That the minutes of the Extraordinary Meeting held on 20 June 2014 be confirmed as a true record of that meeting.

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

Mayoral Minute

Subject: Malaysian Airlines flight MH17

On 17 July, a routine international flight Malaysian Airlines flight MH17 was shot down over Donetsk Oblast, Ukraine, with the loss of all 298 passengers and crew on board including 36 passengers who called Australia home. 193 Dutch, 43 Malaysian, 12 Indonesian and 10 British nationals were also lost in the tragedy along with passengers from Belgium, Germany, Canada, New Zealand and the Philippines. Eighty of the passengers were children.

Our thoughts and prayers are with the families and friends of those lost on flight MH17. Our thoughts and prayers are also with the investigators and the officers sent to protect and negotiate the return of victims’ bodies.

It is apparent that the Australian government is doing the utmost to ensure that human dignity is preserved and that the investigation is carried out thoroughly, with the rigour expected by the Australian people and the international community, and for that they are to be commended.

At a time of conflict around the globe and not just in the Ukraine, the indiscriminate violent shooting down of a routine civilian flight and the loss of innocent lives reminds us all of the fragility and precious nature of life.

Motion:                                  Moved: Mayor Mannoun

That Council observes a one minute silence in honour of victims of MH17.

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

Mayoral Minute

Subject: Sponsorship request to support the Pioneers Mega Crew

Council has been approached by the Street University – Ted Noffs Foundation seeking   sponsorship for the Pioneers Dance Crew who will represent Australia in the Mega Crew Division at the 2014 World Hip-Hop Championships in Las Vegas, USA. The Championships run from August 5-10, 2014. A shortfall of $10,000 to fund the tour currently exists and Council’s support has been sought to meet part of this funding gap.

The Pioneers Mega Crew is a socially and culturally inclusive dance group and consists of 20 youth aged between 10 and 22. The members of the crew have suffered from disadvantage and marginalisation. The Crew is based out of the Street University’s premises at 1 Speed Street, Liverpool.

The Pioneers were the feature act at the July Liverpool Night Markets and have also indicated their willingness to perform at other events, for example the upcoming Mayoral Ball.

As the Crew will be performing in the USA in early August, I have brought forward this request for sponsorship as an urgent item for consideration by Council.

I propose that sponsorship of $5000 be provided by Council to meet part of the Street University’s funding shortfall for the participation of the Pioneers Mega Crew in the World Hip Hop Championships. 

The request is consistent with Council’s Corporate Sponsorship guidelines through its community and social development and cultural development objectives. Particular benefits from sponsoring this activity include:

• International exposure for Liverpool as a place of excellence for hip-hop and street dance
• Local media exposure for Liverpool and Council’s partnership  with the Street University
• Social benefits in instilling confidence in young people based in Liverpool and providing  them with life skills and linkages to employment and educational pathways

Motion:                                  Moved: Mayor Mannoun

That Council provides sponsorship of $5000 from the Councillor Reserve to the Street University toward the costs of the Pioneers Mega Crew’s participation in the World Hip Hop Championships in Las Vegas from 5 August – 10 August, 2014.

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

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.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadid

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 having full regard to sensitive areas and the advertising that is allowed near schools and churches.

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. Be consulted on the final design of bus shelters.

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

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

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.

COUNCIL DECISION

Motion:                                  Moved:Clr Hadchiti              Seconded: Clr Hadid

That Council:

1.    Notes the motion and the information provided by the CEO including a reported 2% increase in funding for homelessness services in south west Sydney. 

2.    Notes that the Mayor has written to the Minister requesting a review of the tender decision.

Foreshadowed Motion:       Moved: Clr Stanley              Seconded: Clr Waller

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.

On being put to the meeting the motion (by Clr Hadchiti) was declared CARRIED and the foreshadowed motion lapsed.

Division Called:

Vote for:                       Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Ristevski

Vote against:               Clr Karnib

                                      Clr Harle 

                                      Clr Shelton

                                      Clr Stanley

                                      Clr Waller

The motion was passed on the Mayor’s Casting Vote.

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.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Stanley

That this Item be considered later at this meeting after the recess period.

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

NOTICE OF MOTION

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council notes the motion and defers consideration of the issues raised to the September Council meeting where committee positions are elected.

Foreshadowed Motion:       Moved: Clr Shelton              Seconded:  Clr Stanley

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

On being put to the meeting the motion (by Clr Hadchiti) was declared CARRIED and the foreshadowed motion lapsed.

NOTICE OF MOTION

That Council:

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

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Waller

That Council:

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

4. Note the correction in the background information provided in the Notice of Motion to reflect that the club was honoured with the Order of Liverpool Award in 2002, not 2012.

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

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.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadid

That Council defers the item for negotiation regarding the issues raised by both speakers at this Council meeting, Mrs Dianne Newell and Ms Cheryl Keane.

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

Councillors voted unanimously for this motion.

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).

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.

Vote for:                       Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Karnib

                                      Clr Ristevski

                                      Clr Shelton

                                      Clr Stanley

Vote against:               Clr Waller

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:

          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.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Balloot

That the recommendation be adopted.

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

Vote for:                       Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadid

                                      Clr Shelton

Vote against:               Clr Hadchiti

                                      Clr Harle

                                      Clr Karnib

                                      Clr Ristevski

                                      Clr Stanley

                                      Clr Waller

During the meeting a rescission motion was lodged and signed by Mayor Mannoun, Clr Hadchiti and Clr Ristevski in relation to this Item.

In accordance with Clause 38.3 of Council’s Code of Meeting Practice the Mayor gave notice of the rescission motion and the motion was dealt with later at this meeting. It is however shown below for easy reference.

The vote on the rescission motion and subsequent resolution is shown below:

Recission Motion:                Mayor Mannoun, Clr Hadchiti and Clr Ristevski              

That Council rescind the resolution passed earlier at this meeting relating to Item IHAP 03.

Vote for:                       Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Karnib

                                      Clr Ristevski

Vote against:               Clr Shelton

                                      Clr Stanley

                                      Clr Waller

After the rescission motion was carried, the following motion was put and voted on in relation to IHAP 03;

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council defers IHAP 03 - DA-1198/2013 to the next Council meeting after Councillors have had the opportunity to review the objections received.

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

Vote for:                       Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Karnib

Clr Ristevski

Vote against:               Clr Shelton

                                      Clr Stanley

                                      Clr Waller

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.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadchiti

That Council defer this Item until the completion of an investigation into compliance matters associated with current activities on the site.

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

Councillors voted unanimously for this motion.

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

---------------------------------------------- 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.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

That this matter be deferred to the Council meeting in August with a report outlining the stage of this development as at 30 July 2014.

Foreshadowed Motion:       Moved: Mayor Mannoun   Seconded: Clr Ristevski

That the item be deferred and be delegated to the CEO after a report outlining the stage of this development as at 30 July 2014 has been provided to Councillors.

On being put to the meeting the motion (moved by Clr Shelton) was declared CARRIED and the forshadowed motion lapsed.

Vote for:                       Clr Hadchiti

Clr Harle

          Clr Karnib

          Clr Shelton

Clr Stanley

Clr Waller

Vote against:               Mayor Mannoun

Clr Balloot

Clr Hadid

Clr Ristevski

During the meeting a rescission motion was lodged and signed by Mayor Mannoun, Clr Hadchiti and Clr Ristevski in relation to this Item.

In accordance with Clause 38.3 of Council’s Code of Meeting Practice the Mayor gave notice of the rescission motion and the motion was dealt with later at this meeting. It is however shown below for easy reference.

The vote on the rescission motion and subsequent resolution is shown below:

Rescission Motion:              Mayor Mannoun, Clr Hadchiti and Clr Ristevski               

That Council rescind the resolution passed earlier at this meeting relating to Item DAD 02.

Vote for:                       Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Karnib

Clr Ristevski

Vote against:               Clr Harle

Clr Shelton

Clr Stanley

Clr Waller

After the rescission motion was carried, the following motion was put and voted on in relation to DAD 02;

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Ristevski

1. That Council approves the application, subject to a satisfactory inspection report compiled

   by a senior Council Building Surveyor, to be submitted to the CEO.

2. The report shall assess whether the construction on the site is in accordance with the

    certification issued by the Private Certifier and subject to all the relevant requirements of          

    the Building Code of Australia.

3. The following to also be included in any approval:

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

---------------------------------------------- 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.

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

Vote for:                       Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Karnib

Clr Ristevski

Vote against:               Clr Harle

Clr Shelton

Clr Stanley

Clr Waller

Motion of Dissent against Mayor’s ruling

During discussion on this Item, Clr Shelton raised a point of order that the motion proposed by the Mayor was unworkable. The Mayor disagreed and advised that his motion, the wording of which was reviewed by Council officers, was workable.

Clr Shelton then moved a motion of dissent against the Mayor’s ruling.

Motion:                         Mover: Clr Shelton               Seconder: Clr Stanley

That a motion of dissent be moved against the Mayor’s ruling.

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

The vote for and against Clr Shelton’s motion of dissent against the Mayor’s ruling is shown below:

Vote for:                      Clr Harle

Clr Shelton

Clr Stanley

Clr Waller

Vote against:               Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Karnib

Clr Ristevski

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

Note: Drawing No. 2, issue CC, prepared by Acrom Holdings Pty Ltd, supersedes Drawings 2836-A02, 2836-A03, 2836-04 and 2836-05 as it relates to the floors of the Administration Building. 

          Documents

·   
Condition No. 157 is amended to read as follows:

          Acoustic

          157.   An acoustic fence is to be constructed along the entire western side boundary       and part of the eastern side boundary of the site, as indicated on the approved plans. A qualified acoustic consultant is to certify that the       acoustic fence has been        constructed in      accordance with the     approved acoustic           assessment reports.     Note: the acoustic fencing is permitted to be constructed on (meaning a zero setback      from the property boundary) the eastern and western boundary.

·    The following conditions of consent are inserted into DA-492/2008:

          Prior to the release of a Construction Certificate

         Amended Fencing Detail Plan

1A. Elevation plans detailing the construction type, materials and colours of the       proposed fencing along the entire northern, eastern and western boundary of the subject site, are required to be submitted and approved by Council prior to the release of any Construction Certificate. The plans shall be accompanied by a statement prepared by a qualified and practicing acoustic person, detailing that the fencing will be consistent with the approved noise acoustic assessment and acoustic assessment report listed within Condition No. 1 of this development consent.

               Recommendations of Acoustic Report

          71A.The recommendations provided in the approved acoustic assessment report prepared by SLR           Consulting Australia Pty Ltd (reference No: 610.13781 S96 L01   20140304), dated 5       March 2014 shall be      implemented and incorporated into the design and     construction         of the development and shall be shown on   plans accompanying the CC application. 

        During Construction Works

Pollution Control

          98A.Building operations such as brick cutting, mixing mortar and the washing of tools,    paint brushes, form-work, concrete trucks and the like shall not be performed on the   public footway or any other locations which may lead to the discharge of materials into       Council’s stormwater drainage system.

E. Prior to the issue of an Occupation Certificate

         Recommendations of Acoustic Report

107A.A Compliance Certificate or other documentation deemed suitable to the PCA is     to be submitted to the PCA, detailing compliance with the following:

          (a)     The recommendations contained within the acoustic assessment report by SLR              Consulting Australia Pty Ltd (reference No: 610.13781 S96 L01 20140304),           dated 5 March 2014

          Use of the site

238A.   Any public address system or sound amplifying equipment shall be installed so

                as to   not emit an offensive noise as defined by the Protection of the      

                Environment Act 1997.

238B. Noise associated with the use of the premises including but not limited to children     playing, alarm systems and the bell shall not give rise to offensive noise as is                 defined within the Protection of the Environment Operations Act 1997.

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.

Vote for:                       Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Ristevski

Vote against:               Clr Karnib

                                      Clr Shelton

                                      Clr Stanley

                                      Clr Waller

Mayor Mannoun called for recess of Council at 7.59pm

Mayor Mannoun resumed the meeting at 8.27pm.

BRING FORWARD AN AGENDA ITEM

Motion                              Moved: Clr Hadchiti                  Seconded: Clr Hadid

That Item GMPG 02 be brought forward and dealt with now.

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

ITEM NO:

GMPG 02

FILE NO:

117224.2014

SUBJECT:

Draft Liverpool LEP 2008 Amendment 35 Post Exhibition Report

RECOMMENDATION

That Council resolves to proceed with the making of Draft Liverpool Local Environmental Plan Amendment 35.

COUNCIL DECISION

Motion:                                  Moved:Clr Hadchiti              Seconded: Clr Balloot

That the recommendation be adopted.

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

Vote for:                       Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Karnib

                                      Clr Ristevski

                                      Clr Shelton

                                      Clr Waller

Vote against:                Clr Stanley

BRING FORWARD AN AGENDA ITEM

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

That NOM 03 be brought forward and dealt with now.

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

ITEM NO:

NOM 03

FILE NO:

164468.2014

SUBJECT:

Liquor Related Development Applications

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.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadid

1.   In order for Councillors to meet their due diligence and statutory obligations, Council and IHAP consider the following issues when considering liquor related DA’s.

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 the applicants, 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).

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.

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

RECOMMENDATION

That Council:

1.   Approves the application to modify DA-1552/2006 at Lots 6 & 7 DP 1065574 & Pt Lot 105 DP 1070029 pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 in the following way:

A.        Condition 1 is amended to read as follows:

Development must be carried out strictly in accordance with DA-1552/2006 and accompanying plans, except where modified by the undermentioned conditions.

Modification application DA-1552/2006/B and plans:

Worley Parsons

101015-00561-CI-FIG 3, Worley Parsons, Issue B, dated 21.08.13

Cardno

SK1001, Cardno, Revision L, dated 15.08.13

SK1003, Cardno, Revision E, dated 01.08.13

SK1004(E) – Cross Sections

SK2001, Cardno, Revision D, dated 15.08.13

SK2003, Cardno, Revision D, dated 05.08.13

SK2004 (C) – Cross Sections Layout

Report “Assessment of the Impact of the Proposed Bridge on Flooding in the Vicinity of the Georges Cove Marina, Moorebank. Cardno (NSW/ACT) Pty Ltd Ref: NA49913037:BCP/bcp dated 23 May 2014, except where modified by the undermentioned conditions.

B.        Condition 14 is amended to read as follows:

The bridge is to be designed and constructed such that it is able to comply with the Orders of the NSW Court of Appeal (Tanlane’s easement over Moorebank Recyclers land) and the Orders of the NSW Land and Environment Court (Moorebank recyclers Pty Ltd easement over Council Land).

C.        New Condition 17A is added to Development Consent DA-1552/2006  to read as follows:

17A      There shall be no net loss of floodplain storage volume below the 1% Annual Exceedance Probability (AEP) flood. The compensatory flood storage volume shall be no less than 4,780cum. The flood compensatory storage shall be provided as shown in Drawing No DA-001, Job No. 0914, Issue C by Micheal Fountain Architects Pty Ltd (Amendment June 2014).

D.        New Condition 31A is added to Development Consent DA-1552/2006  to read as follows:

31A      Prior to the issue of the construction certificate, the plans identified in Condition 1 are to be amended to exclude the central bridge pier and to ensure the minimum bridge clear span is 32m.

E.        New Condition 34A is added to Development Consent DA-1552/2006  to read as follows:

34A      The approved intersection treatment of Brickmakers Drive and the bridge with the associated road link is to be constructed to Councils satisfaction prior to opening the bridge to traffic. 

F.         New Condition 34B is added to Development Consent DA-1552/2006  to read as follows:

34B      The developer is required to provide detailed analysis (Sidra Modelling) and design of the required urban channelised interim intersection treatment off Brickmakers Drive. 

G.        Condition 39 is amended to read as follows:

39        The height clearance of the bridge is affected with the flood level and the use of the underpass. Appropriate information about the flood levels should be used along with the future use of the underpass to determine the height clearance. This assessment should be carried out and included in the design to the satisfaction of Council, prior to construction certificate.  

H.        Condition 45 is amended to read as follows:

45.       The bridge design shall be undertaken in accordance with Bridge Design Code AS5100. The design shall include impact of blockage and loading from debris.

I.          New Condition 45A is added to Development Consent DA-1552/2006 to read as follows:

45A.     Timber formworks shall not constitute a structural component of the bridge. To facilitate inspection and maintenance, all formworks shall be removed from the built structure prior to handover to Council. 

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Waller

That Council refuse the application to modify DA-1552/2006 at Lots 6 & 7 DP 1065574 & Pt Lot 105 DP 1070029 based upon the previous position of Council on this matter.

Foreshadowed Motion:        Moved: Clr Hadchiti            Seconded: Clr Ristevski

1. That the recommendation be adopted (as shown on pages 42-43 of the minutes) in addition to points 2 and 3 below.

2. That Council reaffirms the opposition to the concrete recyclers application currently before the PAC.

3.    That Council notes that the bridge has been approved by a court order.

Vote for:                       Clr Stanley

Vote against:                Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Karnib

Clr Ristevski

Clr Shelton

Clr Waller

On being put to the meeting the motion (by Clr Stanley) was declared LOST and the forshadowed motion (by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.

Vote for:                       Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Karnib

                                      Clr Ristevski

                                      Clr Shelton

                                      Clr Waller

Vote against:               Clr Stanley

9.30pm       EXTENSION OF TIME TO CONTINUE MEETING

Motion                              Moved: Clr Hadid                 Seconded: Clr Balloot

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.

RECOMMENDATION

That Council endorse the key issues to be submitted for consideration at the Local Government NSW Annual Conference 2014.

COUNCIL DECISION

Motion:                                   Moved: Clr Stanley              Seconded: Clr Waller

1.    That Council endorse the key issues to be submitted for consideration at the Local Government NSW Annual Conference 2014 as listed in the report.

2.    In addition to the motions submitted in this report, Council also submit the motions as outlined in the resolution relating to NOM 03 on page 41 of these minutes.

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

RECOMMENDATION

That Council:

1.   Adopts the organisation structure as provided in Attachment 1 of this report in accordance with Section 333 of the Local Government Act 1993.

2.   Notes the effective date for implementation of the revised executive structure for senior staff positions as 1 August 2014.

3.   Determines the positions of Directors ‘Senior Staff’ positions subject to performance based contracts in accordance with Section 332 of the Local Government Act 1993.

4.   Notes the draft Executive Structure as provided in Attachment 1.

5.   Notes the termination of the senior staff positions of Executive Directors and 2 Group Managers.

6.   Notes that the proposed structure will finance the new positions of Property and Commercial Development, Business Improvement and Chief Financial Officer.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Karnib

That the recommendation be adopted.

Foreshadowed Motion:       Moved: Clr Hadchiti             Seconded: Clr Shelton

That Council move into closed session to discuss this item as the matter is confidential pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than Councillors).

On being put to the meeting the motion (by Clr Waller) was declared LOST.

The foreshadowed motion (by Clr Hadchiti) then became the motion and on being put to the meeting the motion was declared CARRIED.

Motion                              Moved: Clr Mannoun

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

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

Motion                              Moved: Clr Stanley              Seconded: Clr Ristevski

That the recommendation as listed below be adopted;

That Council:

1. Adopts the organisation structure as provided in Attachment 1 of this report in accordance with Section 333 of the Local Government Act 1993.

2. Notes the effective date for implementation of the revised executive structure for senior staff positions as 1 August 2014.

3. Determines the positions of Directors ‘Senior Staff’ positions subject to performance based contracts in accordance with Section 332 of the Local Government Act 1993.

4. Notes the draft Executive Structure as provided in Attachment 1.

5. Notes the termination of the senior staff positions of Executive Directors and 2 Group Managers.

6.    Notes that the proposed structure will finance the new positions of Property and Commercial Development, Business Improvement and Chief Financial Officer.

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

Clr Hadchiti and Clr Balloot returned to the Chambers at 9.47pm.

Clr Hadchiti retired from the meeting at 9.49pm.

RECOMMENDATION

That Council:

Considers any submissions received and adopts the following amendments to the Statement of Revenue Policy (Fees and Charges) 2014-2015:

1.   Changes to the fee structure for onsite sewerage fees.

2.   New fee structure for 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.   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.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Karnib

That the recommendation be adopted.

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

BRING FORWARD AN AGENDA ITEM

Motion                                   Moved: Mayor Mannoun     Seconded: Clr Harle

That Item GMGO 01 be brought forward and dealt with now.

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

ITEM NO:

GMGO 01

FILE NO:

134681.2014

SUBJECT:

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

RECOMMENDATION

That Council:

1.   Agrees to enter into a Deed of Agreement with the landowner on terms outlined in the confidential attachment including:

1.1  Approve the acquisition of a part of Lot 1 DP 1175057, Progress Circuit, Prestons, containing an area of approximately 13,684 square metres for drainage purposes (drainage land);

1.2 Upon acquisition of the drainage land, classifies a part of Lot 1 DP 1175057, Progress Circuit, Prestons as ‘Community’ land;

1.3 Approve the acquisition of a two metre wide middle strip of land within the  proposed Lyn Parade road extension,  comprising an area of approximately 616 square metres (road extension portion);

1.4 Dedicates the road extension when completed as a public road in accordance with the Roads Act 1993;

1.5 Reimburse the landowner the cost of construction of the two metre wide middle strip of road extension as outlined point 1.3;

2.   Notes the linear and/or square metre areas stated are approximate and subject to final survey. Council approves acquisition and construction costs on a dollar per square/linear metre basis as outlined in the confidential attachment; 

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

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

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Notes the information contained in this report.

2.   Endorses the following proposed new hoarding fees:

       A class – Application fee of $250 and $25 per metre

       B class – Application fee of $500 and $50 per metre.

3.   Directs the Group Manager Planning and Growth to progress an amendment to the adopted 2014/15 Revenue Policy (Fees and Charges) incorporating the revised hoarding fees, including 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.

RECOMMENDATION

That Council:

1.   Approves the extension of the current IHAP appointments for a period of 12 months.

2.   Authorises the Chief Executive Officer to finalise all appointment details and letters of acceptance for panel members.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Waller

That the recommendation be adopted.

Foreshadowed Motion:       Moved: Clr Ristevski           Seconded: Clr Stanley

That Council conduct an expression of interest process to establish a new panel of IHAP members

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

The forshadowed motion (by Clr Ristevski) then became the motion and was declared CARRIED.

RECOMMENDATION

That Council authorises the Common Seal of Council to be affixed to the loan refinancing agreement with National Australia Bank for $4.78m which was drawn on 30 June 2014.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Mayor Mannoun

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion:                                  Moved:Clr Stanley               Seconded:  Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Endorses the Financial Contributions Panel's recommendations for the provision of $10,000 from the 2014/15 Corporate Sponsorship Program as summarised in the table below:

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

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

RECOMMENDATION

That Council appoints the two representatives recommended in the confidential report to positions on the Badgerys Creek Airport Taskforce.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Mayor Mannoun 

That Council defers the appointments to this committee, broadening the membership to ensure that we have the important stakeholders and to ensure true community representation and to include a solicitation of Kathryn Ussia and Briona Jocic as prospective candidates as community representatives if they prove appropriate in the nomination process.

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

RECOMMENDATION

That Council:

1.   Approves the acquisition of Lot 358 DP 1184144, 80 Inverell Avenue, Hinchinbrook, containing an area of 5,077 square metres for the price and terms outlined in the confidential attachment;

2.   Upon settlement of the acquisition, classifies Lot 358 DP 1184144, 80 Inverell Avenue, Hinchinbrook as 'Community' land;

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

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

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Karnib

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Agrees to the acquisition of Lot 200 DP 1194243, Kurrajong Road, Carnes Hill for the increased purchase price outlined in the confidential attachment;

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

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

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Karnib

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Delegate to the CEO authority to utilise funds from the Administration Building Reserve to remediation works;

2.   Authorises the Chief Executive Officer or his delegate to enter into contracts for remediation works within Lot 2 DP 719245, 33 Moore Street, Liverpool;

3.   Notes that in the event that funds are allocated for remediation works a report outlining the works undertaken and costs of works will be submitted to the next available Council meeting.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Karnib

That the recommendation be adopted.

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

RECOMMENDATION

 That Council:

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

2.   Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Karnib

That Council:

1.         Accepts the Tender from RTS Constructions Aust. t/as Automated Parking Systems for Tender - WT2324 for the replacement of car park equipment, management system and maintenance for a five-year contract term for the price of $516,512 plus GST.

2.         Makes public its decision regarding Tender WT2324 - Replacement of car park equipment, management system and maintenance

3.         Notes that the Acting Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4.         Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 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.

RECOMMENDATION

That Council:

1.       Notes the study findings and recommendations contained in the attached report;

2.       Undertakes detailed consultation with the Roads and Maritime Services (RMS) and Transport for NSW to secure their support for implementation of the study recommendations; 

3.       Makes representation to the Minister for Roads and Ports to seek State Government funding to enable the provision of a grade-separated intersection at Hume Highway and Hoxton Park Road intersection;

4.       Undertakes community consultation on the study findings and recommendations; and

5.       Be presented with a further report on an implementation plan following the initial consultation with the community and RMS.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Mayor Mannoun

That the recommendation be adopted.

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

IHAP 01

DA-589/2013 Construction of a six storey residential flat building comprising 17 residential units, and two levels of basement car park; demolition of existing structures and tree removal at 83 Campbell Street, Liverpool

Strategic Direction

Vibrant Prosperous City

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

Key Policy

City Centre Strategy

File Ref

151635.2014

Report By

Venetin Aghostin - Team Leader Statutory Planning

Approved By

Toni Averay - Director Planning & Growth

Property

83 Campbell Street, Liverpool (Cnr Lot 6 DP 30366)

Owner

Windsor Apartments Pty Ltd

Applicant

Windsor Apartments Pty Ltd

That Council approve Development Application No. DA-589/2013 subject to the revised recommended conditions attached.

1.View

Applicant and Land Owner Details (Under separate cover)

2.View

Revised draft conditions of consent (Under separate cover)

3.View

IHAP Report (Under separate cover)

4.View

IHAP recommendation (Under separate cover)

That Council:

1.    Approves the application DA-851/2013, 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 5 to read as follows:

Rear Windows

5.  The windows on the rear elevation shall be reconfigured to increase the area of the window and reduce the sill height to 900mm. Amended plans shall be submitted to the satisfaction of Council’s Service Manager, Development Assessment.

To insert two additional conditions as follows:

Privacy

The windows on the western elevation adjacent to the stairwell must be obscure glazed on the bottom four rows. Details are to be submitted to the PCA with the Construction Certificate application.

The outdoor covered seating area shall be screened by a 1.5 metre high screen to the full width of the southern elevation. Details are to be submitted to the PCA with the Construction Certificate application.   

1.View

Applicant and Land Owner Details (Under separate cover)

2.View

IHAP report (Under separate cover)

3.View

IHAP Recommendation (Under separate cover)

That Council:

1.       Approve the application DA-65/2014, subject to the recommended conditions attached to the IHAP Report, and the following amendments to the Draft Determination Notice as recommended by IHAP:

Add Draft Conditions 20a and 47a to read as follows:

B.   PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE

Amended Landscape Concept Plan – Street Trees

20a.     An amended landscape concept plan is to be submitted to the satisfaction of Council which includes incorporation of twelve (1) street trees, to be planted at appropriate intervals.  The species is to be selected in consultation with Council’s landscape architect.  Details are to be shown on the construction certificate plans.

D.   DURING CONSTRUCTION

47a.     Twelve (12) street trees are to be planted at appropriate intervals, in accordance with the amended landscape concept plan.

1.View

IHAP Report (Under separate cover)

2.View

IHAP Recommendation (Under separate cover)

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:

          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.

1.View

IHAP report for DA 1198 2013 (Council report attachment) (Under separate cover)

2.View

Council resolution - Alterations and additions to the existing dwelling; use of the dwelling as a child care centre; and installation of signage at 4 Bungarra Cres(2) (Under separate cover)

That Council:

1.       Notes the Information contained in this report.

2.       Endorses the proposal to increase the fee for Major Planning Proposals from $30,000 to $30,000 plus cost recovery.

3.       Approves the new Major Planning Proposal Fee and amendments to the Development Application fees to be placed on public exhibition for 28 days and that a further report to Council be provided with any submissions made.

Council

2013/14 Fee

2014/15 Fee

Fairfield Council

$35,000

$35,000

Blacktown Council

Up to $100,000 at discretion of Director

$103,000

Campbelltown Council

$41,250

$42,485