Agenda of Ordinary Meeting - 4 February 2015

Order of Business

PAGE TAB

Opening

Prayer

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 16 December 2014........................................................... 5

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NOM 01 Fifteenth Avenue, Twenty-Seventh Avenue and Twenty Eight Avenue........ 80......... 1

NOM 02 Traffic Interaction - George, Bathurst, Campbell Streets and Westfield Shopping Town 83......... 2

NOM 03 Full Council Approval for Sect 96 and Subdivisions outside of Growth Areas 86 3

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

NIL

Development Application Determination Report

DAD 01 DA-4/2014 - 4 Mayberry Crescent Liverpool - Demolition of the existing dwelling; tree removal and construction of a four storey residential flat building containing 9 units and basement parking........................................................................................... 87......... 4

DAD 02 RD - 4/2014 Review of determination of DA-851/2013 pursuant to Section 82A of the EPA&A application for boarding house containing 11 bedrooms................... 98......... 5

Chief Executive Officer Report

NIL

Business Improvement Report

NIL

Chief Financial Officer

CFO 01 Australian Local Government Women's Association Conference............... 106......... 6

CFO 02 Policy Review (Red Tape Reduction Project) - Revocation of Use of Council-Branded Administrative Resources Policy.................................................................. 110......... 7

CFO 03 Use of Delegation Over Christmas / New Year Period................................ 116......... 8

CFO 04 Investment Report December 2014............................................................. 118......... 9

CFO 05 Local Infrastructure Renewal Scheme (LIRS) - Funding Agreement and Borrowing 128 10

City Presentation Report

NIL

Community and Culture Report

DCC 01 Liverpool Mayoral Concert .......................................................................... 156....... 11

Economy and Engagement Report

NIL

Infrastructure and Environment Report

NIL

Planning and Growth Report

DPG 01 Proposal to amend Part 2.11 of Liverpool Development Control Plan 2008 to remove reference to Edmondson Park South........................................................... 160....... 12

DPG 02 Approval for Works-In-Kind for DA-170/2013.............................................. 163....... 13

Property and Commercial Development Report

NIL

Committee Reports

CTTE 01 Warwick Farm Racing Precinct Steering Committee Minutes of Meeting 2 December 2014.............................................................................................................. 167....... 14

CTTE 02 Meeting Notes of Liverpool Youth Council meeting held on 2 December 2014 171 15

CTTE 03 No Intermodal Committee meeting minutes 2 December 2014.................. 176....... 16

CTTE 04 Minutes of Aboriginal Consultative Committee Meeting held on 4 December 2014 180 17

CTTE 05 Minutes of the Liverpool Access Committee 11 December 2014............... 191....... 18

CTTE 06 Liverpool City Council Sports Committee Meeting Minutes 27 November 2014 196 19

CTTE 07 Casula Powerhouse Arts Centre Board Minutes from Meeting 4 December 2014 208 20

CTTE 08 Heritage Advisory Committee Meeting Minutes of 2 December 2014........ 212....... 21

Questions with Notice

QWN 01 Question with Notice - Clr Stanley................................................................ 219....... 22

Questions Taken on Notice

Presentations by Councillors

Council in Closed Session

The following items are listed for consideration by Council in Closed Session with the public excluded, in accordance with the provisions of the Local Government Act 1993 as listed below:

CONF 01 Proposed acquisition of part Lot 103 DP 1105443, Lot 103 Kurrajong Road, Carnes Hill for road widening purposes

Reason: Item CONF 01 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Close

MINUTES OF THE Ordinary Meeting

HELD ON 16 December 2014

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone (arrived at the meeting at 6.20pm.)

Councillor Ristevski

Councillor Shelton

Councillor Stanley

Councillor Waller

Mr Carl Wulff Chief Executive Officer

Mr Gary Grantham, Chief Financial Officer

Ms Lina Kakish, Acting Director Planning and Growth

Mr Gino Belsito, Director City Presentation

Mr Michael Cullen, Director Economy and Engagement

Mr Raj Autar, Director Infrastructure and Environment

Ms Carole Todd, Director Business Improvement

Mr John Morgan, Director Property and Commercial Development

The meeting commenced at 6.02pm.

OPENING 6.02pm

PRAYER The prayer of the Council was read by Minister Manoj Chacko from Liverpool South Anglican Church.

APOLOGIES Nil

CONDOLENCES A condolence motion was dealt with in conjunction with a

Mayoral Minute on page 3 of these minutes.

Confirmation of Minutes

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the minutes of the Ordinary Meeting held on 26 November 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 Shelton declared a non pecuniary, less than significant interest in the following item:

Item CONF 01: 2015 Australia Day Awards

Reason: Clr Shelton has business dealings, without fee, to date with at least two individuals referred to in this item.

Clr Shelton left the Chambers for the duration of this item.

Clr Harle declared a non pecuniary, but significant interest in the following item:

Item CONF 01: 2015 Australia Day Awards

Reason: Clr Harle’s partner submitted two nominations for the Australia Day Awards

Clr Harle left the Chambers for the duration of this item.

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

Item IHAP 04: DA-334/2014 - demolition of existing dwelling, construction of five storey residential flat building consisting of 14 units (12 x 2 bedroom, 1 x 1 bedroom and 1 x 3 bedroom) with ground level car parking at 67 Bathurst Street Liverpool

Reason: Clr Hadchiti was a previous part owner of the land and has had no dealings with the property since that time.

Clr Hadchiti remained in the Chambers for the duration of this item.

Public Forum

(Presentation – items not on agenda) Nil

(Representation – items on agenda) Nil

Mayoral Minute

SUBJECT: Liverpool City's leadership in Multiculturalism

We have all been shocked and saddened by the hostage siege in Martin Place Sydney that has unfolded over the last 48 hours. These events, which have captivated our nation and the world’s attention, cannot go without response from our community leaders.

Whilst investigations by authorities have some length to travel before any definite conclusions can be drawn, it appears from the information available to the public, that this incident was the result of a criminal act by an individual thinly cloaked in a fundamentally misguided form of faith. All people of faith whether Islamic, Christian, Hindu, Buddhist or any other faith, stand side by side condemning this man and his distorted actions.

Liverpool City is an outstanding icon for successful Australian multiculturalism.

Amongst our nearly 200,000 residents are people from probably every region and religion of the world living in our peaceful, harmonious community. In confronting times like these, we must redouble our efforts and strengthen our resolve, to remain united and to remain a cohesive democratic community.

We must continue our leadership. We must continue to reach out and embrace all communities that make up our city. We do this by celebrating proudly our many cultures through Council sponsored events like celebrating Christmas; through our interfaith dinners, celebrating NAIDOC week and festivals like Diwali and Pacifica. Council and Councillors must and do play a daily role in maintaining this harmony, communication and interfaith engagement in Liverpool. Citizens too have an obligation to reach out and engage with all members of our community.

Councillors, I share with you the sadness at what has happened and extend the Council's sympathy to those affected especially those who are sadly bereaved by loss. I also extend our support and thanks to the authorities including the NSW Police at the front line of this response.

RECOMMENDATION:

That Council:

1. Reaffirms Liverpool City as a diverse, tolerant multicultural community that rejects all forms of violence and religious extremism.

2. Recommits Liverpool City to activities that strengthen our multicultural community including two interfaith dinners, Christmas celebrations, Australia Day celebrations and other festivities as agreed by the CEO and Mayor from time to time that strengthen our community harmony.

3. Observes a minutes silence in respect of those affected by the siege in Martin Place, the hostages and police services impacted and particularly in the memory of Katrina Dawson and Tori Johnson who lost their lives and those loved ones and friends affected by bereavement.

Motion Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

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

Mayoral Minute

SUBJECT: Georges River Pedestrian and Cycle Bridge and Pathways

This week the Government announced its new metropolitan strategy, A Plan for Growing Sydney, and Liverpool’s important in Sydney’s future is being recognised through its status as one of the three Regional Centres in Sydney.

The Government has identified key priorities for Liverpool to be a commercial centre for Sydney, with strong growth in offices, retail, services and housing. In addition it will support health-related land uses, infrastructure and conference facilities.

Importantly, and a watershed for Liverpool, it is to be a Regional Centre oriented around the beautiful Georges River, and I welcome the Government taking on board our City’s vision.

Three of the NSW Government’s priorities for Liverpool include:

- Work with council to improve walking and cycling connections to Liverpool train station from east of the train line.

- Work with council to improve walking and cycling connections between Liverpool and the Georges River.

- Work with council to investigate potential future uses of land located east of Georges River and north of Newbridge Road.

Just as Parramatta did on its investigations into light rail, we ought to take the initiative to accelerate collaboration with the NSW Government to ensure that Liverpool gets support in becoming a strong regional centre where people can live, work and play.

We are fortunate to have a strong foundation: a readily available river connection on the pylons to the Station and Lighthorse Park, and existing pathways that can be completed.

We cannot properly activate the river, provide connectivity to Liverpool station, or grow our city to the east of the Georges River without improved walking and cycling access. We must plan around walking, cycling, and public transport to ensure that we protect our local amenity as we grow.

To that end the key connections for the city on the River should be made shovel-ready.

RECOMMENDATION

That Council:

1. Commence concept and detailed design and costing on a pedestrian and cycle bridge over the Georges River on the old pylons connecting the eastern side of the Georges River to Liverpool Station and Lighthorse Park.

2. Commence concept and detailed design and costing on completing pedestrian and cycle pathways between Haigh Park and Mill Park to provide full community access to the river.

3. Delegate authority to the CEO to engage with the NSW Government and relevant landholders to advance these plans in accordance with the new metropolitan strategy, A Plan for Growing Sydney, and seek funding support.

4. Authorise the CEO to utilise funds from the Councillor Reserve to commission concept and detailed design of the bridge and associated infrastructure.

Motion Moved: Mayor Mannoun

That the recommendation be adopted.

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

Mayoral Minute

SUBJECT: Crnobrnja Family Support

Liverpool’s Serbian community has always pulled together to support others, to offer a helping hand or a shoulder to lean on. They are a vital part of Liverpool’s social and cultural fabric. Sadly, recently, their community was rocked by a tragic loss, when mother of 3, Mrs Vesna Crnobrnja fell victim to an incident of domestic violence.

Mrs Crnobrnja’s family are long-term residents of Casula, having relocated there in the mid-90s from war-torn Croatia and Serbia. Mrs Crnobrnja worked at Red Lea Chickens at Casula Mall for over a decade and was well-regarded by her colleagues. The family are also highly involved with Bonnyrigg Soccer Club. Mrs Crnobrnja is survived by her children Zorana, Alexsandar and Nikola who are aged 23, 20 and 17 respectively.

However tragic these circumstances may be, with the children’s father currently in police custody, it is heartening to see the community pulling together to help support the family. Mr Zoran Ilic and Dee Zeljkovic, both friends of the family have set out to raise $10,000 to help with funeral expenses and at the very least lessen some of the financial burden on the children. Dee Zeljkovic has set up a web-page where the public can donate money and leave messages of support for the family. I propose that Council support the support this appeal both monetarily and with a message of condolence on the web-page.

RECCOMMENDATION:

That Council:

1. Donates $1000 to the Crnobrnja Family through the Crnobrnja Family Support Campaign.

2. Expresses its condolences to the family of Mrs Vesna Crnobrnja.

3. Thanks Zoran Ilic and Dee Zeljkovic for their work in raising awareness and funds for the Crnobrnja family.

4. Continues its support for campaigns against domestic violence including White Ribbon Day.

Motion Moved: Mayor Mannoun

That the recommendation be adopted.

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

Mayoral Minute

SUBJECT: Community 2168 Project

It was a great privilege for me to attend the opening of the Miller Community Centre on 4 December 2014.

From the smoking ceremony, through the performances – both planned and ad hoc – to the signing of the Memorandum of Understanding, it was clear to me that the sense of partnership and local ownership that have brought this exciting project to fruition will continue to provide a solid platform for future development and achievement.

Thanks should go to Galavizh Ahmadinia, Senior Project Officer – Community 2168, for the contribution she makes. Galavizh is highly regarded by her professional colleagues, community centre management team, and crucially, members of the local Miller community. Her hard work and dedication should be acknowledged as exemplary, reflecting positively on the community and Council.

Projects of this type reinforce the importance of local ‘grassroots’ initiatives as agents of change, building the reputation of Liverpool as a city that is having a positive impact on the quality of peoples’ lives. I wish all of the partners at the Miller Community Hub partners very best wishes for the future.

RECOMMENDATION:

That Council:

1. Commends the work of Galavizh Ahmadinia and the 2168 Management Committee and expresses its thanks to them for their contribution to the community.

2. Forwards a letter from the Mayor to this effect.

Motion Moved: Mayor Mannoun

That the recommendation be adopted.

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

ITEM NO: NOM 03

FILE NO: 294797.2014

SUBJECT: Completion of Wattle Grove Lake Non-Routine Maintenance

NOTICE OF MOTION

That Council:

1. Notes the completion of non-routine maintenance works at Wattle Grove Lake.

2. Thanks the responsible Council Executive and Staff for their hard work in completing the works in good time.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Notes the completion of non-routine maintenance works at Wattle Grove Lake.

2. Thanks the responsible Council Executive and Staff for their hard work in completing the works in good time.

3. Ask that Council investigate installation of toilet facilities at Wattle Grove Lake, and report back to the next Council Meeting.

4. Staff look at the future needs of that area to meet future recreational needs.

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

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Notes the completion of non-routine maintenance works at Wattle Grove Lake.

2. Thanks the responsible Council Executive and Staff for their hard work in completing the works in good time.

3. Ask that Council investigate installation of toilet facilities at Wattle Grove Lake, and report back to the next Council Meeting.

4. Staff look at the future needs of that area to meet future recreational needs.

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

Independent Hearing and Assessment Panel Report

ITEM NO: IHAP 01

FILE NO: 282446.2014

SUBJECT: DA-470/2014 Construction of a four storey residential flat building at 9 Goulburn Street, Warwick Farm

RECOMMENDATION

That Council:

1. Approves Development Application No. DA-470/2014, subject to the recommended conditions attached to the IHAP report (see attachment No. 2) and the following additional conditions:

Insert Condition No. 23A as follows:

Privacy Mitigation Measures

23A. Prior to the issue of a CC, amended plans are to be submitted to the satisfaction of the PCA, which show the erection of privacy screens to all windows on the southern elevation. The privacy screens are to be of the same style and design as the privacy screens on the northern elevation.

Amend draft condition No. 62 to read as follows:

Privacy Mitigation Measures

62. Prior to the issue of any OC, the privacy screens to the windows of the northern and southern elevation are to be erected.

2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Approves Development Application No. DA-470/2014, subject to the recommended conditions attached to the IHAP report (see attachment No. 2) and the following additional conditions:

Insert Condition No. 23A as follows:

Privacy Mitigation Measures

Amend draft condition No. 62 to read as follows:

Privacy Mitigation Measures

62. Prior to the issue of any OC, the privacy screens to the windows of the northern and southern elevation are to be erected.

2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision.

3. That the CEO ensures that appropriate fees and contributions are applied prior to the DA being released

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

Councillors voted unanimously for this motion.

Community and Culture Report

ITEM NO: DCC 01

FILE NO: 196455.2014

SUBJECT: Donations, Grants and Sponsorships

RECOMMENDATION

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $2,200 under the Sporting Donations Program as summarised in the table below:

Applicant Name	Amount
Nicole Morley	$500
Tegan Lamond	$200
Cecil Hills High – team application	$500
Breanna Evans	$200
Blake Jackson	$200
Sarah Ringrose	$200
Cameron Parsons	$200
Kristina Stojkovic	$200

2. Endorses the Financial Contribution Panel's recommendations for the provision of $500 under the Community Donations Program – Youth Donations as summarised in the table below:

Applicant Name	Project Name	Amount
Sarah Yahya	Applicant has been nominated to represent Australia at the International Youth Conference organised by the Harvard National Model United Nations (UN) to engage in negotiations and debates with UN leaders.	$500

3. Endorses the Financial Contributions Panel's recommendations for the provision of $33,500 under the Corporate Sponsorship Program as summarised in the table below:

Applicant name	Amount
Platinum Pages Pty Ltd	$2,500
Serbian Cultural Club Ltd	$3,000
Desi Media Group	$15,000
Miracle Babies Foundation	$5,000
Australian Turf Club	$5,000
Bula Hibiscus Festival	$3,000

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Ristevski

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $2,400 under the Sporting Donations Program as summarised in the table below:

Applicant Name	Amount
Nicole Morley	$500
Tegan Lamond	$200
Cecil Hills High – team application	$500
Breanna Evans	$200
Blake Jackson	$200
Sarah Ringrose	$200
Cameron Parsons	$200
Kristina Stojkovic	$200
Meegan Jiminez	$200

2. Endorses the Financial Contribution Panel's recommendations for the provision of $5500 under the Community Donations Program – Youth Donations as summarised in the table below:

Applicant Name	Project Name	Amount
Sarah Yahya	Applicant has been nominated to represent Australia at the International Youth Conference organised by the Harvard National Model United Nations (UN) to engage in negotiations and debates with UN leaders.	$500
Wheels “Towards Independence” Incorporated	Mosaic Mania	$5000 – but only grant the amount when they have acquitted their last $5,000 funding for the Formation Friendship project.

3. Endorses the Financial Contributions Panel's recommendations for the provision of $48,500 under the Corporate Sponsorship Program as summarised in the table below:

Applicant name	Amount
Platinum Pages Pty Ltd	$2,500
Serbian Cultural Club Ltd	$3,000
Desi Media Group	$15,000
Miracle Babies Foundation	$5,000
Australian Turf Club	$20,000
Bula Hibiscus Festival	$3,000

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

ITEM NO: CTTE 13

FILE NO: 285350.2014

SUBJECT: Minutes of the Budget and Finance Committee

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 3 December 2014.

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.

COUNCIL IN CLOSED SESSION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That Council move into Closed Session to consider the following items:

● CONF 01 2015 Australia Day Awards

Reason: s10A(a)

● CONF 02 Request to commence the consultation stage of the road clsoure process to consider closing a part of Scott and Terminus Street, Liverpool & Newbridge Road, Liverpool

Reason: s10A(c)

● CONF 03 Proposed reclassification of a part of Lot 10 DP 1162812, Heathcote Road, Hammondville 'Hammondville Park', from 'Community' to 'Operational' land

Reason: s10A(c)

● CONF 04 Key Sites Master Planning Steering Committee Minutes from Meeting held 2 December 2014

Reason: s10A(c)

● CONF 05 Legal Affairs Report

Reason: s10A(c), s10A(d ii)s10A(g)

● CONF 06 ST2270 – Waste Services for City and Facilities Maintenance

Reason: s10A(d i)

● CONF 07 Acquisition of a part of Lot 1 DP 1157505, 140 Flynn Avenue, Middleton Grange for drainage and open space purposes

Reason: s10A(c)

● CONF 08 Proposed disposal of Lot 1 to 5 in the Plan of Subdivision of Lot 536 DP 865435, 54 Nineteenth Avenue, Hoxton Park

Reason: s10A(c)

● CONF 09 Fire Safety Audit

Reason: s10A(a)s10A(c)

● CONF 10 Proposed disposal of Lot 1 and 2 DP 1150469, 14 Thompson Avenue and 29 Stockton Avenue, Moorebank

Reason: s10A(c)

● CONF 11 Acquisition of a part of Lot 99 DP 1168485 and Lot 10 DP 1081934, Camden Valley Way, Edmondson Park for drainage and open space purposes

Reason: s10A(c)

● CONF 12 Legal Dispute - Rating of Council Financial Instruments

Reason: s10A(g)

● CONF 13 Tender RCL2375 Sportsfield Floodlight Infrastructure and Electrical Services

Reason: s10A(d i)

● CONF 14 Legal Advice - SIMTA Intermodal Concept Plan Approval

Reason: s10A(g)

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

● 10A(2)(a) personal matters concerning particular individuals (other than councillors).

● 10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

● 10A(2)(d ii) commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

● 10A(2)(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.● 10A(2)(d i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

● 10A(2)(d i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

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

Council moved into Closed Session at 7.46pm. The public and the media left the Chambers.

Clrs Hadchiti, Hadid, Harle, Karnib, Ristevski and Waller left the Chambers at 7.46pm.

The meeting was adjourned at 7.46pm due to a lack of a quorum.

Councillor Mamone retired from the meeting at 7.53pm.

The meeting resumed at 7.57pm with the following Councillors present:

Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Karnib

Clr Ristevski

Clr Shelton

Clr Stanley

Clr Waller

Ordinary Meeting 4 February 2015

Notices of Motion

NOM 01

Fifteenth Avenue, Twenty-Seventh Avenue and Twenty Eight Avenue

Strategic Direction	Accessible Connected City Provide safe and easy travel with a high quality road and traffic management network
Key Policy	Road Safety Plan
File Ref	014054.2015
Author	Anne Stanley - Councillor

Background

These intersections and their safety and line of sights have been raised with me by residents on many occasions. Council has made some changes however the danger still exists and with the significant development in the area Fifteenth Avenue and the surrounding areas will have more traffic. Especially with the Western Sydney Parklands proposed Business Park.

NOTICE OF MOTION

That Council:

1. Work with Sydney Catchment Authority to address the heights of the barriers around the canal that obstruct traffic turning out of Twenty seventh and Twenty Eight avenue onto Fifteenth Avenue.

2. Open discussion with Western Sydney Parklands Trust to have upgrades of Fifteenth Ave progress to accommodate the extra traffic that will be generated by the proposed business park and other developments in the area.

3. Report back to Council by its April 2015 meeting detailing works completed.

CHIEF EXECUTIVE OFFICER’S COMMENT

Fifteenth Avenue/Twenty Seventh Avenue, and Fifteenth Avenue/Twenty Eighth Avenue Intersections are staggered four way intersections either side of the Sydney Water Supply (open) channel, Austral.

The intersections are currently priority control with Stop signs at Fifteenth Avenue/Twenty Seventh Avenue intersection and Give Way signs at Fifteenth Avenue/Twenty Seventh Avenue intersection. In the last five years both intersections have recorded one crash involving right turn from the side with through traffic along Fifteenth Avenue.

Fifteenth Avenue is currently a rural two lane, with a 60km/hr signposted speed limit. It is an extension of Hoxton Park Road, and provides one of main accesses to Middleton Grange and a portion of West Hoxton, as well as existing rural residential areas of Austral, Rossmore and Kemps Creek.

Fifteenth Avenue would be one of the main east-west sub-arterial roads, through a portion of the planned South West Growth Centre in these suburbs. To accommodate forecast traffic volumes, Fifteenth Avenue is planned to be widening to a four lane divided road as part of the planned transport infrastructure for the South West Growth Centre.

The future road widening would include appropriate intersection upgrades. The road widening is to be funded by special developer levy to be collected by the State Government as the urban development proceeds. However the road widening is not expected in the short term.

Council has received concerns including representations from Councillor Stanley on behalf local residents, about road safety at the two intersections. Following these concerns, in consultation of the technical members of the Liverpool Local Traffic Committee (LTC), Give Way signs at the Fifteenth Avenue/Twenty Seven Avenue intersection were changed to Stop signs control late last year.

However, Council notes that right turn movement from the southern approach of Twenty Seventh Avenue which provides access residential properties in the local area is affected by two guard rails along a bridge across the Sydney Water Supply Canal. Left turn movements from the north approach along Twenty Eighth Avenue is also affected by other physical barriers across the Sydney Water Supply Canal and a footpath along the north side of Fifteenth Avenue.

Considering in the medium/long term Fifteenth Avenue will be widened and the two intersections modified or realigned, Council will carry out a sight line risk assessment and investigate other minor intersection treatments including signage of the two intersections, and restricted right turn movements, in consultation with the Local Traffic Committee.

With regards to the impact of a Western Sydney Parkland's commercial development in February 2014, the NSW Department of Planning and Infrastructure sought Council's comments for a proposed commercial development off Fifteenth Avenue, West Hoxton. The development site, approximately 67,000 sqm, is on the north east corner of Fifteenth Avenue, and Twenty Seventh Avenue, with a suggested driveway off Fifteenth Avenue.

The site is one of nine locations identified by the Western Sydney Parkland Trust in their Plan of Management of October 2013. The Trust has advised that the proposed business hub, “form an important foundation for securing the long term, sustainable revenue base that funds parklands infrastructure, maintenance and improvements”.

Council has advised Department of Planning, that any development needs to be accompanied by a detailed Traffic Impact Assessment Report including appropriate road widening of the section of Fifteenth Avenue fronting the development site and appropriate intersection upgrades.

Council will therefore work with the Western Sydney Parklands and the Department of Planning to ensure that the Fifteenth Avenue/Twenty Seventh Avenue, and Fifteenth Avenue/Twenty Eight Avenue Intersections are appropriately upgraded, should the development proceeds.

CONSIDERATIONS

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

Nil

Ordinary Meeting 4 February 2015

Notices of Motion

NOM 02

Traffic Interaction - George, Bathurst, Campbell Streets and Westfield Shopping Town

Strategic Direction	Accessible Connected City Provide safe and easy travel with a high quality road and traffic management network
Key Policy	Road Safety Plan
File Ref	014056.2015
Author	Anne Stanley - Councillor

Background

At peak times the traffic entering Westfields Liverpool causes issues in Bathurst Street with traffic sometimes queuing back to Moore Street or further. This traffic congestion then has flow on effects to traffic throughout the CBD and beyond. I have raised this on several occasions but as yet a solution has not been achieved.

NOTICE OF MOTION

That Council:

1. Investigate the traffic interaction with Westfields and implement strategies to improve traffic movements around the centre.

2. Restrict and enforce by way of a barrier traffic turning right into the second Driveway entrance from Bathurst Street. The movement of traffic at this driveway is already illegal as it turns right across double unbroken lines.

3. Liaise with Westfields to improve traffic entry into the car parks. (By for instance presenting tickets without the need to press buttons thereby reducing the wait for cars at the parking barriers.)

4. Report to Council by April 2015.

CHIEF EXECUTIVE OFFICER’S COMMENT

Council is aware of the congestion around the Westfield Precinct due to capacity constraints associated with the access points to and from the Westfield car park, as well as operation of the car park boom gates.

The capacity constraints include the following:

· Proximity of two driveways along Bathurst Street between Elizabeth Street and Campbell Street;

· Close Proximity of the driveway in Campbell Street to the signals at Bathurst Street;

· Close Proximity of the driveway in Campbell Street to the signals at George Street;

· Multi-driveways in George Street with high pedestrian volumes crossings;

· Directional signage within the car park and overall management of traffic flow within the car park; and

· The current technology used at the car park boom gates is time consuming and delays entry and exit movements.

To address these traffic issues, Council has organised a meeting with Westfields Centre Management in the next 2 weeks, to discuss options and avenue to improve traffic conditions around the Westfields Precinct.

Some of the suggestion to be put forward to the Centre Management includes the following:

1. Banning the right turn from Bathurst Street into the signalised entry to Westfields. The movement can be catered through the conversion of Secant Street to a one-way street, thus achieving two thru lanes, to operate as a q-turn roadway to allow entry to the Westfields car park. This option will increase storage and remove conflict.

2. Provision of a median at Bathurst Street across the second entry driveway to Westfields. This option will simplify turning movements into this car park access point.

3. Modification of the intersection of Castlereagh Street and Secant Street to allow the creation of dual left turn slip lanes for both northern and southern approaches.

4. Rearrange the section of Campbell Street, between Macquarie and George Street to provide dedicated right turn bays into the Westfield Car park and also heading southbound in George Street.

5. Boom gate improvements to minimise interaction time and improve throughput access to car park.

If Westfield were to proceed with these improvements it would be gesture of the good will in the post development phase.

The outcome of the discussion with Westfield will be assessed in order to determine a future direction for addressing in collaborative manner. A report will presented to the Local Traffic Committee on possible traffic management changes.

CONSIDERATIONS

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

Nil

Ordinary Meeting 4 February 2015

Development Application Determination Report

DAD 01

DA-4/2014 - 4 Mayberry Crescent Liverpool - Demolition of the existing dwelling; tree removal and construction of a four storey residential flat building containing 9 units and basement parking

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	003389.2015
Report By	Brendon Clendenning - Senior Development Planner
Approved By	Toni Averay - Director Planning & Growth

Property	4 Mayberry Crescent, Liverpool
Owner	Mr R S Sharmookh
Applicant	Partnership Constructions Pty Ltd

Executive Summary

Council has received and considered a development application DA-4/2014, proposing the demolition of the existing dwelling; tree removal and construction of a four storey residential flat building containing 9 units and basement parking at 4 Mayberry Crescent, Liverpool.

This application was referred to the Independent Hearing and Assessment Panel (IHAP) at their meeting on 24 November 2014, and the IHAP recommended that the application be refused given concerns relating to lot amalgamation, privacy and overshadowing.

Subsequent to the IHAP meeting, further information was requested from the applicant, to address the issues relating to the IHAP recommendation. Having considered the additional information received, it is recommended that the application be approved subject to amended conditions.

RECOMMENDATION

That Council:

Approves Development Application DA-4/2014, subject to the recommended conditions attached to the Council officer’s IHAP Report, with Condition 2 amended to read as follows:

Development must be carried out generally in accordance with the Development Application and accompanying plans listed below and stamped DA-4/2014 except where modified by the undermentioned conditions or hand marked in red by Council:

*Description*	*Drawing/Project/Report Number*	*Issue*	*Date*	*Prepared by*
Demolition Work Method Statement	-	-	n.d.	Multi Civil Pty Ltd
Site Plan	2013.028_DA_02	E	30 October 2014	Plann Studio
Basement 1 Floor Plan	2013.028_DA_03	E	30 October 2014	Plann Studio
Site Ground Floor Plan	2013.028_DA_04	E	30 October 2014	Plann Studio
Level 1 Plan	2013.028_DA_05	E	3 December 2014	Plann Studio
Level 2 Plan	2013.028_DA_06	E	3 December 2014	Plann Studio
Level 3 Plan	2013.028_DA_07	E	3 December 2014	Plann Studio
Roof Plan	2013.028_DA_08	E	3 December 2014	Plann Studio
Elevations	2013.028_DA_09	F	3 December 2014	Plann Studio
Elevations	2013.028_DA_10	F	3 December 2014	Plann Studio
Sections	2013.028_DA_11	E	30 October 2014	Plann Studio
Schedule of Finishes	2013.028_DA_16	E	30 October 2014	Plann Studio
Driveway/OSD Tank Details	2013.028_DA_18	A	30 October 2014	Plann Studio
Basement Stormwater	13-053-H01	D	24 October 2014	Abacus Engineering Pty Ltd
Basement Stormwater	13-053-H02	G	24 October 2014	Abacus Engineering Pty Ltd
Basement Stormwater	13-053-H03	D	24 October 2014	Abacus Engineering Pty Ltd
Landscape Plan	3494a L-01	A	18 December 2013	Ray Fuggle Associates
BASIX Certificate	522288M	-	20 September 2013	Gradwell Consulting
Arboricultural Impact Assessment	-	-	29 May 2013	Horticultural Management Services

REPORT

The application seeks development consent for the demolition of the existing dwelling, tree removal and construction of a four storey residential flat building containing nine units and basement parking.

The subject site is known as 4 Mayberry Crescent, Liverpool, and has a legal description of Lot 14 DP 31382. The site has an area of 803m2 and is irregularly shaped with the block becoming increasingly narrow as the distance from the street frontage increases.

Subject Site

Figure 1 Aerial image of the subject site

In accordance with the Liverpool Development Control Plan 2008 (LDCP 2008), the application was advertised for fourteen days from 26 February 2014 to 13 March 2014. During the initial advertising period, seven submissions were received. Following the receipt of amended plans, the application was again advertised for a further fourteen day period from 11 June 2014 to 26 June 2014. During the second advertising period, four submissions were received, only one of which was a new objection, with two of the new objections from the same property owner.

The application was presented to the Independent Hearing and Assessment Panel on 24 November 2014 with a recommendation for approval. The Panel did not support this recommendation and voted unanimously to recommend refusal of the application. The following comments were provided by the Panel in relation to the recommendation:

“The Panel is concerned about non-compliance of the proposal with the minimum lot width, and side boundary setback requirements in part 3.7 of Liverpool Development Control Plan (LDCP) and the consequential impacts of the non-compliances on privacy and solar access to adjoining dwellings, including private open space, of the dwellings to the east.

The Panel has not been provided with sufficient evidence that demonstrates a reasonable offer based on an independent valuation has been provided to acquire one of more of the three properties to the east to enable a larger development site capable of accommodating a building with an FSR of 1:1.

Even if reasonable offers had been made and rejected, the Panel considers that the overshadowing and privacy impacts of the proposed development on the properties to the east is unacceptable. The Panel has a real concern that the lot given its size and shape, is not capable of accommodating a development with FSR of 1:1 (which the proposed development is). We accept that the area is undergoing change but that alone is not sufficient to justify these impacts.

A building with less floor space could be constructed on this site with compliant side boundary setbacks in order to minimise privacy and overshadowing impacts on adjacent properties”.

The applicant submitted additional information in response to the recommendation made by the panel, and this information is discussed below in relation to the IHAP recommendation:

Offer to purchase neighboring property

Figure 2 depicts the site within the context of neighboring sites that could potentially be included within a residential flat development containing the subject site. The site adjoining to the west, 6 Mayberry Crescent, contains a multi dwelling housing development containing four strata subdivided dwellings. As this site contains medium density development, there is limited additional development potential at the site and the site is not ideal for further development, particularly with a floor space ratio of 1:1, which is relatively low for the site given it, is located within the R4 zone.

To amalgamate with properties to the east, it would be expected all three properties adjoining to the east form part of a development site, being No.2 Mayberry Crescent, No. 26A Park Road, and No.26B Park Road. This would provide a regular shaped allotment, with a significantly increased development potential, particularly given the total size all four allotments (the subject site and the adjoining properties).

On this basis, negotiations were commenced by the applicant, with the owner of the property at No.2 Mayberry Crescent.

26A Park Road

26B Park Road

No.2 Mayberry Crescent

§ Figure 2 Aerial image of the subject site and adjoining properties.

The applicant submitted a letter from Darrin Smith, the Director and Licensee of Community First Real Estate in Liverpool. The letter indicates that in early 2014, Mr. Smith approached the owner of the adjoining property being No.2 Mayberry Crescent, on behalf of the applicant, with an offer to purchase the property for $800,000.

Mr Smith also provided a market analysis whereby it was concluded that No.2 Mayberry could be listed at 2 December 2014 for a price between $600,000 and $630,000. A valuation report prepared by a registered valuer was also submitted, which provided a valuation for No.2 Mayberry Crescent at both 1 July 2014 ($680,000) and 10 December 2014 ($715,000).

The information provided by the applicant, indicates that the offer made to purchase the property was in excess of the value of the property, and was adequate to account for relocation costs and other inconveniences. The retrospective valuation provided for 1 July 2014 is the closest valuation made to the date of the offer, and this indicates that the offer was approximately $120,000, or between 17-18%, in excess of the value of the property.

As No.2 Mayberry Crescent is the largest of the three allotments, and is situated at the corner, its inclusion in any development with No.4 Mayberry Crescent is critical, and a development which solely excludes No.2 Mayberry Crescent would render this lot isolated. Thus, any offer to purchase No.26A Park Road and/or No.26B Park Road would be unreasonable.

Setbacks

The proposal presented to IHAP sought several variations to the front and side setback controls contained within the LDCP 2008. The design has been amended seeking to address the concerns raised by IHAP. A consideration of the setbacks of the design presented to IHAP, and the setbacks as proposed within the amended design, are provided in the table below:

Location	Requirement	Proposal	Amended Proposal
Front setback	5.5m (balconies, etc may encroach 1m)	Eastern portions of front balconies balcony have setback as little as 4m, which do not comply..	Unchanged - the encroachments are limited to modulating elements of the balcony and balcony roof, which add visual streetscape interest to the proposal and are satisfactory.
Side	- First 10m in height to have 3m side rear setbacks - Greater than 10m in height to have 8m side setbacks	Western side setback is predominately 3m for the first 10m in building height, however portion of balcony to central apartment is set back between 1.5-2m. Eastern elevation is provided with an articulated setback, with setbacks to some corners of the building being between 2.5-3m. Level 3 is the only level that is above 10m in height, with a finished floor level approximately 9.3m above natural ground level. The report presented to IHAP indicated that the proposed non-compliances to the side setbacks requirements were satisfactory as they were the result of modulating elements that are beneficial to the design of the building in order to provide visual interest, and assist in minimising apparent visual bulk and scale	Western side setback is unchanged. The western side setbacks are largely compliant with the exception of a small portion of the balconies to the central apartment being provided with a setback between 1.5-2m. This setback is considered to be acceptable given that the area immediately adjoining on the adjacent site is used as a driveway for the adjacent townhouse development, and that the side setback compliance is presented within only a relatively small portion of that elevation. The eastern side setback is predominately unchanged. However, the side setback to the balconies to the rear apartments has been increased such that the side setback is now between 2.7-3m, which is an overall increased from the previously proposed setback between 2.5 - 3m. These changes are depicted in Figure 3 and Figure 4.
Rear	- First 10m in height to have 8m rear setbacks - Greater than 10m in height to have 8m rear setbacks	Rear setback is in excess of 12m for all levels and complies with the requirement.	Unchanged – complies.

The side setback non-compliances have been improved as indicated in the above table. The report presented to IHAP indicated that the proposed non-compliances to the side setbacks requirements were satisfactory as they were the result of modulating elements that are beneficial to the design of the building in order to provide visual interest, and assist in minimising apparent visual bulk and scale.

Through the reduction in the rear side setbacks non-compliances that are indicated within Figure 3 and Figure 4, the amended proposal further reduces the apparent visual bulk, without removing the articulated appearance of the eastern elevation. This is particularly important given the location of the balconies at the rear of the property, where impacts are likely to be greater than the front of the property.

The result is that the Level 1 and Level 2 rear dwellings are provided with a private open space of 10.7m², which is less than the requirement of 12m² for medium sized dwellings. Notwithstanding, the private open space areas are well connected with the respective dwellings and remain of an adequate size to enable the use and enjoyment of their intended occupants, and are considered satisfactory.

Subject Site

§ Figure 3 Roof Plan considered by IHAP

Side setback increased

§ Figure 4 Amended Roof Plan

Following the receipt of additional information, the following comments are provided in relation to the overshadowing and privacy concerns raised by IHAP.

Overshadowing

The report presented to IHAP noted that the subdivision pattern to the east of the subject site, and the siting of the dwellings on these properties, precludes the ability of a fully compliant residential flat development to maintain solar access to the private open spaces of these properties, sufficient to achieve compliance with the DCP. However, the proposal is sensitively designed to maximise solar access to these properties, and does not overshadow the internal living areas of these properties prior to 3:00pm at the winter solstice.

The applicant has submitted additional information in relation to these concerns which further supports the information provided above, through demonstration of the following:

· Design amendments which provide full compliance with the setback requirements would not result in any reduction to overshadowing to the existing neighbouring properties, as the extent of the proposed shadows falls beyond the roof of the neighbouring properties.

· The properties at No 26A Park Road and No.26B Park Road currently contain awnings which overshadow the majority of the rear yards to these two properties, such that these rear yards receive very little solar access, particularly in mid-winter.

· Should the three sites to the east be amalgamated, a development that complied with the setback requirements would not receive significant additional solar access on its western side regardless of whether side setbacks of the proposal were amended to comply. In addition, as this site sits at the corner, there is an opportunity to ensure that balconies are oriented towards the north, south and east with little need to provide balconies oriented towards the west.

In addition, while the proposal may impact solar panels to the east of the subject site, these solar panels are likely to receive direct some solar access for periods of the winter solstice. The current development controls do not require development to maintain complete solar access to solar panels throughout the year; such a requirement would place an unreasonable constraint on development, particularly where greater densities and building heights are made permissible by the LEP.

Privacy

The majority of the proposed balconies are located with minimal opportunities for unreasonable overlooking into neighbouring properties. The rear balconies have been redesigned such that they are within 300mm of complying with the side setback requirement, and are also provided with privacy screening to prevent overlooking.

The other balconies with a side orientation are designed with moveable louvres or are subject to a recommended condition requiring this provision.

There are likely to be little privacy impacts on the properties to the west, given that the area immediately adjacent is used for the purposes of a driveway.

Conclusion

The impact of the proposed side setbacks with respect to bulk and scale, privacy and overshadowing are considered to be commensurate with a sensitively designed development that is compliant with the development controls. The non-compliances are limited to modulating elements which provide visual interest. The proposed design amendments have further reduced the impacts, and the additional shadow information provided has demonstrated that there are limited opportunities to improve the solar access to the adjoining properties through design amendments.

A proposal that contains the three sites that adjoin to the east may provide a reduced impact to that of the proposal (particularly as such a development would not be constrained by an eastern adjoining property); however, the applicant has not been able to negotiate a reasonable purchase for the largest of these three sites.

The application has been assessed having regard to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979, and the relevant Environmental Planning Instruments including the applicable State Environmental Planning Policies, Liverpool Local Environment Plan 2008, LDCP 2008, and the relevant codes and policies of Council.

The proposed development is permissible within the R4 High Density Residential Zone and is considered to be consistent with the standards of the LLEP and objectives of the zone. The proposal as amended generally complies with the controls contained within Liverpool DCP 2008 with minor variations being sought. The application is recommended for approval.

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	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. Applicant business details View (Under separate cover)

2. IHAP Report -View DA-4/2014 (Under separate cover)

3. IHAP Recommendation - DA-4/2014 View (Under separate cover)

4. Amended architectural plans - DA-4/2014 View (Under separate cover)

5. Letter from Community First Real Estate - DA-4/2014 View (Under separate cover)

6. Valuation Report - Opteon Property Group - DA-4/2014 View (Under separate cover)

7. Comparative Market Analysis - Community First Real Esta Viewte - DA-4/2014 (Under separate cover)

Ordinary Meeting 4 February 2015

Development Application Determination Report

DAD 02

RD - 4/2014 Review of determination of DA-851/2013 pursuant to Section 82A of the EPA&A application for boarding house containing 11 bedrooms

Strategic Direction	Liveable Safe City Facilitate diverse and more affordable housing options
Key Policy	Urban Development Plans
File Ref	015854.2015
Report By	Nabila Samadie - Senior Development Planner
Approved By	Toni Averay - Director Planning & Growth

Property

19 (Lot 3, DP 22167) Cabramatta Avenue, Miller

Owner

Ananth Aviram Reddy

Gloriano De Angelis

Applicant

Ananth Aviram Reddy

Gloriano De Angelis

Executive Summary

Council is in receipt of an application RD-4/2014 seeking a review of determination of DA-851/2013 pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 (EP& AAct).

The original application sought consent for the construction of a boarding house containing 11 bedrooms within a partly single storey and partly 3-storey building; including creation of a storm water easement through the rear property known as No. 19 Cabramatta Avenue, Miller or Lot 3 DP 22167.

The original application was referred to the Independent Hearing and Assessment Panel (IHAP) for consideration in accordance with the IHAP Charter. The IHAP at its meeting of 28 July 2014 considered the subject application and planning assessment report which recommended approval of the application subject to the imposition of additional conditions of consent relating to privacy.

The original application was considered by Council on its meeting of 27 August 2014 and was refused for the following reasons:

1. The proposal is inconsistent with Schedule 1 of the Environmental Planning & Assessment Regulation 2000, as an agreement in writing from the adjoining owners granting consent for the creation of an easement for disposal of downstream drainage onto their property has not been provided with the application.

2. The application contains inadequate information to determine whether the proposed development is consistent with Section 79C(1)(b)(c) of the Environmental Planning and Assessment Act 1979, as a geotechnical report prepared by a qualified and practising geotechnical engineer has not been submitted.

3. The proposal is inconsistent with Clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009, as two (2) motorcycle parking spaces are required to be provided for the proposed development and this has not been provided on the application.

4. The proposed development is not in the public interest.

The application made under Section 82A of the EP&A Act has addressed the above reasons for refusal in the following way:

· An agreement from the adjoining owners in writing has been provided granting consent for the creation of an easement for disposal of downstream drainage onto their property.

· A geotechnical report has also been prepared by a qualified and practising geotechnical Engineer

· Two motorcycle parking spaces have now been provided for the proposed development in accordance with the requirements of the SEPP (Affordable Rental Housing) 2009. Three bicycle spaces remain as previously proposed.

Given that the above matters have been addressed, it is recommended that this application for the review of determination of DA-851/2013 be approved by way of a deferred commencement, and that appropriate conditions be imposed accordingly.

RECOMMENDATION

That Council:

Approves review RD-4/2014 of Development Application No. 851/2013, subject to the attached deferred commencement and standard conditions of consent.

REPORT

Background

The original development application sought 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 storm water easement through the rear property known as Lot 3 DP 22167, 19 Cabramatta Avenue, Miller.

The Proposal

The application is for a review of the original application determined by Council at its meeting on 27 August 2014, lodged pursuant to Section 82A(1) of the EP&AAct.

The proposal remains substantially the same as the original application for the proposed boarding house including car and bicycle parking, landscaping and site works.

The following amendments have been made to the proposal to address the reasons for refusal of the original application:

· Provision of two motorcycle spaces adjacent to the three bicycle spaces originally proposed in accordance with State Environmental Planning Policy (Affordable Rental Housing) 2009;

· Minor alterations to the proposed landscaping adjacent to the motorcycle parking spaces;

· Owner’s consent has been provided from the adjoining owners for the drainage easement; and

· A Geotechnical Investigation Report has been submitted.

The amendments to the design to provide motor motorcycle parking spaces require an amended landscaping plan which has not been provided by the applicant. Therefore an amended landscape plan will be required via a deferred commencement condition.

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 574.4m²with 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.

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

Figure 1 Aerial image of the subject site

Assessment

The following matters were considered previously as part of the assessment of the application:

· Environmental Planning and Assessment Act 1979;

· State Environmental Planning Policy (Affordable rental Housing ) 2009 (ARH SEPP);

· State Environmental Planning Policy No.55 – Remedial of Land (SEPP 55)

· Greater Metropolitan regional Environmental No.2 – Georges River Catchment; (deemed SEPP)

· Liverpool Local Environmental Plan 2008

· Liverpool Development Control Plan 2008

A copy of the planning assessment is contained within the IHAP report (under separate cover).

Relevant matters for consideration under Section 82A of the EP&AAct

a) Notification of the review of determinations

Internal Referrals

The Section 82A Review was referred to relevant Council Departments and the following comments received:

Department	Comments
Engineering	Supported, subject to deferred conditions of consent
Landscaping	Supported, subject to conditions previously provided.

External Referrals

The proposed development did not require referral to any external agencies.

Exhibition Period

The application was publicly notified in accordance with Part 1 of the LDCP 2008 from 26 November 2014 to 11 December 2014.

b) Any submissions made concerning the request for review

Two submissions were received as a result of public notification, one submission contained 2 signatures. The issues raised in these submissions are discussed below:

Issues raised:

Traffic issues

The street is too narrow for traffic and there are already parking problems on the street. The Boarding House should have its own parking spaces within the building, not just the bicycle parking. The Boarding House will occupy the car parking on the street.

Comment:

In accordance with ARH SEPP 2009, 0.2 car spaces per boarding room are required. As there are 11 rooms proposed, only two car parking spaces are required, which have been provided. Two parking spaces for motorcycles and three spaces for bicycles have also been provided.

The proposal is also required to be within 800m walking distance of a railway station and within 400m walking distance of a bus stop used regularly between 6am and 9pm Monday to Friday, and 8am to 6pm weekends.

The site is located approximately 300m walking distance from a bus stop (refer to figure 9 below for bus stop location plan). The bus stop is located next to Miller Public School. Bus routes 802 and 803 services the bus stop during the following hours:

· 4:15am to 9:07pm, Monday to Friday;

· 5:59am to 7:31pm, Saturdays; and

· 6:55am to 7:10pm, Sundays.

At least one bus services the bus stop per hour within the above mentioned hours.

The site is therefore located within an accessible area and is not envisaged to create a demand for additional parking. Also, the on-street parking is restricted from Monday to Friday 8am to 5pm in Collinsville Place.

As part of the original assessment, Council’s Traffic Engineer concluded that the local road network has capacity to accommodate traffic generated from the proposed development.

Issues raised

Social issues

The targeted tenants for the proposal are unclear. The concerns are that it would attract unlawful activities in the area.

Comment:

There is no requirement in the SEPP (Affordable Rental Housing) 2009 to stipulate the type of persons who will use the boarding house. Prior to occupying the premises all boarders will be required to show identification and be registered by the leasing agent.

In addition to the above, an Operational Plan of Management has been submitted with the application, the requirements of the Operational Plan of Management are as follows:

The applicant/operator of the Boarding House shall provide the Council and all neighbouring properties with a 24-hour telephone contact number which can be used for registering complaints. The applicant/operator of the Boarding House will monitor the number and nature of any complaints and will formally register all complaints received and any action taken to rectify the problems in the register Complaints Log. The Log shall be made available to Council when requested.

The Plan of Management also specifies how the premises are to operate as a boarding house, and addresses the following:

• Resident behavior;

• maintaining good relations with neighbors;

• noise;

• the use of external areas;

• the holding of parties;

• the consumption of alcohol on the premises;

• the use of stereos and like equipment;

• the carrying out of activities likely to cause a nuisance;

• the parking of vehicles;

• the registering of complaints;

• dealing with complaints;

• cleaning schedules for the common areas of the premises;

• waste disposal systems;

• number of approved boarding house rooms;

• stipulating the average hours per day that the site operator/applicant can be contacted; and

• a conflict resolution methodology.

The premises will be required to be managed and operated strictly in accordance with the Plan of Management.

c) Amendments are substantially the same development as the development described in the original application

Council's IHAP considered the application at its meeting of 28 July 2014 which recommended approval of the development subject to the imposition of additional conditions of consent relating to privacy. These conditions included reducing the sill height of the rear windows, provisions of obscured glazing to the windows on the western elevation; and installation of a privacy screen along the outdoor covered seating area. The applicant has amended the plans to reflect these requirements, and therefore the additional conditions relating to privacy are no longer required.

The following amendments have also been made to the proposal to address the reasons for refusal:

· Provision of two motorcycle spaces adjacent to the three bicycle spaces;

· Minor alterations to the proposed landscaping adjacent to the motorcycle parking spaces;

· Owners consent has been provided by the adjoining owners for the drainage easement; and

· A Geotechnical Investigation Report has been submitted.

Notwithstanding the amendments proposed under the application for Section 82A review of determination, the development is considered to remain substantially the same development as that to which Council originally determined. The proposal will remain as a boarding house which is of the same bulk and scale as previously proposed.

Conclusion

Council has received and considered an application RD-4/2014 seeking a review of determination of DA-851/2013. This review application has been lodged pursuant to Section 82A of the EP&A Act.

The applicant has sought to lodge the subject application requesting Council to review its original determination and in this instance the reasons for refusal. In support of this application for review, the applicant has submitted additional information addressing the issues raised in the refusal.

Given that the reasons for refusal have been addressed and resolved, it is recommended that this application for review of determination of DA-851/2013 being RD-4/2014 be approved as deferred commencement, subject to appropriate conditions.

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. Applicant and owner business details View (Under separate cover)

2. Recommended conditions of consent - RD-4/2014 View (Under separate cover)

3. IHAP report for DA-851/2013 View (Under separate cover)

4. IHAP recommendation for DA-851/2013 View (Under separate cover)

5. Council report for DA-851/2013 View (Under separate cover)

6. Council resolution for DA-851/2013 View (Under separate cover)

7. Geotechnical Report for RD-4/2014 View (Under separate cover)

8. Owners Consent Letter for easement RD-4/2014 View (Under separate cover)

9. Survey Plan for RD-4/2014 View (Under separate cover)

10. Architectural Plans View (Under separate cover)

117

Ordinary Meeting 4 February 2015

Chief Financial Officer

CFO 04

Investment Report December 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	007214.2015
Report By	Christian Hope - Senior Financial Accountant
Approved By	Gary Grantham - Chief Financial Officer

Executive Summary

This report details the Council’s Investment portfolio.

At 31 December 2014, Council held investments with a market value of $165.78 million. The portfolio yielded a return of 3.87 per cent being 111 basis points above the benchmark of 2.76 per cent for the month.

Council’s investments and reporting obligations fully comply with the requirements of Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council's Investment Policy

RECOMMENDATION

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

At 31 December, Council held investments with a market value of $165.78 million. Council’s investment register detailing all its investments is provided as an attachment to this report.

In summary, Council’s portfolio consisted of investments in:

· Term deposits $125 million

· Cash at Call & in Bank $18.6 million

· Debt securities, Bonds & FRN’s $22.18 million

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

Asset Class	Dec-14	Jun-14
Senior Debts (FRN's)	100.88%	101.48%
Senior Bonds (NCD & Corporate Bonds)	107.9%	104.56%
MBS (Reverse Mortgage Backed Securities)	63.61%	60.14%
Total	96.31%	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 continues 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. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

The following breaks down Council’s investment by issuer and provides an analysis on their ratings.

Description: 2572iT17

Issuer	Market Value	% Total Value	Institutional Investment limit as per Council's Investment Policy
AMP Bank Ltd	4,971,342	3.00%	20.00%
Bananacoast Community Credit Union Ltd	4,000,000	2.41%	10.00%
Bank of Queensland Ltd	30,000,000	18.10%	20.00%
Bank of Sydney Ltd	1,000,000	0.60%	10.00%
Bendigo & Adelaide Bank Ltd	3,022,760	1.82%	20.00%
Commonwealth Bank of Australia Ltd	18,686,354	11.27%	30.00%
Credit Union Australia Ltd	4,008,860	2.42%	10.00%
*Emerald Reverse Mortgage Trust	1,929,923	1.16%	0.00%
Members Equity Bank Ltd	11,016,370	6.64%	10.00%
MyState Bank Ltd	2,000,000	1.21%	20.00%
*National Australia Bank Ltd	50,038,490	30.18%	30.00%
P&N Bank Ltd	8,000,000	4.83%	10.00%
Police Bank Ltd	3,004,250	1.81%	10.00%
Rabobank Australia Ltd	9,000,000	5.43%	30.00%
St George Bank Limited	2,000,000	1.21%	30.00%
Suncorp-Metway Ltd	2,012,680	1.21%	20.00%
Teachers Mutual Bank Ltd	2,006,180	1.21%	10.00%
Westpac Banking Corporation Ltd	9,087,450	5.48%	30.00%
Portfolio Total	165,784,660	100.00%

*Investment Policy non-complying investments (refer to commentary below in” investment policy compliance”)

Security Rating

Short Term Security Rating Group	Market Value	% Total Value	Investment Policy Limit
A1+	46,629,445	28.13%	100.00%
A1	13,971,342	8.43%	100.00%
A2	52,000,000	31.36%	60.00%
N/R	5,000,000	3.02%	50.00%
Total Short Term Security Rating Group	117,600,787	70.94%
Long Term Security Rating Group
AAA	1,202,043	0.73%	100.00%
AA+ to AA-	35,183,990	21.21%	100.00%
A+ to A-	3,762180	2.27%	60.00%
BBB+ to BBB-	6,035,660	4.85%	50.00%
Total Long Term Security Rating Group	48,183,873	29.06%
Total Portfolio	165,784,660	100%

Council’s investment portfolio yielded an annualised return of 3.87 per cent being 111 basis points above the annualised benchmark of 2.76 per cent for the month of December. The monthly return is expected to gradually decrease as old investments in Council’s portfolio mature and replaced with investments yielding lower returns.

Portfolio Maturity Profile

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

Investment Portfolio at a Glance

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

The portfolio yield for December is above the annualised benchmark for the month (3.87% against 2.76%).

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

The portfolio yield for the past 12 month period is above the benchmark for the same period (3.98% against 2.69%).

Annual Income vs. Budget

Council’s investment income on

General Fund was $162k above year to date budget.

Investment Policy Compliance

Legislative Requirements		Fully Compliant.
Portfolio Credit Rating Limit		Fully Compliant.
Institutional Exposure Limits	X	Non-compliance for two institutions, National Australia Bank (NAB), and Emerald Reverse Mortgages. The actual investment holding for NAB is slightly over the policy limit of 30% for AA rated banks (actual for the month of December being 30.18%).The Emerald Reverse Mortgages securities are grand fathered investments pre the “Cole” report. Council’s policy will be amended to: (1) increase individual institution holdings for AA rated banks from 30% to 35% and, (2) to exclude grandfathered securities from the Institutional exposure limits.
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. These dates are as follows: · Class A $1.6 million 22 August 2022 · Class C $0.5 million 21 July 2027 · Class C $1.0 million 23 August 2027 Council’s policy will be amended to exclude grandfathered securities from the term to maturity limits.

Economic Outlook – Reserve Bank of Australia

The Reserve Bank Board normally meets eleven times each year, on the first Tuesday of each month, except January. The “Cash Rate” remains at 2.5% until the next RBA board meeting in February 2015.

The return on term deposits over medium term (2 to 3 years to maturity) is currently at 3.5 per cent to 3.8 per cent per annum. Short term deposits rate (less than one year to maturity) is ranging from 3 per cent for 30 days to 3.5 per cent for one year.

Certificate of Responsible Accounting Officer

The Chief Financial Officer, 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	As at the end of December Council’s investment income on General Fund was $162k above year to date budget. A budget variation for Investment income will be requested at the December quarterly review to reflect additional income for the 2014/15 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. Investment Detail Report December 2014 View

2. Performance Graphs - Actual return against 90 day Bank Bill Index View

3. Performance Graphs - Actual to Budget December 2014 View

127

Ordinary Meeting 4 February 2015

Chief Financial Officer

CFO 05

Local Infrastructure Renewal Scheme (LIRS) - Funding Agreement and Borrowing

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	012781.2015
Report By	Vishwa Nadan - Manager Financial Management
Approved By	Gary Grantham - Chief Financial Officer

Executive Summary

The NSW State Government provides interest subsidy assistance to local Councils through its Local Infrastructure Renewal Scheme (LIRS). The Council was successful in obtaining a 3% subsidy for borrowing up to $10.0m to fund the City Centre Revitalisation Project.

This report seeks Council approval to accept and formalise this funding offer with the Office of Local Government. It further seeks Council approval to borrow funds and execute financing agreement with a financial institution offering the most favourable terms.

RECOMMENDATION

That Council:

1. Approves borrowing of $10.0m under the LIRS subsidy assistance program;

2. Authorises the Mayor and the Chief Executive Officer to sign the LIRS funding agreement for City Centre Revitalisation Project;

3. Authorises affixing of Common Seal of the Council to the LIRS Funding Agreement;

4. Authorises the Chief Executive Officer to obtain quotations from major financial institutions and execute a loan agreement with the bank offering most favourable terms;

5. Authorises affixing of Common Seal of the Council, if required, to the bank loan agreement.

REPORT

Background

In 2002, the NSW State Government introduced the Local Infrastructure Renewal Scheme. The LIRS provides Councils a subsidy in interest costs on loans to fund infrastructure maintenance and asset renewals. The scheme has been in operation for past 3 years. The Council was successful in obtaining interest subsidies on borrowings for the following projects:

Round 1

1. Replacement of Air-conditioning – City Library ($1.40m)

2. Road Pavement Reconstruction and Rehabilitation – Various ($8.19m)

Round 2

3. CBD Car Park ($10m)

Round 3

4. Replacement of Air-conditioning – Whitlam Centre ($3m)

The first round of approvals provided a 4% interest subsidy, however, reduces to 3% for applications approved in Rounds 2 and 3.

In November 2014, Council wrote to the Office of Local Government (OLG) to advise that the Multi-level CBD Car Park Project (approved in Round 2) was delayed and requested reallocation of funds to City Centre Revitalization Project.

The OLG, in supporting Council’s request, approved $1.677m interest subsidy for borrowing up to $10.0m for the City Centre Revitalisation project

Funding Agreement

As a result of this approval, the Council is now required to formalise a funding agreement (copy is provided as Attachment 1) with the Office of Local Government.

Bank Loan

On signing, the Council will have authorisation to seek a commercial loan and use these funds to carry out the works in accordance with the agreement. The Office of Local Government will reimburse 3% of interest paid on this loan every 6 months.

The City Centre Revitalisation Project works is expected to commence within first quarter of 2015. Prior to this, Council will obtain quotations from major Australian banks for a 10-year fixed term interest loan for $10.0m and an agreement will be executed with the bank offering most competitive terms.

CONSIDERATIONS

Economic and Financial	Subsidised borrowing under LIRS program is consistent with the Council’s financing strategy and the loan term financial plan. Loan repayment will be approximately $1.277m per annum. The interest cost (estimated at 5%) over 10 year loan period will be $2.769m. Net interest cost to Council (after 3% subsidy) will be $1.092m. The loan will be funded from Council’s Town Improvement Fund (TIF).
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Preserve and maintain heritage, both landscape and cultural as urban development takes place. Deliver high quality services for children and their families.
Civic Leadership and Governance	Deliver services that are customer focused.

ATTACHMENTS

1. OLG Funding Agreement

155

Ordinary Meeting 4 February 2015

Community and Culture Report

DCC 01

Liverpool Mayoral Concert

Strategic Direction	Healthy Inclusive City Plan, support and deliver high quality and accessible services, program and facilities
Key Policy	Ageing Strategy
File Ref	010776.2015
Report By	Sarah Rees - Coordinator Community Development
Approved By	Kiersten Fishburn - Director Community & Culture

Executive Summary

At its meeting on 16 December 2014, Council resolved that a report be provided exploring the opportunity for an additional mid-year Liverpool Mayoral Concert. This is in light of the successful Mayoral Concert delivered in November 2014.

Since its inception over 20 years ago, the Liverpool Mayoral Concert has provided seniors with the opportunity to participate in an affordable social activity that recognises the valuable contributions they make to the local community.

The cost of the Liverpool Mayoral Concert per day is $24,830 totalling $49,660 for two days or $55 per head. This amount does not take into consideration the extensive staffing resources which are required to plan, deliver and evaluate the concert.

Whilst it is recognised that the Liverpool Mayoral Concert is a popular event, it is important to note that it does not represent the diverse senior population in Liverpool. Council’s existing community development programs, programming at the library and at Casula Powerhouse Arts Centre, and civic events offer alternative social outlets for seniors, as well as opportunities for them to engage and connect with the wider community. As such, the social impact benefits from these alternative community activities outweighs the need for mid-year Mayoral Concerts.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Background

The Liverpool Mayoral Concert originally comprised of a small scale event which included a light luncheon and local entertainment. However, the formation of a partnership with Liverpool Catholic Club enabled the event to expand and be delivered over three days attracting 900 participants (300 per day), with the inclusion of a two course meal and professional entertainment.

A recent review was undertaken with Liverpool Catholic Club to identify opportunities to reduce the amount of resources required to deliver the concert without compromising the number of participants. The outcome of the review resulted in a decision being made to consolidate the 2015 Liverpool Mayoral Concert from three days to two days by increasing the capacity from 300 to 450 participants per day.

Despite the long standing arrangement between Council and Liverpool Catholic Club to deliver the concert annually, it is not guaranteed that Liverpool Catholic Club will continue to provide funds for the existing series of concerts in the long term. The introduction of an additional mid-year concert may place unnecessary pressure on existing partnership arrangements.

Budget Implications

The cost of the Liverpool Mayoral Concert per day is $24,830 totalling $49,660 for two days or $55 per head. Participants are currently charged $2 per ticket which provides $1,800 revenue to cover the cost of incidental items such as printing and laminating, including gifts for guest speakers.

Council provides an allocation of $20,000 per financial year for the delivery of the concert. The remaining funds of $29,660 are provided by Liverpool Catholic Club. It should be noted that these figures do not factor in the extensive staffing resources required to plan, deliver and evaluate the concert and administer the ticket sales. If an additional mid-year series of Liverpool Mayoral Concerts is supported, Council would require the release of $49,600 from the Council reserve.

Benefits of the Liverpool Mayoral Concert

Individual Benefits

· Access to a social activity

· Access to an affordable meal

· Access to networking opportunities fostering social connectedness; and

· Increased knowledge of local support services and referral pathways through the provision of an information stand at the concert.

Council Benefits

· Community engagement opportunity with local seniors; and

· Mechanism to highlight Council’s commitment to local seniors.

Alignment with Liverpool’s Ageing Strategy and Action Plan 2014 -2017
The Liverpool Ageing Strategy and Action Plan 2014-2017 directs our programs for the next three years. The Strategy is a document that outlines Council’s commitment to improving the quality of life for older residents by creating environments and communities that support active ageing. This is achieved through alignment of projects to one of the following domains:

· Outdoor spaces and buildings

· Transportation

· Housing

· Social participation

· Respect and social inclusion

· Civic participation and employment

· Communication and information; and

· Community support and health.

We are mindful of the importance of ensuring that our programs align with the domains of the Strategy, including fostering social participation. This is already achieved through a range of community and civic events including but not limited to Senior’s Week, International Day of People with Disability, Harmony Day, Refugee Week, NAIDOC Week, Memories in the Mall, Australia Day and New Year’s Eve celebrations.

In addition, both the library and Casula Powerhouse Arts Centre (CPAC) deliver ongoing programming for seniors. This includes the extremely popular Matinee program at CPAC which has been expanded in 2015 to meet increasing demand.

Conclusion

It is recommended that an additional mid-year Mayoral Concert not be supported for the reasons outlined within this report. The excessive financial costs and added pressure on staffing resources required for the delivery of two separate Mayoral Concerts will have a negative financial impact on Council. Whilst it is acknowledged that the Liverpool Mayoral Concert is a popular and important event for seniors, Council’s existing community development programs, programming at the library and at Casula Powerhouse Arts Centre, and civic events offer additional socially inclusive activities for seniors to participate in.

CONSIDERATIONS

Economic and Financial	The delivery of a mid-year Mayoral Concert series would cost Council $49, 600.
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	Encourage the community to engage in Council initiatives and actions.

ATTACHMENTS

Nil

159

Ordinary Meeting 4 February 2015

Planning and Growth Report

DPG 01

Proposal to amend Part 2.11 of Liverpool Development Control Plan 2008 to remove reference to Edmondson Park South

Strategic Direction	Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development
Key Policy	Urban Development Plans
File Ref	263840.2014
Report By	Laura Perry - Strategic Planner
Approved By	Toni Averay - Director Planning & Growth

Executive Summary

The report proposes to amend Part 2.11 of Liverpool Development Control Plan 2008 applying to the Edmondson Park release area to remove reference to Edmondson Park South for which there is now a separate DCP. The report also seeks support for judiciously increasing the number of fixed roads in Edmondson Park to ensure its future accessibility and navigability.

RECOMMENDATION

That Council:

1. Resolves to prepare and publicly exhibit an amendment to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979.

2. Receives a future report considering the comments received during public exhibition.

REPORT

Introduction

On 5 August 2011, an amendment to the State Environmental Planning Policy (Major Development) 2005 was gazetted, placing land described as Edmondson Park South (see Figure 1 below) under the SEPP. Zoning and other planning controls outlined in Part 31 of Schedule 3 of the Major Development SEPP and associated maps; supersede zoning and other controls provided by the Liverpool Local Environmental Plan 2008 for this part of the release area.

On 12 December 2012 the Edmondson Park South Development Control Plan 2012 came into force over the land described as Edmondson Park South. This DCP specifically supersedes Part 2.11 (Land Subdivision and Development in Edmondson Park) of Liverpool Development Control Plan 2008 as it applies to land described as Edmondson Park South. The sections of Part 2.11 of LDCP 2008 that apply to Edmondson Park South have therefore been redundant since this time. The primary purpose of this amendment is therefore to remove reference to controls relating to land controlled by the Edmondson Park South DCP 2012 from Part 2.11 of LDCP 2008.

The amendment also seeks to protect the accessibility and navigability of the Edmondson Park release area, by increasing the number of fixed roads. Amending the DCP to increase the number of fixed roads (which may be deleted only via an amendment to the DCP) prevents the navigability of the road network from being eroded by road changes approved as part of development consents issued for subdivision.

Specific amendments

The proposed amendment seeks to amend six sections of the Edmondson Park DCP to remove reference to the Edmondson Park Town Centre, conservation areas and other assets which are located within Edmondson Park South and no longer subject to control by Part 2.11 of LDCP 2008. The specific changes involve the following:

· Section 1.3 Hierarchy of Centres: Removes controls relating to the Town Centre.

· Section 1.4 Character Area Statements: Removes the description of the Town Centre and Large Lot Residential, both of which are located in Edmondson Park South.

· Section 1.5 Public Transport: Removes reference to the Town Centre.

· Section 2.1 Street Network and Access: Removes one objective and one control relating to the Town Centre; removes controls relating to Campbelltown Road; removes controls relating to the planned Town Centre Main Street, Secondary Street and Service Lane.

· Section 2.4 Open Space: Removes controls relating to the Town Centre; Removes objectives and controls relating to conservation areas which are located within Edmondson Park South; removes objectives and controls relating to the planned district park which is within Edmondson Park South.

· Section 2.5 Environmental Management: Removes objectives and controls relating to conservation areas.

It is also proposed to amend the Indicative Layout Plan, the Sub-precincts Plan, the Locations of Character Areas Plan, the Possible Public Transport Routes Plan, the Fixed Roads Plan, the Street Types Plan, the Bicycle Network Plan, the Open Space Network Plan, the Areas which may be filled with Council Consent Plan and the Contamination Plan to remove reference to the land described as Edmondson Park South, to which the DCP no longer applies and to correct minor anomalies.

All proposed amendments are detailed in the attachment.

Fixed Road Network

The second purpose of the amendment is to safeguard the accessibility and navigability of the Edmondson Park release area by increasing the number of fixed roads which may be deleted or modified only by a decision of Council. Currently all significant planned roads (the asset protection street, collector streets, major streets and park streets) are fixed roads. Their alignment cannot be varied except by an amendment to the DCP.

Because Edmondson Park was a former farming area, the historical road network is often indirect and circuitous. In order to provide the accessibility, navigability and walkability required, it has been necessary to supplement the road network with an array of local streets, which provide access to all parts of the release area. In order to protect the accessibility and navigability of the Edmondson Park release area as a whole, it is proposed to amend the Fixed Roads Plan to add a number of local streets which are necessary for facilitating access to all parts of the release area to the Fixed Road Plan such that they cannot be deleted or modified by a development application.

The proposed additions to the fixed road network are detailed in the Fixed Roads Plan on pages 23-24 of the attachment.

Conclusion

The proposed amendments to Part 2.11 of LDCP 2008 involve minimal changes made necessary by the making of the Edmondson Park South DCP 2012. The proposed amendment also seeks to increase the fixed roads applying to the Edmondson Park release area, in order to guarantee future accessibility and walkability.

CONSIDERATIONS

Economic and Financial	Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.
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. Illustration of proposed changes to Part 2.11 of LDCP 2008 View (Under separate cover)

162

Ordinary Meeting 4 February 2015

Planning and Growth Report

DPG 02

Approval for Works-In-Kind for DA-170/2013

Strategic Direction	Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development
Key Policy	Urban Development Plans
File Ref	003418.2015
Report By	Charlie Caraballo - Coordinator Land Development
Approved By	Toni Averay - Director Planning & Growth

Executive Summary

Council has received a Works-in-kind (WIK) application from the developers of Lot 126 DP1165462 No.170 Flynn Avenue Middleton Grange (DA-170/2013) seeking approval for carrying out WIK listed in Liverpool Contributions Plan 2009. In order to carry out the subdivision works the developer of DA-170/2013 is required construct road, culvert and drainage channel works in partnership with Council.

In accordance with Council's Works-In-Kind policy 2012, the developer has carried out a competitive tender process and has nominated a preferred contractor with the lowest tender received. Council officers have reviewed the tender documentation and are satisfied with the proposed delivery arrangement. It is considered that the proposal would deliver value for money to Council and at the same time allow the development to proceed.

This report recommends that Council approves the lowest tender with the provision that the WIK credit be capped at the amounts indicated in Liverpool Council Contributions Plan 2009.

RECOMMENDATION

That Council:

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

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

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

REPORT

Development approval for DA-170/2013 was granted by Council. In carrying out the development works, a number of work items will require a WIK arrangement. These WIK items are listed in the Liverpool Contributions Plan 2009.

Below is a list of works items Council is prepared to offset and credit the developers.

DA-170/2013

1. Works Component for item no. WM8 (Drainage Channel) $59,293.74

2. Works Component for items no. C8 and R15 (Culvert and road works) $117,606.99

Total $176,900.73

Following an initial consultation process, the developer submitted an application for carrying out WIK. The developer was advised to employ a competitive tender process in accordance with Council's WIK policy.

Four tenders were received from the following service providers for DA-170/2013

(Note: The list of service providers has not been disclosed for privacy reasons)

After a tender evaluation process by the developer, Menai Civil emerged as the lowest tenderer and the preferred tenderer for DA-170/2013.

Council officers have reviewed the tender documentation and are satisfied with the proposed WIK delivery arrangements.

It is recommended that the WIK proposal by the developer be accepted subject to capping of WIK credit to amounts provided in the Liverpool Contributions Plan 2009.

FINANCIAL IMPLICATIONS

The current value of s94 contributions for the development relating to DA-170/2013 is $1,007,239. The Section 94 Contribution payable after WIK credits are applied will be $830,339.00

CONSIDERATIONS

Economic and Financial	Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.
Environmental and Sustainability	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. Locality Sketch DA-170/2013 View

169
CTTE 01	Warwick Farm Racing Precinct Steering Committee Minutes of Meeting 2 December 2014
Attachment 1	Minutes Warwick Farm Racing Precinct Steering Committee 2 December 2014

175
CTTE 02	Meeting Notes of Liverpool Youth Council meeting held on 2 December 2014
Attachment 1	Meeting Notes December 2015 Liverpool Youth Council

177
CTTE 03	No Intermodal Committee meeting minutes 2 December 2014
Attachment 1	Minutes of No Intermodal Committee meeting 2 December 2014

Strategic Direction	Leading Proactive Council Lead partnerships and collaboration with community, business and governments
Key Policy	Civic Expenses and Facilities Policy
File Ref	262601.2014
Report By	George Georgakis - Manager Council and Executive Services
Approved By	Gary Grantham - Chief Financial Officer

Economic and Financial	The costs associated with attending the 2015 ALGWA Conference are provided for in the 2014/2015 budget. Costs per attendee are: · Registration: $865.00 (early bird registration rate) · Accommodation: $189.00 per room per night
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Supports and advocates for access and equity excellence across the local government industry.
Civic Leadership and Governance	Facilitates the development of leaders from Liverpool. Provides information about and promotes Liverpool and Liverpool Council’s leadership in the local government industry.

107
CFO 01	Australian Local Government Women's Association Conference
Attachment 1	ALGWA 2015 Preliminary Program

111
CFO 02	Policy Review (Red Tape Reduction Project) - Revocation of Use of Council-Branded Administrative Resources Policy
Attachment 1	Use of Council-Branded Administrative Resources Policy

125
CFO 04	Investment Report December 2014
Attachment 2	Performance Graphs - Actual return against 90 day Bank Bill Index

127
CFO 04	Investment Report December 2014
Attachment 3	Performance Graphs - Actual to Budget December 2014

Strategic Direction	Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement
Key Policy	Community Engagement Policy
File Ref	283571.2014
Report By	Megan Munari - Senior Strategic Planner
Approved By	Toni Averay – Director Planning and Growth

181
CTTE 04	Minutes of Aboriginal Consultative Committee Meeting held on 4 December 2014
Attachment 1	Minutes of Aboriginal Consultative Committee Meeting held on 4 December 2014

195
CTTE 05	Minutes of the Liverpool Access Committee 11 December 2014
Attachment 1	Access Committee Minutes December 2014

Strategic Direction	Healthy Inclusive City Improve health and wellbeing and encourage a happy, active community
Key Policy	Recreation Strategy
File Ref	007693.2015
Report By	Mark Westley - Sports Development Officer
Approved By	Kiersten Fishburn – Director Community and Culture

197
CTTE 06	Liverpool City Council Sports Committee Meeting Minutes 27 November 2014
Attachment 1	Liverpool Sports Committee Minutes 27 November 2014

209
CTTE 07	Casula Powerhouse Arts Centre Board Minutes from Meeting 4 December 2014
Attachment 1	Casula Powerhouse Arts Centre Board Meeting Minutes 4 December 2014

Strategic Direction	Proud Engaged City Protect and preserve Liverpool’s heritage, including its rural landscape and cultural history
Key Policy	Heritage Strategy
File Ref	015247.2015
Report By	Anna London - Heritage Officer
Approved By	Nada Mardini – Acting Director Planning and Growth

213
CTTE 08	Heritage Advisory Committee Meeting Minutes of 2 December 2014
Attachment 1	Minutes 2 December 2014 Heritage Advisory Committee