Liverpool City Council

Business Paper

 

 

 

 

Council Agenda

 

 

 

 

 

 

 

 

Ordinary Council Meeting

27 August 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, 27 August 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

Ordinary Council Meeting held on 30 July 2014...................................................................... 5

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NIL

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

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...................................................... 68......... 1

IHAP 02          DA-851/2013 - Construction of a boarding house at 16 Collinsville Place, Miller       74 2

IHAP 03          DA-65/2014 Construction of eight attached 2-storey dwellings; and re-subdivision of land to create eight Torrens title lots at Hugh Terrace and Windsock Avenue, Middleton Grange............................................................................................................ 81......... 3

Development Application Determination Report

DAD 01           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.............................................................................. 88......... 4

Chief Executive Officer Report

NIL

Chief Financial Officer

CFO 01           Planning Proposal Fees and Public Exhibition of Fees and Charges Amendments   96 5

CFO 02           Performance Report June ........................................................................... 101......... 6

CFO 03           Budget Review - June 2014......................................................................... 103......... 7

CFO 04           Investment Report July 2014........................................................................ 130......... 8

CFO 05           Classification of Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool as 'Operational' land 141                                                                                                                           9

CFO 06           Tender WT2307 - Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier                                                                                                                       144....... 10

CFO 07           Proposed Acquisition of Part Lot 201 DP 1194243, Kurrajong Road, Carnes Hill for Open Space and Drainage..................................................................................... 148....... 11

CFO 08           General Power of Attorney........................................................................... 153....... 12

CFO 09           Councillor Briefing Session Terms of Reference......................................... 158....... 13

City Presentation Report

DCP 01           Regional Waste Avoidance and Resource Recovery Strategy................... 172....... 14

Community and Culture  Report

DCC 01          Request for fee waiver - Liverpool Action Group ........................................ 175....... 15

DCC 02          Donations, Grants and Sponsorship............................................................. 178....... 16

Economy and Engagement Report

NIL

Infrastructure and Environment Report

NIL

Planning and Growth Report

DPG 01          Proposed Am 38 Liverpool Local Environmental Plan 2008 Phase 3 Land Reclassifications and Rezonings.................................................................. 192....... 17

DPG 02          Liverpool LEP Amendment No. 50- 900 Cowpasture Rd, Cecil Hills (Sydney Water Site)                                                                                                                       245....... 18

DPG 03          LLEP Draft Amendment No 49 - Removal of Flood Prone Area Mapping from LLEP 261                                                                                                                         19

DPG 04          Draft LLEP 2008 Amendment No 32 (Housekeeping) Post Exhibition Report 287    20

DPG 05          Public Exhibition Outcomes - Draft Liverpool Development Control Plan 2008 (Amendment 15) .......................................................................................... 293....... 21

Committee Reports

CTTE 01         Minutes of the Aboriginal Consultative Committee
Meeting held on 4 June 2014 ....................................................................... 301....... 22

CTTE 02         Liverpool Youth Council Meeting Notes June 2014..................................... 306....... 23

CTTE 03         Heritage Advisory Committee Minutes 3 June 2014.................................... 311....... 24

CTTE 04         Minutes of Economic Development Committee and Events Committee meeting held 6 August 2014.................................................................................................. 318....... 25

CTTE 05         Minutes of the Liverpool Access Committee 12 June 2014......................... 326....... 26

CTTE 06         No Intermodal Committee Meeting Minutes of 1 July 2014......................... 331....... 27

CTTE 07         Minutes of the Budget and Finance Committee 2 July 2014....................... 356....... 28

CTTE 08         Key Sites Master Planning Steering Committee Minutes from meeting held 1 July 2014                                                                                                                       360....... 29

CTTE 09         Minutes of Building Our New City Committee meeting held 2 July 2014.... 366....... 30

CTTE 10         Minutes of the Liverpool Access Committee 10 July 2014.......................... 391....... 31

CTTE 11         Minutes of Tourism and Events Committee meeting held 2 July 2014....... 396....... 32

CTTE 12         Minutes of Economic Development Committee meeting held 2 July 2014. 422....... 33

CTTE 13         Casula Powerhouse Arts Centre Board Minutes from Meeting 17 July 2014 447      34

CTTE 14         Local Traffic Committee Minutes of Meeting held on 16 July 2014............ 452....... 35

CTTE 15         Street Naming Committee Meeting 5 August 2014...................................... 458....... 36

CTTE 16         Liverpool Sports Committee Minutes of Meeting 29 May 2014 .................. 463....... 37

CTTE 17         Minutes of Badgerys Creek Airport Taskforce meeting held 6 August 2014 471        38

CTTE 18         No Intermodal Committee Meeting Minutes 5 August 2014........................ 477....... 39

CTTE 19         Minutes of the Budget and Finance Committee 6 August 2014................... 499....... 40

Correspondence Reports

CORR 01       Incoming and Outgoing Correspondence Report......................................... 503....... 41

CORR 02       Incoming and Outgoing Correspondence Report......................................... 508....... 42

Questions with Notice

QWN 01         Question with Notice - Clr Harle................................................................... 510....... 43

QWN 02         Question with Notice - Clr Shelton................................................................ 513....... 44

QWN 03         Question with Notice - Clr Stanley................................................................ 515....... 45

QWN 04         Question with Notice - Clr Hadchiti............................................................... 517....... 46

QWN 05         Question with Notice - Clr Shelton................................................................ 518....... 47  

Questions Taken on Notice

Presentations by Councillors

Close

 


 

 

 

 

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 30 July 2014

 

 

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Ristevski (arrived at 6.19pm)

Councillor Shelton

Councillor Stanley

Councillor Waller

Mr Carl Wulff Chief Executive Officer

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

Ms Carole Todd, Acting Group Manager Planning and Growth

 

The meeting commenced at 6.01pm

 

 

OPENING                              6.01pm

PRAYER                               The prayer of the Council was read by Reverend Anne Hibbard from Liverpool Uniting Church.

APOLOGIES                         Nil


 

CONDOLENCES               

 

Mr Tom Murphy – Clr Waller

 

Clr Waller read the condolences at the Council meeting for the passing of Mr Tom Murphy.

 

Tom Murphy was a very determined resident who volunteered a huge amount of his time on various committees, spending endless hours and giving up his personal time for the benefit of the community.  He always fully supported the committees he was involved in, attending their meetings, going from one committee to another, always being direct and speaking his mind, yet gaining the respect and support from residents, committee members, Council and State Government staff and achieving so much for so many.

 

An indication of the committees that Tom was involved in are listed below:

 

 

Tom also attended Council’s Community Focus Group for over 15 years as well as Liverpool Transport Task Force, Local Traffic Committee for over 12 years and Council’s Neighbourhood and Community Forums for a number of years, raising local issues with Council for actioning and then reporting these outcomes back to the residents and local committees who relayed their concerns to him and always relied upon him.  He was well known within the community and always a very viable and very active member of all committees he was involved in and determined to achieve a lot for the community to the best of his ability, putting the needs of the community first. 

 

Council would like to acknowledge his contribution to the community and to Liverpool.

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

 

That Council express its deepest condolences for the recent passing of Tom Murphy and a letter of condolence be sent to his family.

 

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

 

 

 

 

 

 

Mr Tom Murphy – Clr Stanley

 

Clr Stanley made the following comments about Mr Tom Murphy:

 

On Friday 18th July I along with my colleagues, Councillors Waller, Karnib, and Harle and the Member for Liverpool Hon Paul Lynch attended the funeral for Mr Tom Murphy. Mr Murphy was truly a member of his community serving on many Council and Community committees which have been detailed previously. Tom was passionate about what he believed in and was truly passionate about what he saw to be unfair or wrong.

 

Tom was born in Scotland on 24th June 1924 and died aged 89 on 13th July 2014. Tom left school at 14 and served an apprenticeship as a boiler maker until he joined the navy during World War Two. Tom was a Morse code operator and was able to translate Morse code in three languages, Japanese, German and English. During his service in the British Navy he made several trip to Australia and decided that if he got married and had children it was here that he would raise his family. He met his wife, Eileen in 1954 and made good his promise to move to Australia in 1961; moving to Busby in 1964 where he has lived ever since.

 

He joined the Labor party when he was 16 and it is through this organisation that I first met Tom almost 20 years ago. He has been active member of the party and of Council committee bringing issues that are raised with him by residents so that improvements could be made for the community in which he lived. He also served on the Liverpool Traffic committee until recently when ill health made this too difficult to continue. Tom is well known for his vigorous debates and forceful opinions on many topics.

 

I offer my sincere condolences to his wife Eileen, and Tom’s children, grandchildren and great grandchildren at this time.

 

 

 

 

Marc Arcuri

 

Mayor Mannoun read the condolences at the Council meeting for the passing of Marc Arcuri.

 

Marc Arcuri passed away on 19 July 2014 after suffering a suspected heart attack whilst playing for Austral soccer club at WV Scott Memorial Park in Austral.

 

Marc was a gentle, kind loving and caring young man who always saw the good in others. The happiness and kindness he brought will always be cherished.

 

Marc’s love for football was one of his favourite pass times and he will be sadly missed. His loss has not only affected his family but the lives of many people, his team, mates, friends and the entire community.

 

Gone too soon, Marc will always be remembered. Our thoughts and prayers are with his family.

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That Council express its deepest condolences to the Arcuri family after the tragic passing of their son.

 

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

 

Confirmation of Minutes

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

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.

 

Declarations of Interest

 

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following Item:

 

Item NOM 05:     Quota 50th Birthday July 2014 Presentation by Councillors

Reason:              One of the new board members is related to him by marriage.

 

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

 

 

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following Item:

 

Item DAD 03:               Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral

Reason:              One of the applicants has attended a Liberal Party fundraising event.

 

As Clr Hadchiti was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.

 

 

Clr Balloot declared a non-pecuniary, less than significant interest in the following Item:

 

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

Reason:                        The applicant is a member of the Australian Arab Business Network of which the Councillor is a member. The applicant has attended a Liberal Party fundraising event.

 

As Clr Balloot was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.

 

 

Clr Balloot declared a non-pecuniary, less than significant interest in the following Item:

 

Item DAD 03:               Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral

Reason:              One of the applicants has attended a Liberal Party fundraising event.

 

As Clr Balloot was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.

 

 

Clr Harle declared a non-pecuniary, less than significant interest in the following Item:

 

Item GMEE 02:            Community and Business Representation - Liverpool Council's Badgerys Creek Airport Taskforce

Reason:                        Pauline Rowe is the secretary of his registered political party.

 

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

 

 

Clr Hadid declared a non-pecuniary, less than significant interest in the following Item:

 

Item DAD 03:               Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral

Reason:              One of the applicants has attended a Liberal Party fundraising event.

 

As Clr Hadid was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.

 

 

Mayor Mannoun declared a non-pecuniary, less than significant interest in the following Item:

 

Item DAD 03:               Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral

Reason:              One of the applicants has attended a Liberal Party fundraising event.

 

As Mayor Mannoun was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.


 

Public Forum

(Presentation – items not on agenda)

                                                                                   

  1. Roueida Maskaleh and Delise Kerehona from The Street University – Ted Noffs Foundation addressed Council in relation to a sponsorship request to support the Pioneers Mega Crew.

 

Clr Ristevski arrived at the meeting at 6.19pm.

 

(Representation – items on agenda)

Three speakers (as listed below) addressed the Council in relation to the following item:

 

NOM 03 – Liquor related Development Applications

 

  1. Dr John Crozier

 

Motion:                                  Moved: Clr Hadchiti                      Seconded: Mayor Mannoun

 

That a two minute extension of time be given to Dr John Crozier.

 

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

 

 

  1. Ms Allison Keogh

 

Motion:                                  Moved: Clr Hadchiti                      Seconded: Mayor Mannoun

 

That a two minute extension of time be given to Ms Allison Keogh.

 

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

 

 

  1. Mr Tony Brown (on behalf of the Casula Community Group for Responsible Planning Inc)

 

Motion:                                  Moved: Clr Hadchiti                      Seconded: Mayor Mannoun

 

That a two minute extension of time be given to Mr Tony Brown.

 

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

 

 

 

Three speakers (as listed below) addressed Council in relation to the following item:

IHAP 01 – DA790/2013 – Stage 2 development of a court approved masterplan in DA-394/2011 for a non-denominational cemetery at 41 Greendale Road, Bringelly (Lot 5 DP 252040).

  1. Ms Dianne Newell

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadchiti

 

That a two minute extension of time be given to Ms Dianne Newell.

 

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

 

 

  1. Ms Cheryl Keane

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid

 

That a two minute extension of time be given to Ms Cheryl Keane.

 

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

 

 

  1. Mr Phil Coxall (on behalf of the applicant)

 

 

Two speakers (as listed below) addressed Council in relation to the following item:

GMPG 03 - Draft LLEP 2008 Amendment No 32 (Anomalies) Post Exhibition Report

 

  1. Ms Kathryn Ussia

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That a two minute extension of time be given to Ms Kathryn Ussia.

 

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

 

 

  1. Ms Briona Jocic

 


 

Clr Balloot left the Chambers at 6.55pm

 

 

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.

 


 

Clr Balloot returned to the Chambers at 6.57pm

 

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.

 


Notices of Motion

ITEM NO:      NOM 01

FILE NO:        164272.2014

SUBJECT:     Bus Shelter in Liverpool LGA

 

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.

 

  1. Be consulted on the final design of bus shelters.

 

 

  1. 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.

 


ITEM NO:      NOM 02

FILE NO:        164377.2014

SUBJECT:     Youth Homeless Services in Liverpool

 

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.

 


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 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.

 


ITEM NO:      NOM 04

FILE NO:        164537.2014

SUBJECT:     Council Committees

 

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.

 

 


ITEM NO:      NOM 05

FILE NO:        164592.2014

SUBJECT:     Quota 50th Birthday July 2014 Presentation by Councillors

 

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.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Waller

 

That Council:

 

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

 

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

 

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

 

  1. 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.

 

 
Independent Hearing and Assessment Panel Report

ITEM NO:      IHAP 01

FILE NO:        124503.2014

SUBJECT:     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)

 

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.


ITEM NO:      IHAP 02

FILE NO:        151287.2014

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

 

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

 

 


ITEM NO:      IHAP 03

FILE NO:        151949.2014

SUBJECT:     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

 

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.

 

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

 

 
Development Application Determination Report

ITEM NO:      DAD 01

FILE NO:        140655.2014

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

 

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.

 


ITEM NO:      DAD 02

FILE NO:        151941.2014

SUBJECT:     Modification to Development Consent No. DA-611/2009 at  No.1 Mill Road Liverpool (Lot 1 100 DP1180561)

 

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.

 

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

 

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.

 

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

 


ITEM NO:      DAD 03

FILE NO:        143905.2014

SUBJECT:     Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral.

 

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

4

Ground Floor Plan

2of 2

Acrom Holdings

Pty Ltd

8 October 2009

2836-A04

4

First Floor Plan 1 of 2

 

Acrom Holdings

Pty Ltd

8 October 2009

2836-A05

4

First Floor Plan 2 of 2

Acrom Holdings

Pty Ltd

8 October 2009

2836-A06

2

Sections and Elevations 1

Acrom Holdings

Pty Ltd

14 September 2008

2836-A07

2

Sections and Elevations 2

Acrom Holdings

Pty Ltd

14 September 2008

2836-A08

4

Sections and Elevations 3

Acrom Holdings

Pty Ltd

8 October 2009

LC01/1-

R13802

 

-

Concept Landscape Plan

 

Michael Siu

Landscape

Architects

5 November 2008

2

CC

Admin Building Ground & First Floor

Acrom Holdings

Pty Ltd

11 September 2013

S96-02

-

Detail Plan

Millennium Design Consultants Pty Ltd

April 2013

 

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

 

Title

Author

Date

Traffic and Car Parking

Assessment Report

Reference No.07197

Transport and Traffic

Associates

 

September 2007

Supplementary Report

Transport and Traffic

Associates

11 June 2008

Noise Acoustic Assessment

Reference No.

R020708nk1589.wpd

Koikas Acoustics Pty Ltd

 

4 July 2008

Bush Fire Hazard Assessment

Report

Building Code and

Bushfire Hazard

Solutions

September 2008

Wastewater Management

Report

Report No. 16908-8

Enviro Tech

Environmental and

Engineering

Consultants

29 October 2008

Contamination Assessment

Phase 1 and 2

Report No.11908-4

Enviro Tech

Environmental and

Engineering

Consultants

4 August 2008

Salinity Report

Report No.REP-16408-4

Enviro Tech

Environmental and

Engineering

Consultants

14 September 2008

Concept Management Plan for

the Educational Establishment

 

 

Document entitled "To demolish

all existing buildings on site and

construct a school (Qaadiri

College), catering for 1000

students with ancillary facilities

and a child care centre catering

for 29 children"

D-Plan Urban

Planning Consultants

Pty Ltd

March 2008

Acoustic assessment report

SLR Consulting Australia Pty Ltd (reference No: 610.13781 S96 L01 20140304)

5 March 2014

                                              

·   
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.


ITEM NO:      DAD 04

FILE NO:        161067.2014

SUBJECT:     Modification to DA-1552/2006 - Road Bridge at Newbridge Road, Moorebank (Lot 6 & 7 DP 1065574 & Pt Lot 105 DP 1070029)

 

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.

 

  1. 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.


Chief Executive Officer Report

ITEM NO:      CEO 01

FILE NO:        155618.2014

SUBJECT:     Local Government NSW Annual Conference

 

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.

 


ITEM NO:      CEO 02

FILE NO:        164528.2014

SUBJECT:     Proposed Organisational Structure

 

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.

 


Council moved into Closed Session at 9.45pm. The public and the media left the Chambers.

 

Clr Hadchiti and Clr Balloot left the Chambers at 9.45pm.

 

 

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.

 

Open session resumed at 9:47pm.

 

 

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.

 

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

 

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

 

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

 

  1. 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.


 

 

 

 


 

ITEM NO:      CEO 03

FILE NO:        162656.2014

SUBJECT:     Adoption of the exhibited amendments to the Revenue Policy (Fees and Charges) 2014-15

 

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.

 


Executive Director Report

ITEM NO:      ED 01

FILE NO:        156374.2014

SUBJECT:     Hoarding Fees

 

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.

 


ITEM NO:      ED 02

FILE NO:        156893.2014

SUBJECT:     IHAP Members

 

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.

 

 
Business Excellence Report

ITEM NO:      GMBE 01

FILE NO:        147029.2014

SUBJECT:     Affixation of the Common Seal of Council

 

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.

 


ITEM NO:      GMBE 02

FILE NO:        149826.2014

SUBJECT:     Statutory Investment Report June 2014

 

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.

 

 
Community and Culture  Report

ITEM NO:      GMCC 01

FILE NO:        130642.2014

SUBJECT:     Quarterly Report on Compliments and Complaints

 

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.

 

 
Economy and Engagement Report

ITEM NO:      GMEE 01

FILE NO:        155177.2014

SUBJECT:     Donations, Grants and Sponsorship

 

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:

 

Applicant name

Amount

Igbo Community Australia

$5,000 + GST

Future Achievement Australia Foundation

$4,000 + GST

Thomas Hassall Anglican College Parents and Friends Association

$1,000

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That Council 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:

 

Applicant name

Amount

Igbo Community Australia

$5,000 + GST

Future Achievement Australia Foundation

$4,000 + GST

Thomas Hassall Anglican College Parents and Friends Association

$2,500

 

 

 

 

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

 


ITEM NO:      GMEE 02

FILE NO:        155980.2014

SUBJECT:     Community and Business Representation - Liverpool Council's Badgerys Creek Airport Taskforce

 

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.

 
Governance Report

 

ITEM NO:      GMGO 02

FILE NO:        148552.2014

SUBJECT:     Acquisition of Lot 358 DP 1184144, 80 Inverell Avenue, Hinchinbrook for drainage purposes

 

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.

 


ITEM NO:      GMGO 03

FILE NO:        151176.2014

SUBJECT:     Acquisition of Lot 200 DP 1194243, Kurrajong Road, Carnes Hill for the purposes of extending Kurrajong Road

 

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.

 


ITEM NO:      GMGO 04

FILE NO:        157890.2014

SUBJECT:     Authorisation of Remediation Works, Lot 2 DP 719245, 33 Moore Street, Liverpool

 

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.

 

 
Infrastructure and Environment Report

ITEM NO:      GMIE 01

FILE NO:        108749.2014

SUBJECT:     Tender WT2324 - Replacement of Car Park Equipment, Management System and Maintenance at the Warren Serviceway Car Park

 

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.

 


ITEM NO:      GMIE 02

FILE NO:        151206.2014

SUBJECT:     Liverpool City Centre Traffic Study - Findings and next steps

 

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.

 

 
CONSIDERATION OF REMAINING ITEMS ON COUNCIL AGENDA

 

Motion:                                  Moved: Clr Waller                Seconded: Mayor Mannoun

 

That all remaining items (as listed below) be deferred to the August Council meeting:

 

GMPG 01, GMPG 03, GMPG 04, CTTE 01, CTTE 02, CTTE 03, CTTE 04, CTTE 05, CTTE 06, CTTE 07, CTTE 08, CTTE 09, CTTE 10, CORR 01, QWN 01, QWN 02, QWN 03 and the presentation by Clr Balloot on his recent trip to China.

 

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

 

 

The Mayor declared the meeting closed at 10.00pm.

 

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     27 August 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  30 July 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

     


68

Ordinary Meeting 27 August 2014

Independent Hearing and Assessment Panel Report

 

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

 

 

Executive Summary

 

Council is in receipt of a development application proposing the construction of a six storey residential flat building at 83 Campbell Street, Liverpool.

 

Pursuant to the Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, this application was referred to the IHAP who recommended that the application …be deferred until the applicant has made the appropriate changes in accordance with the IHAP’s recommendations and the Design Review Panel’s recommendations.

 

Council officers acknowledge the issues raised by the IHAP and provide a detailed response to those issues within the body of this report. Since the IHAP meeting, the applicant has lodged amended documentation to address the issues of concern. Council officers have reviewed the documentation and consider that the development application is now acceptable to be approved in its amended form.

 

The application is recommended for approval.

 

 

 

RECOMMENDATION

 

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

 

 

REPORT

 

Background

Council is in receipt of a development application proposing the construction of a six storey residential flat building at 83 Campbell Street Liverpool.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration, and is now referred to Council for consideration and determination, as the proposed development a multi-storey building in the Liverpool City Centre; and also because it involves a variation to the building separation development standard of the Liverpool Local Environmental Plan (LLEP), 2008 of more than 10%.

 

At their meeting on 30 June 2014, IHAP recommended that the application be deferred until the applicant has made the appropriate changes in accordance with the IHAP’s recommendations and the Design Review Panel’s recommendations.

 

The reason for the recommendation was explained as follows:

 

The Panel have inspected the site, the plans and have read the Council officer’s report. The Panel is of the view that there are aspects of the proposal to recommend, that is the amount of sunlight penetration and the cross ventilation within each unit and zero setback to the western boundary is recommended, however the site is a prominent corner in the city centre and requires an appropriate design response. The Panel is of a view that this design response has not been made in the drawings before it.

 

The external façade composition, material choice and the specification of materials and colours are inadequate. The inadequacies relate to the design response to a prominent corner site and the failure to give sufficient information regarding materials and colours. The same comments apply to the landscape plan where more details are required, such as, the extent of on-slab planting etc.

 

The Panel suggests that a further opinion is obtained from the applicant’s transport planner with respect to the interaction with the adjacent traffic signals. This has not been considered in the current traffic report.

 

The Panel recommends that the amended drawings be referred to the Design Review Panel for comment.

 

The issues raised by IHAP have been addressed within this report, and are generally considered to now be resolved, via the submission of amended documentation from the applicant which now addresses the issues of concern.


The proposal

The development application seeks consent for the construction of a six storey residential flat building comprising a total of 17 residential units; two basement levels providing for a total of 23 car parking spaces; and ancillary works. The height of the building is 21.8m and the Floor Space Ratio (FSR) is 1.99:1 (based on a Gross Floor Area (GFA) of 1,353m2 and site area of 676.6m2.    

 

The site

The site is identified as Lot  6 DP 30366, and is known as 83 Campbell Street, Liverpool. The site has a total land area of 676.6m2. The site is a corner allotment with a secondary frontage to Bathurst Street.

 

Figure 1: Aerial Photograph

 

The issues raised in the planning report

The main issue identified by the planning report with respect to the proposal relates to the proposed variation to the minimum building separation requirement prescribed by Clause 7.4 of the LLEP 2008.

 

Clause 7.4 requires a 9m separation between this proposal and an approved residential flat building on the west-adjoining land which has approval for a nil setback to the common boundary between the sites. This development also proposes a nil setback along the western boundary which would result in a nil building separation between the two buildings.

 

Compliance with the LLEP’s building separation standard of 9m is unrealistic and unnecessary in this instance, given the adjoining land has a similar approval for a building on the boundary. The variation is considered to be acceptable in the circumstances of this case, as outlined in the planning report to IHAP, attached under separate cover.

 

The issues raised by IHAP

The issues identified by the IHAP after their review of the planning report primarily related to the impact of the development on nearby traffic signals; a redesign of the development; and a further review by the independent Design Review Panel (DRP).

 


Impact on traffic signals

The first issue relating to the impact on traffic signals has already been addressed by Council’s planning officers. IHAP …suggests that a further opinion is obtained from the applicant’s transport planner with respect to the interaction with the adjacent traffic signals… on the basis that this issue …has not been considered in the current traffic report…:

 

However, a further opinion from the applicant’s consultants is unnecessary as this issue has been considered to be acceptable. Council’s internal Traffic and Transport Section specifically provided the following advice in relation to this issue:

 

The proposed development is approximately 20m from traffic signals at the Bathurst Street and Campbell Street intersection. It is considered that right turning manoeuvres at the proposed development are likely to have impact on traffic in Campbell Street especially during peak periods. It is recommended that movement from the proposed development is restricted to left-in and left-out either by providing minimum 900 wide central median in Campbell Street or configuring the driveway for left-in and left-out manoeuvres only.

 

Accordingly, the following Draft Condition No. 17 was recommended in the planning report referred to IHAP:

 

Left-Turn Only’ Traffic Movements Plan

 

17. A design plan shall be submitted to Council’s Traffic Section for approval, illustrating that vehicular access to the development will be limited to left-turn-in into the site, and left-turn-out out of the site, only.

 

In this regard, a further opinion from the applicant’s consultants is unnecessary.

 

Redesign and Amended Plans

The second issue pertaining to the redesign of the development has been addressed via the applicants’ submission of amended plans which fully address the IHAP and DRP issues of concern.

 

IHAP stated that …the site is a prominent corner in the city centre and requires an appropriate design response. The Panel is of a view that this design response has not been made in the drawings before it…The external façade composition, material choice and the specification of materials and colours are inadequate. The inadequacies relate to the design response to a prominent corner site and the failure to give sufficient information regarding materials and colours. The same comments apply to the landscape plan where more details are required, such as, the extent of on-slab planting etc…The Panel recommends that the amended drawings be referred to the Design Review Panel for comment.

 

The amended plans addressed the IHAP concerns as follows:

 

·    The corner element of the building is accentuated with a corner curtain wall which reflects the curved corner of the site.

·    Submission of a detailed Materials Schedule clearly identifying the materials and finishes to be utilised on all components of the development. 

·    Landscaping amendments including:

Front fence amended to reflect the ‘urban’ character; fence extended around the ground corner unit; and low height fence added around the common open space.

Deep soil area identified; a simplified plantation scheme added; and planting details and quantities provided.

Driveway reduced to 6.1m to reduce extent of hard-paved areas.

 

Overall, the development in its amended form is considered to be an appropriate response to this corner site; maintains an appropriate façade composition; incorporates an acceptable choice of material; and provides the necessary level of detail of planting.

 

The draft recommended conditions of consent previously reported as part of the IHAP report have been updated and amended to reflect the amended plans, and form an attachment to this report.

 

Review by DRP

The third IHAP issue relating to a further DRP review is considered unnecessary as Council’s planning officers have assessed and considered the DRP’s comments relating to design aspects of the proposal and consider the amended proposal to be acceptable.

 

It is noted that the independent advice of the DRP was obtained by Council officers when the application was originally lodged. The DRP’s advice to Council officers was that, provided the application was amended to incorporate the recommendations of the DRP, satisfactory design excellence could be achieved in accordance with provisions of the LLEP 2008.

 

The application has since been amended several times by the applicant to address Council’s concerns with the proposal. The recent amendments responding to the IHAP concerns have been evaluated by Council officers taking into account advice of the DRP. It is concluded that the amendments appropriately address the DRP recommendations and that a further review by the DRP would be unnecessary, hence, the application is being reported to Council for determination, without a further referral to the DRP.

 

It should be noted that planning officers have satisfied Council’s obligations under State Environmental Planning Policy (SEPP) No. 65 – Design Quality of Residential Flat Development with respect to obtaining and considering the advice of the DRP. It is considered that a further review by the DRP is unnecessary. Any further delay would be unreasonable as it is unlikely that a further review would lead to a development outcome that would be significantly different in comparison to the current amended proposal.

 

Exhibition of the proposal

The application was advertised and publicly notified to surrounding properties for a period of 14 days between 3 July 2013 to 18 July 2013 in accordance with the Liverpool Development Control Plan (LDCP) 2008. No submissions were received.

 

Conclusion

Pursuant to the assessment of the application in accordance with the provisions of the Environmental Planning and Assessment (EP&A) Act 1979 and the LLEP 2008, it is considered that the proposed development is acceptable. Accordingly, the application is recommended for approval.

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Applicant and Land Owner Details (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)

  


74

Ordinary Meeting 27 August 2014

Independent Hearing and Assessment Panel Report

 

IHAP 02

DA-851/2013 - Construction of a boarding house at 16 Collinsville Place, Miller

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

175913.2014

Report By

Melissah Osland - Senior Development

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 22 DP 221267

16 Collinsville Place, Miller

Owner

Avoser Pty Ltd

Applicant

DeAngelis Taylor and Associates

 

 

Executive Summary

 

Council is in receipt of a development application proposing the construction of a boarding house containing eleven boarding rooms within a part single storey and part three storey building. Also proposed is the creation of a stormwater easement through a property to the rear known as No. 19 Cabramatta Avenue, Miller or Lot 3 DP 22167.

 

The site is zoned R4 High Density Residential pursuant to the Liverpool Local Environmental Plan 2008. The proposal is defined as a ‘boarding house’ and is permissible in the R4 zone, subject to Council consent.

 

The 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 privacy.

 

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

 

 

 

RECOMMENDATION

 

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.   

 

REPORT

 

Background

 

The development application seeks consent for the construction of a boarding house containing eleven boarding rooms within a part single storey and part three 3 storey building; including creation of a stormwater easement through the rear property known as Lot 3 DP 22167, 19 Cabramatta Avenue, Miller.

 

The site is zoned R4 High Density Residential pursuant to the Liverpool Local Environmental Plan 2008. The proposal is defined as a ‘boarding house’ and is permissible in the R4 zone, subject to Council consent.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal is referred to IHAP for consideration as the proposal seeks a Clause 4.6 variation to the minimum building street frontage under Clause 7.14 of Liverpool Local Environmental Plan 2008 (LLEP 2008).

 

At their meeting on 28 July 2014, IHAP made the following recommendations:

 

The Panel is concerned about potential overlooking through the extensive glazing on the western elevation, adjacent to the stairwell. The Panel recommends that the glazing be translucent to restrict direct viewing across the side boundary for all the glazing except for the top row of panels. The objective is to restrict viewing across the side boundary but to allow views to the sky through the top two panels.

 

The Panel is concerned about potential overlooking of the backyards of the properties to the south from the proposed outdoor covered seating area. To address this impact, the Panel recommends that a 1.5 metre high privacy screen be installed across the full width of the southern elevation of the outdoor seating area.

 

The Panel notes that the proposed drainage line through the property at 19 Cabramatta Avenue appears to be surface flow only. The Panel suggest that Council’s drainage engineer is satisfied that this type of drainage arrangement is appropriate.

 

The Panel supports condition 5 to reduce the sill height of the south facing bedroom windows. The Panel recommends that the condition be altered to require the windows to be reconfigured with a 900mm high sill.

 

The Panel recommends that Council grant development consent to DA-851/2013 subject to the deferred commencement conditions and other conditions recommended by Council officers as supplemented by the Panel’s recommended conditions as outlined in these minutes.

 

The Proposal

 

The development application seeks consent for the construction of a boarding house comprising 11 boarding rooms. Further details of the application are provided below:

 

Building Design

 

·    Construction of a boarding house comprising of 11 boarding rooms for single lodgers only, each with kitchen and bathroom facilities;

·    The development is single storey at the front and three storeys at the rear;

·    The highest point of the building, measured from natural ground to the ridge is 9.14m;

·    Total Gross Floor Area (GFA) of the development is 390m2 with Floor Space Ratio (FSR) of 0.67:1 (based on GFA 390m2 and site area of 575m2); and

·    Building materials primarily include metal deck roof; rendered and painted  brick walls in various shades of black and grey; fibre cement cladding,  aluminium framed windows; and a face brick feature wall.

 

Vehicular and Pedestrian Access

 

·    Vehicular access is provided from Collinsville Place via a 5 metre wide driveway providing direct at grade access to the garage.

·    Pedestrian access is provided from Collinsville Place via a common footpath entrance.

 

 

 

 

 

Parking Provisions

 

·    Car parking for 2 spaces is provided. 

·    Bicycle parking to accommodate 3 bicycles, located adjacent to the garage.

·    Motorcycle parking is not provided. A condition of consent is recommended in this regard.

 

Floor Layouts

 

·    Upper Level Floor: The upper floor level contains a double garage and the entry/foyer area. A large void area is also provided which facilitates in allowing natural light to penetrate down into the common room below. Access to mid-level floor and lower level floor are provided by a lift or stairs.

·    Mid-Level Floor: Contains six boarding rooms including one accessible boarding room. A common room with an area of 45m2 is also provided.

·    Lower Level Floor: Contains five boarding rooms including one accessible boarding room. A common room with an area of 44m2 is provided, as well as a laundry room and store room.

 

Landscaping and Private Open Space

 

·    The development provides a total of 223m2 of landscaped area which equates to 38.8% of the site area.

·    The front setback comprises a combination of soft landscaping and deep soil planting for medium to large plantings while the rear setback is predominately turfed with some medium plantings along the side boundaries for additional privacy. 

·    The development provides 184m2 of private open space, which includes an outdoor covered seating area.  Direct access to the private open space, is from the lower level communal area.

 

Stormwater Drainage

 

·    Stormwater runoff will be conveyed to the existing stormwater system in Cabramatta Avenue via a proposed drainage easement. The drainage easement is proposed to be created over the downstream property (Lot 3, DP 221267, 19 Cabramatta Avenue Miller) and will consist of a 1m wide unlined drain along the southern side boundary. Owners consent has been provided by the owners of No. 19 Cabramatta Avenue, Miller for lodgement of the application.

·    An on-site detention (OSD) tank will be provided within the rear yard that will connect to the proposed drainage easement.

 

The Site

 

The site is an irregular shaped lot known as 16 Collinsville Place, Miller being Lot 22 DP 221267. The site has an area of 574.4m2 with a frontage of 16.1m to Collinsville Place and is currently vacant. The site has a fall of approximately 7.7m over a distance of 30m from its northern to southern boundary.  The site is not affected by any easements or restrictions.

 

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.

 

Privacy

 

Panel Comment:

The Panel is concerned about potential overlooking through the extensive glazing on the western elevation, adjacent to the stairwell. The Panel recommends that the glazing be translucent to restrict direct viewing across the side boundary for all the glazing except for the top row of panels. The objective is to restrict viewing across the side boundary but to allow views to the sky through the top two panels.

 

The Panel is concerned about potential overlooking of the backyards of the properties to the south from the proposed outdoor covered seating area. To address this impact, the Panel recommends that a 1.5 metre high privacy screen be installed across the full width of the southern elevation of the outdoor seating area.

 

Response:

 

The panel recommendations will ensure the amenity of adjoining properties. Conditions are proposed to address these recommendations as outlined above.

 

Drainage Easement

 

Panel Comment:

The Panel notes that the proposed drainage line through the property at 19 Cabramatta Avenue appears to be surface flow only. The Panel suggest that Council’s drainage engineer is satisfied that this type of drainage arrangement is appropriate.

 

Response:

 

Council’s Drainage Engineer has reviewed the proposal and has found overland flow satisfactory as per the following comments:

 

A detail design of the OSD will be required at the Construction Certificate stage and it should include all the calculations (as per Council On-Site Stormwater Detention Technical Specification and Policy) and DRAINS model shall be submitted within Construction Certificate for further assessment.

 

An overland flow path through the downstream property is shown on the revised plan to account for emergency spillwavs or overflows. The existing structure, metal shed and chicken coop, located within the proposed easement on Lot 3 DP221267 will be relocated to allow for free overland flow path over the easement.

 

Conditions are recommended to reflect the above.

 

Amenity of Boarding Rooms

 

Panel Comment:

The Panel supports condition 5 to reduce the sill height of the south facing bedroom windows. The Panel recommends that the condition be altered to require the windows to be reconfigured with a 900mm high sill.

 

Response:

 

Condition 5 has been amended to reflect this. A high level of amenity for the boarding rooms facing the rear will be provided by 900mm sill heights.

 

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 discussed within this report.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.

 


Social and Cultural

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


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Applicant and Land Owner Details (Under separate cover)

2.View

IHAP report (Under separate cover)

3.View

IHAP Recommendation (Under separate cover)

  


81

Ordinary Meeting 27 August 2014

Independent Hearing and Assessment Panel Report

 

IHAP 03

DA-65/2014 Construction of eight attached 2-storey dwellings; and re-subdivision of land to create eight Torrens title lots at Hugh Terrace and Windsock Avenue, Middleton Grange

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

178250.2014

Report By

Ruth Bennett - Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lots 201-205 and Part Residue Lot 215 DP 1169240 Hugh Terrace, Middleton Grange

Owner

Danallam Developments Pty Ltd

Applicant

Danallam Developments Pty Ltd

 

 

Executive Summary

 

Council is in receipt of a Development Application proposing the construction of attached housing including Torrens title subdivision, having the following key components:

 

·    The creation of eight lots from proposed Lot 205.  The proposed small lots will range in size from 254.6m2 to 356.3m2.  Six of the lots do not comply with the minimum lot size requirement of 300m2 prescribed by Clause 4.1 of LLEP 2008.  (Note: a separate development application being DA-1285/2013 was granted approval on 4 April 2014 for the consolidation of Lots 201-205 and Part Residue Lot 215 into one large lot.  Proposed Lot 205 is subsequently being re-subdivided under this DA, but is not currently registered.)

·    The construction of five attached dwellings over five of the proposed lots

·    The construction of three attached dwellings over three of the proposed lots

·     Floor Space Ratio (FSR) ranges from 0.54:1 to 0.78:1.  One dwelling exceeds the allowable FSR.

This application was referred to the Independent Hearing and Assessment Panel (IHAP).  IHAP recommended that the application be approved as per the Officer’s recommendation, subject to the imposition of additional conditions of consent requiring the planting of twelve (12) street trees. 

 

The application has been considered in the context of the applicable planning instruments and merit.  It is considered that the application should be approved, subject to the imposition of additional conditions of consent being added to the recommended conditions of consent. 

 

 

RECOMMENDATION

 

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.

 

 

REPORT

 

Background

Council has received and considered a development application proposing the construction of attached housing including Torrens title subdivision.  The key components are as follows:

 

·    The creation of eight lots from proposed Lot 205

·    The construction of five attached dwellings over five of the proposed lots

·    The construction of three attached dwellings over three of the proposed lots.

 

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

 

At their meeting on 30 July 2014, the IHAP made the following recommendation:

 

The panel agrees with the recommendation contained within the assessment report subject to the inclusion of additional conditions of consent to address the following point:

 

The Panel notes that there are no details of street tree planting on the landscape concept plan.  The Panel recommends that a condition be imposed requiring the planting of 12 street trees at appropriate intervals with species selected in consultation with Council’s landscape architect.  Details to be shown on the construction certificate plans.

 

The proposal

The application seeks consent for the construction of attached housing including Torrens title subdivision, having the following key components:

 

·    The creation of eight lots from proposed Lot 205.  (Note: proposed Lot 205 was approved under DA-1285/2013, but not currently registered.)  These lots will range in size from 254.6m2 to 356.3m2.  Six of the lots do not comply with the minimum lot size requirement of 300m2 prescribed by Clause 4.1 of LLEP 2008.  (Note: a separate development application being DA-1285/2013 was granted approval on 4 April 2014 for the consolidation of Lots 201-205 and Part Residue Lot 215 into one large lot.  Proposed Lot 205 is subsequently being re-subdivided under this DA.) 

·    The construction of five attached dwellings over five of the proposed lots

·    The construction of three attached dwellings over three of the proposed lots

·     Floor Space Ratio (FSR) ranges from 0.54:1 to 0.78:1.  One dwelling exceeds the allowable FSR.

The proposed subdivision plan is shown below.

 

 

 Figure 1 – Submitted Proposed Subdivision Plan

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

 

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

·    Clause 4.4 of the LLEP 2008, which prescribes the maximum floor space ratio requirement.

 

The applicant has provided architectural plans to enable consideration of the proposal with respect to Council’s relevant development controls and standards.

 

The site

The subject application proposes works affecting several existing registered lots, which are legally described as follows:

 

·    Lots 201, 202, 203, 204 DP 1169240 Hugh Terrace, Middleton Grange

·    Lot 205 DP 1169240, No. 2 Windsock Avenue, Middleton Grange

·    Part Residue Lot 215 DP 1169240, Southern Cross Avenue, Middleton Grange.

The site is zoned R1 - General Residential.  The subject site is irregular in shape, having an area measuring 2,340m2 and is currently vacant.  The site has been cleared, and earthworks, drainage, and utilities associated with the subdivision undertaken under DA-505/2011 have been completed. 

 

 

 

 

 

 

 

 

 

 

 

 

SUBJECT SITE

 

 

Figure 2 - DA-1285/2013 – Approved Plan of Subdivision

SUBJECT SITE

 
 

IHAP Recommendation

The IHAP recommendation seeks to minimise the potential impacts of the proposed development through the imposition of adequate landscaping, to improve the amenity of the neighbourhood. 

The recommendations of the Panel are summarised and discussed below:

The Panel notes that there are no details of street tree planting on the landscape concept plan.  The Panel recommends that a condition be imposed requiring the planting of 12 street trees at appropriate intervals, with species selected in consultation with Council’s landscape architects.

It is evident that the IHAP recommendation would improve the design outcome of the proposed subdivision and multi-dwelling proposal, particularly in terms of the additional landscaping recommended with the planting of twelve street trees on Hugh Terrace, Windsock Avenue, and proposed Holden Terrace.  The street tree planting will improve the level of amenity in the public space along the street frontage on the north-western boundary of the site, and will reduce potential impacts that may arise from the proposed development.

The Panel agrees with the Council officer’s assessment of the proposed variation to the minimum lot size in Clause 4.1 and the maximum floor space ratio for proposed Lot 2054 in Clause 4.4 of LLEP 2008.

On this basis, in accordance with the IHAP recommendations and the assessment conducted above, it is recommended that the following conditions be included in the consent 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.

 

Conclusion

The application has been assessed against the relevant considerations prescribed by Section 79C of the Environmental Planning and Assessment Act 1979 and is worthy of support.  On this basis, the application is recommended for approval, subject to the draft conditions contained within the Council officer’s IHAP report, and the additional conditions contained herein.

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

 

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.

 


Social and Cultural

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


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

IHAP Report (Under separate cover)

2.View

IHAP Recommendation (Under separate cover)

   


87

Ordinary Meeting 27 August 2014

Development Application Determination Report

 

DAD 01

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

184877.2014

Report By

Brendon Clendenning - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

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, and subject to the imposition of additional conditions of consent relating to design, traffic management and landscaping. The conditions recommended by IHAP were considered to be appropriate and it was recommended that they be incorporated into the recommended conditions of consent.

 

At its meeting on 30 July 2014, Council resolved to defer the application to the next Council meeting after the Councillors have had the opportunity to review the objections received. The information contained within the objections has been summarised within this report.

 

 

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 was referred to Council for consideration and determination, as the proposal has received 12 objections.

 

At their meeting on 30 June 2014, IHAP recommended that the application be approved subject to conditions requiring design amendments. Council Officers considered the recommendation of IHAP in a report made to Council. At their meeting on 30 July 2014, Council resolved as follows:

 

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

 

 

 

 

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

 

Council Resolution

 

The application register had included the names of thirteen parties who had made a submission to this application. A review of the document management system has identified that there are twelve individual responses recorded on the file. The reason for the discrepancy is that two objectors were registered individually, despite submitting a combined letter, and providing an identical postal address.

 

 

It is noted that the applicant had raised concerns about a potential inconsistency in Council’s recording of the number of submissions that had been received. The cause of the inconsistencies may be partly explained by the following:

 

·    Of the twelve located submissions, one of those was a letter from a neighbour of a nearby child care centre, which was forwarded to Council by the applicant. This letter stated that the signatory did not have any complaints about the operation of the centre near their residence. This letter was registered as a letter of support for the application.

·    Several of the letters did not specifically state an objection to the development. However, these letters were registered as objections, as they had raised concerns with the application and the information submitted with the application, and they did not explicitly state any support for the application.

·    The applicant had requested a copy of the objections, which was sent to the applicant with the personal details of the objectors removed. However, one of the submissions was not recorded electronically at that time and was not sent to the applicant. This submission raised parking, traffic and pedestrian safety issues, which were similar to issues raised by other objectors.

 

Aside from the letter of support, all of these submissions were received prior to the closing date of 7 February 2014. A range of issues were identified within the submissions received by Council. Many of the issues were raised by more than one objector. The issues within the submissions were categorised broadly and outlined within the report that was prepared for the IHAP meeting. This information is reproduced below:

 

ISSUE 1:         There are already childcare centres within the immediate vicinity, and there are more appropriate areas for the location of a child care centre.

 

Comment:      The proposal satisfies the requirements of the LDCP 2008, which require child care centres to be provided on sites that are not located:

·     Adjacent to industrial activities.

·     Closer than 300m to another childcare centre.

·     On a classified road.

·     On a Road carriageway with a width of less than 6.5m.

·     On a cul-de-sac.

 

The proposal is permissible within the zone, and may be provided on the subject site.

 

ISSUE 2:         Traffic congestion, particularly during the morning and afternoon, and on Bungarra Crescent, Bangalow Avenue and Nuwarra Road.

 

Concerns were also raised that the initial Traffic Report was not undertaken during AM and PM peak school hours, when nearby schools are busiest.

 

Comment:      A traffic report has been submitted with the proposal which indicates that the proposal would not create undue traffic impacts on surrounding streets.

 

An additional assessment of peak morning and afternoon periods was submitted to Council on 28 March 2014, which also concluded that the proposal was satisfactory with respect to traffic generation.

 

ISSUE 3:         Insufficient parking

 

Comment:      Amended plans were submitted which provided an additional parking space on the site, in order to achieve compliance with the LDCP. There is no basis under Section 79C of the Environmental Planning and Assessment Act 1979 for requiring additional parking beyond this requirement.

 

ISSUE 4:         Acoustic impacts to neighbouring residential properties, and uncertainty as to the accuracy of the Acoustic Report.

 

Comment:      The application was accompanied by an acoustic report, which demonstrated that the proposal would be able to comply with relevant noise legislation, subject to the provision of an acoustic fence at the rear.

 

                        The report was prepared by an accredited acoustic consultant, and reviewed by Council, and there is no evidence to suggest that the findings are not accurate.

 

ISSUE 5:         Acoustic testing was based on data gathered for a facility with only 8 children

 

Comment:      The applicant responded to this matter by providing a letter from the appointed acoustic consultant, who advised that the collected data was adjusted using a percentage of sound calculation for noise levels for the proposed fifteen children in external areas. This methodology is considered to be sound.

 

ISSUE 6:         Safety Issues for school children and nearby immobile residents, due to increased traffic, insufficient parking and new vehicle crossings.

 

Comment:      There is no evidence to indicate that the proposal will create adverse impacts on safety of pedestrians (including children and immobile persons) within the vicinity of the site. The proposal will not create any substantial changes to the existing conditions for pedestrians and vehicles within the vicinity of the site. The new vehicle crossing must be designed to the satisfaction of Council.

 

ISSUE 7:         Potential Errors within Statement of Environmental Effects (SOEE), as follows:

·   Neighbourhood shops are located on Longstaff Avenue provide parking for staff and patients.

 

·   Bungarra Crescent does not connect directly to Alfred Road. Bungarra Crescent is the only western exit from the local estate and connects to Nuwarra Road. Cars must turn right from Bungana Crescent into Nuwarra Road and then into Alfred Road.

 

Comment:      The SOEE does not imply that parking is available at the nearby shops. While the error with relation to Alfred Road is noted, it does not influence the assessment of the proposal, and relates only to descriptive components of the SOEE.

 

ISSUE 8:         Potential for asbestos removal has not been addressed within application.

 

Comment:      A condition is recommended that requires any asbestos removal to be carried out in accordance with the requirements of WorkCover NSW and the Environment Protection Authority.

 

ISSUE 9:         Inconsistency with existing fencing height provided within submission documents.

 

Comment:      The acoustic report details that a fence is proposed to minimise the acoustic impacts to neighbouring properties. It is acknowledged that the existing fences on the site vary in height. However, the height of the existing fencing does not influence the assessment of the application, and the height of the proposed fencing has been considered in this assessment.

 

ISSUE 10:      Potential Hours of operation unclear, given conflicting information within Statement of Environmental Effects and Traffic Report.

 

Comment:      This was addressed by the applicant, who outlined the hours to be 7:00am to 6:00pm.

 

ISSUE 11:       Visual quality of the surrounds will not be improved.

 

Comment:      The proposal is of a satisfactory visual appearance.

 

ISSUE 12:       Loss of privacy to 10 Nuwarra Road Chipping Norton (inspection requested)

 

Comment:      The proposal is single storey only and would not present any adverse impacts to the visual privacy of neighbouring dwellings. Acoustic privacy has been addressed elsewhere.

 

ISSUE 13:       Subject site is adjacent to a site with a swimming pool, which may be inappropriate for a childcare centre.

 

Comment:      Child care centres do not need to be located away from swimming pools, and to require such, would be an unreasonable constraint on the establishment of childcare centres.

 

The Swimming Pools Act 1992 requires the landowner of the site containing the swimming pool to undertake specific measures to minimise the risk to safety associated with the swimming pool.

 

ISSUE 14:       The position of the property does not fall into most of DOCSs guidelines as stated in Southern Sydney Regional Organisation of Councils (SSROC) discussion paper on Planning Requirements for Childcare Centres (Sept 2005).

 

Comment:      There is no requirement to comply with these guidelines.

 

Conclusion

 

The application has been assessed against the relevant considerations prescribed by Section 79C of the Environmental Planning and Assessment Act 1979 and the information contained within the submissions has been summarised herein. The application is considered worthy of support, and 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 (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)

   


95

Ordinary Meeting 27 August 2014

Chief Financial Officer

 

CFO 01

Planning Proposal Fees and Public Exhibition of Fees and Charges Amendments

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Long-Term Financial Plan

File Ref

182314.2014

Report By

Miles Carter - Project Officer - Strategy and Performance

Approved By

Hiba Soueid - Service Manager Corporate Strategy and Performance

 

 

Executive Summary

 

The purpose of this report is to recommend changes to the Revenue Pricing Policy (Fees and Charges) 2014-15.

 

It is proposed to increase the current fee for Major Planning Proposals to $30,000 plus cost recovery. This will allow Council to pass many of the costs associated with larger proposals to the applicant and is comparable to other larger Sydney council’s.

 

In addition, at the 7 May 2014 Council meeting, Council resolved to place the draft 2013-2017 Delivery Program and 2014-2015 Operational Plan (including Statement of Revenue Policy, Fees and Charges) on public exhibition. Following the public exhibition period of the amended fees and charges, it was discovered that several fees were not aligned to the correct description. This error impacts on two pages of the ‘Development Application’ fees.

 

It is proposed to re-exhibit both the amendments to the development application fees with the correct alignment and the increased Major Planning Proposals Fee which includes cost recovery.

 

RECOMMENDATION

 

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.

 

 

 

REPORT

 

Major Planning Proposals Fee

 

It is proposed to amend the fee for Major Planning Proposals that seek rezoning and/or additional use of one or more properties, and/or require amendment of multiple clauses of development standards and supporting maps.  Currently the fee is set at $30,000. 

 

Benchmarking has been conducted with other relevant councils for major proposals and results are noted as follows:

 

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

Penrith Council

$92,791

$95, 296

Parramatta Council

$36,000 - $83,000 at discretion of CEO

$86,528

Sutherland Council

$20,000 plus cost recovery

$20,000 plus cost recovery

 

It is proposed to increase the current fee for Major Planning Proposals to add a cost recovery component.  Currently, the application fee is applied to Council’s costs in conducting the detailed assessment required for the consideration of complex and significant proposals.  However, there is often a requirement to engage external professional experts and consultants to undertake supporting studies and provide reports on environmental, economic, traffic, flooding and broader planning implications and to undertake associated modelling.  The cost of these studies should be met by the applicant. 

 

Accordingly it is proposed to amend the fee structure to provide for these charges to be passed on to the applicant on a cost recovery basis.

 

The new recommended fee is $30,000 plus cost recovery.

 

Development Application Fees

 

Council has made several amendments to The Statement of Revenue Policy (Fees and Charges) since the initial adoption by Council at its meeting on 20 June 2014. These have been placed on public exhibition and reported back to Council where applicable.

 

Following public exhibition, a misalignment error on two pages of the Fees and Charges was discovered. This error occurred in the Statutory Planning – Category 1 Development Applications Subdivisions fees and subsequent pages (amended pages attached). In total, eleven fees have been misrepresented in the document and as a result it is recommended that these fees be re-exhibited.

 

CONSIDERATIONS

 

Economic and Financial

The financial implications for each of the fees and charges have been outlined in the attached documents and report.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Encourage the community to engage in Council initiatives and actions.

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

Ensure Fees and Charges are equitable.

 

 

 

ATTACHMENTS

 

1.View

Amended DA Fees Pages

  


99

CFO 01

Planning Proposal Fees and Public Exhibition of Fees and Charges Amendments

Attachment 1

Amended DA Fees Pages

 


 


100

Ordinary Meeting 27 August 2014

Chief Financial Officer

 

CFO 02

Performance Report June

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Local Government Act 2003

File Ref

182955.2014

Report By

Sneha Sabu - Senior Project Officer

Approved By

Hiba Soueid - Service Manager Corporate Strategy and Performance

 

 

Executive Summary

 

The quarterly performance report provides an overview of Council’s performance against the 4-year Delivery Program and Operational Plan for the April to June period. It demonstrates key operational achievements and provides information and statistics for key areas of Council’s operations during the period.

 

By the end of the June quarter, 93% of actions in the Delivery Program and Operational Plan were on track for completion or completed. Of the 7% of actions experiencing delays, 6% percent were delayed or rolled over to 2014-15 and 1% of actions were not completed.  Explanations for all delayed or not completed actions have been provided in the report.

 

RECOMMENDATION

 

That Council receives and notes the June 2014 Performance Report which outlines the progress of all principal activities contained in the 4-year Delivery Program and Operational Plan.

 

REPORT

 

On 26 June 2013, Council adopted the Growing Liverpool 2023, Community Strategic Plan. Growing Liverpool 2023 outlines the community’s vision and priorities for the Liverpool area and contains 7 directions and corresponding strategies for Liverpool. It was developed following an extensive community consultation and engagement process. The Plan sets the direction for Council's operations and services for the next ten years.

 

Section 404(5) of the Local Government Act (1993) requires the Chief Executive Officer to ensure that regular progress reports are provided to the Council at least every six months with respect to the principal activities detailed in its four year Delivery Program. This is an important mechanism that enables Council and the public to monitor progress. To comply with the requirement to provide regular progress reports at least every six months, Council receives quarterly performance reports.

 

The 4-year Delivery Program and Operational Plan 2013-14 is Council’s commitment to the community .It details the principal activities that Council will deliver towards achieving the community vision and directions outlined in Growing Liverpool 2023. Each principal activity has several actions for the 2013-14 year, these actions make up Council’s annual Operational Plan.

 

This report provides details of a comprehensive review of the April to June quarter, which was undertaken to determine Council's progress against the principal activities outlined in the Delivery Program.

 

June 2014 Performance Report

 

Council determined to deliver 28 principal activities as part of its 2013-17 Delivery Program, with 216 specific actions for the 2013-14 year.

 

The June 2014 Performance Report contains details on the progress of all the principal activities and is attached under separate cover. It showcases highlights during this period, provides a progress update for all of Council’s significant projects and includes statistics on several areas of Council’s operations.

 

By the end of the June quarter, 93% of actions in the Delivery Program and Operational Plan were on track for completion or completed. Of the 7% of actions experiencing delays, 6% were delayed or rolled over to 2014-15 and 1% of actions were not completed.  Explanations for all delayed or not completed actions have been provided in the report.

 

It is recommended that Council receives and notes the June 2014 Performance Report.

 

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.


Civic Leadership and Governance

Ensures Council operates effectively and demonstrates accountability and transparency in its business operations.

 

 

ATTACHMENTS

 

1.View

Performance Report June 2014 (Under separate cover – to be provided separately)

  


102

Ordinary Meeting 27 August 2014

Chief Financial Officer

 

CFO 03

Budget Review - June 2014

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Long-Term Financial Plan

File Ref

183781.2014

Report By

Vishwa Nadan - Service Manager Financial Management

Approved By

Matthew Walker - Acting Chief Financial Officer

 

 

Executive Summary

 

On 26 June 2013 Council approved a balanced budget for the 2013-14 financial year and adopted further changes following budget reviews at end of each quarter and Council Resolutions during the year.

 

The budget result for the year ended 30 June 2014 after accounting for $2.538 million general funds for works carried forward to 2014-15, is a surplus of $4.870 million.

 

This is preliminary unaudited result for the year and subject to change. The post audit result will be reported to Council with further recommendations, if any, following receipt of the final audit report from PricewaterhouseCoopers.

 

This report outlines the budget result for the financial year ended 30 June 2014, highlighting key budget variations and requests for works to be carried over to 2014-15 for Council to complete its 2013-14 Operating Plan Objectives.

 

 

RECOMMENDATIONS

 

That Council:

 

1.       Receives and notes the report;

 

2.       Votes to carry forward $17.476 million for incomplete works into 2014/15, comprising:

·    Reserves (External/ Internally Restricted)       $4,922,441

·    Grant funds                                                      $2,549,444

·    S94 Developer Contributions                           $7,466,329

·    General Funds                                                  $2,537,964

 

3.       Approves allocation of funds to recommended initiatives to commit the balance of $4.870 million surplus.

 

REPORT

 

Legislative Requirements

 

Clause 203(1) of the Local Government (General) Regulation 2005 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. This report provides budget review for the financial year ended 30 June 2014.

 

Budget Commentary

In June 2013 Council adopted a balanced budget for 2013-14 financial year after allowing for depreciation (a non-cash item) of $32.199 million. The budget was subject to review at end of each quarter and during the year Council resolved to include additional items. The Councils revised budget forecast to June 2014 was a funding deficit of $3,512.

 

Overall actual funding result at 30 June 2014 of $7.408 million surplus was $7.411 million better than the budget. A consolidated budget report is provided as Attachment 1.

 

The surplus to budget result was mainly due to lower employee costs from extended vacancies across the Council, lower than anticipated consultancy costs from delays in strategic projects, lower than expected costs in civil maintenance from delays in works program, and higher income from s94 developer contributions and DA application fees. These favorable budget variations were slightly offset by lower parking fines income.

 

Details of budget variations by service group are included in Attachment 2.

 

Carryover Funds

The carryovers represent the balance of funds provided in the budget for works, goods and services that have not been finalised prior to 30 June 2014. Program managers have reviewed actual financial results against budget for their programs and identified funds that were committed and should be carried forward to 2014-15. Attachment 3 provides a listing of these commitments valued at $17.476 million, comprising:

 

Source funding

Amount ($)

Reserves (Internal/ External)

4,922,441

Grants

2,549,444

S94 Developer Contributions

7,466,329

General Funds

2,537,964

Total

17,476,178

 

 

 

 

Working Funds

Working funds are uncommitted funds on which Council can build its next budget or call on if required. Council commenced the financial year with a working fund balance of $3.133 million. The table below outlines movements during the year. The cumulative balance in Working Funds after adjusting for recommended carry overs and proposed funding commitments at 30 June 2014 is $3m.

 


 

 

Description

 

 

Movement

$'000

Cumulative Working Funds Balance

$'000

Working Funds Balance (per audited financial reports)

 

3,133

Less: Reduction in shop inspection fees

(138)

2,995

Add: Funding of reduction in revenue from Salary Savings

138

3,133

Less:  Funding of building works at the Old  Miller Library (31 July 2013, GMEE07)

(50)

3,083

Less: Funding of membership of Western Sydney First Program (28 August 2013, GMEE04)

(12)

3,071

September Review Surplus

1,167

4,238

Less: Funding for upgrade works to the boom gate and pay stations at Warren Service Way car park $390k; Transfer $848k to the Council Reserve

 

(1,238)

3,000

Less: Funding of Access Audit (30 October 2013 , GMEE05)

 

(20)

2,980

Less: Funding ten temporary Town Planners (30 October 2013, DIRS02)

(235)

2,745

Less: Funding Middleton Grange event and signage (18 December 2013, COMM06)

(5.5)

2,739.5

Less: Funding  Liverpool Mobility Map update (18 December 2013, COMM02)

(15)

2,724.5

Less: Funding  membership Future City (18 December 2013, COMM04)

(15)

2,709.5

Add: December  2013 Review Surplus

35.3

2,744.8

Less: Membership to Committee of Sydney

(15)

2,729.8

Less: Mayoral minute on the organization of two interfaith dinners

(10)

2,719.8

Less: Additional funding for Access Audits

(2.6)

2,717.2

Add: March Quarter Review Surplus

823.3

3,540.5

Less: Funding to engage a Fire Inspection Consultant $250k; Transfer $125k to the Plant Reserve; Transfer $166.5k to the Council Reserve

 

(540.5)

3,000

Less: Allocation of funds for waving hire fee of Sv. Arhangel Gavril for the full use of CPAC theatre

(1)

2,999

Less: Allocation of funds for street naming project

(2.5)

2,996.5

Add: June Review Surplus

7,411.4

10,407.9

Less: Proposed General Fund Carryovers

(2,537.9)

7,870

Less: Proposed transfers:

·    $485k - Savings in insurance activities to be transferred to the Insurance Reserve

·    $450k - Funding for the organisation reform and review program from salary savings

·    $775k - Funding of organisation structure reform from salary savings

·    $300k - Additional funding for the Plant Reserve to fund additional plant replacement activities

·    $440k - Surplus on property services additional revenue and savings in expenditure to be transferred the Administration Building Reserve

·    $300k - Transfer additional funds to Employee Leave Entitlement (ELE) Reserve

·    $497.7k - Savings from Civil Maintenance activities to be transferred to the Asset Maintenance Reserve

·    $50k - Acquisition and implementation of Rates Modelling Software

·    $200k - Funding of leadership training program from salary savings

·    $60k -  Additional funding for recruitment of executive positions

·    $100k  - Additional funding for Online DA project

·    $452.3k - Transfer surplus funds to Council Reserve

·    $300k - Forward funding of Carnes Hill Library Collection

·    $110k  - Additional funding for events program as per Economic Development & Events Committee Meeting on 6th August 2014

·    $100k - Additional funds for Night Markets

·    $250k - Additional funds required to fund the implementation of the Liverpool Branding project

 

 

(4,870)

 

3,000

 

 

Grant Funding

The Council received $16.918m in grant funding during 2013-14 mainly from Federal and State governments. Details are included in Attachment 5.

 

The financial results contained in this report are unaudited and may change as a result of material audit findings. Any changes impacting on the results in this report will be reported to the Council together with the audited financial statements.

 

CONSIDERATIONS

Economic and Financial

This report shows an unaudited funding surplus of $7.408 million for the financial year 2013-14.

The Council is requested to consider:

1.   Carrying over funds for incomplete works totaling $17.476 million to 2014/15 which includes $2.538 million general funds

2.   Committing balance of $4.870 million general fund surplus as follows:

·    $485k - Savings in insurance activities to be transferred to the Insurance Reserve

·    $450k - Funding for the organisation reform and review program from salary savings

·    $775k - Funding of organisation structure reform from salary savings

·    $300k - Additional funding for the Plant Reserve to fund additional plant replacement activities

·    $440k - Surplus on property services additional revenue and savings in expenditure to be transferred the Administration Building Reserve

·    $300k - Transfer additional funds to Employee Leave Entitlement (ELE) Reserve

·    $497.7k - Savings from Civil Maintenance activities to be transferred to the Asset Maintenance Reserve

·    $50k - Acquisition and implementation of Rates Modelling Software

·    $200k - Funding of leadership training program from salary savings

·    $60k -  Additional funding for recruitment of executive positions

·    $100k  - Additional funding for Online DA project

·    $452.3k - Transfer surplus funds to Council Reserve

·    $300k - Forward funding of Carnes Hill Library Collection

·    $110k  - Additional funding for events program as per Economic Development & Events Committee Meeting on 6th August 2014

·    $100k - Additional funds for Night Markets

·    $250k - Additional funds required to fund the implementation of the Liverpool Branding project

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Deliver services that are customer focused.

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

 

 

 

ATTACHMENTS

 

1.View

Consolidated Budget Summary - June 2014

2.View

Group Summary - Explanatory Notes to Budget Variances

3.View

Schedule of Carryover Funding to 2014-15

4.View

Explanatory Notes to Carryovers

5.View

Schedule of Grant Funding 2013-14

  


109

CFO 03

Budget Review - June 2014

Attachment 1

Consolidated Budget Summary - June 2014

 


 


 


115

CFO 03

Budget Review - June 2014

Attachment 2

Group Summary - Explanatory Notes to Budget Variances

 


 


 


115

CFO 03

Budget Review - June 2014

Attachment 3

Schedule of Carryover Funding to 2014-15

 


 


 


 


 


121

CFO 03

Budget Review - June 2014

Attachment 4

Explanatory Notes to Carryovers

 


 


129

CFO 03

Budget Review - June 2014

Attachment 5

Schedule of Grant Funding 2013-14

 


 


 


 


 


 


 


129

Ordinary Meeting 27 August 2014

Chief Financial Officer

 

CFO 04

Investment Report July 2014

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Long-Term Financial Plan

File Ref

181713.2014

Report By

Christian  Hope - Senior Financial Accountant

Approved By

Matthew Walker - Acting Chief Financial Officer

 

 

Executive Summary

 

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

 

Council held investments with a market value of $139.9 million as at 31 July 2014. The portfolio yielded a return of 4.11 per cent being 146 basis points above the benchmark of 2.65 per cent for the month of July 2014.

 

RECOMMENDATION

 

That Council That Council receives and notes this report.

 

REPORT

 

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

Council's portfolio of $139.9 million consisted of $15.2 million invested in various debt securities (bonds) with maturity dates ranging from one year to thirteen years; $111.5 million in short to medium term deposits; and $ 13.2 million in Cash at Call bank accounts. Council yielded a return of 4.11 per cent being 146 basis points above the benchmark of 2.65 per cent for the month of July.


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

 

Asset Class

July-14

Jun-14

Senior Debts (FRN's)

101.80%

 101.48%

Senior Bonds (NCD & Corporate Bonds)

104.84%

 104.56%

MBS (Reverse Mortgage Backed Securities)

  60.29%

  60.14%

Total

  94.32%

  94.05%

 

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

 

§     At its July 2014 meeting, the Board of the Reserve Bank of Australia (RBA) decided to leave the cash rate unchanged at 2.5 per cent. A statement released on 5 August 2014 by Glenn Stevens, Governor of the RBA commenting on the RBA decision is attached to this report.

 

The return on term deposits over medium term (2 to 3 years to maturity) is currently at 3.7 per cent to 3.9 per cent per annum. Short term deposits rate (less than one year to maturity) is ranging from 3 per cent for 30 days to 3.65 per cent for one year.

 

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

 

Portfolios break down (at "Market Value")

 

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

 

 

 

 

Movement in Investment Holding

 

Council held investments with a market value of $139.9 million as at 31 July 2014 compared to $150.6 million as at 30 June 2014.  A summary of major types of receipts and payments for the period is attached to this report.

 

Portfolio Maturity Profile

 

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

 

 

 

Investment Portfolio at a Glance

 

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

        MCWB01114_0000[1]

The portfolio yield for July is above the annualised benchmark for the month (4.11% against 2.65%).

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

        MCWB01114_0000[1]

The portfolio yield for the past 12 month period is above the benchmark for the same period (4.19% against 2.63%).

Annual Income vs. Budget

        MCWB01114_0000[1]

Council’s investment income on

General Fund was $9k below budget.

 

 

Investment Policy Compliance

 

Legislative Requirements

 

        MCWB01114_0000[1]

Fully Compliant.

Portfolio Credit Rating Limit

        MCWB01114_0000[1]

Fully Compliant.

Institutional Exposure Limits

        MCWB01114_0000[1]

Fully Compliant.

Term to Maturity Limits

       X

Exceeded term to maturity limit on

existing Mortgage Back Securities

purchased in 2006 and in 2007

The maturity dates have been

extended by the issuer of the

securities to reflect the revised

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

 

Certificate of Responsible Accounting Officer

 

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

 

 

CONSIDERATIONS

 

Economic and Financial

For the month of July 2014, Council investment income on General Fund was $9k below budget. This variance is attributed to lower investment balance for the first period of the new financial year.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Statement by Glen Stevens Governor RBA August 2014

2.View

Movement in Investment Holding July 2014

3.View

Portfolio Investment Details July 2014

4.View

Performance Graphs Actual to Budget July 2014

  


133

CFO 04

INVESTMENT REPORT JULY2014

Attachment 1

Statement by Glen Stevens Governor RBA August 2014

 


135

CFO 04

INVESTMENT REPORT JULY2014

Attachment 2

Movement in Investment Holding July 2014

 


 


139

CFO 04

INVESTMENT REPORT JULY2014

Attachment 3

Portfolio Investment Details July 2014

 


 


 


139

CFO 04

INVESTMENT REPORT JULY2014

Attachment 4

Performance Graphs Actual to Budget July 2014

 


140

Ordinary Meeting 27 August 2014

Chief Financial Officer

 

CFO 05

Classification of Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool as 'Operational' land

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Property Strategy

File Ref

161922.2014

Report By

Andy Kabok - Senior Property Officer

Approved By

Matthew Walker - Acting Chief Financial Officer

 

 

Executive Summary

 

On 29 May 2013, Council resolved to “Agree to swap Council owned Lot 1 DP 703565, Speed Street, Liverpool with the privately owned part of Bigge Street to the south of Newbridge Road, part of Bigge Street to the north of Newbridge Road and the road reserve known as Lot 4 DP 226933” and that Council “Upon completion of the landswap, classifies a part of Bigge Street to the south of Newbridge Road as ‘Operational’ land”.

 

A part of Bigge Street to the south of Newbridge Road that is proposed to be classified as ‘Operational’ land is now known as Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool.

 

This report recommends that Council agrees to classify Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool, as ‘Operational’ land.

 

 

RECOMMENDATION

 

That Council classifies Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool as 'Operational' land in accordance with the Local Government Act 1993.

 

REPORT

 

On 29 May 2013, Council resolved to “Agree to swap Council owned Lot 1 DP 703565, Speed Street, Liverpool with the privately owned part of Bigge Street to the south of Newbridge Road, part of Bigge Street to the north of Newbridge Road and the road reserve known as Lot 4 DP 226933” and that Council “Upon completion of the landswap, classifies a part of Bigge Street to the south of Newbridge Road as ‘Operational’ land”.

 

A part of Bigge Street to the south of Newbridge Road that is proposed to be classified as ‘Operational’ land is now known as Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool.

 

Section 31 of the Local Government Act 1993 states that before a Council acquires land, or within three months after it acquires land, a Council may resolve to classify land as either ‘Community’ or ‘Operational’ land. Section 34 of the Local Government Act 1993 also requires that public notice be given of a proposed resolution to classify public land.

 

Council is not yet in ownership of Lot 1 DP 1196393. It is envisaged that once in ownership Council could potentially provide rear vehicular access through Lot 1 DP 1196393 to adjoining owners on Speed Street via negotiated easements for access. Easements for access to adjoining owners can only be granted if the land is classified as ‘Operational’ land.

 

Notices advising that Council proposes to resolve to classify Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool, as 'Operational' land were published in the local newspaper on 25 June 2014 and on 2, 9 and 16 July 2014. A period of not less than 28 days was provided during which submissions could be made to Council. No submissions were received.

 

This report recommends that Council agrees to classify Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool, as ‘Operational’ land.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

ATTACHMENTS

 

1.View

Location Map

  


143

CFO 05

Classification of Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool as 'Operational' land

Attachment 1

Location Map

 


143

Ordinary Meeting 27 August 2014

Chief Financial Officer

 

CFO 06

Tender WT2307 - Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Property Strategy

File Ref

174875.2014

Endorsed By

Andy Kabok - Senior Property Officer

Approved By

Michael  Williams - Manager Property Services

 

 

Executive Summary

 

On 29 May 2013, Council resolved to:

 

·    “Approve DA-1301/2012 for the construction of a multi dwelling housing development containing 6 x 3 bedroom dwellings and 2 x 2 bedroom dwellings with associated on-site parking for 17 vehicles” and;

·    “Conduct a tender for the fixed price contract to construct the project”.

This report details the tender submissions received for Tender WT2307 – Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier.

 

Following a detailed assessment of the tenders and in accordance with Clause 178 of the Local Government (General) Regulation 2005, this report recommends that Council declines to accept any of the tenders for WT2307 – Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier, and cancels the proposal for the contract.

 

This report recommends that Council agrees to sell Lot 493, 494 and 552 DP 217650, 39 Heckenberg Avenue, Sadlier, as an approved development site by placing the property on the open market for sale by way of public auction through a local real estate agent. 

 

 

RECOMMENDATION

That Council: 

1.   Declines to accept any of the tenders for Tender WT2307 – Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier and cancels the proposal for the contract;

2.   Makes public its decision regarding Tender WT2307 – Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier;

3.   Agrees to sell Lot 493, 494 and 552 DP 217650, 39 Heckenberg Avenue, Sadlier, as an approved development site by placing the property on the open market for sale by way of public auction through a local real estate agent;

4.   Agrees to set the reserve price for the public auction as outlined in the confidential attachment;

5.   Authorizes the Chief Executive Officer or his nominee to negotiate the sale of Lot 493, 494 and 552 DP 217650, 39 Heckenberg Avenue, Sadlier, if not sold under the hammer, for a sale price of not less than five percent below the reserve price, on the day of auction, and execute the contract for sale to facilitate the exchange of contracts on the day of the auction;

6.   Agrees that if the property is not sold at auction it is immediately placed on the open market for sale by private treaty;

 

7.   Transfers the net proceeds from the sale to the Property Development Reserve; and

8.   Keeps confidential the details supplied in this report containing information on the submissions received and proposed sale, pursuant to the provisions of Section 10A(2)(d)(i) and 10A(2)(c)  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 and/or confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

REPORT

 

On 29 May 2013, Council resolved to:

 

·    “Approve DA-1301/2012 for the construction of a multi dwelling housing development containing 6 x 3 bedroom dwellings and 2 x 2 bedroom dwellings with associated on-site parking for 17 vehicles” and;

·    “Conduct a tender for the fixed price contract to construct the project”.

Tenders for the construction of eight townhouses at 39 Heckenberg Avenue, Sadlier, were invited publicly in the Sydney Morning Herald on Tuesday, 10 June 2014, the Liverpool Leader and South West Advertiser on Wednesday, 11 June 2014 and was made available on the Council eTendering portal https://www.tenderlink.com/liverpoolcity from 3 June 2014.

 

Tenders closed at 3:00 pm on 10 July 2014 with the following submissions received (in alphabetical order):-

 

Tenderer

ABT Construction & Fitout

Camporeale Holdings Pty Ltd

Jan General Constructions Pty Ltd

M & M Pripic Pty Ltd

Mosaiquestone Pty Ltd

 

A preliminary assessment of the submissions was carried out to check for general compliance with the requirements of the selection criteria and the tender documents. It was found that four out of the five tenders were conforming and were considered for further assessment.

 

Full details of the tenders received and evaluations are provided in a confidential report under separate cover in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

 

Following a detailed assessment of the tenders and in accordance with Clause 178 of the Local Government (General) Regulation 2005, this report recommends that Council declines to accept any of the tenders for WT2307 – Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier, and cancels the proposal for the contract.

 

This report recommends that Council agrees to sell Lot 493, 494 and 552 DP 217650, 39 Heckenberg Avenue, Sadlier, as an approved development site by placing the property on the open market for sale by way of public auction through a local real estate agent. 

 

CONSIDERATIONS

Economic and Financial

The sale was not included in this year’s budget. It is recommended that the net proceeds of the sale be credited into the Property Development Reserve.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

ATTACHMENTS

 

1.View

Location Map

  


147

CFO 06

Tender WT2307 - Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier

Attachment 1

Location Map

 


147

Ordinary Meeting 27 August 2014

Chief Financial Officer

 

CFO 07

Proposed Acquisition of Part Lot 201 DP 1194243, Kurrajong Road, Carnes Hill for Open Space and Drainage

 

Strategic Direction

Natural Sustainable City

Enhance and protect natural corridors, waterways and bushland

Key Policy

Floodplain Risk Management Plans

File Ref

184662.2014

Report By

Michael  Williams - Manager Property Services

Approved By

Matthew Walker - Acting Chief Financial Officer

 

 

Executive Summary

 

On 26 March 2012 Council resolved to “acquire part of Lot 3126 in Deposited Plan 1160426, Off Pioneer Drive Carnes Hill”, now known as Lot 200 DP 1194243 for the purposes of extending Kurrajong Road.

 

The owner of Lot 200 is required to dedicate Lots 201 and 203 DP 1194243 at no cost to Council except for approximately 3,790 square metres of Lot 201 designated for Open Space and Drainage under the Liverpool Local Environment Plan 2008.

 

This report recommends Council accepts the dedication of Lots 201 and 203 DP 1194243 at no cost and approves the acquisition of approximately 3,790 square metres of Lot 201 Kurrajong Road, Carnes Hill for the amount outlined in the confidential attachment in accordance with Section 10A (2) (c) of the Local Government Act 1993.

 

RECOMMENDATION

 

That Council:

 

1.       Accepts the dedication of Lots 201 and 203 DP 1194243 at no cost;

 

2.       Approves the acquisition of part of Lot 201 DP 1194243, Kurrajong Road, Carnes Hill designated Open Space and Drainage in the Liverpool Local Environment Plan 2008 for the purchase price outlined in the confidential attachment;

 

3.       Upon dedication of Lots 201 and 203 DP 1194243 and the acquisition of part Lot 201 classifies the land as ‘Community Land’;

 

 

 

4.       Notes the square metre area for acquisition is approximate and subject to final survey. Approves the acquisition on a dollar rate per square metre as outlined in the confidential attachment;

 

5.       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

 

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

 

 

REPORT

 

On 26 March 2012 Council resolved to “acquire part of Lot 3126 in Deposited Plan 1160426, Off Pioneer Drive Carnes Hill”, now known as Lot 200 DP 1194243 for the purposes of extending Kurrajong Road.

 

The owner of Lot 200 is required to dedicate Lots 201 and 203 DP 1194243 at no cost to Council except for approximately 3,790 square metres of Lot 201 designated for Open Space and Drainage under the Liverpool Local Environment Plan 2008.

 

Lot 201 DP 1194243 is approximately 26,210 square metres and is covered by a High Voltage Transmission Line easement. Council will construct drainage infrastructure within this lot to service the surrounding new residential development. Part of Lot 201 is designated for acquisition under the Liverpool Local Environment Plan 2008 for drainage and open space.

 

Lot 203 DP 1194243 is approximately 36,730 square metres and is also covered by the High Voltage Transmission Line Easement. See the attached aerial map.

 

Council appointed a Valuer to determine the value of the part of Lot 201 designated for acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. Negotiations with the owner have been completed and a purchase price has been agreed subject to Council approval. Details of the valuation and negotiations are considered to be confidential for commercial reasons and are contained in the confidential attachment.

 

This report recommends Council accepts the dedication of Lots 201 and 203 DP 1194243 at no cost and approves the acquisition of approximately 3,790 square metres of Lot 201 Kurrajong Road, Carnes Hill, in accordance with the terms outlined in the confidential attachment.

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

Funding for the acquisition is provided for in Council’s Section 94 Contribution Plan

Environmental and Sustainability

Manage the environmental health of waterways.

 


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Aerial Map Lots 201 and 203

2.View

Acquisition Map Part Lot 201

  


151

CFO 07

Proposed Acquisition of Part Lot 201 DP 1194243, Kurrajong Road, Carnes Hill for Open Space and Drainage

Attachment 1

Aerial Map Lots 201 and 203

 


151

CFO 07

Proposed Acquisition of Part Lot 201 DP 1194243, Kurrajong Road, Carnes Hill for Open Space and Drainage

Attachment 2

Acquisition Map Part Lot 201

 


152

Ordinary Meeting 27 August 2014

Chief Financial Officer

 

CFO 08

General Power of Attorney

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Workforce Management Plan

File Ref

184885.2014

Report By

David Maguire - Governance Officer

Approved By

Matthew Walker - Acting Chief Financial Officer

 

Executive Summary

 

At its meeting on 30 October 2013, Council resolved to appoint its Chief Executive Officer (CEO), Executive Directors, Group Manager Governance and Public Officer to be its attorneys.

 

Under a power of attorney, an attorney can execute documents on behalf of Council without the need for the Council seal to be attached.

 

At its meeting on 30 July 2014, Council adopted a report which deleted the positions of Executive Director and Group Manager Governance from its organisational structure. As a result, the only positions within Council that can currently exercise Council’s power of attorney are the CEO and the Public Officer.

 

Given the considerable number of documents executed under the power of attorney and the occasional unavailability of the CEO and Public Officer to execute documents, it is considered necessary to appoint an additional member of Council staff to exercise the Council's power of attorney.

 

It is recommended that Council appoints the persons for the time being holding the position of CEO, Chief Financial Officer and Public Officer, to be its attorneys, subject to the limitations set out in the attached recommendation to Council, and that Council revokes its current power of attorney.

 

RECOMMENDATION

 

That Council:

 

1.  Appoints the persons for the time being holding the position of Chief Executive Officer, Chief Financial Officer and Public Officer, to be its attorneys, severally to exercise, subject to any conditions and limitations specified below, the authority conferred on them by section 43 of the Powers of Attorney Act 2003, to do on the Council’s behalf, anything it may lawfully authorise its attorney to do. The power of attorney is limited to the execution of documents, dealings and instruments relating to the following matters:

 

·    The creation (whether by acquisition or other means), disposal or extinguishment of an interest in land;

·    The creation, disposal or extinguishment of a right, obligation or interest other than in land; and

·    Contracts for works services and supply of goods.

 

2.  Revokes the previous power of attorney granted by Council, being Registered Book 4660 Number 962.

 

3.  Authorises the seal of Council to be affixed to the power of attorney and to the revocation of the previous power of attorney.

 

 

REPORT

 

At its meeting on 30 October 2013, Council resolved to appoint its CEO, Executive Directors, Group Manager Governance and Public Officer to be its attorneys.

 

An attorney can execute documents on behalf of Council without the need for the Council seal to be affixed. This is customary practice in local government.

 

In regard to the purchase or sale of land, the granting of a power of attorney does not entitle the attorney to decide whether or not to buy or sell land. The sale or purchase of land cannot be delegated by Council since it requires a Council resolution. However, once such a resolution has been passed, the attorney can execute the necessary document(s) without the need for the Council seal to be affixed. Copies of documents executed under the power of attorney are retained in a register maintained by Council’s Public Officer (the Governance Officer).

 

At its meeting on 30 July 2014, Council adopted a report which deleted the positions of Executive Director and Group Manager Governance from its organisational structure. As a result, the only positions within Council that can currently exercise Council’s power of attorney are the CEO and the Public Officer.

 

Given the considerable number of documents executed under the power of attorney and the occasional unavailability of the CEO and Public Officer to execute documents, it is considered necessary to appoint an additional member of Council staff to exercise the Council's power of attorney, namely, the Chief Financial Officer.

 

It is recommended that Council appoints the persons for the time being holding the positions of CEO, Chief Financial Officer and Public Officer, to be its attorneys, subject to the limitations set out in the attached recommendation to Council, and that Council revokes its current power of attorney.

 

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

 

1.View

Draft General Power of Attorney (August 2014)

2.View

Draft Revocation of Power of Attorney (August 2014)

  


155

CFO 08

General Power of Attorney

Attachment 1

Draft General Power of Attorney (August 2014)

 


157

CFO 08

General Power of Attorney

Attachment 2

Draft Revocation of Power of Attorney (August 2014)

 


157

Ordinary Meeting 27 August 2014

Chief Financial Officer

 

CFO 09

Councillor Briefing Session Terms of Reference

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Councillor Briefing Session Terms of Reference

File Ref

188200.2014

Report By

George Georgakis - Service Manager Council and Executive Services

Approved By

Matthew Walker - Acting Chief Financial Officer

 

 

Executive Summary

 

At the Ordinary Council meeting 27 March 2013, Council decided on the Terms of Reference for holding Councillor Briefing Sessions.

 

As a result of discussions held with Councillors at the workshop on 9-10 August 2014, it is proposed that the Councillor Briefing Session Terms of Reference be amended as per the recommendation below.

 

RECOMMENDATION

 

That:

 

1.   Council hold Councillor Briefing Sessions regardless of the number of Councillors attending.

 

2.   The only senior staff required at the sessions will be those that are presenting on a topic.

 

3.   The Councillor Briefing Session Terms of Reference be reformatted and retitled as per the attached Councillor Briefing Guidelines to ensure consistency with other policy documents of Council.

 

 

REPORT

 

On 27 March 2013, Council adopted the Councillor Briefing Session Terms of Reference and resolved in part that:

 

“Briefings will be held when a minimum of five Councillors are in attendance in person.  Should less than five Councillors be available to attend, the Briefing will be cancelled.”

 

In the past, due to the above requirement, Councillor Briefings have been cancelled when less than five Councillors were able to attend. To maintain the flow of information presented at these Briefings for those that can attend, the requirement for a minimum number of Councillors for the Briefings has been removed. This is in line with discussions held at the recent workshop on 9-10 August 2014.

 

The Councillor Briefing Guidelines have therefore been altered so that Councillor Briefing Sessions will be held in future regardless of the number of Councillors attending. Further, the only senior staff required at the sessions will be those staff that are presenting on a topic. This has been reflected in the attached Draft Councillor Briefing Guidelines.

 

CONSIDERATIONS

 

Economic and Financial

The additional expense of running all Councillor Briefing Sessions, regardless of numbers, will be offset by the cost savings of not cancelling Councillor Briefing Sessions at the last minute, when a refund of the catering costs cannot be arranged.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

Requiring only staff presenting on a topic to attend the sessions will reduce the workload on staff caused by attending Councillor Briefing Sessions and result in an improved work/life balance.


Civic Leadership and Governance

Increase Mayor and Councillor awareness of community issues by not cancelling briefing sessions because of a lack of quorum.

 

 

ATTACHMENTS

 

1.View

Councillor Briefing Guidelines (with recommended amendments)

  


159

CFO 09

Councillor Briefing Session Terms of Reference

Attachment 1

Councillor Briefing Guidelines (with recommended amendments)