 2014 tour to the USA.

 

Children from this group have performed free of charge at Council’s Australia Day 2014 celebration and at the 2013 Spring Garden Festival at Bigge Park.  The Dance and Drama Company have indicated that the children would be happy to perform at future Liverpool Council sponsored events.

 

Many of the children touring have conditions ranging from mild cerebral palsy to scoliosis and diabetes.  Dancing assists these children to participate in a normal active lifestyle.

 

As the children will be touring in early July, I have brought forward this request for sponsorship as an urgent item for consideration by Council.

 

I propose that sponsorship of $200 per dancer be provided by Council, representing $4,600 in total. 

 

The Sponsorship is consistent with Council’s Corporate Sponsorship guidelines through its community and social development and cultural development objectives.  While funding can be provided to a for-profit or not-for-profit organisation, I propose that in this case funds be directed to the participating children as below:

 

Name

Suburb

Age

Erin McClatchey

Until recently Miller

17 years

Rachael Dimond

Moorebank

13 years

Emily Gonano

Moorebank

 6 years

Bethany Gonano

Moorebank

 8 years

Chloe Gonano

Moorebank

10 years

·          Emma Shaliapin

Mount Pritchard

10 years

·          Jake Katavich

Until recently Moorebank

10 years

·          Taylor Katavich

Until recently Moorebank

13 years

Sandra Yazbeck

Chipping Norton

 9 years

Della Reinke

Chipping Norton

10 years

Holly Reinke

Chipping Norton

11 years

Jasmin Stroud

Until recently Moorebank

16 years

·          Kara Buttigieg

Holsworthy

16 years

Madison Palmer

Wattle Grove

11 years

·          Hayley Billingsley

Moorebank

14 years

·          Taryn Pritchard

Hammondville

11 years

Emma Frisina

Casula

20 years

Lara Turk

Chipping Norton

10 years

·          Jessica Jelavic

Prestons

12 years

Brittney Phillips

Lurnea

 9 years

·          Rylee McCartney

Hammondville

12 years

Kirby McCartney

Hammondville

10 years

Lily Wise

Hammondville

 7 years

 

·         Denotes life challenge

 

Motion:                                  Moved: Mayor Mannoun              

That Council

  1. Provides sponsorship of $200 to each child participating in the dancing tour arranged by Australian Dance and Drama Company to the USA from 5 July – 13 July, 2014 funded from the Councillor Reserve.

 

  1. Takes up the opportunity for the children from the Australian Dance and Drama Company to perform at upcoming Council events, including the Night Markets.

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


Notices of Motion

ITEM NO:       NOM 01

FILE NO:        128956.2014

SUBJECT:     Outstanding Legal, Social and Other Liabilities

 

NOTICE OF MOTION

 

That Council:

 

1.   Provides a report to the July 2014 (under confidential cover as necessary) a report that details all known areas of concern for current and projected exposure to legal, financial and social liabilities.

 

2.   The report should advise level of projected exposure, Council's current position and what steps are being taken to address these situations.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

That Council:

 

  1. That Council receives a risk report based on the new Enterprise Risk Management Policy and Strategy, every six months commencing July 2014.

 

  1. The report should advise level of projected exposure, Council's current position and what steps are being taken to address these situations.

 

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

 

 


ITEM NO:       NOM 02

FILE NO:        134503.2014

SUBJECT:     Community Engagement

 

NOTICE OF MOTION

 

That Council:

 

1.   Receives a report at its July 2014 meeting regarding the effectiveness of the subscription to the “Bang the Table” marketing campaign.

 

2.   Total costs of the initiative; broken up into individual campaigns.

 

3.   Are Council Officers able to ascertain the effectiveness of the use of this type of marketing to improve Council’s communication with its residents? What has that been?

 

4.   Effective immediately provides all Councillors with a copy of the campaigns and the questions to be asked before the phone calls take place. (To allow Councillors to deal with feedback by residents effectively).

 

5.   Approval for all questions by consultation with the Mayor and CEO. 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

That the recommendation be adopted.

 

 Foreshadowed Motion       Moved: Clr Ristevski           Seconded: Clr Mamone

 

That Council notes the comments of the Acting Chief Executive Officer (as shown below) and receives and notes the motion only:

 

Liverpool Listens has been live since May 2014 and evaluation is scheduled in a further 9 months at which time a report will be provided.

 

Reachtel has been used to trial key events including New Years Eve and the first Night Markets, whilst impact is still being ascertained anecdotal evidence shows a raised awareness.  

 

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

 

The foreshadowed motion moved by Clr Ristevski then became the motion and on being put to the meeting was declared CARRIED.

 


ITEM NO:       NOM 03

FILE NO:        134517.2014

SUBJECT:     CCTV

 

NOTICE OF MOTION

 

That Council:

 

1.   Provides a report to the July 2014 Council meeting detailing the current operation of CCTV and Wi-Fi in the CBD.

 

2.   The report should discuss (but not limited to):

 

a)   Total spending to date

b)   Funding sources and how money has been allocated

c)   Details of any grant applications (whether successful or not) that may have been made to assist Council to set up and run CCTV

d)   Estimates of yearly maintenance and other costs that affect Council Budget.

e)   effectiveness of the initiative.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

That the recommendation be adopted.

 

Foreshadowed Motion        Moved: Clr Hadid                 Seconded: Clr Ristevski

 

That Council notes the comments of the Acting Chief Executive Officer (as shown in the Council Agenda) and receives and notes the motion with an evaluation report to be prepared within 3 to 6 months.

 

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

 

The foreshadowed motion moved by Clr Hadid then became the motion and on being put to the meeting was declared CARRIED.

 


ITEM NO:       NOM 04

FILE NO:        134688.2014

SUBJECT:     Recording of Minutes of Council Meetings

 

NOTICE OF MOTION

 

That Council:

 

1.   Saves the recordings of Council meetings for 6 months after the confirmations of the Minutes of that meeting.

 

2.   Updates the Code of Meetings Practice page 15 at 21.7 to read:

 

21.7. For the purposes of compiling the minutes of meetings, each meeting shall be recorded, with the recordings kept, other than by resolution of Council, for six months after the minutes of that meeting are confirmed by Council and the recordings must be disposed of in accordance with the General Records Disposal Schedule for Local Government.

 

3.   Updates any other relevant Council Policy documents to reflect these changes.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.   Saves the recordings of Council meetings for a four year rolling period.

 

2.   Updates the Code of Meetings Practice page 15 at 21.7 to read:

 

21.7. For the purposes of compiling the minutes of meetings, each meeting shall be recorded, with the recordings kept, other than by resolution of Council, for a four year rolling period after the minutes of that meeting are confirmed by Council and the recordings must be disposed of in accordance with the General Records Disposal Schedule for Local Government.

 

3.  Updates any other relevant Council Policy documents to reflect these changes.

 

4. Staff prepare a report to Council on the feasibility of introducing full web broadcasting of Council meetings and their availability as a podcast as practiced by a number of NSW Councils.

 

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

 


ITEM NO:       NOM 05

FILE NO:        134728.2014

SUBJECT:     Election of Councillor as an Executive Member on NSW Branch of the Australian Local Government Women’s Association (ALGWA)

 

NOTICE OF MOTION

 

That Council:

 

1.   Congratulates Councillor Waller on her service to the Australian Local Government Women’s Association and appointment to the NSW Executive.

 

2.   Extends the Councillor expenses policy to cover the reasonable costs of travel and accommodation to attend Australian Local Government Women’s Association meetings for the one year term.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley                        Seconded: Clr Hadchiti

 

That Council:

 

1.   Congratulates Councillor Waller on her service to the Australian Local Government Women’s Association and appointment to the NSW Executive.

 

  1. Extends the Civic Expenses and Facilities Policy to cover the reasonable costs of travel and accommodation to attend Australian Local Government Women’s Association meetings for the one year term.

 

3.   Extends the Civic Expenses and Facilities Expenses Policy point 4.10.1 to read: “Any interstate travel to be approved by the Chief Executive Officer.”

 

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

 

 
Independent Hearing and Assessment Panel Report

ITEM NO:       IHAP 01

FILE NO:        119807.2014

SUBJECT:     Torrens title subdivision creating two allotments at 165 Fifth Avenue, Austral

 

RECOMMENDATION

 

That Council approves Development Application DA-908/2013 for a facilitating Torrens title subdivision creating two allotments, subject to the recommended conditions attached to the Council officer’s IHAP report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


ITEM NO:       IHAP 02

FILE NO:        120346.2014

SUBJECT:     Alterations and additions and two lot Torrens title subdivision at 5 Durack Place, Casula

 

RECOMMENDATION

 

That Council approves Development Application DA-1281/2013, subject to the recommended  conditions attached to the Council officers IHAP Report and as modified by IHAP and the Council officer as follows:

 

B.     PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE

 

2a.     The proposed concrete driveway shall be located adjacent to the proposed boundary      with proposed Lot 2 and a 600mm wide landscape strip be created between the      proposed driveway and the boundary to the property to the north-west.

 

2b.     A detailed landscape plan shall be submitted to the satisfaction of the PCA, prior to issue of any construction certificate.

 

2c.     The proposed allotment boundary of the battle-axe    handle where it traverses the          shared driveway, should be maintained at 3 metres wide     with a right of carriageway in           favour of proposed lot 2 where it overlaps the driveway of        the existing dwelling.

 

E.      PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

 

38a. The proposed driveway and landscaping should be constructed and installed prior to release of a subdivision certificate to ensure early establishment of landscaping.

 

42a. The following restriction as to user must be placed over proposed Lot 1 to benefit Lot 2. 

        Details shall be submitted with the application for a Subdivision Certificate.

 

(a)     A right of carriageway in favour of Lot 2 must be provided where it overlaps the

         driveway of the existing dwelling on Lot 1.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.


ITEM NO:       IHAP 03

FILE NO:        121338.2014

SUBJECT:     Construction of a nine storey residential flat building containing thirty-six residential units with basement car parking and ancillary site works

 

RECOMMENDATION

 

That Council:

 

1.       Approves Development Application No. DA-1413/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report

 

2.       Notify in writing, the persons who made a submission with regard to the proposed development.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.


ITEM NO:       IHAP 04

FILE NO:        122664.2014

SUBJECT:     Subdivision of two existing lots into 13 Torrens Title lots; road construction and tree removal at Lot 423 and Lot 41 San Cristobal Drive, Green Valley

 

RECOMMENDATION

 

That Council:

 

1.   Approves Development  Application DA-1291/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by the following additional changes:

 

a.   Delete Condition 19 as contained within the IHAP report.

 

b.   Insert the following new condition to be satisfied prior to the issue of a Subdivision Certificate:

 

“Lot 12 and Lot 13 shall each be burdened by a restriction on the use of land which states that the burdened lots have no building entitlement. The 88B Instrument shall state that each restriction on the use of land shall not be extinguished or altered without the written consent of Liverpool City Council”.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 
Chief Executive Officer Report

ITEM NO:       CEO 01

FILE NO:        117136.2014

SUBJECT:     Supporting our Locals

 

RECOMMENDATION

 

That Council receive and note this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ristevski

 

  1. That Council receive and note this report.

 

  1. That Councillors receive an update at a Councillor Briefing Session on what other Councils are doing to preference their local businesses.

 

  1. That Council designate an appropriate officer for contact and advice to local businesses interested in providing goods and services to Council and establishes an annual workshop on how to do business with Council with particular advice on applying for Council tenders

 

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

 

Mayor Mannoun left the Chambers at 6.57pm.

 

Deputy Mayor Hadid took the Chair.

 

Mayor Mannoun returned to the Chambers at 7.00pm.

 

 


ITEM NO:       CEO 02

FILE NO:        135355.2014

SUBJECT:     Staff Matter

 

RECOMMENDATION

 

That the arrangement suggested in the confidential report be adopted by Council and it remain confidential pursuant to the provisions of Section 10A(2)(a) of the Local Government Act 1993 as it contains personnel matters concerning particular individuals (other than Councillors).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Karnib

 

That the recommendation be adopted.

 

Foreshadowed Motion:        Moved: Clr Hadchiti                     Seconded: Clr Ristevski

 

That Council receive and note the report.

 

On being put to the meeting the motion from Clr Hadid was declared CARRIED and the foreshadowed motion from Clr Hadchiti lapsed.

 

 
Executive Director Report

ITEM NO:       ED 01

FILE NO:        127270.2014

SUBJECT:     Local Government NSW Annual Conference

 

RECOMMENDATION

 

That:

1.   Council nominates up to 11 delegates to attend the 2014 Local Government New South Wales Annual Conference to vote on motions.

 

2.    Council staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference. 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

 

That:

 

1.   Council nominates up to 11 delegates to attend the 2014 Local Government New South Wales Annual Conference to vote on motions.

 

2.   Council staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference with the issue of trailer parking on residential streets to be one of the motions to be prepared.

 

3.   Interested Councillors wishing to attend the Conference to contact the Chief Executive Officer’s Office by Friday, 27 June 2014.

 

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

 

 

 


ITEM NO:       ED 02

FILE NO:        128877.2014

SUBJECT:     Councillor Access to Information and Interaction with Staff Policy

 

RECOMMENDATION

 

That Council adopts the revised Councillor Access to Information and Interaction with Staff Policy.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti                      Seconded: Clr Hadid

 

That Council adopts the revised Councillor Access to Information and Interaction with Staff Policy subject to the following changes:

 

  1. The response times referred to in the Policy for Mayoral, Deputy Mayor and  Councillor requests be changed to two ordinary days.

 

  1. A definition of the word “response” be included in the Policy.

 

  1. The Chief Executive Officer to review the current system and report back to Council.

 

  1. Point 4.8.3 of the Policy which deals with inappropriate interactions and currently reads:

 

                   “The following interactions are inappropriate:

 

4.8.3. The Mayor or Councillors approaching staff outside the Council building or outside hours of work to discuss Council business.”

 

To be deleted from the policy.

 

Foreshadowed Motion        Moved: Clr Shelton              Seconded: Clr Stanley

 

That the recommendation be adopted.

 

On being put to the meeting the motion from Clr Hadchiti was declared CARRIED and the foreshadowed motion from Clr Shelton lapsed.

 

Clrs Shelton and Stanley asked to be recorded as voting against the motion.

 

 


ITEM NO:       ED 03

FILE NO:        128889.2014

SUBJECT:     Annual Reporting of Contracts for Senior Staff

 

RECOMMENDATION

 

That Council receives and notes the report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 


ITEM NO:       ED 04

FILE NO:        128850.2014

SUBJECT:     Endorsement of the 2013-17 Delivery Program and 2014-15 Operational Plan

 

RECOMMENDATION

 

That Council:

 

1.       Adopts the 2013-17 Delivery Program and 2014-15 Operational Plan with the changes outlined in this report.

 

2.       Makes the rates and charges for the financial year commencing 1 July 2014 as outlined in the Statement of Revenue Policy and exhibited in the draft Delivery Program and Operational Plan.

 

3.       Approves the fees and charges outlined below to be placed on public exhibition for 28 days and that a further report to Council be provided with any submissions made:

 

3.1     Attached changes to the fee structure for onsite sewerage fees.

 

3.2     New fee structure to apply to construction certificates for Class 2-9 Commercial / Industrial, Class 10A Outbuildings over $5,000 Residential and Class 2-9 and 10A Commercial over $5,000 if the application is lodged as a combined Development Application and Construction Certificate including registration.

 

3.3     Change in cost of after-hours venue hire for the Michael Wenden Aquatic Leisure Centre from not applicable in 2013-14 to subject to negotiation in 2014-15.

 

4.   Writes to the individuals and groups who provided a submission, thanking them for their submission and provides a response to their feedback and, or comments.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That Council:

 

1.       Adopts the 2013-17 Delivery Program and 2014-15 Operational Plan with the changes outlined in this report.

 

2.       Makes the rates and charges for the financial year commencing 1 July 2014 as outlined in the Statement of Revenue Policy and exhibited in the draft Delivery Program and Operational Plan.

 

3.       Approves the fees and charges outlined below to be placed on public exhibition for 28 days and that a further report to Council be provided with any submissions made:

 

3.1     Attached changes to the fee structure for onsite sewerage fees.

 

 

 

3.2     New fee structure to apply to construction certificates for Class 2-9 Commercial / Industrial, Class 10A Outbuildings over $5,000 Residential and Class 2-9 and 10A Commercial over $5,000 if the application is lodged as a combined Development Application and Construction Certificate including registration.

 

3.3     Change in cost of after-hours venue hire for the Michael Wenden Aquatic Leisure Centre from not applicable in 2013-14 to subject to negotiation in 2014-15.

 

3.4    Delete the Busking Permit Fee.

 

4.    Writes to the individuals and groups who provided a submission, thanking them for their submission and provides a response to their feedback and, or comments.

 

5.   That Council review its hoarding fees and any methodology used to come up with that figure and compare them with other Councils hoarding fees and provide a report back to Council.

 

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

 

Division Called:

 

Vote for:             Mayor Mannoun

Clr Hadchiti

Clr Hadid

Clr Mamone

Clr Ristevski

 

Vote Against:     Clr Harle

Clr Karnib

Clr Shelton

                             Clr Stanley

 
Business Excellence Report

ITEM NO:       GMBE 01

FILE NO:        127402.2014

SUBJECT:     Statutory Investment Report May 2014

 

RECOMMENDATION

 

That Council receives and notes this report.

 

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.

 

 
City Presentation Report

ITEM NO:       GMCP 01

FILE NO:        102252.2014

SUBJECT:     ST2248 - Supply and Delivery of Trees and Shrubs

 

RECOMMENDATION

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.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

 

That Council:

1.       Accept the Tender from Alpine Nurseries Pty Ltd, Green Leisure Group, Greenhaven Garden Centre, Greening Australia NSW, Muru Mittigar Pty Ltd, Toolijooa Pty Ltd for Tender ST2248 Tree and Shrub Supply and Delivery for an initial 2 year contract term with the option of extending 3 times for 12 months each.

2.       Makes public its decision regarding tender ST2248 - Tree and Shrub Supply and Delivery.

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.

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

 

Councillors voted unanimously for this motion.

 

 


ITEM NO:       GMCP 02

FILE NO:        102330.2014

SUBJECT:     ST2328 - Supply and Delivery of Two (2) Wood Chippers

 

RECOMMENDATION

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.

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Harle

 

That Council deal with this matter at the end of the meeting in Closed Session.

            

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

 

 
Community and Culture  Report

ITEM NO:       GMCC 01

FILE NO:        127996.2014

SUBJECT:     Local Government Arts and Culture Awards

 

RECOMMENDATION

 

That Council:

 

1.       Acknowledges the win of two 2014 Local Government Arts and Culture Awards.

 

2.       Thank staff at Casula Powerhouse Arts Centre for their work.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              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.

 


ITEM NO:       GMCC 02

FILE NO:        128095.2014

SUBJECT:     Request for Rental Waiver - Disability South West Limited (Noah's Ark Toy Library)

 

RECOMMENDATION

 

That Council:

 

1.       Approve a three-year license from 1 July 2014 for Disability South West Limited (Noah’s Ark Toy Library) to use the City Library Orange Room for service delivery.

 

2.       Approve the waiver of normal rental fees for the period of this license.

 

COUNCIL DECISION


Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

That Council:

 

  1. Approve a three-year license from 1 July 2014 for Disability South West Limited (Noah’s Ark Toy Library) to use the City Library Orange Room for service delivery.

 

  1. Approve the waiver of normal rental fees for the period of this license.

 

  1. Note the savings it’s experiencing by not having to provide a toy borrowing service as this I being provided by Noah’s Ark Toy Library.

 

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

 
Economy and Engagement Report

ITEM NO:       GMEE 01

FILE NO:        133467.2014

SUBJECT:     Donations, Grants and Sponsorship

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the Financial Contributions Panel's recommendations for the provision of $1,900 under the Sporting Donations Program as summarised in the table below

 

Applicant Name

Amount

Georgia Heath

$200

Maddison Heath

$200

Chantelle Mills

$200

Amber Williams

$500

Shannon Fitzgerald

$200

Cayla Fitzgerald

$200

Daniel J Lambert

$200

Tiana Stojkovic

$200

 

 

2.   Endorses the Financial Contributions Panel's recommendations for the provision of $17,370 under the Community Donations Program (including four Community Grants applications and one Youth Donation applications) as summarised in the table below

 

Applicant Name

Project Name

Amount

Liverpool Neighbourhood Connections

Keep ‘em Safe

$5,000

Liverpool Neighbourhood Connections

Cooking for Living

$1,875

Sloosh Kidscare Inc.

The Early Buzz Program

$4,995

La’u Samoa Council

Samoan Independence Day

$5,000

Shayla Gibbs

National representation at World Hip Hop Dance Championship in USA

$500

 

 

3.   Endorses the Financial Contributions Panel's recommendations for the provision of $15,000 from the 2014/15 Corporate Sponsorship Program, subject to Council’s adoption of its  2014/15 budget, as summarised in the table below:

 

 

 

Applicant name

Amount

NSW Business Chamber

$5,000 ex GST

 The Eid Festival In The Park

$3,000 ex GST

Share Care Incorporated

$5,000 ex GST

Tank U Pty Ltd T/A  Australian Fighters and Martial Arts Exhibition

$1,000 ex GST

Hoxton Park Public School P & C

$1,000 ex GST

 

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 


ITEM NO:       GMEE 02

FILE NO:        134150.2014

SUBJECT:     Liverpool Youth Council Committee Community Member Nomination 2014-2016

 

RECOMMENDATION

 

That Council approves and endorses the nominations of the selection panel for the new Liverpool Youth Council for the 2014-2016 term (confidential report attached with the applicants’ details).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Harle

 

That Council endorses the following young people as members of the Liverpool Youth Council for the 2014-2016 term.

         

Alicia Camilleri

Marcelo Locardi-Rauth

Andy Oraha

Michael Tanazefti

Audrey Figues

Michael Tien

Christina Pisani

Nikhil Goyal

Lilly Lyons

Sarah Yahya

Luke Hey

Tanika Sibal

 

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

 
Governance Report

ITEM NO:       GMGO 01

FILE NO:        116046.2014

SUBJECT:     Enterprise Risk Management Draft Policy and Strategy

 

RECOMMENDATION

 

That Council adopt the Draft Risk Management Policy and Risk Management Framework.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Karnib

 

1.    That Council adopt the Draft Risk Management Policy and Risk Management Framework.

 

2.    That the Risk Management Committee referred to in the Policy be a Committee of Council and a Charter be brought back to Council for adoption.

 

Foreshadowed Motion:       Moved: Clr Stanley                        Seconded: Clr Karnib

 

That Council defer adoption of the Risk Management Policy until further information is brought back to Council in July 2014 in relation to the Risk Management Committee, which shall consist of a majority of professional staff members of Council together with Councillor members.

 

On being put to the meeting the motion from Mayor Mannoun was declared LOST.

 

The foreshadowed motion from Clr Stanley became the motion and on being put to the meeting was declared CARRIED.

 

Mayor Mannoun called for recess of Council at 8.02pm.

 

Mayor Mannoun resumed the meeting at 8.15pm.

 

 


ITEM NO:       GMGO 02

FILE NO:        122997.2014

SUBJECT:     Compulsory Acquisition of a part of Lot 10 DP 881265, Mill Park, Casula by the Rail Corporation of New South Wales

 

RECOMMENDATION

 

That Council:

 

1.       Notes that the Rail Corporation of New South Wales are compulsory acquiring a part of Lot 10 DP 881265, Mill Park, comprising an area of approximately 21.3 square metres for the purposes of enclosing a critical piece of railway infrastructure;

 

2.       Notes that in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, the compensation amount payable to Council will be determined by the Valuer General;

 

3.       Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision;

 

4.       Transfers the compensation amount into the Property Development Reserve;

 

5.       Notes that a follow up report will be submitted to Council advising of the compensation amount determined by the Valuer General.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Stanley

 

That the recommendation be adopted.


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

 


ITEM NO:       GMGO 03

FILE NO:        123274.2014

SUBJECT:     Review of the Code of Meeting Practice

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes this report.

 

2.       Proceeds with the proposed amendments as advertised.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 


ITEM NO:       GMGO 04

FILE NO:        123580.2014

SUBJECT:     Civic Expenses and Facilities Policy

 

RECOMMENDATION

 

That Council:

 

1.   Notes this report.

 

2.   Resolves to fix the fees payable to the Mayor and Councillors for the period 1 July 2014 to 30 June 2015 in accordance with the maximum for a Metropolitan Centre as determined by the Local Government Remuneration Tribunal on 24 April 2014.

 

3.   Adopts the Civic Expenses and Facilities Policy attached to this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Shelton

 

That Council:

 

  1. Notes this report.

 

  1. Resolves to fix the fees payable to the Mayor and Councillors for the period 1 July 2014 to 30 June 2015 in accordance with the maximum for a Metropolitan Centre as determined by the Local Government Remuneration Tribunal on 24 April 2014.

 

  1. Adopts the Civic Expenses and Facilities Policy attached to this report subject to the following change:

 

Remove “Senior Advisor” from Point 4.4.2(d) of the Policy.

 

Foreshadowed Motion:     Moved: Mayor Mannoun   Seconded: Clr Hadchiti

 

That the recommendation be adopted with the addition to Clause 4.10.1 as referred to below:

 

Note: During Item NOM 05 of this meeting (on page 12 of these minutes), Council adopted a further change to the Policy as outlined below:

 

          “Council extends the Civic Expenses and Facilities Policy point 4.10.1 to read:

 

          Any interstate travel to be approved by the Chief Executive Officer.”

 

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

 

Clrs Shelton and Stanley asked that they be recorded as voting for the motion.

 

The foreshadowed motion from Mayor Mannoun then became the motion and on being put to the meeting was declared CARRIED.

 

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

 


Infrastructure and Environment Report

ITEM NO:       GMIE 01

FILE NO:        121127.2014

SUBJECT:     Tender ST2329 – Liverpool LGA Traffic and Transport Study

 

RECOMMENDATION

 

That Council:

 

1.   Declines to accept any of the tenders for Tender ST2329 - Liverpool LGA Traffic and Transport Study.

 

2.   In accordance with Section 178, Clause 3(a) of the Local Government Act (General) Regulation 2005, postpones the proposal for the contract.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


ITEM NO:       GMIE 02

FILE NO:        100255.2014

SUBJECT:     Council’s Multi-Storey Parking Stations

 

RECOMMENDATION

 

That Council receives and notes the contents of this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 


ITEM NO:       GMIE 03

FILE NO:        121108.2014

SUBJECT:     Tender PQ2347 - Air Conditioning Upgrade at Hilda Davis Community Centre

 

RECOMMENDATION

 

That Council:

 

  1. Accepts the recommendation put forward in the confidential report provided under separate cover.

 

  1. 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 ta confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

 

That Council:

 

1.   Accepts the quote from Integral Electrical Engineering Co. Pty Ltd for Quote PQ2347 Replacement of Air Conditioning System at Hilda Davis Community Centre for the lump sum price of $178,228 plus GST.

 

2.   Makes public its decision regarding quote PQ2347 - Replacement of Air Conditioning System at Hilda Davis Community Centre.

 

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 quote, 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 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.

 

Councillors voted unanimously for this motion.

 


ITEM NO:       GMIE 04

FILE NO:        122430.2014

SUBJECT:     Tender WT2348 - Construction of Amalfi Park Detention Basin, Graham Avenue, Lurnea

 

RECOMMENDATION

 

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.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That Council:

 

  1. Accepts the Tender submission from Civil Constructions Pty Ltd for WT2348 -Construction of Amalfi Park Detention Basin, Graham Avenue, Lurnea for the price of $3,512,345.45 plus GST.

 

  1. Makes public its decision regarding WT2348 – Construction of Amalfi Park Detention Basin, Graham Avenue, Lurnea

 

  1. 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.

 

  1. 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.

 

Councillors voted unanimously for this motion.

 

 
Mayor Mannoun left the Chambers at 8.24pm.

 

Deputy Mayor Hadid took the Chair.

 

Mayor Mannoun returned to the Chambers at 8.27pm.

 

Mayor Mannoun left the Chambers at 8.28pm.

 

Deputy Mayor Hadid took the Chair.

 

Mayor Mannoun returned to the Chambers at 8.29pm. 

 

Planning and Growth Report

 

ITEM NO:       GMPG 01

FILE NO:        090632.2014

SUBJECT:     LLEP Draft Amendment No. 50 - Proposed Rezoning of 900 Cowpasture Road, Cecil Hills. Sydney Water Site

 

RECOMMENDATION

 

That Council:

 

1.       Endorses the Sydney Water Site Planning Proposal (Amendment No. 50) to be forwarded to NSW Planning and Environment seeking Gateway determination.

 

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

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Karnib

 

Council defer the matter for further information and a report back to Council.

 

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

 

Vote for:              Mayor Mannoun

                             Clr Hadchiti

                             Clr Hadid

                             Clr Harle

                             Clr Karnib

                             Clr Mamone

                             Clr Ristevski

                             Clr Shelton

 

Vote against: Clr Stanley


ITEM NO:       GMPG 02

FILE NO:        101014.2014

SUBJECT:     Draft Amendment to Part 5 Liverpool Development Control Plan 2008 (Development in Rural and Environmental Zones)

 

RECOMMENDATION

 

That Council:

 

1.       Resolves to prepare and publicly 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.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley                        Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


ITEM NO:       GMPG 03

FILE NO:        101724.2014

SUBJECT:     Draft Liverpool Local Environmental Plan 2008 (Amendment No.42) and Draft Liverpool Development Control Plan 2008 (Amendment No.12) - Restricted Premises

 

RECOMMENDATION

 

That Council:

 

1.       Adopt Draft Liverpool Local Environmental Plan 2008 (Amendment No 42) and forward the plan to NSW Planning and Environment requesting notification (gazettal) of the amendment.

 

2.       Adopt Draft Liverpool Development Control Plan 2008 (Amendment No 12), to come into effect as at its notification in the local paper.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 

Vote for:             Mayor Mannoun

                             Clr Hadchiti

                             Clr Hadid

                             Clr Harle

                             Clr Karnib

                             Clr Mamone

                             Clr Ristevski

                             Clr Shelton

 

Vote against:      Clr Stanley

 

 

 


ITEM NO:       GMPG 04

FILE NO:        111545.2014

SUBJECT:     Public Exhibition Outcomes - Liverpool Development Control Plan Draft Amendment 13

 

RECOMMENDATION

 

That Council adopts Amendment 13 to the Liverpool Development Control Plan 2008 in accordance with the section 21 of the Environmental Planning and Assessment Regulation 2000 to come into effect upon the publication of a public notice in the local paper.

 

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:       GMPG 05

FILE NO:        111831.2014

SUBJECT:     Approval for Works-In-Kind Tender for DA-647/2012/A, DA-290/2013/A and DA-378/2013

 

RECOMMENDATION

That Council:

1.       Accept the Tender WIK proposal by the developer subject to capping the WIK credit to the amounts indicated on the Liverpool Contributions Plan 2009.

2.       Notes that the Executive Director will finalise and sign a WIK agreement in accordance with the delegated authority.

3.       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.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  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:       GMPG 06

FILE NO:        122707.2014

SUBJECT:     Black Muscat Park - Noise and Unapproved Use

 

RECOMMENDATION

 

That Council:

 

1.   Notes the background information in this report and the options discussed.

 

2.   Endorses Option 1 for a trial period of 3 months commencing on Saturday 5 July at an estimated cost of $8000.

 

3.   Directs that the trial be funded from operational budget savings to be allocated at the first quarterly review.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

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

 


ITEM NO:       GMPG 07

FILE NO:        129662.2014

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.

 

4.       Notes that a further report will be provided to Council at a future meeting on assessment panel options as part of a broader review of development assessment delegations.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

 

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.       Notes that a further report will be provided to Council at a future meeting on assessment panel options as part of a broader review of development assessment delegations.

 

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

 

Councillors voted unanimously for this motion

 Committee Reports

ITEM NO:       CTTE 01

FILE NO:        047873.2014

SUBJECT:     Minutes of the Aboriginal Consultative Committee Meeting held on 8 May 2014

 

RECOMMENDATION

 

That Council:

 

  1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 8 May 2014.

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That Council:

 

  1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 8 May 2014.

 

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

 

  1. That the committee be invited to provide to Council a schedule of recurring annual events and anticipated costs.

 

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

 


ITEM NO:       CTTE 02

FILE NO:        117579.2014

SUBJECT:     Minutes of Liverpool Youth Council meeting held on 6 May 2014

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the Liverpool Youth Council held on Tuesday 6 May 2014.

 

2.       Notes that the Minutes identify a number of actions that require Council staff to undertake. Furthermore notes that funding for the Liverpool Youth Council is allocated within the budget of the Community Development Unit.

 

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:        120044.2014

SUBJECT:     Local Traffic Committee Minutes of Meeting Held on 14 May 2014

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the Local Traffic Committee Meeting held on 14 May 2014.

 

2.       Adopts the following recommendations of the Local Traffic Committee meeting:

 

          Item 1    Pine Road, Casula - Proposed road closure of the section close to the Hume Highway

 

i.   Approves the proposed full road closure of the section of Pine Road, between the BP Service Station driveway off Pine Road and the Hume Highway, Casula and associated road works i.e. extension of Ingham Drive to the Hume Highway and realignment of Pine Road, to connect to the proposed Ingham Drive extension. 

ii.  Advises all stakeholders of the outcome.

 

          Item 2    Macquarie Street, Liverpool – Review of on-street parking after hours 

 

i.   Approves amendment of the existing No Stopping zone from full time No Stopping to No Stopping 5:00am-7:00pm between 333 to 345 Macquarie Street (for a distance of approximately 42m) for a trial period of six months.  The outcome of the trial period to be reported to the LTC.

ii.  Advises all stakeholders of the outcome.

 

          Item 3      Quadrat Lane, Sadleir – Request for Children’s Crossing outside Sadleir Public School

 

i.   Approves the installation of Children’s Crossing on Quadrat Lane, Sadleir outside Sadleir Public School.

ii.  Sadleir Public School be notified and be requested to sign the Children’s Crossing Flags Agreement.

 

          Item 4    George Street, Liverpool – Proposed Special Event (Starry Sari Night)

 

i.   Approves the proposed road event (for 2014 and 2015) as Class 2 Special Events with the following requirements:

·      Submission of a Special Events Traffic Management Plan with associated traffic control plan to RMS for endorsement.

·      Advertising of the event and the proposed temporary road closures of the events at least 28 days prior to the event.

·      Certificate of currency, with RMS and the Police indemnified.

·      Consultation with the Police. 

·      Appropriate consultation with local bus operators and emergency access.

 

          Item 5    Nuwarra Road and Marshall Avenue Intersection, Moorebank – Review of Intersection Control

 

i.   Approves the installation of an advisory sign “Do Not Queue Across Intersection” (G9–237) on Nuwarra Road at its intersection with Marshall Avenue for westbound motorists as per RMS guidelines.

ii.  Advises all stakeholders of the outcome.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

That Council:

 

1.       Receives and notes the Minutes of the Local Traffic Committee Meeting held on 14 May 2014.

 

2.       Adopts the following recommendations of the Local Traffic Committee meeting:

 

          Item 1    Pine Road, Casula - Proposed road closure of the section close to the Hume Highway

 

i.   Approves the proposed full road closure of the section of Pine Road, between the BP Service Station driveway off Pine Road and the Hume Highway, Casula and associated road works i.e. extension of Ingham Drive to the Hume Highway and realignment of Pine Road, to connect to the proposed Ingham Drive extension. 

ii.  Advises all stakeholders of the outcome.

 

          Item 2    Macquarie Street, Liverpool – Review of on-street parking after hours 

 

Note: Council at its meeting on 20 June 2014 did not approve the Traffic Committee’s

          recommendation in relation to this Item and instead resolved:

 

i.   Approves amendment of the existing No Stopping zone from full time No Stopping to No Stopping 5:00am-8:00pm between 333 to 345 Macquarie Street (for a distance of approximately 42m) for a trial period of six months.  The outcome of the trial period to be reported to the LTC.

ii.  Advises all stakeholders of the outcome.

 

          Item 3      Quadrat Lane, Sadleir – Request for Children’s Crossing outside Sadleir Public School

 

i.                      Approves the installation of Children’s Crossing on Quadrat Lane,

Sadleir outside Sadleir Public School.

ii.  Sadleir Public School be notified and be requested to sign the Children’s Crossing Flags Agreement.

 

          Item 4    George Street, Liverpool – Proposed Special Event (Starry Sari Night)

 

i.   Approves the proposed road event (for 2014 and 2015) as Class 2 Special Events with the following requirements:

·      Submission of a Special Events Traffic Management Plan with associated traffic control plan to RMS for endorsement.

·      Advertising of the event and the proposed temporary road closures of the events at least 28 days prior to the event.

·      Certificate of currency, with RMS and the Police indemnified.

·      Consultation with the Police. 

·      Appropriate consultation with local bus operators and emergency access.

 

          Item 5    Nuwarra Road and Marshall Avenue Intersection, Moorebank – Review of Intersection Control

 

i.   Approves the installation of an advisory sign “Do Not Queue Across Intersection” (G9–237) on Nuwarra Road at its intersection with Marshall Avenue for westbound motorists as per RMS guidelines.

ii.  Advises all stakeholders of the outcome.

 

Foreshadowed motion:       Moved: Mayor Mannoun               Seconded: Clr Hadchiti

 

That the recommendation be adopted subject to Item 1 relating to Pine Road Casula being deferred.

 

On being put to the meeting the motion from Clr Stanley was declared CARRIED.

 

The foreshadowed motion from Mayor Mannoun therefore lapsed and was not voted on.

 

 


ITEM NO:       CTTE 04

FILE NO:        121304.2014

SUBJECT:     Minutes of the Liverpool Access Committee 8 May 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 8 May 2014.

 

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:        125166.2014

SUBJECT:     Environment Advisory Committee Meeting Minutes of 12 May 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 12 May 2014.

 

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:        126730.2014

SUBJECT:     Minutes of Tourism and Events Committee meeting held 4 June 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Tourism and Events Committee Meeting held on 4 June 2014.

 

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:        127236.2014

SUBJECT:     Key Site Master Planning Steering Committee Minutes - 3 June 2014

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 3 June 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.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

That Council:

 

  1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 3 June 2014;

 

  1. Adopts the recommendation put forward in the confidential report provided under separate cover; and

 

  1. 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.

 

  1. That the minutes in future are provided to Council so that ratepayers are aware of what is discussed at this Committee. Only Items that satisfy Section 10A(2)(c) of the Local Government Act 1993 are to be reported separately. 

 

  1. Notice of meetings of this Committee be given to all Councillors with a minimum of 3 days notice.

 

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

 

 

 


ITEM NO:       CTTE 08

FILE NO:        129023.2014

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 3 June 2014.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 


ITEM NO:       CTTE 09

FILE NO:        130862.2014

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 4 June 2014.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 


ITEM NO:       CTTE 10

FILE NO:        131332.2014

SUBJECT:     Street Naming Committee minutes from 3 June 2014

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the Street Naming Committee Meeting held on 3 June 2014.

 

2.       Allocates $2,650 to be funded from the General Fund for a commemorative naming plaque for Bob Evans Park in Moorebank.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Mamone

 

That Council:

 

  1. Receives and notes the Minutes of the Street Naming Committee Meeting held on 3 June 2014.

 

  1. Allocates $2,650 to be funded from the General Fund for a commemorative naming plaque for Bob Evans Park in Moorebank.

 

  1. Approve the name Gran Sasso Avenue for the street in Edmonson Park referred to in Item 3 of the Minutes.

 

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

 


ITEM NO:       CTTE 11

FILE NO:        127974.2014

SUBJECT:     Liverpool Sports Committee Minutes of Meeting 27 March 2014

 

RECOMMENDATION

 

That Council receives and notes the minutes of the Liverpool City Sports Committee meeting held on 27 March 2014.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 


ITEM NO:       CTTE 12

FILE NO:        133853.2014

SUBJECT:     Minutes of Economic Development Committee meeting held 4 June 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Economic Development Committee Meeting held on 4 June 2014.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 


9.30pm Extension of time to continue meeting

 

Motion:                         Moved: Mayor Mannoun               Secconded: Clr Hadid

 

That an extension of time of 30 minutes be granted to continue the meeting.

 

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

ITEM NO:       CTTE 13

FILE NO:        133858.2014

SUBJECT:     Minutes of Building Our New City Committee meeting held 4 June 2014

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Building our New City Committee Meeting held on 4 June 2014.

 

2.   Approves the raising of a $10.7m loan to be serviced from the Town Improvement Fund levy with or without a NSW Government Local Infrastructure Renewal Scheme subsidy to fund a range of Building Our New City projects prioritised through the process facilitated by the NSW Government Architect’s Office.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded:          Clr Shelton

 

That Council:

 

1.   Receives and notes the Minutes of the Building our New City Committee Meeting held on 4 June 2014.

 

2.   Defers the raising of a $10.7m loan to be serviced from the Town Improvement Fund levy until such time as costings and plans for the revitalisation project are in place.

 

Foreshadowed motion:       Moved: Mayor Mannoun     Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

Division Called:

 

Vote for:             Clr Harle

                             Clr Karnib

                             Clr Shelton

                             Clr Stanley

 

 

Vote against:      Mayor Mannoun

                              Clr Hadchiti

                              Clr Hadid

                              Clr Mamone

                              Clr Ristevski

 

The foreshadowed motion then became the motion and on being put to the meeting was declared CARRIED.

 

Clrs Shelton and Stanley asked to be recorded as voting against the motion (moved by Mayor Mannoun).

 

 

 

 
Correspondence Reports

ITEM NO:       CORR 01

FILE NO:        076531.2014

SUBJECT:     Incoming and Outgoing Correspondence Report

 

RECOMMENDATION

 

That Council receives and notes the report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

 

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:        106084.2014

SUBJECT:     Question with Notice - Clr Stanley

 

QUESTIONS WITH NOTICE

Please address the following:

 

  1. How many bus shelters have been constructed in the 2013-2014 year?

 

Five bus shelters are scheduled to be installed in the 2013-14 program year. A contract is being awarded for the fabrication and installation of the bus shelters and at this stage, the shelters are expected to be installed by August 2014.

 

  1. What are their locations?

 

·         Cowpasture Road, Hinchinbrook - on the eastern side approximately 50m south of Collarenebri Rd;

 

·         Mannow Avenue, West Hoxton - on the southern side approximately 50m west of Tunnack Close;

 

·         Greenway Drive, West Hoxton - on the northern side approximately 70m west of Carmichael Drive;

 

·         Joshua Moore Drive, Horningsea Park - on the northern side approximately 45m east of Cowpasture Rd; and

 

·         Hoxton Park Road, Hoxton Park - on the northern side approximately 50m east of Glen Innes Rd.

 

  1. Is there any back log from previous years?

 

In response to a significant demand for bus shelters, Council has developed a city wide priority program for the progressive installation of bus shelters, which aims to provide over 40 shelters in the short to medium term. However, due to competing priorities and constrained budgets, only limited funding is able to be directed towards bus shelters, which has created a backlog of the above 40 shelters.

 

The need for bus shelters is identified in consultation with the community and bus operators. The ranking of priority for the provision of bus shelters is generally based on the following factors:

 

proposed location of shelter - bus stops adjoining high pedestrian and patron generating facilities will be ranked higher .e.g. schools, shopping centres, aged care facilities and community facilities; and

 

 

 

 

  1. How many will be constructed in the 2014-2015 financial year?

 

Three bus shelters are planned to be installed in the 2014-2015 program year.

 

  1. Where are new bus shelters to be located?

 

·         Heckenberg Rd, Sadleir - on the southern side at 87 Heckenberg Rd;

 

·         Leacocks Lane, Casula - on the western side approximately 45m west of Roberts Rd; and

 

·         Middleton Grange - location to be confirmed following further investigation.

 

  1. Please indicate whether these are in new or established suburbs.

 

Shelters will be provided in both new release and established areas of Liverpool.

 

  1. What is the approximate cost of a bus shelter?

 

The estimated cost to supply and install new bus shelters ranges between $20,000 and $25,000 depending on extent of site works required to provide fully accessible bus stops. Shelters cost approximately $18,000.

 

 


ITEM NO:       QWN 02

FILE NO:        117517.2014

SUBJECT:     Question with Notice - Clr Harle

 

QUESTIONS 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?

 

Signage has been erected that indicates that amplified music is not permitted without approval from Council, and Counci’s Compliance Officers attend the site in response to complaints. Council officers have also had discussions with NSW Police, Liverpool Local Area Command (LAC).

 

  1. Have prominent signs indicating that “PA system are not allowed in the park” been installed as was promised when the matter was raised previously?

 

As noted in response to Question 1 above, there are signs in the park advising that amplified music is not permitted except with Council approval.

 

  1. 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?

 

A number of complaints have been made this year regarding large groups playing music in the park. Council officers have responded as noted above. It is noted that the complaints have been made by one resident.

 

  1. 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?

 

Council’s Compliance Officers currently attend the site in response to calls to the after-hours pager, as resources allow. During the period October 2013 to March 2014, rangers were rostered to attend the site three times on Saturdays and Sundays. As noted in the memo to Councillors in Attachment B, the regular patrols ceased in March 2014.

 

  1. Have Rangers asked Police for assistance when complaints have been received from nearby residents and if so, what was the response?

 

Liverpool police have been contacted on several occasions to assist officers attending the site. The police have advised they cannot prioritise noise complaints over more serious crime matters. However, in recent discussions, Liverpool LAC has advised that if Council officers are unable to resolve a situation in the park, they should return to seek police assistance in person. Subject to available resources, police will accompany Council officers to assist if the circumstances warrant it.

 

  1. 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?

 

Council’s Recreation section advises that the booking arrangements do not involve the issue of a formal permits. The users are not given exclusive use of an area of any park. No approvals have been issued for use of this part of Black Muscat Park and no approvals have been issued to allow for the use of amplified music or PA systems.

 

  1. 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?

 

Council’s Recreation section is unaware of such practices.

 

  1. 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.

 

Council’s Recreation section is unaware of such practices.

 

  1. 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?

 

Council’s Coordinator Facility Maintenance Programs advises that unless affected by vandalism or improper use, the toilets in the Chipping Norton Recreation area are adequate for the numbers that use the facilities.

 

Two years ago Council was fixing problems with the toilets at Black Muscat and Homestead Parks every week. Works have been carried out since then to reduce the impact of improper use of the toilets on their function. For example the tank at Black Muscat was failing continually because people were putting items like nappies down the toilet. A secondary tank has now been installed so these bulky items stay in the first tank and pump out occurs from the second tank. Homestead Park toilets have now been improved so it pumps directly to  sewer. The only major incident in the past few years occurred recently when the pump failed due to an electrical fault and toilets had to be closed until the new pump was available.

 

 

 

 

 

 

 

  1. 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?

 

Two Compliance Officers allocated to the park for five hours on a Saturday and Sunday would cost in the range of $925 to $1,110 (depending on the hourly rate of the officer). However, these officers would need to be in addition to normal rostering requirements on weekends for compliance and enforcement activities across the LGA. Additional resources would be needed. The cost of two security guards for five hours each day for Saturday and Sunday would be $660 total.

 

 


ITEM NO:       QWN 03

FILE NO:        134461.2014

SUBJECT:     Question with Notice - Clr Stanley

 

QUESTIONS WITH NOTICE

 

Please address the following:

 

  1. Have staff had an opportunity to look at the ramifications of changes and funding cuts in the Federal Budget

 

  1. Can I be advised what the budget will mean for:

 

a)    The Pensioner rate subsidies?

 

b)    Road upgrades and works for the next budget.

 

c)    Any other known changes that may affect ratepayers or Liverpool plans or projects.

 

A response to these questions will be included in the July business paper.

Clr Stanley requested a response to be provided to Councillors before the next Council meeting.

 

 

CONFIRMATION OF MINUTES

 

Motion                                   Moved: Mayor Mannoun     Seconded: Clr Harle

 

That the minutes of the Extraordinary Meeting held on 27 May 2014 and the Ordinary Meeting held on 28 May 2014 be confirmed as a true record of those meetings.

 

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

 

 


 

Motion                              Moved: Mayor Mannoun

That Council:

 

1.    Move into Closed Session to consider the Item GMCP 02.

 

2.    Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of:

 

s10A(2)(d)(i) of the Local Government Act because 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.

 

Council moved into Closed Session at 9.36pm. The public and the media left the Chambers.

 

Motion                              Moved: Mayor Mannoun

 

That Council move out of Closed Session and into Open Council.

 

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

 

 

 

Open Council resumed at 9.38pm.

 

 


 

ITEM NO:

GMCP 02

FILE NO:

102330.2014

SUBJECT:

ST2328 - Supply and Delivery of Two (2) Wood Chippers

RECOMMENDATION

 

That Council:

 

  1. Adopts the recommendation put forward in the confidential report provided under separate cover.

 

  1. 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.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Shelton

 

That Council:

  1. Accept the Tender from Mariott Tree Equipment Pty Ltd T/A Bandit Tree Equipment for the Supply and Delivery of Two (2) Wood Chippers for the lump sum price of $177,600 inclusive of GST.

 

  1. Makes public its decision regarding tender ST2328 -. Supply and Delivery of Two (2) Wood Chippers

 

  1. 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.

 

  1. 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.

 

Councillors voted unanimously for this motion.

 


 

THE MEETING CLOSED AT 9.40pm.

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:    30 July 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

   


78

Ordinary Meeting 30 July 2014

Notices of Motion

 

NOM 01

Bus Shelter in Liverpool LGA

 

Strategic Direction

Accessible Connected City

Encourage sustainable and alternative transport options such as walking, cycling and integrated public transport

Key Policy

Traffic and Transport Plan

File Ref

164272.2014

Author

Anne Stanley - Councillor

 

 

Background

 

I refer to the answer provided to the Questions on Notice 01 (File No 106084.2014) from Council's Extraordinary Meeting of 20th June 2014.

 

Since 2008 the number of Bus Shelters provided by this Council per year has steadily decreased to the budgeted Bus Shelters of three for the 2014-15 financial year. This will leave a back log of at least 40 Bus Shelters.

 

The provision of Bus Shelters supports the public transport strategy and provides shelter for residents against the elements especially appreciated by mobility impaired, those with young children or the elderly. For some of these groups public transport is their only option and should be encouraged and supported.

 

It is recognised that the provision of a bus shelter is of significant expense to Council's budget so exploring other cost effective ways to provide such a community resource is requested.

 

NOTICE OF MOTION

 

That Council:

 

1.   Investigates options to provide more Bus Shelters in Liverpool to reduce current back log by:

 

a)   increasing the number of sponsored or advertising shelters

b)   more cost effective design solutions

c)   exploring grant sources 

d)   commit budget to reduce the back log of bus shelters by no less than 10 each year over the next 5 years commencing with the 2015-16 budget year

 

e)   increase the number of bus shelters provided 2014-15 if changes to design can reduce the cost of shelters

 

2.    Provide a report to Council for its September 2014 meeting discussing the findings of this motion.

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

Council plans to install five bus shelters by August 2014, with a further three to be installed by October 2014 as part of the normal program of works for the 2014 and 2015 program years.

 

Further, Council will shortly be commencing a tender process for the long-term supply of bus shelters to Liverpool. As part of this process, Council will be exploring cost effective options for the supply, installation and ongoing maintenance of the bus shelters. One of the options may involve granting limited and controlled advertising rights to bus shelter suppliers as a way to offset the cost of supply, installation and maintenance of these structures. This method of procurement will also enable Council to finance the provision of bus shelters in low traffic streets not normally viable for advertising.

 

However, at this stage, the tender process is anticipated to be completed by late this year with a report to Council anticipated at either the December 2014 or February 2015 Council meeting. This report will also include a comprehensive discussion of the matters raised in this notice of motion.

 

CONSIDERATIONS

 

Economic and Financial

Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways.

Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.

Environmental and Sustainability

Promote an integrated and user friendly public transport service.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil


80

Ordinary Meeting 30 July 2014

Notices of Motion

 

NOM 02

Youth Homeless Services in Liverpool

 

Strategic Direction

Healthy Inclusive  City

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

Key Policy

Youth Strategy

File Ref

164377.2014

Author

Anne Stanley - Councillor

 

 

Background

 

On any given night 1 in 200 Australians are homeless and of that 27% are under the age of 18 years.

 

 Due to funding changes by the current state government under the banner of Going Home Staying Home programme the Liverpool Youth Refuge which has been operating for 27 years has been defunded and will cease operation from the end of October this year. This will reduce to 3 (from 8) the number of youth refuges available from Fairfield to Bowral. The accommodation will change from specific single sex refuges with 24 hour care to larger dual sex refuges which may not be appropriate for all young people and their complex needs causing them further hardship.

 

Liverpool Youth Refuge currently provides crisis accommodation, support, early intervention and a young parents project to at risk and homeless young people. The crisis refuge and Young Parents Project provides intensive individualised case management, living skills, and social skills, recreational and educational programs such as a young parents group. It provides wrap around supports and hence young people are linked in with appropriate agencies to best meet their needs such as headspace for counselling. The service has consistently met targets over its operation and provides a service which unfortunately is sorely needed in our community.  The crisis refuge is staffed 24 hours, seven days a week and accommodates 8 homeless young people 12-17 years of age including 2 crisis overnight beds. On average Liverpool Youth Refuge accommodates approximately 70-75 young people in the refuge and 12 families in their Young Parents Project per year. The aim of the refuge is to transition young people back home to their family if this is an appropriate option. If it is not an appropriate option staff work with the young person to secure more stable long term supported accommodation.. Liverpool Youth Refuge is one of only 2 Specialist Homeless Services (SHS) in the Sydney Metropolitan area that provides accommodation for young people from 12 years of age.

 

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Views with serious concern the decision by the NSW government to defund the Liverpool Youth Refuge.

 

2.   Views with concern the defunding of other specialist homeless services through both Liverpool and New South Wales and issues and hardship that will cause.

 

3.   Writes to other services in Liverpool to ascertain how they have been effected by the changes in the funding model by the State Government and advocates similarly for all services.

 

4.   Provides a report to the next Council meeting detailing other effected services.

 

5.   Resolves to write to the Minister for Family and Community Services and the Premier of NSW expressing Council's strong opposition to the defunding of this service and calling on the government to reconsider its decision to defund the Liverpool Youth Refugee and all other effected services in Liverpool LGA; noting this motion.

 

6.   To show Council's commitment to this service provide a one off grant of $50, 000 from the Councillor reserve to assist the Liverpool Youth Refuge provide services for the youth of Liverpool if the NSW Government reconsiders its decision and decides to fund the service.

 

7.    Write to all local members of Parliament in the Liverpool area seeking their support to lobby Minister and Premier to reconsider this decision.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

The Mayor and Group Manager, Economy and Engagement met with representatives of the Liverpool Youth Refuge on July 11, 2014. The Refuge representatives expressed their disappointment about the pending closure of the service as a result of the consortium covering the operations of the Mount Pritchard facility not winning a tender under the NSW Government's Going Home Staying Home reform initiative. However, I am advised that the representatives of the Refuge indicated that the facility would be closing and that only a recurrent funding solution from the NSW Government would allow them to continue to operate. The Refuge operators believed this to be extremely unlikely.

 

A letter to the Minister for Family and Community Services has been sent by the Mayor expressing concern about the loss of the service. A letter to the Refuge thanking them for their 27 years of service to the Liverpool area has also been sent.

 

The results of the tendering process for the Going Home Staying Home reform are known. A fact sheet from the NSW Government on successful services to South West Sydney and the rationale for reforming specialist homelessness services is attached as information. There are organisations servicing Liverpool who have gained funding and others that have been unsuccessful. The fact sheet cites a 2% increase in funding for homelessness services in South West Sydney.

 

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 community organisations, groups and volunteers to deliver coordinated services to the community.

 

Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

South Western Sydney SHS Tender Outcome factsheet

  


83

NOM 02

Youth Homeless Services in Liverpool

Attachment 1

South Western Sydney SHS Tender Outcome factsheet

 


 


 


 


 


 


89

Ordinary Meeting 30 July 2014

Notices of Motion

 

NOM 03

Liquor Related Development Applications

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

164468.2014

Author

Peter Harle  - Councillor

 

 

Background

 

Council is once again confronted with a controversial liquor related DA (1454/2013) for a large late trading pub with possibly 30 poker machines in the relatively quiet and peaceful Casula community. It has already attracted an unprecedented level of media attention and objections in part as a result of its proximity to a large primary school, other vulnerable communities and the known harms and risks associated with providing alcohol as late as 3.00 am.

 

http://www.abc.net.au/news/2014-05-18/casula-residents-fight-plan-for-late-night-pub/5460774

 

The Macarthur Tavern which is understood to be also owned by the proponent (De Angelis hotel group) was recently listed by the NSW government as the equal most violent licensed premise in NSW.

 

In considering all DAs, especially such controversial DAs as the one immediately above, it is essential that all Councillors have before them both the full broad range of evidence and material relating to the likely social impact of the proposed development, and, the correct legal advice on the scope of their consideration of all relevant aspects impacting upon their determination.

 

Being in possession of all such supporting material from both the proponent and the objectors in conjunction with ensuring the Councillors are fully aware of all the (legal) parameters they have in determining applications, will reduce the grounds of appeal of any consequential DA determination and potential costs to Liverpool ratepayers.

 

Notwithstanding Council’s Dan Murphy’s Moorebank 2013 decision, on 15 May 2014, Council advised the Alcohol Community Action Project (ACAP) that the consideration of the impact of alcohol in a DA was a matter for “OLGR” (Office of Liquor, Gaming and Racing) i.e. the NSW government. In fact, the Independent Liquor and Gaming Authority (ILGA), not OLGR, determine liquor licenses in NSW.

 

ILGA has made a number of references to the important role of NSW Local Government in preventing alcohol related harms through proper planning and approval processes. See for example pp 6, 7 and 11 of their submission to the review of the NSW Liquor Act http://www.olgr.nsw.gov.au/pdfs/submissions/liquor/104.pdf .

 

This Council advice to ACAP and the possible significant alcohol and gambling risks of the Hotel DA were subject to unprecedented attention by both Houses of NSW Parliament in late June 2014 (Dr Andrew McDonald 17/6 – Dr John Kaye 18/6 – see attached).

 

http://www.dailytelegraph.com.au/newslocal/south-west/upper-house-slams-planned-hotel-in-casula-as-greens-fight-to-stop-pokies-near-school/story-fngr8hxh-1226974990225

 

The following proposed NOMs are intended to ensure that all Councillors (and their constituents) retain the essential confidence that they can determine all liquor related DAs on behalf of local communities, to the full legal extent provided them and that they have all the relevant information before them in determining the specific Casula Hotel DA.

 

Obtaining the following requested advice will also assist Councillors discharge their due diligence obligations.

 

financial implications

 

The request to the CEO of ILGA for advice should be of no cost to the Council.

 

Enhancing Council’s due diligence with respect to the correct consideration of liquor related DAs and similar matters with the full range of evidence and information may reduce the risk of costly court appeals.

 

The cost to Councils and local communities of alcohol and gambling harms is immense in NSW with the NSW Auditor General in 2013 estimating the total (including social) costs of the oversupply and misuse of alcohol in NSW was near $4B pa with only a small proportion of these costs being recovered from the liquor industry.

 

NOTICE OF MOTION

 

1.   In order for Councillors to meet their due diligence and statutory obligations, Council and IHAP suspend consideration of DA (1454/2013) – Hume Hwy Hotel Casula until it obtains and provides Councillors with:

 

a)   Independent advice from the CEO of ILGA as to the capacity/obligations Councils have to consider the social impacts of liquor related developments. Is the consideration of the general social impact of liquor related DAs and s96 amendments the sole prerogative of OLGR or ILGA?

 

b)   Information from Police on the legal compliance record for all De Angelis group hotels, the number of alcohol reported incidents within each hotel and the number and type of alcohol related incidents that are linked to the hotels’ patrons after they leave those licensed premises (contained in COPS linking data).

 

c)   Advice from FACS as to their intentions for the ongoing provision of emergency/crisis public accommodation provided on site at the Fontainebleau Motel (or elsewhere) – location of the proposed Hume Hwy hotel.

 

d)   Advice from the owner and Council of the intended use of the heritage important Commercial Hotel – Liverpool if their liquor and poker machine licensees were to be removed to the proposed Hume Hwy hotel.

 

2.   Council notes that the substantial disproportionate negative social impact the introduction and operation of poker and other gambling machines can have on especially socially disadvantaged communities including migrants and person with English as a Second Language (ESL). In particular, that Liverpool LGA pub poker machines have the highest rate of return (losses to community) before tax in NSW (OLGR) and neighbouring Fairfield LGA has the worst rate of gambling losses in NSW.

 

To address this problem Council:

 

a)   Requests the NSW Premier to repeal s209 of the NSW Gaming Machines Act 2001 that precludes Councils from considering the social impact of poker machines imposed upon local communities when determining DA’s and related matters

 

b)   Requests the NSW Premier to provide local government (that is closest to local communities) the planning powers to consider and determine all aspects of the provision of poker machines and other gambling devices in their LGAs, and notes that this request is consistent with Goal “32” of the NSW State Plan 2021 “Increase the opportunity for people to participate in the way government makes decisions….. devolve decision making as close to the people and places affected by decisions”…

 

c)   Requests Local Government NSW (formerly the Local Government and Shires Associations of NSW (LGSA) to circulate this motion with a supportive discussion paper to all other Councils to gauge their level of support and response.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

Due to the complex nature of this NOM, a full response cannot be provided in time to meet the printing deadline for business papers. A full response will be compiled and circulated at the Council meeting. 

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

Support policies and plans that prevent crime.

Preserve and maintain heritage, both landscape and cultural as urban development takes place.

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

 

 

ATTACHMENTS

 

1.View

Speech by Dr Andrew McDonald Hansard 17 June 2014

  


93

NOM 03

Liquor Related Development Applications

Attachment 1

Speech by Dr Andrew McDonald Hansard 17 June 2014

 


 


95

Ordinary Meeting 30 July 2014

Notices of Motion

 

NOM 04

Council Committees

 

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

164537.2014

Author

Geoff Shelton - Councillor

 

 

Background

 

Given:

 

1.   In 2013 the charters of a number of Council's committees were amended to reduce the number of councillors required to attend in order quorums might be more readily achieved,

 

2.   Attendance by councillors in committees in any event has been historically low over a long period of time (for example the No intermodal Committee has on several occasions since its inception failed to achieve a quorum, and it has been almost a year since the Ethics and Audit Committee has met),

 

3.   The 'Master Plan Steering Committee' purported to meet on 4 November 2013 after approximately one hour's notice had been given to councillors, in admitted breach of Reg 262 of the Local Government (General) Regulation, 2005 (refer QWN in the November 2013 meeting agenda),

 

4.   In its meeting of 3 June 2014 the Master Plan Steering Committee purported to amend its charter to remove the word 'Councillors' and replace it with 'Members'  again with the effect of inhibiting the dissemination of information to councillors,

 

5.   The precedent of committees purporting to meet and transact business without an adopted charter has blithely been set, and

 

6.   The important role of committees as an expression of the democratic values of Council,

 

7.   The following motion is proposed.                   

 

 

 

NOTICE OF MOTION

 

That the charters of all committees of Council be amended such that all Councillors are members of each committee.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

Clause 260 of the Local Government (General) Regulation 2005 deals with Council Committees and states:   

 

1.   A council may, by resolution, establish such committees as it considers necessary.

 

2.   A committee is to consist of the mayor and such other councillors as are elected by the councillors or appointed by the council.

 

3.   The quorum for a meeting of a committee is to be:

 

a)   Such number of members as the council decides, or

b)   If the council has not decided a number-a majority of the members of the committee.

 

Traditionally, a report is submitted to Council each September to nominate its representatives on its Committees.

 

Councillors are at liberty to amend the Charters of Committees to reflect quorum requirements.

 

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

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

 

ATTACHMENTS

 

Nil


97

Ordinary Meeting 30 July 2014

Notices of Motion

 

NOM 05

Quota 50th Birthday July 2014 Presentation by Councillors

 

Strategic Direction

Healthy Inclusive  City

Improve health and wellbeing and encourage a happy, active community

Key Policy

NA

File Ref

164592.2014

Author

Anne Stanley - Councillor

 

 

Background

 

Presentation by Councillors

 

I attended with my colleagues Mayor Mannoun, and Councillors Harle and Waller, the 50th Birthday Celebration of the Quota Club of Liverpool and the installation of the new Board for 2014/15. Liverpool is fortunate to have several different service clubs such as Quota assisting with our community.

 

Quota Club of Liverpool was formed on 18th July 1964 by business women within our community. To celebrate 50 years of service to Liverpool there was a pictorial presentations and a brief history of the Club provided to the attendees highlighting the many achievements of the club over that time. There is not enough room to list in this report the many and varied accomplishments of the Quota over the last 50 years or even in the last 12 months, but they are varied and many. They are tireless workers for their community.

 

What was evident from the history is just how much difference the club has made over its fifty years. In fact I realised that personally my family had benefitted from the selfless service by the club. I know how much the ladies made a difference to my Mum with their nursing home visits. In the last year they have made monetary donations to 18 different causes, as well as volunteering to provide breakfast for school children who would otherwise start their school day without breakfast and organising fundraising barbeques and much more. Each year they sponsor a public speaking competition where the winners then go on to represent their district at the NSW finals. The winner for 2014 was Glynn Megarrity of All Saints College and he will be representing Liverpool District in August in Batemans Bay.

 

The Club was honoured with an order of Liverpool Award in 2012 which was so very well deserved. I congratulate and thank Quota for their service to Liverpool and its residents for the last 50 years and look forward to their continued support in the future.

 

 

The new Board that was installed at the Dinner is:

 

President                       Kerrie Oxlade

Vice Presidents             Heather Cox and Jeanette Jackson

Fundraising                   Elizabeth Habib

Secretary                      Lorraine Perry

Treasurer                      Donna Currant

 

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Notes the 50th Anniversary of the Quota Club of Liverpool on 18th July 2014.

 

2.   Acknowledges the club and its members over the last 50 years for their support of the people of Liverpool.

 

3.    Writes to the President to acknowledge this milestone, providing a copy of this report and motion.

 

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 community organisations, groups and volunteers to deliver coordinated services to the community.

Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil   


99

Ordinary Meeting 30 July 2014

Independent Hearing and Assessment Panel Report

 

IHAP 01

DA-790/2013 - Stage 2 development of a court approved masterplan in DA-394/2011 for a non-denominational cemetrary at 41 Greendale Road, Bringelly (Lot 5 DP 252040)

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

124503.2014

Report By

Shannon Rickersey - Senior Development Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

Lot 5 in DP 252040, 41 Greendale Road Bringelly

Owner

Mr A Sadik

Applicant

Modernity Pty Ltd

 

 

Executive Summary

 

Council has received and considered Development Application DA-790/2013, which seeks consent for Stage 2 development of court approved master plan in DA-394/2011 for a non-denominational cemetery.

 

The Development Application was publicly exhibited from 14 August 2013 to 13 September 2013.  A total of eleven submissions were received in relation to this application of which ten raised concerns with 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 IHAP Charter and Procedure. The Panel deferred the matter at the meeting and requested copies of court approved plans be provided to enable a complete and proper assessment of the application to be undertaken in respect to the proposed development. It is noted that the Land and Environment Court (LEC) judgement which granted consent to the Masterplan development requires Stage 2 to be developed in accordance with the Masterplan approval. On this basis, while the Panel were initially presented with the LEC Court Judgement and a number of court approved plans which were available to Council at the time; the Panel recommended that a full set of the court approved plans be obtained before a final recommendation is made to the proposal.

 

Following the receipt of the full architectural plans forming part of the Court approval, the Development Application was again considered at IHAP on 26 May 2014. The Panel requested that the applicant provide additional details to Council in regards to landscaping, floor levels, fencing and rain water tanks; prior to the application being referred to Council for determination.

 

Council officers have reviewed the additional information and are satisfied that all outstanding matters have been adequately assessed. It is therefore recommended that Development Application DA-790/2013 should be approved subject to conditions of consent.

 

 

RECOMMENDATION

 

That Council:

 

1.   Approves Development Application DA-790/2013 at 41 Greendale Road, Bringelly (Lot 5 DP 252040) for the Stage 2 development of the court approved master plan in DA-394/2011 for a non-denominational cemetery, subject to the recommended conditions of consent.

 

2.   Notifies in writing, the persons who made a submission with regard to the proposed development.

 

 

REPORT

 

The Site

The subject site is identified as Lot 5 DP 252040 being 41 Greendale Road, Bringelly. The site is currently occupied by a two storey brick residential dwelling, disused concrete pool, a number of sheds and dams.  The site is sporadically vegetated and a riparian corridor traverses the south western corner of the site with two smaller gully corridors intersecting the eastern boundary. The endemic vegetation that covers the site is identified as Cumberland Plain Woodland with the densest areas of vegetation located within the south western portion of the site around the riparian corridor, which contains an ephemeral stream.  There are three dams on site, two smaller dams in the south adjoining Greendale Road and a third larger dam at the rear in the north western corner of the property.  The site is identified as being bushfire prone land.  The site is identified in Figure 1.

 

Subject Site

 

Figure 1: Aerial view of site.

 

Background

Approval for the non-denominational cemetery was granted with conditions, following a hearing at the NSW Land and Environment Court on 9 January 2013. This approval granted consent to the concept proposal relating to the overall development and Stage 1 of the development only. The court approval contains a condition of consent stating that Stage 2 of the development cannot be carried out without further development approval.

 

The Proposal

The proposal seeks consent for Stage 2 of an approved master plan in DA-394/2011 for a non-denominational cemetery comprising of:

 

·    Burial plots comprising 6,474 double depth burial plots (12,948 internments), 1,542 low impact burial plots in tree protection zones, 4,722 urn burials under trees, 20,000 ash internments within columbarium poles and 5,100 ash internments under roses within a walled garden (total 44,312 internments);

·    Erection and operation of administrative facilities comprising funeral director's office, visitors centre, all-weather covered ceremonial space and chapel, cafe and toilets;

·    Erection and occupation of a caretaker's lodge including garage and maintenance shed;

·    Erection of columbarium poles with enclosed garden;

·    Erection of elevated and at grade nature walks / access paths;

·    Provision of car parking for 161 cars comprising 137 permanent hard surface spaces (inclusive of 4 disabled parking spaces) and 24 landscaped overflow spaces;

·    Erection of entry gates;

·    Widening of Greendale Road;

·    Ancillary drainage, landscaping and earthworks to facilitate water management; and

·    Signage adjacent to entry driveway.

 

The main issue for consideration with the current application is consistency with the Stage 1 court approval.

 

Zoning

The subject site is zoned RU1 Primary Production Zone under the Liverpool Local Environmental Plan 2008 (LLEP 2008).  An extract of the Liverpool Local Environmental Plan 2008 is provided in Figure 2.

 

Subject Site

 

Figure 2: Extract of LLEP Zoning map

 

Cemeteries are permissible with consent in the RU1 Zone and the use for the land as a cemetery was approved with the Stage 1 application. 

 

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 (EP&AA) 1979 has been undertaken and detailed in the Council officer’s planning report. The assessment has concluded that the proposal is consistent with the Stage 1 court approved master plan for the site.  The assessment report considered by the IHAP panel is attached to this report under separate cover (see Attachment 2).

 

Independent Hearing and Assessment Panel

The Development Application was considered at IHAP on 26 May 2014 having being previously deferred at the 7 April meeting where the Panel requested a complete set of the Court approved of the Stage 1 and master plan development.

 

The Panel on this occasion recommended that upon submission of information that addresses additional matters raised in the assessment, the application be referred to Council for determination.  The matters recommended to be addressed included:

 

 

1.   Relationship between existing ground and finished ground levels.

2.   Set out relative to boundaries.

3.   Detailed information on perimeter wall/gates and fences.

4.   Final location and size of underground water storage tank to be designed by an appropriately qualified person and details provided.

5.   Final location and size of waste water treatment facilities.

6.   An amended detailed landscape plan including species, numbers, sizes, location, specification, and outline of maintenance to ensure the successful implementation.

 

The applicant has provided a response to these items as follows:

 

1.   The relationship between the existing ground and finished ground levels is shown on the grading cut and fill plan (plan 11 of Stage 1 court approved plans).

2.   A Wall Set Out Plan has been submitted showing the location of structures relative to the boundaries.

3.   The applicant has provided additional fencing details on a revised Stage 1 plan (plan 8).  The fencing is to be constructed of a 1 metre high rural style fence with rabbit proof wiring.  Front gates are also to be of a rural style. 

4.   The location and size of water storage tanks were specified in the Stormwater Drainage Plan prepared by Martens that formed part of the Stage 1 court approved documents.

5.   The location and size of waste water treatment facilities were specified in the Groundwater Geotech, Wastewater and Salinity Assessment prepared by Martens that formed part of the Stage 1 court approved documents.  The final design for the system would be required prior to the issue of a Construction Certificate for this application.

6.   Amended landscaping plans and implementation and maintenance details have been provided.  An implementation watering period of 12 months is proposed.

 

The additional information provided by the applicant is attached to this report under separate cover (see Attachment 4).

 

This information has been reviewed as follows:

 

1.   The finished ground levels are shown on the Grading Cut and Fill Plan part of Stage 1 approval which is consistent with the finished floor levels on the plans submitted as part of Stage 2 of the development.

2.   The Wall Set Out Plan shows setbacks to boundaries consistent with the Stage 1 court approved plans.

3.   Fencing details along the perimeter and front gates are satisfactory. The Stage 1 court approved documentation noted that the columbarium walls in the garden area were to be at a height of 2 metres.  Condition 15 (b) of the court approved consent required that the maximum height of the columbarium walls is not to exceed RL 121.6.  Details of the external wall around the garden area on the Wall Set Out Plan show a height of between 3.6 metres to 7.1 metres without noting the RL height.  The landscaping plans show the amended gabion walls to height of RL 121.6 thus complying with this condition.  A draft condition requiring amended Wall Set Out Plans to be submitted to clarify the RL height of the external wall height on these plans to a height of RL 121.6, to comply with the court approved conditions, is included in the draft conditions of consent.

4.   Noted and correct.

5.   Noted and correct.

6.   The amended landscaping plan and implementation details have been reviewed by Council staff and a member of the Panel who’s expertise relates to landscape architecture.  The implementation period of 12 months is deemed to be inadequate and a new updated draft condition of consent requiring amended implementation details including a watering period of 3 years is included in the draft conditions of consent.

 

Conditions

A copy of the updated draft conditions of consent are attached to this report under separate cover (see Attachment 5).

 

Conclusion

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

 

CONSIDERATIONS

 

Economic and Financial

Facilitate economic development.

Environmental and Sustainability

Manage the environmental health of waterways.

Enhance the environmental performance of buildings and homes.

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

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Applicant details (Under separate cover)

2.View

IHAP report (Under separate cover)

3.View

IHAP recommendation  (Under separate cover)

4.View

Additional information (Under separate cover)

5.View

Revised conditions of consent (Under separate cover)

  


105

Ordinary Meeting 30 July 2014

Independent Hearing and Assessment Panel Report

 

IHAP 02

DA-105/2014 - Torrens title subdivision creating five lots at 54 Nineteenth Avenue, Hoxton Park

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

151287.2014

Report By

Ruth Bennett - Development Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

54 Nineteenth Avenue, Hoxton Park, Lot 536 DP 865435

Owner

LIVERPOOL CITY COUNCIL

Applicant

PROUST & GARDNER

 

 

Executive Summary

 

Council has received and considered Development Application DA-105/2014, which seeks consent for a Torrens title subdivision creating five lots at 54 Nineteenth Avenue, Hoxton Park.

 

The Development Application was referred to the Independent Hearing and Assessment Panel (IHAP) for consideration on 30 June 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 Hoxton Park area to provide for the creation of lots that are available for future low density residential development.

 

Council officers agree with the IHAP recommendation and it is therefore considered that Development Application DA-105/2014 be approved. 

 

RECOMMENDATION

 

That Council approves Development Application DA-105/2014 at 54 Nineteenth Avenue, Hoxton Park (Lot 536 in DP 865435), subject to the recommended conditions contained within Attachment 2 (under separate cover).

 

REPORT

 

The Site

The subject site is identified as Lot 536 in DP 865435, 54 Nineteenth Avenue, Hoxton Park.  It is located on the corner of Nineteenth Avenue and Wollomombi Way, Hoxton Park.  It is currently used as a community park.  The site has a site area of 1815m2, and is relatively flat in topography with an RL measuring 35.78 in the north-west of the lot to 34.25 in the south-east of the lot.

 

SUBJECT SITE

 

Figure 1: Aerial photograph of Site

 

The Locality

The site is located within the Hoxton Park area.  The area is characterised by low and medium density residential development to the north, west and south of the site.  To the east lies a public reserve and drainage reserve.

 

The Proposal

The development application seeks consent for the subdivision of Lot 536 DP 865435 to create five (5) residential lots.

 

Specific components of the proposal are outlined in detail below:

 

·    Torrens title subdivision to create five residential lots.

 

The residential lots range in area between 334sqm to 396sqm.  Details of the lot numbers, size and width are provided below.

 

PROPOSED LOT NO.

Area (sqm)

Width (m)

1

334

12.0

2

354

12.0

3

374

10.03

4

396

11.43 and splay 6.4

5

356

15.96

 

An extract of the proposed plan of subdivision is provided in Figure 5 below.

 

Figure 2: Extract of proposed subdivision plan

 

Zoning

The subject site is zoned R2 Low Density under the provisions of Liverpool Local Environmental Plan 2008 (LLEP 2008).

 

SUBJECT SITE

 

Figure 3: Extract from 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 application is made on behalf of Council and Council has a pecuniary interest in the development.

 

The panel has concurred with the recommendations made in the Officer’s report.

 

Conditions

A copy of the draft conditions of consent and recommendations made by IHAP are attached to this report under separate cover (see Attachments 2 and 3).

 

CONSIDERATIONS

 

Economic and Financial

Facilitate economic development.

 

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.

 

 

ATTACHMENTS

 

1.View

Applicant details (Under separate cover)

2.View

IHAP report (Under separate cover)

3.View

IHAP recommendation (Under separate cover)

  


110

Ordinary Meeting 30 July 2014

Independent Hearing and Assessment Panel Report

 

IHAP 03

DA-1198/2013 - Partial demolition and alterations and additions to the existing dwelling; use of the dwelling as a child care centre; and installation of signage at 4 Bungarra Crescent, 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

151949.2014

Report By

Brendon Clendenning - Senior Development Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

Lot 52 DP 566849 - 4 Bungarra Crescent Chipping Norton

Owner

Mr Ozden Mustafa

Applicant

Mr Ozden Mustafa

 

 

Executive Summary

 

Council is in receipt of a Development Application proposing partial demolition of existing dwelling; alterations and additions to the existing dwelling; use of the dwelling as a child care centre; and installation of business identification signage at 4 Bungarra Crescent, Chipping Norton.

 

This application was referred to the Independent Hearing and Assessment Panel (IHAP) who recommended that the application be approved as per the Officer recommendation, subject to the imposition of additional conditions of consent relating to design, traffic management and landscaping.

 

The recommended conditions are considered to be appropriate and it therefore considered that the conditions be incorporated into the recommended conditions of consent.

 

 

 

 

 

 

RECOMMENDATION

 

That Council:

 

1.       Approve the application DA-1198/2013, subject to the recommended conditions attached to the IHAP Report and the following amendments to the Draft Determination Notice considered by IHAP:

 

Amend Draft Condition 1 to read as follows:

 

1.      Development the subject of this determination notice must be carried out strictly in accordance with Development Application No. DA-1198/2013 lodged on 24 October 2013 and accompanying plans and reports listed below and stamped DA-1198/2013, except where modified by the undermentioned conditions and amendments contained within this condition:

 

Description

Issue

Job No

Sheet

Date

Prepared By

DA01 - Cover Page, Site Analysis & Site/Roof Plan

B

13011

1 of 5

28 March 2014

De Angelis Taylor + Associates

DA02 - Ground Floor Plan & Sections

B

13011

2 of 5

28 March 2014

De Angelis Taylor + Associates

DA03 -Elevations & Street Elevation

B

13011

3 of 5

28 March 2014

De Angelis Taylor + Associates

DA04 - Demolition Plan & Earthworks Plan

B

13011

4 of 5

28 March 2014

De Angelis Taylor + Associates

L-01 - Landscape Plan

B

3442b

 

24 March 2014

Ray Fuggle Associates

Exterior Finishes Schedule

C

13011

-

n.d.

De Angelis Taylor + Associates

Childcare Centre Noise Assessment

-

20130747.1

-

26 August 2013

Acoustic Logic

 

          The following design amendments are required:

·    A minimum of 50% of the rear yard marked on the approved landscape plan as “turf, artificial turf or wetpour rubber”, is to be comprised of permeable landscaping. This shall be situated in such a manner as to ensure the viability of the trees to be retained.

·    The two Pyrus Calleryana provided within the front setback shall be planted with a pot size of 200L.

 

 

 

 

·    Horizontal sunhoods shall be located above the front windows to the rooms marked as Foyer, Admin and Staff Room. There are to be two continuous sunhoods: one over the windows between the Foyer and the Admin room, and one over all three windows to the Staff Room. The sunhoods are to project one metre from the front wall.

·    The proposed front wall sign shall be located below the first sunhood described above.

 

Amend Draft Condition 129 to read as follows:

 

129.    The applicant is to prepare and implement an Operational Traffic Management Plan (OTMP). The OTMP shall incorporate the following:

 

·    Strategies for information advising parents and care givers of preferred route to the child care centre and the time for pick-up and drop-off, having regard to the Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated October 2013, and having regard for the peak periods of vehicle movement for nearby schools.

·    Strategies for minimising potential queuing when parents drop off and pick up children.

 

The OTMP shall be implemented on an ongoing basis.

 

 

REPORT

 

Background

 

Council has received and considered a development application proposing partial demolition of the existing dwelling; alterations and additions to the existing dwelling; use of the dwelling as a child care centre; and installation of business identification signage at 4 Bungarra Crescent, Chipping Norton.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration, and is now referred to Council for consideration and determination, as the proposal has received 12 objections.

 

At their meeting on 30 June 2014, IHAP made the following recommendations:

 

“The Panel recommends additional conditions relating to the front façade of the proposed building and to landscaping.

 

The drawings submitted should be amended to reflect the following conditions:

 

 

 

 

Design changes

Horizontal sunhoods should be located above the front windows to the entry of the office, admin and staff room. These are to be continuous sunhoods linking the windows between the entry and the admin and a second sun hood linking the three windows to the staff room. They are to project approximately one metre. The proposed sign should be located below the sunhood and between the windows to the entry and the office.

 

Traffic Management

Operational traffic management plan shall be inserted in section F of conditions relating to use, such that interaction with the long day care childcare use and the adjacent schools should be minimised. The plan should minimise potential queuing when parents drop off and pick up children.

 

Landscaping

The proposed trees to the front boundary are to be a minimum (pot size) of 200 litre with a clear stem of two metres so as to ensure clear site lines and provide an appropriate amenity. The soft fall or artificial turf proposed should be a permeable surface to ensure the retention of the existing trees”.

 

The Proposal

 

The Development Application proposes the following:

 

·    Demolition of the majority of the existing dwelling, include the outbuilding located on the east of the site.

·    Construction of a single storey child care centre to cater for 28 children and three staff, with hours from 7:00am-6:00pm, Monday to Friday.

·    Provision of a total of six parking spaces including:

4 at the east of the site, including a stacked parking space

2 at the front of the site including an accessible parking space.

·    Construction of a second vehicular crossing to enable vehicles to enter and exit in a forward direction.

·    Provision of a Perspex return over the rear fence to address acoustic impacts of the proposal.

 

The Site

 

The subject site is known as Lot 52 DP 566849, Chipping Norton and has an area of 815.5m2.The site is accessible from Bungarra Crescent and currently contains a detached single storey dweling.

 

Subject Site

 

Figure 1 Aerial image of the subject site

 

Consideration of IHAP Recommendation

 

An assessment of each of the matters raised in the IHAP recommendation has been undertaken, and is provided below.

 

Design changes

 

Section 2.7 of Part 3.8 of the Liverpool Development Control Plan 2008 (LDCP 2008), Non-residential Development in Residential Zones, requires new child care centres to enhance the character of the neighbourhood, and to add visual interest to the street.

 

Similarly, State Environmental Planning Policy 64 - Advertising and Signage requires signage to be consistent with the character of the area, the streetscape, and the building to which it relates.

 

The recommended additional condition will improve the capacity of the proposal to meet the objectives described above, with little impact on the functionality of the proposed development. Therefore, the additional condition is considered warranted.

 

Note:   The plans indicate that the ‘entry’ is an outdoor landing providing adjacent to the area marked as ‘foyer’. The area marked as ‘entry’ does not contain any windows. Similarly, there is no area marked on the plans as an ‘office’. To avoid confusion, it is recommended that the description of the window locations, be modified to reflect the room names shown on the plans.

 

Traffic Management

 

The recommended condition is similar to Draft Condition 129 recommended by Council Officers, which is reproduced below:

 

“The applicant is to prepare and implement operational traffic management strategies in advising parents and care givers of preferred route to the child care centre and the time for pick-up and drop-off, having regard to the Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated October 2013”.

 

This condition may be amended to incorporate the IHAP recommendation such that the condition reads as follows:

 

“The applicant is to prepare and implement an Operational Traffic Management Plan (OTMP). The OTMP shall incorporate the following:

 

·     Strategies for information advising parents and care givers of preferred route to the child care centre and the time for pick-up and drop-off, having regard to the Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated October 2013, and having regard for the peak periods of vehicle movement for nearby schools.

·     Strategies for minimising potential queuing when parents drop off and pick up children.

 

The OTMP shall be implemented on an ongoing basis”.

 

The original draft condition was imposed in order to minimise traffic and parking impacts in the locality. The amended condition requires the applicant to consider additional matters within an OTMP, which would further assist in minimising traffic and parking impacts in the locality. In this regard, the amended condition is considered to be appropriate.

 

Landscaping

 

Section 2.7 of Part 3.8 of the LDCP 2008, Non-residential Development in Residential Zones, requires consideration to be given to landscaping provided at childcare centres within residential areas. The LDCP 2008 requires the setback areas to be utilised for canopy tree planting and for all development to include canopy trees that will achieve a minimum 8m height at maturity.

 

The landscape plan indicates that the two Pyrus Calleryana are to be provided at the front of the property, with a minimum pot size of 35L and a mature height of 10m. However, a 35L tree will be relatively small when initially planted. The provision of a 200L pot size tree will ensure that the tree is of a substantial size from the commencement of the use of the childcare centre.

 

The proposal does not comply with the LDCP requirement for 50% of the front setback to be landscaped, and provides for approximately 24% of the landscaped area at the front of the site. The applicant has demonstrated that compliance with this requirement would be unable to be achieved without a reduction in the provision of parking. The provision of mature trees from the commencement of the operation of the use would improve the landscape outcome for the site, and for this reason, this increase in the size of the trees is appropriate and may be incorporated into the recommended conditions of consent contained within the IHAP report.

 

Conclusion

 

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

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.

Social and Cultural

There are no civic social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

IHAP Report for DA-1198/2013  (Under separate cover)

2.View

IHAP Recommendation for DA-1198/2013  (Under separate cover)

   


117

Ordinary Meeting 30 July 2014

Development Application Determination Report

 

DAD 01

Modification to Development Consent No.693/2009 at 320-400 Badgerys Creek Road, Badgerys Creek (Lot 1 DP 1188956)

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

140655.2014

Report By

Brendon Clendenning - Senior Development Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

320-400 Badgerys Creek Road, Badgerys Creek - Lot 1 DP 1188956

Owner

MISS M A ELFORD

MR A ABDUL-RAHMAN

Applicant

Elford Group Pty Ltd

 

 

Executive Summary

 

Council is in receipt of a modification application which has been made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, which seeks to modify Development Consent DA-693/2009.

 

Development Consent was granted by Council on 2 September 2009, for operation of an extractive industry (shale quarry) and materials resource recovery facility to run concurrently at Lot 1 DP 1188956, 320-400 Badgerys Creek Road, Badgerys Creek. A subsequent Section 96(2) modification was approved under delegated authority on 16 February 2011 to rectify minor errors in Conditions 10 and 133 and to delete Conditions 121 and 193.

 

The Section 96(2) modification seeks to enable the stockpiling of screened soil at the site and to use the material in the construction of bunds, acoustic barriers and for other land profiling purposes, which would then be used as landfill in the resource recovery facility. The modification also seeks to modify Condition 9 such that an Environmental Protection License is required prior to the issue of an Occupation Certificate rather than prior to the issue of a Construction Certificate.

 

The approved development is classified as Designated Development pursuant to Clause 19 and Clause 32 of Part 1 of Schedule 3 of the Environmental Planning and Assessment Act Regulation 2000, and as Integrated Development, which requires approval from the NSW Environment Protection Authority pursuant to the Protection of the Environment Operations Act 1997, the Department of Trade and Investment (Resources and Energy) pursuant to the Mining Act 1992 , and the NSW Office of Water pursuant to the Water Management Act 2000.

 

The application has been considered pursuant to Section 96 of the Environmental Planning and Assessment Act 1979 and it has been determined that the modification will result in substantially the same development as that to which consent was originally granted. Assessment of the application has been undertaken which 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.

 

 

RECOMMENDATION

 

That Council approve the application to modify DA-693/2009 at 320-400 Badgerys Creek Road, Badgerys Creek (Lot 1 DP 1188956), pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 in the following way:

 

A.        New Condition 1A is added to Development Consent No. DA-693/2009 to read as follows:

 

1A.      Consent is granted for the receipt and stockpiling of screened soil to be used in accordance with the requirements of the Sydney Trains Screened Soil Exemption dated February 2014, or a more recent version, as updated by the EPA. The use of the material is subject to the following:

 

i.      Screened soil must only be used to construct acoustic berms, in accordance with Condition 124 and Condition 125, and to construct visual berms adjacent to the eastern boundary of the site.

ii.     Notwithstanding (i) berms must be finished as indicated within the approved documentation outlined within Condition 1, including the Landscape Plan.

iii.    Measures for controlling the growth of noxious weeds must be implemented in the stockpile locations.

iv.   The quantity of screened soil accepted on site must not exceed 85,000 tonnes.

v.    The material must be stockpiled within the location of proposed Pit 5, and at no time shall exceed 10m in height, or 85m in length.

vi.   The screened soil must be stored in separate stockpiles of a maximum height of 3 meters.

vii.  The storage of screened soil must be carried out in a manner which minimises or prevents the emission of dust from the premises.

viii. The construction of acoustic and visual berms must be carried out in a manner which minimises or prevents the emission of dust from the premises.

 

 

ix.   Any unused material must be either transported off site to an industrial site authorised to receive the waste as per the resource recovery exemption, or subsequently applied to land as waste, with any required appropriate levy paid.

 

B.        Condition 9 is deleted from Development Consent No. DA-693/2009.

 

C.        Condition 119 is added to Development Consent No. DA-693/2009.

 

119A.   Prior to the issue of an Occupation Certificate, an Environmental Protection License must be obtained from the NSW Environmental Protection Authority. A copy of the Environmental Protection License must be provided to Council.

 

119A.   Prior to the issue of an Occupation Certificate, an Environmental Protection License must be obtained from the NSW Environmental Protection Authority. A copy of the Environmental Protection License must be provided to Council.

 

 

 

REPORT

 

1.       The Site

 

(i)         The subject land was identified as Lot 1 DP 576709, Lot 2 DP 576709, Lot 3 DP 576709 at the time of approval. These lots have since been consolidated and the subject site is now identified as Lot 1 DP 1188956. The address of the property is 320-400 Badgerys Creek Road, Badgerys Creek. The site is irregular in shape with a frontage of approximately 689m to Badgery’s Creek Road. The site has an area of 39.91 hectares.

 

An aerial photograph of the site is illustrated in Figure 1. 

 

Subject Land

 

 
 

Figure 1 Aerial Photograph of the subject site

 

 

 

The southern boundary of the site is approximately 766m in length, whilst a creek line defines the northern boundary of the site. The site slopes west to east at a moderate grade. The area generally adjacent to the creek is densely vegetated comprised primarily of Cumberland Plain Woodland.

 

2.       Background

 

(ii)        A development application (DA2000/2003) was lodged on 10 April 2003 for an extractive industry (clay and shale) and the operation of a waste management facility which would accept both inert materials and general solid waste.

(iii)      

(iv)       The development application was ultimately refused due to insufficient information and documentation being submitted to address the concerns raised by numerous authorities who consequently were not able to issue General Terms of Approval.

 

In this regard, and given concurrence was not provided, DA2000/2003 was refused.

 

2.1       Approved Application

 

DA-693/2009 was approved for the operation of a shale quarry and demolition materials recovery facility at the site. The proposed development consists of three stages:

 

·    STAGE 1 - Site establishment and construction: 3 -6 months

·    STAGE 2 – Resources extraction and material sorting operations: 23-26 years

·    STAGE 3 – Rehabilitation following excavation of the final pit: 2-3 years.

 

The stages are summarised below:

 

2.1.1      Stage 1 - Site establishment and construction

 

Stage 1 involves the construction of required infrastructure and establishing the site for the proposed activities. Activities undertaken at this stage include:

 

·    Construction of a new entrance, internal road system, installation of a weighbridge;

·    Construction of hard stand areas and storage bays;

·    Erection of site buildings including demountable office and amenities block as well as the construction of a machinery shed;

·    Construction of earthern mounds to a height of 5 metres which will be located on the boundary between site activities and adjacent properties;

·    Construction of a sedimentation dam; and

·    Vegetation within the areas to be extracted would be cleared prior to the excavation of each quarry pit, concurrent with mound construction.

 

Figure 2 Primary Development Activities (extracted from Environmental Impact Statement prepared by Benbow Environmental)

 

2.1.2      Stage 2 - Resources extraction and material sorting operations

 

Primary development activities for the development are resource extraction and demolition materials recovery which will be carried out concurrently on the site, as follows:

 

Resource extraction

 

The extraction of shale and sandstone is carried out through a series of open cut pits. Shale will be excavated progressively from north to the south, from Pit 1 to Pit 6 (as illustrated in the proposed site layout plan). The total volume of resources to be extracted is estimated at 2 million cubic metres. A maximum 150,000 tonnes will be extracted each year. Estimated resource volumes, quantities and extraction time are outlined in Table 1 below:

 

EXTRACTION PIT

RESOURCE VOLUME (m³)

RESOURCE QUANTITY (t)

ESTIMATED EXTRACTION TIME (years)

1

298,215

596,000

4

2

374,250

742,500

5

3

389,610

779,220

5

4

178,740

357,480

2.5

5

208,305

416,610

3

6

256,500

513,000

3.5

Table 1: Estimated resource volumes, quantities and extraction time (extract from Environmental Impact Statement prepared by Benbow Environmental)

 

Several types of machinery will be required to excavate geological resources. An indication of machinery used is presented in Table 2 below:

 

Rock Mass Classification

Minimum Machinery Required

Residual Soil

Hydraulic excavator, bulldozer blade and bucket

Class V Shale

Hydraulic excavator

Class IV Shale

Hydraulic excavator

Class III Shale

Excavator with rock breaker

Class II Shale/Class III Sandstone

Caterpillar, D8 Dozer or equivalent with ripping tyne

Table 2: Excavation methods and typical machinery required (extract from Environmental Impact Statement prepared by Benbow Environmental)

 

The excavator will load extracted material directly into bogies trucks and dog trailers for delivery to market facilities off site. If deemed necessary, rocks, specifically sandstone, may require crushing on site. Under these circumstances, resource material would be transported to the stock pile area located in the south eastern corner of the site for processing. 

 

Demolition Materials Recovery

 

Inert demolition material will be brought onto the site once operations commence. Inert demolition materials include; concrete, bricks, steel, glass and Virgin Excavated Natural Material (VENM). No organic material, hazardous or putrescibles waste will be accepted on site.

 

Acceptable wastes associated with demolition include:

 

·    Glass, plastic, rubber, plasterboard, ceramics, bricks, concrete or metal;

·    Paper or cardboard;

·    Wood waste;

·    Building cavity dust waste from residential premises or educational or childcare centre institutions;

·    Synthetic fibre waste;

·    VENM;

·    Asphalt waste from road construction;

 

Wastes which will not be accepted on site for rehabilitation include:

 

·    Green waste (garden wastes)

·    Special waste such as asbestos and waste tyres

·    Liquid waste

·    Hazardous waste

·    General putrescibles solid waste i.e. household and general waste, food wastes etc

 

A maximum of 168,000 tonnes per year of inert waste brought from demolition sites will be sorted into recyclable and non-recyclable material. Demolition material which can be recovered will be sold to the construction industry. It is anticipated that this would comprise approximately 12,000 tonnes per year of timber/wood products. Non-recyclable material would be crushed and utilised to fill and rehabilitate exhausted quarries.

 

Throughout the development, excavation and material sorting operations will take place simultaneously, noting that Pit 1 will not be filled within inert material until it has been wholly excavated. During the first 4 years of development as the first pit is quarried, waste will be accepted on site but quantities will be limited.

 

2.1.3      Stage 3 - Rehabilitation

 

Rehabilitation will be undertaken in two phases. The first phase involves filling excavated quarries with inert material. After extraction has been completed from each pit, the pits are to be lined with a clay liner at the base of the pit and potentially the pit walls. The upper 5 metres of each pit will then be compacted to 98% to enable final reuse of the site in the future. Earthen mounds will be removed and utilised for top soil for the site.

 

The site is to be finally rehabilitated to its original topography and revegetated with native grasses for soil stability. Details of site rehabilitation will be provided in a Rehabilitation Plan to ensure the site is suitable for future use.

 

2.2       Previous Section 96 Application

 

On 16 February 2011 Council approved an application for changes to various conditions. The application enabled the following changes:

·    Contribution to be paid during the operations, rather than prior to the issue of a Construction Certificate

·    Removal of requirement for road construction.

·    Removal of requirement of lot consolidation, were consolidated at the time.

·    Removal of depth restriction on excavator and front end loader.

 

3.       The Proposal

 

An application has been made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 which seeks to modify Development Consent DA-693/2009. The proposed modification is summarised within Figure 3

 

Figure 3 Excerpt from Statement of Environmental Effects describing proposed modification

 

4.       Legislative Framework:

 

4.1       Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000

 

4.1.1    Designated Development

 

The proposed development is identified as Designated Development pursuant to Clause 77A of the Environmental Planning and Assessment Act 1979 and Schedule 3 of the Environmental Planning and Assessment Regulation 2000.

 

Clause 19 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000 prescribes:

 

Clause 19 Extractive industries

 

 (1)       Extractive industries (being industries that obtain extractive materials by methods including excavating, dredging, tunnelling or quarrying or that store, stockpile or process extractive materials by methods including washing, crushing, sawing or separating):

(a)        that obtain or process for sale, or reuse, more than 30,000 cubic metres of extractive material per year, or

(b)        that disturb or will disturb a total surface area of more than 2 hectares of land by:

(i)           clearing or excavating, or

(ii)          constructing dams, ponds, drains, roads or conveyors, or

(iii)         storing or depositing overburden, extractive material or tailings, or

(c)  that are located:

(i)           in or within 40 metres of a natural waterbody, wetland or a environmentally sensitive area, or

(ii)          within 200 metres of a coastline, or

(iii)         in an area of contaminated soil or acid sulphate soil, or

(iv)         on land that slopes at more than 18 degrees to the horizontal, or

(v)          if involving blasting, within 1,000 metres of a residential zone or within 500 metres of a dwelling not associated with the development, or

(vi)          within 500 metres of the site of another extractive industry that has      operated during the last 5 years.

 

The extractive industry component of the development application is classified as Designated Development in that:

 

·    Approximately 150,000 tonnes will be extracted each year which is in excess of the minimum 30,000 cubic metres;

·    More then 2 hectares of the site will be disturbed during the development. The 6 extractive pits proposed total approximately 19 hectares;

·    The site is within 40 metres of a waterbody (i.e. Badgery’s Creek); and

·    The subject site is identified to contain Environmentally Significant Land.

 

Clause 32 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000 prescribes:

 

Clause 32 Waste management facilities or works

 

(1)        Waste management facilities or works that store, treat, purify or dispose of waste or sort, process, recycle, recover, use or reuse material from waste and:

(a)        that dispose (by landfilling, incinerating, storing, placing or other means) of solid or liquid waste:

(i)         that includes any substance classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste, or

(ii)         that comprises more than 100,000 tonnes of “clean fill” (such as soil, sand, gravel, bricks or other excavated or hard material) in a manner that, in the opinion of the consent authority, is likely to cause significant impacts on drainage or flooding, or

(iii)        that comprises more than 1,000 tonnes per year of sludge or effluent, or

(iv)       that comprises more than 200 tonnes per year of other waste material, or

 

(b)           that sort, consolidate or temporarily store waste at transfer stations or materials recycling facilities for transfer to another site for final disposal, permanent storage, reprocessing, recycling, use or reuse and:

(i)         that handle substances classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste, or

(ii)        that have an intended handling capacity of more than 10,000 tonnes per year of waste containing food or livestock, agricultural or food processing industries waste or similar substances, or

(iii)       that have an intended handling capacity of more than 30,000 tonnes per year of waste such as glass, plastic, paper, wood, metal, rubber or building demolition material, or

(c)           that purify, recover, reprocess or process more than 5,000 tonnes per year of solid or liquid organic materials, or

(d)           that are located:

(i)         in or within 100 metres of a natural waterbody, wetland, coastal dune field or environmentally sensitive area, or

(ii)        in an area of high watertable, highly permeable soils, acid sulphate, sodic or saline soils, or

(iii)       within a drinking water catchment, or

(iv)        within a catchment of an estuary where the entrance to the sea is intermittently open, or

(v)        on a floodplain, or

(vi)        within 500 metres of a residential zone or 250 metres of a dwelling not associated with the development and, in the opinion of the consent authority, having regard to topography and local meteorological conditions, are likely to significantly affect the amenity of the neighbourhood by reason of noise, visual impacts, air pollution (including odour, smoke, fumes or dust), vermin or traffic.

 

The material resource recovery component of the development is considered Designated Development due to the following:

 

·    The facility would have a handling capacity that is concurrent with the rate of extraction – 168,000 tonnes per annum (i.e. in excess of 30,000 tonnes per annum);

·    The facility would process more than 5,000 tonnes per year of solid materials;

·    The subject site is within 100m of a natural waterbody (i.e. Badgery’s Creek);

·    The development is in an area of high water table; and

·    The development is within 250m of a dwelling not associated with the development.

 

Given the approved development is Designated Development, an Environmental Impact Statement (EIS) was submitted in conjunction with the approved development application, in accordance with Clause 112 of the Act and Clause 230 of the Regulations. The original assessment report considered the following specific environmental impacts with respect to the construction and operation of the quarry and materials resource recovery facility. These specific identified environmental impacts were:

 

1.         Acoustic amenity;

2.         Air quality;

3.         Visual amenity;

4.         Water quality;

5.         Traffic generation;

6.         Waste generation and management;

7.         Cultural heritage; and

8.         Flora and fauna.

 

The purpose of the EIS accompanying the development application was to identify and quantify these impacts and to assess their significance. There is no requirement to submit an EIS with a Section 96 application. However, with regard to the Statement of Environmental Effects (SEE) submitted with this application, and the nature of the proposed modifications, the following matters require consideration:

 

4.1.1.1   Acoustic Amenity

 

The EIS was accompanied by an acoustic assessment which examined the existing acoustic environment and the potential for noise on the nearest residential receivers. The approval of this application required consideration of this report, and additional conditions were imposed to ensure the proposal is satisfactory following the commencement of works. Provided these conditions are retained, the proposal is acceptable with respect to acoustic amenity, irrespective of the change of material.

 

4.1.1.2   Visual Amenity

 

The existing visual amenity of the site is one that is typical of a rural landscape. The site is dominated by grasses with several vegetation stands across the site. Native vegetation occurs along the creek line. The site is gently undulating with slopes towards the west, north and north east.

 

The approved development creates potential visual amenity impacts, including those resulting from excavation operations, materials stockpiling, hardstand features, site buildings and vehicle use.

 

The modification as proposed would enable screened soil obtained from Sydney Trains to be stockpiled on the site and used in the construction of barriers serving a visual amenity purpose. Each of these matters are discussed in the following.

 

Stockpiling

Noting that no site plan was approved with the original application, the stormwater plan is relied on to indicate the approved location of the general stockpile area, as indicated in the excerpt shown in Figure 4.

 

Pit 5

 

 

Approved stockpile area

 

 

Figure 4 Excerpt of approved stormwater plan with existing stockpile area and Pit 5 shown indicated.

 

No stormwater plan was submitted with the Section 96 application; however, the SEE indicates that the proposed location of the stockpile area for the screened soil, is in the area that will later become Pit 5, as depicted in Figure 5

 

 

Figure 5 Excerpt from Statement of Environmental Effects showing location of proposed stockpile area

 

The SEE also indicates that the proposed dimensions of the stockpile, as indicated in Figure 6.

Figure 6 Excerpt from Statement of Environmental Effects showing dimensions of proposed stockpile area

 

 

The SEE describes the stockpile as designed to hold almost 50,000 tonnes of engineering fill on site, with a height of 10m, a length of 85m, a width of 40m at the bottom and 30m at the top and a gradient of 1, or 45 degrees.

 

This stockpile area is located in excess of 50m from the nearest boundary, and behind visual bunds. As such, and having consideration to its height, the stockpiles are unlikely to create adverse visual impacts on the locality. As no formal plans of the stockpiling area have been submitted as part of this modification, it is recommended that new conditions limit the size and location of the stockpiling area in accordance with the dimensions shown in Figure 6.

 

Visual Barriers

 

The EIS outlines that the development will minimise visual impacts through the establishment of earth mounds (bunding). The earth mounds will consist of indigenous trees, shrubs and ground covers combined with stabilising grasses. The earth mounds will be located around most of the site as well as around each pit while they are being excavated.

 

The proposed modification would enable the use of screened soil obtained from Sydney Trains in the construction of these barriers. This would be acceptable provided that the bunding is finished as per the approved landscaped plan and associated documentation contained within Condition 1 of DA-693/2009.

 

4.1.1.3   Water Quality

 

Department of Primary Industries indicated to Council that drainage associated with the stockpile materials has the potential to impact upon water quality for downstream agricultural users. However, the EIS indicated methods by which water will be discharged from the site, and the conditions of consent require water to managed in accordance with the EIS. Subsequently, it is not considered that additional conditions are required due to the stockpiling.

 


 

4.1.1.4   Traffic Generation

 

The SEE indicates the following:

 

"The material will be transported in truck and dog trailer vehicles (or similar), with an approximate individual payload capacity of 25 tonnes. A maximum of 100,000 tonnes of material would result in approximately 4000 loads being brought to site (8000 truck movements into and out of the site). This material will be brought on site during the planning and construction phase, which are likely to span March to October (8 months or 175 weekdays). Assuming that all deliveries are completed two months prior to the operation phase (approximately November), this results in 131 weekdays where delivery is likely to be taken. Assuming uniformity in delivery quantity throughout this period, the proposed modification will result in an additional 22 vehicles (45 truck movements, into and out of the site) each weekday. These deliveries of material will cease during the operational phase of the project, so this modification does not affect the operational traffic volume and noise calculations submitted in the EIS”.

 

It is evident that this calculation would in fact result in 61.5 truck movements per day, and that the movements are understated. However, there are currently no conditions of consent, or no recommendations within the approved Traffic Report that restrict the quantity of vehicular movements, either on a daily basis, or at different times of the year. Thus, this calculation may not necessarily reflect the way that the deliveries are undertaken.

 

Notwithstanding, the delivery of the materials will occur prior to the use of the site as an extractive industry or as a resource recovery facility, during which vehicle movements (including those not related to the subject development) are predicted within the approved Traffic Report to increase. The Traffic Report submitted with the Development Application indicated that during the operational phase, the projected total average two-way truck movements per day would be 84 with 67 to/from the north and 17 to/from the south.

 

It is considered that the road network has capacity for additional daily traffic generation of as indicated by the proposal, and that the proposal is acceptable with respect to traffic generation.

 

4.1.1.5   Waste Generation and Management

 

The SEE indicates that any material that remains following construction works will either be transported off site to an industrial site authorised to receive the waste as per the RRE or subsequently applied to land as waste, with the EPA levy paid. It is recommended that this requirement be incorporated into the new conditions.

 

4.1.1.6.  Flora and Fauna

 

A Flora and Fauna Survey, Vegetation Assessment and Threatened Species Impact Assessment were undertaken and accompanies the development application. To ensure that impact on vegetation and flora and fauna is minimised, a number of recommendations were provided. The proposed modifications are not expected to alter previously considered ecological and riparian matters

 

The Department of Primary Industries indicated to the stockpiling of material will require weed management. This can be incorporated into the conditions of consent.

 

4.2     Water Management Act 2000

 

The approved development required a Controlled Activity Approval under the Water Management Act 2000. As such, the application is defined as Integrated Development in accordance with Section 91 of the Environmental Planning and Assessment Act, and concurrence is therefore required from the Department of Water and Energy.

 

Consultation with the Department of Water and Energy will be canvassed in more detail later in this report.

 

4.3     Protection of the Environment Operations Act 1997

 

The approved development requires an Environmental Protection Licence as it is a scheduled activity pursuant to the Protection of the Environment Operations Act 1997.  As such, the application is defined as Integrated Development in accordance with Section 91 of the Environmental Planning and Assessment Act, and concurrence is required from the Department of Environment and Climate Change.

 

Consultation with the Department of Environment and Climate Change will be canvassed in more detail later in this report.

 

5.       Environmental Planning Instruments

 

The application has been assessed against the relevant Environmental Planning Instruments listed below:

·      Liverpool Local Environmental Plan 2008

·      State Environmental Planning Policy (Infrastructure) 2007

·      State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007

·      State Environmental Planning Policy (Sydney Regional Growth Centres) 2006

·      State Environmental Planning Policy No. 44 – Koala Habitat Protection

·      State Environmental Planning Policy No. 55 – Remediation of Land

·      Sydney Regional Environmental Plan No 9—Extractive Industry

·      Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

 

The relevant matters requiring further discussion are detailed below:

 

5.1     Liverpool Local Environmental Plan 2008

 

5.1.1    Permissibility

 

The subject site is zoned RU1 – Primary Production, pursuant to Liverpool Local Environmental Plan 2008 (LLEP 2008).

 

The proposed development is defined as an “extractive industry” and a “waste or resource management facility”. An extractive industry is permissible pursuant to Liverpool Local Environmental Plan 2008, the waste or resource management facility is permissible pursuant to State Environmental Planning Policy (Infrastructure) 2007, which is discussed elsewhere.

 

The resource extraction component of the development application can be defined as an “extractive industry” pursuant to LLEP 2008.

 

An “extractive industry” means ‘the winning or removal of extractive materials (other than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storage, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming’.

 

An “extractive industry” is a permissible land use with Council consent in the RU1 – Primary Production zone pursuant to LLEP 2008. 

 

5.1.2    Zone Objectives

 

The objectives of the RU1 – Primary Production zone are as follows:

 

(a)  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

(b)  To encourage diversity in primary production enterprises and systems appropriate for the area.

(c)  To minimise the fragmentation and alienation of resource lands.

(d)  To minimise conflict between land uses within the zone and land uses within adjoining zones.

(e)  To ensure development does not unreasonable increase the demand for public services or public facilities.

(f)  To ensure that the development does not hinder the development or operation of an airport on Commonwealth land in Badgery’s Creek.

(g)  To preserve bushland, wildlife corridors and natural habitat.

 

It is considered that the proposed modification satisfies the objectives of the RU1 – Primary Production zone.

 

Minimisation of land use conflict

 

In relation to objective (d), it is considered that conflict between land users within proximity to the development is minimised by maintaining existing amenity levels.  Compatibility (and impact on amenity) with land users immediately adjoining the site and in the immediate locality have been assessed earlier in the report.

 

It is considered that the proposed safeguards and mitigation measures implemented will minimise actual impacts from the development. Details of mitigation measures are addressed in more detail later in this report.

 

In regards to objectives (e) and (g), it is considered that the proposed development is unlikely to generate a demand for public infrastructure, it is unlikely to hinder any future development at the proposed site for Badgerys Creek Airport.

 

In regards to objective (f) the proposal will retain all vegetation identified as environmentally significant land and it is the intention of the application to prepare and implement an Vegetation Management Plan. Issues relating to flora and fauna and vegetation will be canvassed in more detail later in this report.

 

5.1.3    Miscellaneous Provisions

 

Clause 7.6 Environmentally significant land

 

Clause 7.6(2) prescribes:

 

Before determining an application to carry out development on environmentally significant land, the consent authority must consider such of the following as relevant:

 

(a)     the condition and significance of the vegetation on the land and whether it should be substantially retained in that location,

(b)     the importance of the vegetation in that particular location to native fauna,

(c)     the sensitivity of the land the effect of clearing vegetation,

(d)     the relative stability of the bed and banks of any water body that mat be affected by the development, whether on the site, upstream or down stream,

(e)     the effect of the development on water quality, stream flow and the functions of aquatic ecosystems (such as habitat and connectivity),

(f)      the effect of the development on public access to and use of any waterbody and its foreshores.

 

The proposed modifications are not expected to alter previously considered ecological and riparian matters

 

5.2     State Environmental Planning Policy (Infrastructure) 2007

 

5.2.1    Permissibility

 

As outlined previously, the proposed development incorporates two (2) components being resources extraction, and material sorting operations.

 

The extraction component of the proposal is separately defined and permitted pursuant to Liverpool Local Environmental Plan (LLEP) 2008.

 

A premises which sorts materials is defined as a ‘waste disposal facility’, which means ‘a facility for the disposal of waste by landfill, incineration or other means, including associated works or activities such as recycling, resource recovery and other resource management activities, energy generation from waste gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal’, pursuant to State Environmental Planning Policy (Infrastructure) 2007. 

 

A ’waste disposal facility’ is further classified under the grouping of “waste or resource management facility” pursuant to State Environmental Planning Policy (Infrastructure) 2007.  Specifically, a “waste or resource management facility” means ‘a waste or resource transfer station, a resource recovery facility or a waste disposal facility’.

 

The site is zoned RU1 – Primary Production under LLEP 2008, and a “waste or resource management facility” is a permissible land use in the RU1 – Primary Production zone under the provisions of SEPP (Infrastructure) 2007. 

 

5.2.2    Traffic Generating Development to be referred to the RTA

 

The development is identified as Traffic Generating Development, and, as such, the application was referred to the Sydney Regional Development Advisory Committee (RTA) pursuant to Schedule 3 of the SEPP (Infrastructure) 2007, for comment and assessment.

 

RMS raises no objection to the proposed modification as it wiil not have any significant impact on the classified road network.

 

5.3     State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007

 

The subject SEPP recognises the importance of extractive industries to NSW and the need to establish appropriate planning controls to encourage sustainable development through the environmental assessment and sustainable management of the extractive industry.

 

In this regard, the SEPP prescribe matters for consideration in the assessment of development applications for extractive industries. The proposed modification is consistent with the objectives of State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007 and is satisfactory with respective to the objectives of the zone.

 

5.4     State Environmental Planning Policy (Sydney Regional Growth Centres) 2006

 

The subject site is located within the South West Growth Centres. In this regard, State Environmental Planning Policy (Sydney Regional Growth Centres) 2006 (the SEPP) applies to the proposal. The SEPP seeks to establish a framework and process in which to guide the development of land located within the Growth Centres.

 

The proposal was referred to the

 

5.4.5    Whether the proposed development will detrimentally affect the existing drainage patters and soil stability in the locality

 

It is considered that the proposed development will not affect drainage patterns. Finalisation of the pit rehabilitation stage involves compacting for 5m to 98% compaction, to ensure satisfactory soil stability for future building foundations.

 

5.7     State Environmental Planning Policy No. 55 – Remediation of Land

 

State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) defines contaminated land as being ‘land in, on or under which any substance is present at a concentration or above the concentration at which the substance is normally present in, on or under land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment’.

 

There is no evidence to suggest that such contamination exists in respect of the quarry site and no reason to suspect that the land may be contaminated, being used for grazing purposes in the past. A review by Council’s Environmental Health officers, concurred with the findings contained within the EIS in that there is evidence to suggest that the site has been contaminated and that site has been used for grazing purposes. Consequently it is considered SEPP 55 does not require any further consideration.          

 

5.8     Sydney Regional Environmental Plan No 9—Extractive Industry

 

This application was referred to the Department of Mineral Resources (now the NSW Department of Resources and Energy: Trade & Investment Division) in accordance with Section 8 of the Plan. No objections were raised to the proposed modifications, and the proposed modifications are consistent with the objectives of the Plan.

 

5.9     Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

           

The subject site is located within the Hawkesbury-Nepean catchment.  As such, Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River (SREP 20) applies to the proposed development. The SREP requires the consent authority to consider whether the proposal would have a detrimental impact on the catchment.

 

Council is satisfied that the proposal as modified can be both constructed and operated to ensure all water quality issues are contained within the subject site, and that the proposed water quality management and mitigation measures would ensure that water discharged from the site does not affect down stream water quality within the catchment.

 

6.       Development Control Plans

 

6.1     Liverpool Development Control Plan 2008

 

The following parts of Liverpool Development Control Plan (DCP) 2008 are applicable to the proposed development:

 

·    Part 1.1 – General Controls for all Development;

·    Part 1.2 – Additional General Controls for Development; and

·    Part 5 – Development on Rural and Environmental Protection Zones. 

 

            The proposal modification does not require consideration of any additional matters prescribed within LDCP 2008, other than those discussed in this report, in relation to separate legislation or planning instruments.

 

7.       Referrals

 

7.1     External Referrals

 


EXTERNAL REFERRALS:

Roads and Maritime Services

No objection subject to conditions of consent.

Rural Fire Services

No response received to date.

Office of Water

Proposal not on waterfront land; no objections to the proposed modification.

Department of Environment and Heritage

No response received to date.

Department of Trade and Investment (Resources and Energy)

No objections to the proposed modification.

Department of Primary Industries (Agricultural Land Use Planning)

Application supported, however the modification for stockpiling of material requires weed management according to any local or regional weed management plans, and for the drainage from the stockpile to address water quality for downstream agricultural water users.

Department of Planning (formerly Growth Centres Commission)

No objection subject to conditions of consent.

Environmental Protection Authority (EPA)

The response from the EPA indicating the following concerns:

 

·    Concerns regarding the amount of soil to be brought onto the Premises.

·    Soil must meet the chemical criteria and be used for complying activities.

·    The modification does not adequately demonstrate how the proposed “acoustic bunds” will address potential noise issues generated from the proposed landfilling activities.

·    The amount of soil may also pose dust issues.

·    Soil brought onto the Premises must be used in accordance with the requirements of the Sydney Trains Screened Soil Exemption February 2014.

·    This soil must only be used to build acoustic bunds in accordance with DA Condition 124 and 125.

·    Only the amount of soil required to build the acoustic bunds should be brought onto the site.

·    Soil must be stored in separate stockpiles of a maximum height of 3 meters.

·    The storage of soil and construction of acoustic bunds but be carried out in a manner which minimises or prevents the emission of dust from the premises.

 

The applicant responded to these concerns which were then forwarded to the EPA.

 

The applicants response included recommended conditions to be incorporated into the modified consent. These conditions are considered appropriate.

 

No response was received from the EPA, and it is assumed there are no further objections.

 

 

                                                           

Aboriginal Land Councils

The development application was referred to the Gandangara and Tharawal Local Aboriginal Land Council for comment. No response to date has been received.

 

Transport for NSW

The application was referred to Transport for NSW given its proximity to the South West Rail Link. Transport for NSW reviewed the application and considered that the proposed modification will not affect the South Wes West Rail Link (SWRL) extension project, and that there were no objections to the proposed modification.

 

7.2     Internal Referrals

 


INTERNAL REFERRALS:

Aboriginal Consultative Committee

No objection, subject to conditions relating to preservation of aboriginal artefacts of archaeological or heritage significance. Existing conditions considered to be adequate.

Engineer

No objections.

Traffic

No objection, subject to conditions relating to truck movements and street lighting. Existing conditions considered to be adequate.

Environmental Health

No objections.

Natural Resources Planner

No objections.

 

8.       Public Participation

 

8.1     Advertising

 

The development was advertised for a period of 14 days from 16 April 2014 and 5 May 2014) in accordance During the advertising period a total of four written submissions were received, all objecting to the proposal.

 

8.2     Nature of Submissions

 

ISSUE: Miscalculation within Statement of Environmental Effects (SEE) with respect to Traffic generation

 

Comment: The SEE indicates the following:

 

 

 

 

(v)        As indicated elsewhere the SEE provides a miscalculation. However, there are currently no conditions of consent, or no recommendations within the approved Traffic Report that restrict the quantity of vehicular movements, either on a daily basis, or at different times of the year (however conditions 145 and 146 restrict truck movements and deliveries to certain times during the week). Thus, this calculation may not necessarily reflect the way that the deliveries are undertaken.

(vi)      

(vii)      Notwithstanding, the delivery of the materials will occur prior to the use of the site as an extractive industry or as a resource recovery facility, during which vehicle movements (including those not related to the subject development) are predicted within the approved Traffic Report to increase. The Traffic Report submitted with the Development Application indicated that during the operational phase, the projected total average two-way truck movements per day would be 84 with 67 to/from the north and 17 to/from the south.

(viii)    

(ix)       Council considers that the road network has capacity for additional daily traffic generation of approx. as indicated by the proposal, and that the proposal is acceptable with respect to traffic generation.

 

ISSUE: The original traffic study was apparently conducted in 2008 and 6 years later may be outdated particularly given that motorists are using Badgerys Creek Road as a short cut to avoid tolls on the M7 in order to access new housing at Oran Park, Harrington Park and many parts of Camden and Campbelltown

 

Comment: Given the information discussed above, a revised study was not considered necessary.

 

ISSUE: Current operations alleged to be falling outside of the approval and associated conditions of consent, with specific reference to the following:

·    Currently operating without an Occupation Certificate or an Environmental Protection Licence with gravel already being refined on site.

·    No signage provided in accordance with Conditions 153 and 161, which is required to indicate the phone number to which complaints may be directed.

·    No preparation of a bush regeneration plan as required by Condition 39.

 

Comment: No evidence is currently available to indicate that this is the case. It is recommended that these matters be investigated by Council’s Enforcement Officers. Notwithstanding, this would not prevent Council from approving the subject modification.

 

ISSUE: “Huge amounts of dust will be generated from the day-to-day stockpiling of the 100,000 tonnes of engineering fill, affecting the air we breathe, and polluting the pastures in Badgerys Creek and Bringelly, and the watercourse of Badgerys Creek which borders this site. Winds may carry this dust for kilometres”.

 

Comment: Various conditions are attached to the RRE, in order to ensure that the use of the material has minimal environmental impact. Subject to compliance with the requirements of the RRE, use of the material will be in accordance with the requirements of the Environmental Protection Authority.

 

ISSUE: “No analysis of the exact nature/composition of “Sydney Trains screened soil” or “engineering fill” from Sydney Trains Ballast Recycling Centre at Chullora is included in the SEFF. Appendices listed at the end of the SEFF were not attached to the document, but it seems by accessing one document via the EPA website that some harmful compounds may be in this “fill”. The SEFF does not address this issue, but claims that, environmentally, there is a benefit in reusing this material at the Badgerys Creek site instead of disposal. In effect, the engineering fill is proposed to be disposed of at this site rather than other sites, so the only “advantage” is to free up other sites from receiving this fill.

 

Comment: As indicated, various conditions are attached to the RRE, in order to ensure that the use of the material has minimal environmental impact. Subject to compliance with the requirements of the RRE, use of the material will be in accordance with the requirements of the Environmental Protection Authority.

 

ISSUE: Property is zoned for rural purposes, and the SEE indicates that the approval of the extractive industry and landfilling operations qualifies the site as industrial.

 

Comment: The SEE indicates that there are six conditions placed on the consumer benefitting from the resource recovery exemption, with one of these conditions reading as follows:

 

“The material may only be applied to land for the purpose of earthworks during construction activities on land zoned for industrial uses, or for building or maintaining railway infrastructure”.

 

The approved operations are permissible on the subject site as outlined elsewhere in this report. However, the permissibility of the development should not be construed to indicate that the zoning of the site is effectively changed. The zoning of the site remains as RU1 - Primary Production.

 

However, the resource recovery exemption (RRE) shown on the EPA website accessed on 8 July 2014 indicates that there are only two conditions imposed on the consumer, and that the above condition does not apply (note that the copy of the RRE provided with the application also excludes the above condition and contains only three conditions in total).

 

 

ISSUE: The proposed development is inconsistent with the relevant planning matters for consideration stated in Clause 16(1) (a), (b), (e) and (f) of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006. We are concerned the proposed development will cause adverse visual impacts and preclude the orderly and coordinated provision of aviation, rail and road infrastructure planned to support Sydney's Second Airport, the Broader Western Sydney Employment Area and the South West Growth Centre.

 

Comment: Consideration of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 formed part of the assessment of the original application. The approved development was considered to compatible with future industrial/employment land uses, as it involves both rehabilitation of the extractive pits and the entire site so that it is capable of accommodating future development as identified within the adopted Structure Plan. In this regard, it is considered that the proposed development would not alienate the site from future land uses.

 

Condition 1 of the existing consent requires the extractive operations and materials resource recovery operations to be limited to a 25 year period from the date of issue of the Occupation Certificate.

 

The proposed modifications would not influence the previous consideration of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

 

ISSUE: Impact on wildlife, particularly, wedged tail eagles, population that that within the subject site property and surrounding developments. Concerns raised in relation to other wildlife including wallabies, echidnas, blue tongue lizards, long neck turtles, wombats, and koalas.

 

Comment: Consideration of State Environmental Planning Policy No. 44 – Koala Habitat Protection of the approved application whereby it was concluded that the study area is not identified as a core koala habitat, and that no further consideration of SEPP 44 was required.

 

The flora and fauna report submitted with the original application indicated that the habitats likely to be present on the site and affected by the proposal are not considered significant to the threatened species identified and no further actions for habitat protection was considered necessary.  It is noted however, that a wildlife corridor exists outside the proposed excavation area and the development would not present any barriers to restrict movement patterns along this corridor and that the development footprint was determined on the basis of minimising impacts on the site’s vegetation and providing adequate buffer and separation distances between extractive pits and environmentally significant land.

 

The proposed modifications would not change the location of barriers, etc and the stockpiling will be in an area which is already approved as an extraction pit.

 

9.       Section 79C Relevant Matters for Consideration

 

The following summarises the assessment of the proposal in terms of the heads of consideration in Section 79C of the Environmental Planning and Assessment Act 1979:

 

(a)     The provisions of:

 

(i)      Any Environmental Planning Instrument

 

          The subject site is zoned RU1 – Primary Production. The proposed development including the operation of an extractive industry and materials resource recovery facility are permissible land uses within the RU1 zone pursuant the provisions of SEPP (Infrastructure) 2007 and LLEP 2008.

 

          The development as modified would be consistent with the objectives of the RU1 zone,

 

          In addition to the above, assessment of the proposed modification concludes that the proposal is consistent with the standards and relevant matters for consideration prescribed by the numerous planning instruments that are applicable to the proposed development.

      

(ii)     Any Draft Environmental Planning Instrument

 

There is no draft environmental planning instrument that relates to the site.

 

(iii)    Any Development Control Plan

 

Liverpool Development Control Plan 2008 applies to the proposed development. The proposed development has demonstrated general compliance with the requirements contained within Parts 1, and 5 of the LDCP 2008.

 

(iv)    Any Planning Agreement

 

          Not applicable.

 

(v)     The Regulations

 

Procedures relating to designated development applications have been adequately addressed throughout this report, and complied with during assessment and consideration of the modification.

 

(b)     The likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

Assessment of the proposal and the information received from the relevant authorities has concluded that subject to the imposition of conditions as recommended, the proposed modification will not generate undue adverse impacts on the locality.

 

(c)     The suitability of the site for the development

 

Consideration has been given to the impacts of the proposal on surrounding residences and existing land users in the vicinity of the site, and assessment of the application has concluded that the site is suitable for the proposed development as modified.

 

(d)     Any submissions made

 

Detailed previously within report.

 

(e)     The public interest

 

The public interest is taken to include the provision of a facility for future and existing residents of the Liverpool local government area.

 

The issues raised in the objections made to this proposal have been adequately addressed throughout this report.  It is considered that the proposed development is worthy of support. 

 

10.     Section 96(2) Modification

 

The application has been assessed in accordance with the relevant matters for consideration prescribed by Section 79C and 96(2) of the Environmental Planning and Assessment Act 1979.

 

(2) 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 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 an extractive industry and resource recovery facility. The proposed modifications will enable the use of certain materials on the site to facilitate this development, and will result in substantially the same development for which consent was originally granted.

 

(b)       it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

 

(c)       it has notified the application in accordance with:

 

(x)   the regulations, if the regulations so require, or

(xi)  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 advertised in accordance with LDCP 2008 as indicated elsewhere within this report.

 

(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.

 

Submissions have been considered as indicated elsewhere within this report.

 

 

11      Changes to conditions

 

The proposed new conditions are generally supported, however the wording and location within the Determination Notice, are different to that proposed by the applicant, for reasons outlined within this report.

 

12.     Conclusion

 

The application has been assessed against the relevant considerations prescribed by Sections 79C and 96 of the Environmental Planning and Assessment Act 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 to DA-693/2009/B, as indicated within the recommendation.

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

 

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.

 


Social and Cultural

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

 


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Applicant Details (Under separate cover)

2.View

Decision Notice - DA-693/2009 (Under separate cover)

3.View

Stormwater Plan - DA-693/2009 (Under separate cover)

4.View

Landscape Plan - DA-693/2009 (Under separate cover)

5.View

Determination Notice DA-693/2009/A (Under separate cover)

6.View

Statement of Environmental Effects - DA-693/2009/B (Under separate cover)

7.View

Screened Soil Exemption - EPA - DA-693/2009/B (Under separate cover)

8.View

Applicants response to submissions - DA-693/2009/B (Under separate cover)

9.View

Environmentatl Impact Statement ( 937 page document - available on request - Trim ref: 159227.2014) (Under separate cover)

  


144

Ordinary Meeting 30 July 2014

Development Application Determination Report

 

DAD 02

Modification to Development Consent No. DA-611/2009 at  No.1 Mill Road Liverpool (Lot 1 100 DP1180561)

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

151941.2014

Report By

Brendon Clendenning - Senior Development Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

1 Mill Road, Liverpool

Owner

Liverpool Business Estate Pty Ltd

Applicant

Merhis Contracting Pty Ltd

 

 

Executive Summary

 

Council is in receipt of a modification application made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 (EP&A Act), which seeks to modify Development Consent DA-611/2009.

 

Development Consent was granted by Council on 1 September 2009, for erection of an eight storey residential flat building comprising of 1 x studio apartment, 1 x 1 bedroom apartment, 30 x 2 bedroom apartments, 16 x 3 bedroom apartments, two levels of basement car parking and associated landscaping at 1 Mill Road, Liverpool.

 

This modification, DA-611/2009/A, seeks to incorporate a steel frame structural system, resulting in increased floor-to-floor heights, as well as seeking a range of other modifications to the approved development.

 

The application has been considered pursuant to Section 96 of the EP&A Act and it has been determined that the modification will result in substantially the same development as that to which consent was originally granted. Assessment of the application has been undertaken which has concluded that the proposed modifications are satisfactory and will not result in any adverse impacts upon the residential amenity of the locality. Accordingly, it is recommended that the consent be modified as detailed within this report.

 

RECOMMENDATION

 

That Council:

 

1.       Approve the application to modify DA-611/2009, Pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 in the following way:

 

A.      Condition 1 of Development Consent No. DA-611/2009 is modified to read as follows:

 

1.       Development must be carried out generally in accordance with Development Application received 4 July 2008 and the following plans and documentation:

 

(a)     Architectural plans prepared by Tony Owen Prtnrs as follows:

 

·        Site Plan / Site Analysis Plan – Drawing No. A 001 Revision A and dated 12 February 2014;

·        Basement 2 Plan – Drawing No. A 101 Revision A and dated 12 February 2014;

·        Basement 1 Plan – Drawing No. A 102 Revision A and dated 12 February 2014;

·        Ground Floor Plan – Drawing No. A 103 Revision B and dated 6 May 2014;

·        Level 1-3 Floor Plan – Drawing No. A 104 Revision A and dated 12 February 2014;

·        Level 4 Floor Plan – Drawing No. A 105 Revision A and dated 12 February 2014;

·        Level 5-6 Floor Plan – Drawing No. A 106 Revision A and dated 12 February 2014;

·        Level 7 Floor Plan – Drawing No. A 107 Revision A and dated 12 February 2014

·        Roof Plan – Drawing No. A 108 Revision A and dated 12 February 2014;

·        East Elevation – Drawing No. A 200 Revision A and dated 12 February 2014;

·        North Elevation – Drawing No. A 201 Revision A and dated 12 February 2014;

·        West Elevation – Drawing No. A 202 Revision A and dated 12 February 2014;

·        South Elevation – Drawing No. A 203 Revision A and dated 12 February 2014;

·        Section A-A – Drawing No. A 300 Revision A and dated 12 February 2014;

·        Section B – Drawing No. A 301 Revision A and dated 12 February 2014;

·        Adaptable Unit – Drawing No. A 110 Revision A and dated 12 February 2014;

·        Carpark Ramp Section – Drawing No. A 410 Revision A and dated 6 May 2014;

 

(b)     Engineering and Hydraulic Plans prepared by Australian Consulting Engineers as follows:

 

·   Upper Basement Drainage Plan and Details, Drawing No.D02 Revision D, Job No.08AH225 and dated 18 June 2006;

·   Ground/Site Stormwater Drainage Plan and Details, Drawing No. D03 Revision E and dated 18 June 2006;

·   Erosion and Sediment Control Plan and Drainage Plan and Details, Drawing No.D04 Revision A and dated 31 October 2008; and

·   Proposed Easement and existing layout, Drawing No.D05 Revision C, Job No.08AH225 and dated 19 June 2006.

 

(c)     Landscape Works Site Plan prepared by Formed Gardens, Job No. FG 13 235 Drawing No. L_001, Issue D, and dated 6 May 2014;

 

(d)     Soil Salinity Study prepared by Environmental Solutions and dated 24 November 2008;

 

(e)     Access Report prepared by Accessibility Solutions Pty Ltd and dated 19 June 2009;

 

(f)      Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated November 2008;

 

(g)     Safety Management Plan prepared by Tony Owen NDM;

 

(h)     Waste Management Plan dated 5 December 2008;

 

(i)      Schedule of Finishes approved in accordance with Part 1 and generally in accordance with materials schedule board submitted by CMT Architects and dated 19 December 2008, except as updated by plan titled Material Finishes, Drawing No. A 408, Revision A, prepared by Tony Owen Ptnrs, and dated 12 February 2014;

 

(j)      BASIX Certificate 527234M and dated 17 February 2014;

 

except where modified by the following conditions.

 

B.      Condition 23 of Development Consent No. DA-611/2009 is modified to read as follows:

 

2.       As a consequence of this development, Council has identified an increased demand for public amenities and public services.  The following payment represents 2% of the cost of the development and is imposed in accordance with Liverpool Contributions Plan 2007 Liverpool City Centre. 

 

The total contribution is $205,485.

 

 

A breakdown of the contributions payable is provided in the attached payment form.

 

Contributions will be adjusted at the time of payment in line with the Consumer Price Index (all groups index number for Sydney) using the following formula:

 

Contribution at the time of payment = C x CPI2

                                                           CP11           

Where:      

C =    Original contributions as shown on the consent

CPI2 =        Latest "Consumer Price Index: All Groups Index Number" for Sydney available from the Australian Bureau of Statistics at the time that the contribution is to be paid

         CPI2 =         Latest "Consumer Price Index: All Groups Index Number" for Sydney available from the Australian Bureau of Statistics as at the time of granting the development consent

 

Payments made prior to the settlement of this amount shall be deducted from the remaining balance, and shall be adjusted to the Consumer Price Index as required.

 

The Contributions Plan may be inspected at Council’s Administration Centre, 1 Hoxton Park Road, Liverpool or at www.liverpool.nsw.gov.au.

 

Please note.  Payment must be accompanied by the attached form.    

 

C.      Condition 30 shall be deleted.

 

D.      Condition 31 shall be deleted.

 

E.      Attachment 2: Section 94A Payment Form is attached to the Development Consent to read as follows:

         

ATTACHMENT 2. SECTION 94A PAYMENT FORM

 

CONTRIBUTIONS PURSUANT TO SECTION 94A OF THE ENVIRONMENTAL

PLANNING & ASSESSMENT ACT, 1979

 

Liverpool Contribution Plan 2007

 

Note to the applicant:           When remitting payment as specified in the Conditions of Consent to the approval, this Form must be submitted with your payment.

                                    These figures have been calculated to the CPI September 2013 Quarter and will be adjusted at the time of payment in accordance with the conditions of consent.

 

APPLICATION NO.:             DA-611/2009

 

PROPERTY:                         1 Mill Road, Liverpool

 

PROPOSAL:                          Erection of an eight storey residential flat building comprising of 1 x studio apartment, 30 x 2 bedroom apartments, 16 x 3 bedroom apartments, two levels of basement car parking and associated landscaping

 

Facilities

Amount ($)

Job No.

Liverpool Contributions Plan 2007

Central Library Extensions

$3,948

GL.10000001870.10112

Whitlam Centre Extensions

$2,916

GL.10000001869.10110

District Community Facility upgrade (Central area)

$3,764

GL.10000001870.10099

Woodward and Collimore Parks

$17,714

GL.10000001869.10093

Georges River Foreshore

$124,001

GL.10000001869.10105

Bigge Park

$26,572

GL.10000001869.10105

Pioneer Park

$26,572

GL.10000001869.10105

Access – car parks, bridge link, bus priority

$0

GL.10000001868.10108

Central Library Extensions

$3,948

GL.10000001870.10112

Whitlam Centre Extensions

$2,916

GL.10000001869.10110

District Community Facility upgrade (Central area)

$3,764

GL.10000001870.10099

Woodward and Collimore Parks

$17,714

GL.10000001869.10093

Total

$205,487

 

 

---------------------------------------------- OFFICE USE ONLY -------------------------------------------

 

RECORD OF PAYMENT

 

Total Amount paid: ______________________________

 

Date:________________________

 

Receipt No.:_____________________________Cashier:_____________________

 

2.       Write to the applicant to advise of the remaining balance of the Section 94A Contributions.

 

 

 

 

 

 

 

REPORT

 

 

1.       The Site

 

The subject site is legally described as Lot 1 100 DP1180561 and is known as No.1 Mill Road, Liverpool. The site is situated on the corner of Mill Road and Speed Street. The site is irregular in shape with an area of approximately 1820m², and frontages of approximately 32.6 metres to Mill Road and 38.9 metres to Speed Street.

 

An aerial photograph of the site is illustrated in Figure 1.

 

Subject Site

 

Figure 1 Aerial Photograph of the subject site

 

The site has a southern orientation to Mill Road and an eastern orientation to Speed Street. The site is currently vacant and there are no significant trees located on the property. The immediate locality is surrounded by established flat buildings ranging between two and four storeys in height that were likely to have been constructed during the 1960’s and 1970’s.

 

2.       Background

 

The development application was approved by Council for the erection of an eight storey residential flat building with a total of 48 residential units comprising the following:

 

·      One x 1 studio apartment;

·      One x 1 bedroom apartment;

·      30 x 2 bedroom apartments;

·      16 x 3 bedroom apartments;

·      Two levels of basement car parking providing a total of 63 car parking spaces, six of which are identified for visitor car parking and one that is designated as a loading bay;

·      Waste compartment rooms provided within the basement;

·      Landscape works.

 

Council originally granted development consent to DA-611/2009 subject to a condition that the consent is not to operate until the applicant satisfies the specific requirements of that condition, pursuant to the provision section 80(3) of the Environmental Planning and Assessment Act 1979 (“deferred commencement” consent). The condition required the applicant to submit amended plans that confirmed compliance with the solar access provisions contained within the Residential Flat Design Code.

 

The amended plans were submitted to Council in accordance with the requirements of the condition, and the consent became operational on 1 October 2009, with a lapse date of 1 October 2014. The amended plans form the current approved design.

 

3.       Current status of the Development

 

A Construction Certificate was issued by a Private Certifier on 4 November 2013. Preliminary physical works have been commenced at the site.

 

4.       The Proposal

 

An application has been made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 (EP&A Act) which seeks to modify Development Consent DA-693/2009 in the following way:

 

·    Adoption of a steel frame structural system.

·    Increase to the overall height floor-to-floor heights of each habitable floor, as a consequence of adopting the steel frame system. This would increase the height of the roof of the building by approximately 2.25m.

·    Reduction in the level of the basement levels, requiring additional excavation.

·    Reduction in the maximum height of the development, due to a reduction in the height of the stair overrun, which was approved as the highest element of the building.

·    Increase in size of basement to provide storage, as required by condition 30.

·    Changes to floor layout as indicated on plans.

·    Adjustment to balcony layouts and building entries.

·    Revised paint colours.

·    Changes to parking layout.

·    Removal of one lift

 

5.       Environmental Planning Instruments

 

The application has been assessed against the relevant Environmental Planning Instruments listed below:

·    Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment (deemed SEPP);

·    Liverpool Local Environmental Plan 2008

·    State Environmental Planning Policy No. 55 – Remediation of Land

·    State Environmental Planning Policy No. No 65—Design Quality of Residential Flat Development

·    State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

The development application has been assessed against all relevant matters 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.

 

5.1     Liverpool Local Environmental Plan 2008

 

5.1.1    Permissibility

 

The subject site is zoned R4 High Density Residential pursuant to LLEP 2008. The approved development that is defined as a residential flat building, which is permissible in the R4 zone.

 

Subject Site

 

Figure 2 Extract of LLEP 2008 Zoning Map.

 

 

5.1.2    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 has been assessed against these standards and this assessment is summarised below.

 

LLEP DEVELOPMENT PROVISION

REQUIRED

PROPOSED

 

COMPLIANCE  (and percentage of any 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. However deletion of the lift overrun will reduce the maximum height of the proposal to be approximately 100mm, resulting in a maximum building height commensurate with the approved development.

Yes

Clause 4.4 Floor Space Ratio

 

Pursuant to the FSR map and Clause 4.4(2B), the maximum FSR for the site is 2.545:1

The original IHAP report states that the approved development provided sought provided a floor space ratio of 2.54:1, which complies with the requirement. However, the floor space ratio of the proposal provided with the operational plans has been calculated to be approximately 2.72:1, and the floor space ratio as the proposed modification has been calculated to be 2.68:1.

No

Clause 7.14 Minimum Building Street Frontage

Minimum building street frontage of 24m

The site has frontages of approximately 32.6 metres to Mill Road and 38.9 metres to Speed Street.

 

Yes

 

Based on the above, it is considered that the proposal is generally consistent with the principle development standards contained with the Liverpool Local Environmental Plan 2008, with the exception of floor space ratio.

 

Floor Space Ratio

The proposal seeks an increase in floor space ratio, which appears to be largely a consequence of the repositioning and resizing of the approved balconies. The proposal would increase the floor space ratio from 2.54:1 to approximately 2.68:1, representing a non-compliance of approximately 5.34%.

 

It has been established in the Land in Environment Court that Section 96 may be used to approve an application to modify a development application, irrespective of any breach of development standards, or request to vary those development standards. Consideration has been given to the non-compliance in the absence of any formal request to vary the development standard, and it is considered that the non-compliance is acceptable for the following reasons.

 

·    The new works will not present overbearing impacts or be detrimental to the amenity of the adjoining properties;

·    The increase in floor space ratio appears to be largely derived from changes to the balcony layouts and will improve the habitant’s residential accommodation and amenity through practical use of space, while created insignificant changes to the overall floor plate at each floor level;

·    The proposal will maintain development consistency with the desired future character of the locality.

·    The proposal as modified will comply with the objectives of the LLEP 2008

·    The proposed modification does not detrimentally impact upon the landscape to which it is immediately related.

 

5.1.3 Miscellaneous Provisions

 

Acid Sulfate Soils

The subject site is shown on the Acid Sulfate Soils Map as being Class 5 land, which requires the submission of an Acid Sulfate Soils Management Plan for works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum by which the water table is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

 

The proposal seeks additional excavation, resulting from a proposed lower basement, and a proposed increase in the size of the basement to accommodate the storage areas. The proposal is within Class 5 land; however is approximately one kilometre from the nearest Class 1,2,3 or 4 land. Therefore, no further information is required with respect to acid sulfate soils.

 

5.2 State Environmental Planning Policy No. No 65—Design Quality of Residential Flat Development (SEPP 65)

 

The application seeks to address conditions of consent, which were imposed to satisfy the requirements of the Residential Flat Design Code referred to within SEPP 65. These matters are discussed below:

 

Storage

 

The following condition of consent was imposed to improve the provision of storage areas in the development:

 

30.       Amended architectural plans are to be amended which is to clearly depict changes to the nominated storage areas contained within the basement levels for each associated unit. The storage areas which are to be reconfigured include:

 

(i)   Storage rooms which are located to the east and south of car parking spaces numbered 10-18 for basement level 1; and

 

(ii)  Storage rooms which are located to the east and south of car parking spaces numbered 10-19 for basement level 2.          

           

            The configuration of the storage rooms are to address the principles of safer by design and are to ensure a long obstructed path for access to the storage rooms is avoided.

 

            Architectural plans are to clearly depict that the changes result in compliance with the storage requirements as prescribed by Residential Flat Design Code.

 

The amended proposal has provided storage areas that are accessible via resident and visitor parking spaces. The Residential Flat Design Code stipulates that storage areas may be provided in basement car parks, provided they do not compromise natural ventilation or create potential conflicts with fire regulations (i.e. this would include interference with egress paths, or use of materials that would cause the spread of fire). The location of the storage areas is considered satisfactory and is in accordance with the Residential Flat Design Code and the principles of safer by design.

 

It is recommended that condition 30 be deleted.

 

Privacy

 

The following condition of consent was imposed to improve the privacy to adjoining properties:

 

31.       Amended architectural plans showing the location of fixed and moveable louvers to the north and west elevations are to be submitted to and approved by Council.

 

The modified plans provide louvres to each balcony on the north and west elevations, and this condition may be deleted.

 

6. Draft Environmental Planning Instruments

 

The proposal is not affected by any Draft Environmental Planning Instruments.

 

7. Planning Agreements

 

The proposal is not affected by any Planning Agreements.

 

8. Environmental Planning and Assessment Regulation 2000

 

The Development Application has been assessed against the relevant clauses of the Environmental Planning and Assessment Regulation 2000. The Development Application fully complies with the relevant provisions of the Environmental Planning and Assessment Regulation 2000.

 

9. Development Control Plans

 

9.1     Liverpool Development Control Plan 2008

 

            The following parts of Liverpool Development Control Plan  2008 (LDCP 2008) are applicable to the proposed development:

 

·    Part 1 – General Controls for all Development;

·    Part 4 – Development in Liverpool City Centre.

 

            Aside from the matters raised elsewhere within this report, the  matters are raised by the proposed modifications that are pertinent to LDCP 2008.

 

Parking

 

The proposal seeks the deletion of one parking space in Basement Level 2 in order to accommodate additional storage areas.

 

 

10      Referrals

 

10.1   Internal Referrals

 

INTERNAL REFERRALS

Building

No objection; no additional conditions of consent.

 

Engineer

No objection; no additional conditions of consent.

 

Landscape

No objection; no additional conditions of consent.

 

Traffic

Concerns in relation to storage areas allowing for the undetected storage of flammable and dangerous materials. However, as outlined elsewhere, The Residential Flat Design Code stipulates that storage areas may be provided in basement car parks, provided they do not compromise natural ventilation or create potential conflicts with fire regulations (i.e. this would include interference with egress paths, or use of materials that would cause the spread of fire). The proposal is satisfactory in this regard.

 

 

11 Section 96(2) Modifications Generally

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 development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

 

Consent was originally granted for an eight storey residential flat building containing 48 units, and two basement levels. As a consequence of the modifications, the development would maintain the approved floor layouts and general design of the building and will constitute substantially the same development for which consent was originally granted.

 

(b)       it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

 

No such consultation was required.

 

(c)       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.

 

(d)       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 notified for a period of 17 days from 15 April 2014 to 2 May 2014. The notification was made to nearby property owners, as well as objectors to the previous application. Public consultation for Section 96(2) applications are required where there is an increase in the impact of the development. Given, the increase in height, this is considered to be the case.

 

During the notification period no written submissions were received.

 

(e)       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.

 

12.     Changes to conditions

 

There following comments are provided in relation to the required changes to the conditions of consent.

 

 

 

Revised Plans

Condition 1 shall be modified to reflect the amended architectural plans, landscape plans, BASIX Certificate, and schedule of external colours and finishes.

 

Stormwater

The stormwater plans included in Condition 1 are required to be updated to reflect the proposed modified building form. However, Conditions 44-46 are currently imposed, which requires the submission of an amended stormwater plan prior to the issue of a Construction Certificate. As a result, the existing conditions may remain, and no changes to Condition1 are required.

 

Developer Contributions

 

Condition 23 requires the payment of Section 94A Developer Contributions totaling $150,831. As the application was determined on 24 August 2009, the contributions figure was accurate for the quarter of September 2009.

 

The Section 94A fees are based on the cost of the development and the cost of development is increased as a consequence of the proposed modification from $8,502,467 as disclosed with the lodgment of the original application to $9,340,309, as indicated within the submitted Quantity Surveyors report submitted with the application and dated July 2013. The contributions shall include GST, which would increase the figure to $10,274,340.

 

A Section 94A Payment Form was not included as an attachment with the Determination Notice. It is recommended that the Determination Notice be modified to include a Section 94A Payment Form with the consent, which indicates that the contributions figure was accurate at the time the Quantity Surveyors report was prepared.

 

It is noted that a payment of $170,049 was made on 1 November 2013. This was valid for the quarter of December 2013. Should this modification be approved, it is recommended that the applicant be advised under separate cover, of the remaining balance of the required contributions, to bring the total to $205,487 as at the September 2013 quarter.

 

12.     Conclusion

 

The application has been assessed against the relevant considerations prescribed by Sections 79C and 96 of the Environmental Planning and Assessment Act 1979 as canvassed in detail in the above report.  The site remains suitable for the proposed development as modified, and the proposed development as modified is not contrary to the public interest.

 

Following this assessment of the proposal, it is considered that the proposed modifications are satisfactory and will not result in any adverse impacts. On this basis, it is recommended that consent be granted to modification to DA-611/2009/A.

 

 

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.

 

 

 

 

ATTACHMENTS

 

1.View

Applicant Details (Under separate cover)

2.View

Decision Notice - 1 Mill Road Liverpool - DA-611/2009 (Under separate cover)

3.View

Operational Plans - 1 Mill Road Liverpool - DA-611/2009 (Under separate cover)

4.View

Full set of proposed modified plans for July 2014 Council meeting - 1 Mill Road Liverpool - DA-611/2009/A (Under separate cover)

5.View

BASIX Certificate - 1 Mill Road Liverpool - DA-611/2009/A (Under separate cover)

  


158

Ordinary Meeting 30 July 2014

Development Application Determination Report

 

DAD 03

Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral.

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

143905.2014

Report By

Surb Bhatti - Development Assessment Planner

Approved By

Carole Todd - Acting Group Manager Planning and Growth

 

Property

83-87 Gurner Avenue, Austral

Owner

AUSTRALIAN ISLAMIC CULTURAL

CENTRE INCORPORATED

Applicant

AL-FAISAL COLLEGE LIMITED

 

 

Executive Summary

 

Council is in receipt of an application to modify DA-492/2008 pursuant to Section 96AA of the Environmental Planning and Assessment Act 1979.   DA-492/2008 was granted consent by the Land and Environment Court for the erection of a school over eight stages at 83-87 Gurner Avenue, Austral.  

 

The application to modify DA-492/2008 was received by Council on 29 November 2013 and seeks to amend Condition No.1 and No.157 of the Court ordered consent relating to the requirement for acoustic attenuation measures. In particular, changes are proposed to the siting, height and construction type of the approved acoustic fencing along the north, eastern and western side boundaries.

 

Pursuant to Section 96AA of the Environmental Planning and Assessment Act 1979, it has been determined that the modification will result in substantially the same development as originally approved.

 

The application was notified for a 14 day period from 8 January 2014 to 23 January 2014. No submissions were received. Following the receipt of amended plans, the application was again placed on public exhibition between 2 April 2014 and 17 April 2014. No submissions were received.

 

Assessment of the application has been undertaken and has concluded that the proposed amendments are satisfactory and will not result in any adverse impacts upon the residential amenity of the locality. Accordingly, it is recommended that the consent be modified as detailed in this report.   

 

RECOMMENDATION

 

That Council:

 

1.       Approves modification application DA-492/2008/A which seeks to modify DA-492/2008 at 83-87 Gurner Avenue, Austral subject to amendments to Conditions No. 1 and No. 157 of the development consent and additional conditions of consent, as follows:

 

·    Condition No.1 of DA-492/2008 is amended to read as follows:

 

Development must be carried out generally in accordance with Development Application received 30 November 2007 and Modification Application DA-492/2008/B received on 24 December 2014, except where amended by DA-492/2008/A as follows:

 

Architectural Drawings

 

Drawing

No.

lssue

Title

Author

Date

2836-A01

 

5

Site plan and

construction

stages

Acrom Holdings

Pty Ltd

 

16 October 2009

2836-A02

4

Ground Floor Plan

1of 2

Acrom Holdings

Pty Ltd

8 October 2009

2836-A03