Description: C:\Users\stivalak\Desktop\Business Paper Backgrounds\Council business papers3.jpgLiverpool City Council

Business Paper

 

 

 

 

Council Agenda

 

 

 

 

 

 

 

 

Ordinary Council Meeting

25 March 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Francis Greenway Centre

170 George Street

Liverpool


Description: Description: LCC_bw_logo 

 

 

 

 

 

 

 

 

 

 

 

 


You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 25 March 2015 commencing at 6.00pm. Doors to the Francis Greenway Centre will open at 5.45pm.

 

Liverpool City Council Meetings are taped for the purposes of minute taking and record keeping.  If you have any enquiries please contact Council and Executive Services on 9821 9237.

 

Text Box:
 

 

 


Carl Wulff

CHIEF EXECUTIVE OFFICER

 

 


 

 

 


Order of Business

 

                                                                                                              PAGE     TAB

Opening

Prayer

Apologies 

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 25 February 2015.............................................................. 7

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NOM 01          Committee meetings ...................................................................................... 61......... 1

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

IHAP 01          DA-490/2013 - Demolition of existing structures and erection of a seven storey commercial building at 220-230 Northumberland Street, Liverpool............... 63......... 2

IHAP 02          DA-597/2014 - Staged subdivision to create a total of 20 Torrens title lots over two stages at 5 Angelina Court, Green Valley.................................................................. 68......... 3

IHAP 03          DA-637/2014 - Construction of a nine storey mixed use development at 54-56 Macquarie Street, Liverpool.............................................................................................. 74......... 4

IHAP 04          DA-623/2014 - Torrens title subdivision creating ten residential lots and one residue lot with associated road construction at Lot 215 Southern Cross Drive, Middleton Grange                                                                                                                         80......... 5

IHAP 05          DA-344/2014 - Two stage subdivision to create a total of 27 Torrens title lots at 175 McIver Avenue, Middleton Grange................................................................ 85......... 6

IHAP 06          DA-1015/2014 - Three lot Torrens title subdivision at 5 Plukavec Circuit, Prestons   90 7

IHAP 07          DA-26/2014 - Torrens Title subdivision of one (1) existing lot into six (6) lots; and construction of six (6) single-storey dwelling houses at 154-156 Flynn Avenue, Middleton Grange............................................................................................................ 96......... 8

Development Application Determination Report

NIL

Chief Executive Officer Report

NIL

Business Improvement Report

NIL

Chief Financial Officer

CFO 01           Draft Delivery Program 2013/17 Operational Plan & Budget 2015/16........ 103......... 9

CFO 02           Privacy Management Plan........................................................................... 106....... 10

CFO 03           55th Floodplain Management Association Conference................................ 109....... 11

CFO 04           Investment report February 2015................................................................. 123....... 12

CFO 05           Council Reserves.......................................................................................... 134....... 13

CFO 06           PRIMA Conference Attendance and Study Tour 2015................................ 137....... 14

CFO 07           2015 National General Assembly of Local Government.............................. 142....... 15

City Presentation Report

NIL

Community and Culture Report

DCC 01          Donations, Grants and Sponsorships........................................................... 174....... 16

DCC 02          Proposed Amendments to the Liverpool Youth Council Charter................. 179....... 17

Economy and Engagement Report

NIL

Infrastructure and Environment Report

NIL

Planning and Growth Report

DPG 01          Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment................................................................................................... 197....... 18

DPG 02          Draft Liverpool Local Environmental Plan 2008 (Amendment 48) - Attached Dual Occupancy of up to 200sqm for land zoned RU2 - Rural Landscape and Liverpool Development Control Plan 2008 (Draft Amendment 17)............................. 212....... 19

DPG 03          Liverpool Development Control Plan 2008 Draft Amendment 21 - Notifications relating to Single Dwelling Developments and Section 96 Modifications..................... 218....... 20

DPG 04          Liverpool Design Excellence Panel (LDEP)................................................. 230....... 21

Property and Commercial Development Report

NIL

 

 

Committee Reports

CTTE 01         Environment Advisory Committee Meeting Minutes of 9 February 2015.... 241....... 22

CTTE 02         Street Naming Committee Minutes 3 February 2015.................................. 286....... 23

CTTE 03         Minutes of the Liverpool Access Committee 12 February 2015.................. 291....... 24

CTTE 04         No Intermodal Committee meeting minutes 3 February 2015..................... 296....... 25

CTTE 05         Minutes of the Aboriginal Consultative Committee Meeting held on the 4 February and 4 March 2015  ................................................................................................. 301....... 26

CTTE 06         Minutes of Building Our New City Committee meeting held 4 March 2015 309....... 27

CTTE 07         Minutes of Economic Development and Events Committee meeting held 4 March 2015                                                                                                                       317....... 28

CTTE 08         Minutes of Badgerys Creek Airport Taskforce meeting held 4 March 2015 325....... 29

CTTE 09         Minutes of the Budget and Finance Committee and Councillor Budget Briefing held on 5 March 2015................................................................................................... 330....... 30

CTTE 10         Meeting Notes of the Liverpool Youth Council meeting held 3 March, 2015 334        31

Questions with Notice

QWN 01         Question with Notice - Clr Stanley................................................................ 340....... 32

QWN 02         Question with Notice - Clr Stanley................................................................ 362....... 33  

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 rezoning of part Lot 10 DP 1162812, Heathcote Road, Hammondville, 'Hammondville Park'

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.

 

CONF 02   Key Sites Master Planning Steering Committee Minutes from Meeting held 3 March 2015

Reason:     Item CONF 02 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.

 

 

 

 

 
CONF 03   Appointment of Community representatives on Civic Advisory Committee

Reason:     Item CONF 03 is confidential pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).

 

CONF 04   Legal Affairs Report

Reason:     Item CONF 04 is confidential pursuant to the provisions of s10(A)(2)(c) (d ii) (g) 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; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

CONF 05   Liverpool City Centre LEP Review

Reason:     Item CONF 05 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.  

 

CONF 06.. Compulsory acquisition of Lot 1 DP 514817, 64 Scott Street, Liverpool

Reason:     Item CONF 06 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.

 

CONF 07.. Compulsory acquisition of part Lot 1 DP 1201516, 352-362 Macquarie Street, Liverpool for road purposes

Reason:     Item CONF 07 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.

 

CONF 08.. Stage Two Liverpool Strategic Service Delivery Partnership

Reason:     Item CONF 08 is confidential pursuant to the provisions of s10(A)(2)(d ii) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

 

Close

 


 

 

 

 

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 25 February 2015

 

 

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone

Councillor Ristevski

Councillor Shelton

Councillor Stanley

Councillor Waller

Mr Carl Wulff Chief Executive Officer

Mr Gary Grantham, Chief Financial Officer / Director Corporate Services

Ms Toni Averay, Director Planning and Growth

Ms Kiersten Fishburn, Director Community and Culture

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 Reverend David Clarke from Hoxton Park Anglican Church.

APOLOGIES                         Nil

CONDOLENCES                Nil

Confirmation of Minutes

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Ristevski

 

That the minutes of the Ordinary Meeting held on 4 February 2015 be confirmed as a true
record of that meeting.

 

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

 

Declarations of Interest

 

Clr Stanley declared a pecuniary interest in the following item:

 

Item NOM 02:                      Phase Three Land Reclassifications and Rezonings

Reason:                                 Clr Stanley owns property in the vicinity of one of the

                                               proposed parks.  

 

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

 

Clr Shelton declared a pecuniary interest in the following item:

 

Item CONF 05:                    ST2393 - Tender for the provision of Legal Services to

                                               Liverpool City Council

Reason:                                 Clr Shelton has multiple business dealings at commercial rates

                                               with nearly all of the tenderers.

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

 

Public Forum

Presentation – Items not on agenda                

1.     Mr Vele Trpevski addressed Council on the floods in the Republic of Macedonia.

 

2.     Ms Angelina Kuiper addressed Council on rubbish being left on Bathurst Street (between Campbell and Lachlan Street) and the need for more regular rubbish collections.

(Representation – items on agenda)

 

1.      Mr John Lupton from ShareCare Organisation addressed Council on the following item:

 

Item NOM 04 - Inaugural Mayoral and Councillor Ball

 

 

2.      Ms Sharon Hughes addressed Council on the following item:

 

Item DPG 02 – Draft Liverpool Local Environmental Plan 2008 (Amendment No.46) – Macleod Park Master Plan Post-Exhibition Report.

 

Motion:                                  Moved: Clr Hadchiti             Seconded:  Clr Mamone

 

That a two minute extension of time be given to Ms Sharon Hughes.

 

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


 

Mayoral Minute

SUBJECT: Miracle Babies Turns Ten

 

Liverpool is home to many grassroots not-for-profit organisations which provide a great deal of support to our residents with limited resources. One organisation which has prospered and grown far beyond Liverpool’s borders is the Miracle Babies Foundation which is chaired by former NSW Premier, Mr Morris Iemma and lead operationally, by CEO Ms Melinda Cruz.

 

As many of you will know the foundation started at Liverpool Hospital 10 years ago and supports premature and sick newborns and their families. I attended their 10th birthday celebration last week at Liverpool Hospital with the Member for Menai, Melanie Gibbons MP. It would not surprise many of you to know that this is an issue close to my heart.

 

Mr Iemma and Ms Cruz both spoke with great humility and thanked Council for their continued support of the foundation and its work. More importantly they spoke of the inspirational journey of the foundation’s creation, with many in the crowd shedding a tear in celebration of the lives saved by facilities and staff funded by Miracle Babies.

 

The Miracle Babies story shows just what can be achieved through hard work and dedication in the face of tremendous adversity.

RECOMMENDATION:

 

That Council write to the CEO and Board of Miracle Babies congratulating them on their continued success and contribution to Liverpool Hospital over the last decade.

 

 Motion:                                           Moved: Mayor Mannoun    

 

That the recommendation be adopted.

 

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

 

 


 

Mayoral Minute

SUBJECT: John Edmondson Memorial VC Park Safety 

 

I have received representation from residents in Wattle Grove and the Member for Menai Ms Melanie Gibbons MP regarding safety at John Edmondson Memorial VC Park.

 

The park provides pedestrian access to Birdwood and Bridges Avenues but Ms Gibbons has advised that the residents feel unsafe using the pathways in the evening due to the lack of lighting.

 

I am informed that lighting is often not provided for smaller parks such as John Edmondson Memorial VC Park, because it is believed that such lighting can attract anti-social elements. But in this case, given that pedestrian access for extended periods is a priority for residents, lighting may be a reasonable request.

 

Due to how Wattle Grove was planned there are numerous parks that fit this description.

RECOMMENDATION:

 

That Council:

 

1.      Provide a report to Council on the safety of users of John Edmondson Memorial VC Park, and other relevant parks in Wattle Grove, with particular regard to the lighting and configuration of the park.

 

2.      Write to the residents of Wattle Grove to request feedback on the safety and quality of recreation spaces in their local area.

 

 Motion:                                           Moved: Mayor Mannoun    

 

That the recommendation be adopted.

 

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

 

 


 

 

Mayoral Minute

SUBJECT: Toda School Exchange Program

 

Council has been approached by the former principal of John Edmonson High School, Gary Joannides about the Toda School Exchange Program which Council has previously funded and supported. The program has typically involved 15 high school students from Liverpool visiting Toda City, Japan and 15 students from Toda visiting Liverpool, and has become a long-term cultural exchange with significant good will established.

Unfortunately in the wake of Fukushima Daiichi Nuclear Disaster, Council and High Schools across the Local Government Area were forced to halt their participation in the program due to concerns about potential nuclear radiation. Partnering Council in this program was the Toda International Friendship Association who, in this period of lapsed Council involvement, have continued to send their students to Sydney and to Liverpool.

The program is one of the longest running student exchange programs in Australia and is part of our continuing Sister City relationship with Toda. Since 1993, more than 600 students plus teachers from both Sister Cities have participated in the program. I believe it has brought about a deeper understanding of Japanese culture amongst high school aged residents and their families, and is of particular benefit to those studying the Japanese language at high school, which is a nation of growing importance to Australia’s future. It also reinforces to Council and the community the importance of cross cultural dialogue in this age of global interconnectedness, building upon our existing relationship with Toda City.

In light of the absence of safety concerns in Toda, I would like to support Gary Joannides’ approach to rekindle our exchange program.

RECOMMENDATION:

 

That Council:

 

1.      Allocate $50,000.00 in the 2015/2016 Council Budget to the Toda School Exchange Program.

 

2.      Write to Toda City and the Toda International Friendship Association thanking them for their continued friendship and informing them of Council’s resolution to renew funding for the Toda Student Exchange Program.

 

3.      Write to the principals of high schools in the Local Government Area to inform them of Council’s resolution.

 

 

 

 

 

Motion:                                            Moved: Mayor Mannoun

 

That Council:

 

1.      Consider allocating $50,000.00 in the 2015/2016 Council Budget to the Toda School Exchange Program.

 

2.      Write to Toda City and the Toda International Friendship Association thanking them for their continued friendship and informing them of Council’s resolution to renew funding for the Toda Student Exchange Program subject to the budget approval process.

 

3.      Pending the outcome of the budget approval process, write to the principals of high schools in the Local Government Area to inform them of Council’s resolution.

 

4.      Staff look at all ramifications of safety before sending Liverpool students to Toda City.

 

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

 


 

Mayoral Minute

SUBJECT: Macedonian Flood Assistance

 

Recently, the Republic of Macedonia has experienced dramatic flooding throughout regions of the Pelagonia Valley and large portions of Eastern Macedonia.

 

This has displaced thousands of people and affected the lives of countless others. It has also lead to the destruction of significant infrastructure and mass evacuations.

 

Liverpool’s highly multicultural makeup means that families in our community have directly or indirectly been affected by this natural disaster. Many have come forward to support the efforts of the Macedonian Red Cross’ Flood Appeal, and our community has come to particular note for its outstanding efforts on this front.

 

We benefit greatly from the contribution the Macedonian community makes to Liverpool, and to this end Council would like to follow the example of Rockdale Council in showing our support to our communities’ fundraising efforts in this time of need.

RECOMMENDATION:

 

That Council:

 

1.      On behalf of the City of Liverpool provide $5,000 to the Macedonian Flood Appeal which is being managed by the Embassy of the Republic of Macedonia on behalf of the Macedonian Red Cross.

 

2.      Acknowledges the significant efforts of the Macedonian community in Liverpool and Sydney more broadly to support the relief efforts of the Macedonian Red Cross

 

3.      Reaffirms its support for the Macedonian Community in Liverpool and Australia, in writing to the Ambassador of the Republic of Macedonia in Canberra, Vele Trpevski.

 

 Motion:                                           Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 

 


 

Mayoral Minute

SUBJECT: Chief Executive Officer's 6 Monthly Performance Review - 1 July 2014 to 31 December 2014

 

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:

 

(a)          personnel matters concerning particular individuals.

RECOMMENDATION:

 

That Council:

 

Receives and notes the Mayoral Minute on behalf of the Chief Executive Officer Performance Review Committee (PRC).

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 


Notices of Motion

ITEM NO:      NOM 01

FILE NO:        023453.2015

SUBJECT:     Northumberland Serviceway

 

NOTICE OF MOTION

 

That Council:

 

1.   Reviews Northumberland Service way, Liverpool

 

2.   Takes steps to ensure that all garbage bins are properly stowed within premises as required by relevant DA.

 

3.   Takes steps to ensure that business do not store goods or garbage or trolleys on the roadway obstructing traffic.

 

4.   Addresses the use of the service way as an extension of business premises. Especially the use of forklifts to move goods holding up traffic.

 

5.   Direct business to remove all accumulated rubbish.

 

6.   Reports back to Council at its May meeting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Ristevski

 

That Council:

 

1.      Acknowledge Councillor Hadid’s notice of motion of 29 October 2014 entitled “CBD Waste Strategy” which called for a review of waste policies in the CBD, investigation of more frequent pick-ups and shared bins, and consideration of ways of encouraging businesses to share bins and shield them from the public.

 

2.      Note that the issue of bins in the service ways has already been raised in Council, and that the investigation of real solutions to these problems is underway.

 

3.      Appreciate Councillor Stanley’s concern on this issue.

 

4.      Request a briefing from Council officers, on a monthly basis on progress of Councillor Hadid’s motion, including the identification of possible locations for shared bins.

 

5.      Action relating to Northumberland Serviceway be seen as a priority and progress on this be reported to Council at the May Council meeting.

 

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


17

Clr Stanley left the Chambers at 6.49pm.

 

ITEM NO:      NOM 02

FILE NO:        036263.2015

SUBJECT:     Phase Three Land Reclassifications and Rezonings

 

NOTICE OF MOTION

 

That Council forthwith discontinue its attempts to reclassify and rezone the following properties: 

 

·    124A Wonga Road, Lurnea (McCarthy Park)

·    Part of 15 Qantas Boulevard, Middleton Grange (Part of Stante Reserve)

·    8 Ferrington Crescent, Liverpool (Ferrington Park)

·    20A Frazer Avenue, Lurnea (Baker Park)

·    84A St Andrews Boulevard, Casula (St Andrews Park)

·    26 Wendlebury Road, Chipping Norton (Wendlebury Park)

·    2A Deerwood Avenue, Liverpool (Hazel Bradshaw Park)

·    22 Box Road, Casula (Mimosa Park)

·    72A Grevillea Crescent, Prestons (Acacia Park)

·    9 Gunsynd Avenue, Casula (Part of Thawaral Park)

·    10 Anjudy Close, Casula (Part of Thawaral Park)

·    230 Newbridge Road, Moorebank (Part of Regan Park)

·    99-101 Rose Street, Liverpool (Part of Pearce Park)

·    12A Brain Avenue, Lurnea (Hannan Park)

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That Council:

 

1.      Notes that extensive analysis undertaken before the reclassification of the land in question.

 

2.      Notes that to not proceed with the process would make a mockery of Council’s lengthy consideration of this matter.

 

3.      Notes that without the current Council’s sensible asset management, we would not be in position to deliver the improvements in amenity and facilities that are underway and planned.

 

4.      Notes that Liverpool Council’s sound asset management should not be reversed due to irrelevant state elections elsewhere in Australia.

5.      Notes that such facilities and amenities are put at risk by attempts to undo this process.

 

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

 

Division called:

 

Vote for:                       Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Mamone

Clr Ristevski

 

Vote against:               Clr Harle

Clr Karnib

Clr Shelton

Clr Waller

 

Clr Stanley was not in the Chambers when this item was voted on.


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ITEM NO:      NOM 03

FILE NO:        036401.2015

SUBJECT:     Matching Sports Grants

 

NOTICE OF MOTION

 

That Council:

 

1.   Allocate $50,000.00 in the 2015/16 budget to a Matching Grants program for local sporting organisations to commence in July 2015.

 

2.   Direct the CEO to develop draft guidelines, application forms, assessment criteria and a charter for an assessment panel which includes Councillor representation.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Mayor Mannoun

 

That Council:

 

1.      Consider allocating $200,000.00 in the 2015/16 budget to a Matching Grants program for local sporting organisations to commence in July 2015.

 

2.      Direct the CEO to develop draft guidelines, application forms, assessment criteria and a charter for an assessment panel which includes Councillor representation.

 

3.      Note that the funds will be subject to CPI increases.

 

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

 


21

ITEM NO:      NOM 04

FILE NO:        036478.2015

SUBJECT:     Inaugural Mayoral and Councillor Ball

 

NOTICE OF MOTION

 

That:

 

1.   Council hold the 2015 annual Mayor and Councillor Ball at the Liverpool Catholic Club on 29 August 2015

 

2.   The proceeds of the Ball from ticket sales, raffles, auctions and sponsorship to go to Share Care and Liverpool Women's Health Centre. Council will be the facilitator of ticket sales. 

 

3.   A Ball organising committee be established and consist of the Mayor, Deputy Mayor and Councillor Sabrina Mamone.  

 

4.   Council fund the advertising of the Ball in the Liverpool City Champion, Liverpool Leader, Council website and the Council newsletter that gets sent out with the rates. 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ristevski           Seconded: Clr Hadchiti

 

That:

1.      Council hold the 2015 annual Mayor and Councillor Ball at the Liverpool Catholic Club on 22 August 2015.

 

2.      The proceeds of the Ball from ticket sales, raffles, auctions and sponsorship to go to a recipient associated with Liverpool Hospital and to Share Care. Council will be the facilitator of ticket sales.

 

3.      A Ball organising committee be established and consist of the Mayor, Deputy Mayor and Councillor Sabrina Mamone. This committee with participate in the existing regular meetings of the Ball organisers and Council staff to ensure the progress of the preparations for the Ball. A representative from Share Care and a representative from Liverpool Hospital be part of the Committee.

 

4.      Council fund the advertising of the Ball in the Liverpool City Champion, Liverpool Leader, Council website and the Council newsletter that gets sent out with the rates.

 

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

 

 


Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That CONF 08 be brought forward and dealt with now.

 

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

ITEM NO:       CONF 08

FILE NO:        018167.2015

SUBJECT:     Design and Construction of the Carnes Hill Precinct

 

RECOMMENDATION

 

That Council:

 

1.    Accepts the Tender from Kane Constructions Pty Ltd for WT2401 – Contract Relating to the Design and Construction of Carnes Hill Recreation Precinct at the GST inclusive price specified in the Confidential Report.

2.    Makes public its decision regarding tender WT2401 - Contract Relating to the Design and Construction of Carnes Hill Recreation Precinct.

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

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti            Seconded: Clr Hadid

 

That Council:

 

1.    Accepts the Tender from Kane Constructions Pty Ltd for WT2401 – Contract Relating to the Design and Construction of Carnes Hill Recreation Precinct at the GST inclusive price of $30,481,322.20.

2.    Makes public its decision regarding tender WT2401 - Contract Relating to the Design and Construction of Carnes Hill Recreation Precinct.

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

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

5.      Thank staff for their work on this project, in particular Raj Autar, Albert Galetta and Neeraj Kumar and their teams.

 

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

 

Councillors voted unanimously for this motion.


23

Development Application Determination Report

ITEM NO:      DAD 01

FILE NO:        039400.2015

SUBJECT:     Development Application DA-426/2014 at Lot 31 and Lot 32 in DP 1181985, Brickmakers Drive, Moorebank seeking approval for a staged subdivision

 

RECOMMENDATION

 

That Council approves Development Application DA-426/2014 subject to the recommended conditions of consent attached to this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

 


Chief Financial Officer

ITEM NO:      CFO 01

FILE NO:        279909.2014

SUBJECT:     Revised Investment Policy

 

RECOMMENDATION

 

That Council’s adopts the revised Investment Policy.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 


25

ITEM NO:      CFO 02

FILE NO:        003802.2015

SUBJECT:     Adoption of Civic Advisory Committee Charter and Amendments to Australia Day Awards Recipients Policy and Order of Liverpool Awards Policy

 

RECOMMENDATION

 

That Council:

 

1.   Note this report.

 

2.   Adopt the Civic Advisory Committee Charter and amended Australia Day Awards Recipients Policy and the amended Order of Liverpool Awards Policy, as attached to this report.

 

3.   Notes that expressions of interest for community members are being invited with a view to holding the first Committee meeting in March 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Ristevski

 

That Council:

 

  1. Notes this report.

 

  1. Adopts the Civic Advisory Committee Charter and amended Australia Day Awards Recipients Policy and the amended Order of Liverpool Awards Policy, as attached to this report, with section 7.3.a to read:

7.3.a “Former Mayors and Councillors of Council (as observers only)”

 

  1. Notes that expressions of interest for community members are being invited with a view to holding the first Committee meeting in March 2015.

 

  1. Investigate merging the three policies into one policy and report back to Council.

 

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


ITEM NO:      CFO 03

FILE NO:        004352.2015

SUBJECT:     Adoption of Fraud and Corruption Prevention Policy

 

RECOMMENDATION

 

That Council:

 

1.       Note this report.

 

2.       Revoke Council’s current Fraud and Corruption Prevention Policy and Fraud and Corruption Prevention Plan.

 

3.       Adopt the Fraud and Prevention Policy, as attached to this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

 


27

ITEM NO:      CFO 04

FILE NO:        006974.2015

SUBJECT:     December Community Performance Reort

 

RECOMMENDATION

 

That Council receives and notes the December Community Performance Report which outlines the progress of all principal activities contained in the 4-year Delivery Program and Operational Plan 14/15.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 


ITEM NO:      CFO 05

FILE NO:        025967.2015

SUBJECT:     Investment Report January 2015

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

 


29

ITEM NO:      CFO 06

FILE NO:        027984.2015

SUBJECT:     2016 Local Government Elections

 

RECOMMENDATION

 

That Council:

 

1.       Pursuant to s.296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the NSW Electoral Commissioner to administer all elections of the Council.

 

2.       Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a Council poll arrangement be entered into by contract for the NSW Electoral Commissioner to administer all Council polls of the Council.

 

3.       Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the NSW Electoral Commissioner to administer all constitutional referenda of the Council. 

 

4.       Grants delegation to the CEO or his delegate to execute the contract for the 2016 Liverpool City Council elections to the estimated value of $832,919 and where possible negotiate on commercial terms how the election will be administered and final monetary value of the contract; and 

 

5.       Requests the CEO to notify the Office of Local Government and the NSW Electoral Commissioner of Council’s resolution. 

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Hadid

 

That Council:

 

1.    Pursuant to s.296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the NSW Electoral Commissioner to administer all elections of the Council.

 

2.    Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a Council poll arrangement be entered into by contract for the NSW Electoral Commissioner to administer all Council polls of the Council.

 

3.    Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the NSW Electoral Commissioner to administer all constitutional referenda of the Council. 

 

4.    Grants delegation to the CEO or his delegate to execute the contract for the 2016 Liverpool City Council elections to the estimated value of $832,919 and where possible negotiate on commercial terms how the election will be administered and final monetary value of the contract; and 

 

5.    Requests the CEO to notify the Office of Local Government and the NSW Electoral Commissioner of Council’s resolution. 

 

6.    Be consulted on the location of booths, in particular the location of pre-poll.

 

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

 


31

ITEM NO:      CFO 07

FILE NO:        032723.2015

SUBJECT:     December 2014 Budget Review

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the report;

 

2.       Approves the identified budget variations in accordance with this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


ITEM NO:      CFO 08

FILE NO:        033938.2015

SUBJECT:     Council Reserves

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the report;

 

2.       Approves the recommended changes to Council Reserves structure.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

  1. Appreciates the direction of this report as part of the improvement of financial management in the Council.

 

2.      Defer this matter for an in-depth briefing.

 

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

 

 


33

Clr Stanley returned to the Chambers at 7.39pm.

 

Community and Culture Report

ITEM NO:      DCC 01

FILE NO:        003963.2015

SUBJECT:     Donations, Grants and Sponsorships

 

RECOMMENDATION

 

That Council endorses the Financial Contributions Panel's recommendations for the provision of $6,000 under the Corporate Sponsorship Program as summarised in the table below:

 

Applicant name

Amount

Shree Sanatan Dharm Pratinindhi Sabha of Australia Inc.

$3,000

YMCA Leisure Centre

$3,000

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 

 

 


ITEM NO:      DCC 02

FILE NO:        015575.2015

SUBJECT:     Liverpool Listens Evaluation Report

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report

 

2.   Approves $80,000 (excluding GST) to continue the subscription to Engagement HQ supplied by Bang the Table for a further three years and allocates funds from the Special Projects Reserve to cover this cost

 

3.   Receives a further evaluation report on the effectiveness of Liverpool Listens in February 2016

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

Division called:

 

Vote for:                       Mayor Mannoun

Clr Balloot

Clr Hadchiti

          Clr Hadid

Clr Mamone

Clr Ristevski

 

Vote against:               Clr Harle

Clr Karnib

Clr Shelton

Clr Stanley

Clr Waller

 

 

 


35

Clr Waller left the Chambers at 7.41pm.

Clr Mamone left the Chambers at 7.42pm.

 

Planning and Growth Report

ITEM NO:      DPG 01

FILE NO:        017403.2015

SUBJECT:     East Leppington Contributions Plan

 

RECOMMENDATION

 

That Council exhibits the draft Liverpool Contributions Plan 2015 (East Leppington Precinct).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Ristevski

 

That Council:

 

1.      Exhibits the draft Liverpool Contributions Plan 2015 (East Leppington Precinct).

 

2.      Staff report back to Council on the outcomes of the section 94 review as a matter of urgency.

 

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

 

Councillors voted unanimously for this motion.

 

Councillors Mamone and Waller were not in the Chambers when this item was voted on.

 


37

ITEM NO:      DPG 02

FILE NO:        020897.2015

SUBJECT:     Draft Liverpool Local Environmental Plan 2008 (Amendment No. 46) - Macleod Park Master Plan Post-Exhibition Report

 

RECOMMENDATION

 

That Council:

 

1.       Adopts Draft Liverpool Local Environmental Plan 2008 (Amendment No. 46) and forwards a copy of the attached planning proposal and supporting documentation to the Department of Planning for finalisation.

 

2.       Notifies to those who provided written submissions and attended the public hearing advising of Council’s decision.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

 

That Council

 

  1. Does not adopt Liverpool Local Environmental Plan 2008 (Amendment No. 46).

 

  1. Notifies those who provided written submissions and attended the public hearing advising of Council’s decision.

 

Foreshadowed motion:       Moved: Clr Hadchiti   Seconded: Clr Ristevski 

 

That Council defer DPG 02 and CONF 01 for further discussion at a Councillor Briefing Session, as they are items relating to similar subjects.

 

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

 

Vote for:                       Clr Karnib

                                      Clr Harle

                                      Clr Shelton

                                      Clr Stanley

                                      Clr Waller

 

Vote against:               Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Mamone

Clr Ristevski

 

 

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

 

Vote for:                       Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Mamone

                                      Clr Ristevski

 

Vote against:               Clr Harle

                                      Clr Karnib

                                      Clr Shelton

                                      Clr Stanley

                                      Clr Waller

 


Mayor Mannoun called for a recess at 8.03pm.

 

Mayor Mannoun reopened the meeting at 8.23pm.

 

ITEM NO:      DPG 03

FILE NO:        022133.2015

SUBJECT:     Draft Liverpool Local Environmental Plan 2008 (Amendment No.41) Post-Exhibition Report

 

RECOMMENDATION

 

That Council:

 

1.       Adopts Draft Liverpool Local Environmental Plan 2008 (Draft Amendment No. 41) and forward a copy of the attached planning proposal and supporting documentation to the Department of Planning for finalisation.

 

2.       Notifies to those who attended the public hearing to advise them of Council’s decision.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

 


39

Property and Commercial Development Report

ITEM NO:      DPC 01

FILE NO:        023974.2015

SUBJECT:     Proposed reclassification of Lot 154 DP 867979 and Lot 3046 DP 869842, Bernera Road, Prestons to 'Operational' land

 

RECOMMENDATION

 

That Council:

 

1.   Agrees to commence the process of reclassification of Lot 154 DP 867979 and Lot 3046 DP 869842, Bernera Road, Prestons, through an amendment to the Liverpool Local Environmental Plan 2008; and

2.   Receives a further report following the public exhibition process with a recommendation as to proceeding with the reclassifications.

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Hadchiti   Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

 


41

Committee Reports

ITEM NO:      CTTE 01

FILE NO:        018857.2015

SUBJECT:     Local Traffic Committee Minutes of Meeting held on 21 January 2015

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Local Traffic Committee Meeting held on 21 January 2015.

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

            Item 1    Bigge Street and Speed Street, Liverpool – Proposed Minor Interim Intersection Treatment

i.   Approves the proposed interim minor intersection treatment. 

 

            Item 2    Flowerdale Road, Liverpool – Proposed Pedestrian Refuge

i.   Approves a pedestrian refuge on Flowerdale Road south of Moore Street.

ii.  Appropriate community consultation is to be carried out prior to installation.

 

Item 3    Liverpool City Centre – Proposed Changes to Car Parking Restrictions at Various Locations

i.    Approves parking restrictions in the Liverpool City Centre as shown in the minutes for the following locations:

·   Location 1 – Macquarie Street south of Castlereagh Street

·   Location 2 – Macquarie Street north of Terminus Street

·   Location 3 – Macquarie Street south of Pirie Street

·   Location 4 – Norfolk Service Way opposite Norfolk Lane

·   Location 5 – Scott Street between Macquarie Street and George Street. 

 

Item 4    Wilson Road, Green Valley – Proposed Line Marking Scheme and Pedestrian Refuge

i.   Approves the Wilson Road reconstruction sign posting and line marking scheme and two pedestrian refuges. 

 

Item 5    Elizabeth Street and Bigge Street, Liverpool – Proposed Line Marking Scheme for Shared Path

i.   Approves signs and line marking scheme for the proposed shared paths.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That Council:

 

1.    Receives and notes the Minutes of the Local Traffic Committee Meeting held on 21 January 2015.

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

 

       Item 1 Bigge Street and Speed Street, Liverpool – Proposed Minor Interim Intersection Treatment

i.      Approves the proposed interim minor intersection treatment. 

 

       Item 2 Flowerdale Road, Liverpool – Proposed Pedestrian Refuge

i.      Approves a pedestrian refuge on Flowerdale Road south of Moore Street.

ii.     Appropriate community consultation is to be carried out prior to installation.

 

       Item 3 Liverpool City Centre – Proposed Changes to Car Parking Restrictions at Various Locations

i.      Approves parking restrictions in the Liverpool City Centre as shown in the minutes for the following locations:

·     Location 1 – Macquarie Street south of Castlereagh Street

·     Location 2 – Macquarie Street north of Terminus Street

·     Location 3 – Macquarie Street south of Pirie Street

·     Location 4 – Norfolk Service Way opposite Norfolk Lane

          ii.       Location 5 – Scott Street between Macquarie Street and George Street be deferred to the Traffic Committee before a decision is made for statistical evidence on the feasibility of parking to be provided. Council note that this may not be possible on Thursday nights.

 

       Item 4 Wilson Road, Green Valley – Proposed Line Marking Scheme and Pedestrian Refuge

i.      Approves the Wilson Road reconstruction sign posting and line marking scheme and two pedestrian refuges. 

 

       Item 5 Elizabeth Street and Bigge Street, Liverpool – Proposed Line Marking Scheme for Shared Path

i.      Approves signs and line marking scheme for the proposed shared paths.

 

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

 


ITEM NO:      CTTE 02

FILE NO:        026628.2015

SUBJECT:     Minutes of the Budget and Finance Committee held on 5 February 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 5 February 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 


43

ITEM NO:      CTTE 03

FILE NO:        028157.2015

SUBJECT:     Minutes of Economic Development and Events Committee meeting held 5 February 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 5 February 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 


ITEM NO:      CTTE 04

FILE NO:        028163.2015

SUBJECT:     Minutes of Badgerys Creek Airport Taskforce meeting held 5 February 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 5 February 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 


45

ITEM NO:      CTTE 05

FILE NO:        028166.2015

SUBJECT:     Minutes of Building Our New City Committee meeting held 5 February 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 5 February 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 


ITEM NO:      CTTE 06

FILE NO:        028516.2015

SUBJECT:     Meeting Notes of the Liverpool Youth Council meeting held on 3 February, 2015

 

RECOMMENDATION

 

That Council receives and notes the Meeting Notes of the Liverpool Youth Council Meeting held on 3 February 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

 


47

Questions with Notice

ITEM NO:      QWN 01

FILE NO:        027352.2015

SUBJECT:     Question with Notice - Clr Stanley

 

I refer to the Gateways at Warwick Farm and the Hume Highway, and the Hume Highway at the Cross roads.

 

Can I please be provided with the following information:

1.      Cost of the work per Gateway Site

       The cost for the gateway is approximately $50,000.

 

2.      How many sites have been completed?

       Two sites have been completed.

 

3.      Where are they?

       On the corner of Governor Macquarie Drive and the Hume Highway, Warwick Farm and Camden Valley Way Casula directly across from Bunnings.

 

4.      What sites are still to be completed/estimated completion dates?

       At this stage no further gateways will be constructed.

 

5.      How often will the planting need to be updated (other than plants which die or are vandalised)?

       Most of the plants that have been selected are hardy and suitable for this application. Some annuals species have been introduced in front of the wall to enhance the colour of the garden beds, however we are also considering other plant species that will achieve the same objectives without the need for replacement.

 

6.      Have natives been used? If not why?

       Native plants have not been used in the current 2 Gateway locations as the design objective was to create a formal, vibrant and symmetrical garden that would enhance the appearance of the wall. The public feedback to date has been very positive and has significantly raised the profile of Liverpool. Native plant species can be considered in any future Gateways.

 

7.      What will the maintenance costs be for the gateways?

       Prior to the construction of the Gateways Council was already incurring maintenance costs for the provision of grass mowing, rubbish removal and weed control. Since the Gateways have been established it has been noticed that the general rubbish has reduced and the sites are easier to maintain as the area around the gardens have been cleared and are level which makes mowing more efficient. However additional costs will be incurred for the replacement of the annual plants and this is expected to be approximately $4,000 per annum. This cost may be reduced if a suitable replacement species is introduced that will not require seasonal replacement.


49

ITEM NO:      QWN 02

FILE NO:        036133.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

1.      Can I be advised if a report has been prepared for Council on the outcomes of the attached Liverpool Heritage Strategy 2011-2014? If this has been presented can I be provided with a copy? If not when will such a report be ready?

 

2.      Can I be advised the progress of the review regarding the Heritage Conservation Management Plan as described on Liverpool Council website http://www.liverpool.nsw.gov.au/council/policies-and-forms/forms-publications-and-policies

 

3.      Does Council require in its DA process an archaeological report for areas especially in the CBD that are likely because of their uses of the last two hundred years to contain items of interest?

 

4.      What requirements must be met if items of significance are found?

 

5.      Is there a process to determine areas of Aboriginal significance and how these areas are dealt with in any potential Development Application?

 

A response to this question will be provided in the March 2015 business papers.

 


49

ITEM NO:      QWN 03

FILE NO:        036146.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

Can I be advised if a decision has been made as to where and when the Cenotaph in the Mall will be relocated and the projected cost?

 

A response to this question will be provided in the March 2015 business papers.

 


51

ITEM NO:      QWN 04

FILE NO:        036211.2015

SUBJECT:     Question with Notice - Clr Hadchiti

 

Please address the following:

 

Subdivision applications that require a variation to the LLEP follow a different process in order to obtain approval ie. IHAP.

 

Is Council aware of any best practise from other Councils where creating a certain number of new lots triggers the IHAP/Full Council approval process?

 

A response to this question will be provided in the March 2015 business papers.

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Mayor Mannoun

 

Except where subdivision proposals are highly controversial or likely to attract significant public interest, three or more Councillors may advise the Manager Development Assessment to refer the application to Council for determination.

 

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

 


51

ITEM NO:      QWN 05

FILE NO:        036221.2015

SUBJECT:     Question with Notice - Mayor Mannoun

 

Please address the following:

 

What planning proposals are currently being assessed and when will councillors be briefed on these? What role should councillors play as representatives of the community in determining the shape and look of the city in strategic planning matters?

 

A response to this question will be provided in the March 2015 business papers.

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That Council staff prepare a report to the March Council meeting that contains options for a Planning and Development Committee consisting of all Councillors, similar to the City of Sydney Council.

 

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

 

   


 

ITEM NO:      CONF 01

FILE NO:        007244.2015

SUBJECT:     Development Options of part Lot 3 DP 855930, 290 Braidwood Drive, Prestons

 

RECOMMENDATION

 

That Council:

 

1.       Agrees to sell part Lot 3 DP 855930, 290 Braidwood Drive, Prestons, by placing the property on the open market for sale by way of public auction through a local real estate agent once the property is rezoned and reclassified;

2.       Agrees to set the reserve price for the public auction as outlined in the confidential report;

 

3.       Authorises Council officers to prepare and lodge a development application to create a separate lot for the portion of Lot 3 DP 855930, 290 Braidwood Drive, Prestons, to be sold;

 

4.       Authorizes the Chief Executive Officer or his nominee to negotiate the sale of part of Lot 3 DP 855930, if not sold under the hammer, for a sale price of not less than five percent below the reserve price, on the day of auction, and execute the contract for sale to facilitate the exchange of contracts on the day of the auction;

 

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

 

6.       Transfers the net proceeds of sale into the relevant Section 94 Contribution Fund; and

 

7.       Keeps confidential the details supplied in the confidential report pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

COUNCIL DECISION

 

Note: This item was dealt with earlier at the meeting in conjunction with Item DPG 02 and deferred for further discussion at a Councillor Briefing Session. See page 30 and 31 of these minutes.

 

 


53

ITEM NO:      CONF 02

FILE NO:        026866.2015

SUBJECT:     Key Sites Master Planning Steering Committee Minutes from Meeting held 3 February 2015

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 3 February 2015;

 

2.   Adopts the recommendation put forward in this report; and

 

3.   Keeps confidential the minutes supplied in this report containing information pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as it contains information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 


55

ITEM NO:      CONF 03

FILE NO:        026641.2015

SUBJECT:     Ethics and Audit Committee meetings held on 11 February 2015

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the Ethics and Audit Committee Meetings held on 11 February 2015;

 

2.       Keeps confidential the minutes attached minutes containing information pursuant to         the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains         information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 


55

ITEM NO:      CONF 04

FILE NO:        023892.2015

SUBJECT:     RCL2046 Tree Maintenance Services

 

RECOMMENDATION

That Council: 

1.       Accepts the tenders submitted by the  following tenderers and place them on  a  panel of Recognised Contractors for RCL2406 – Tree Maintenance Services for an initial two (2) year contract term with the option to extend by three (3) one year terms:

·    BJ’S Tree Service

·    Ascending Tree Services Pty Ltd, T/AS CPE Tree Services

·    TreeServe Pty Ltd

2.       Makes public its decision regarding tender RCL2406 – Tree Maintenance Services.

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

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

 

 


57

Clr Shelton left the Chambers at 8.40pm.

 

ITEM NO:      CONF 05

FILE NO:        026231.2015

SUBJECT:     ST2093 - Tender for the provision of Legal Services to Liverpool City Council

 

RECOMMENDATION

That Council: 

1.       Approve the recommended list for ST2393 - Provision of External Legal Services, for an initial 3 year term with the option of extending for a period of 1 year.

2.       Makes public its decision regarding tender ST2393 – Provision of External Legal Services.

3.       Notes that the Director of Corporate Services (CFO) will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council’s website for the tender, giving it contractual effect in accordance with delegated authority.

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

 

That the recommendation be adopted.

 

Councillors voted unanimously for this motion.

 

Clr Shelton was not in the Chambers when this item was voted on.

 


57

Clr Shelton returned to the Chambers at 8.42pm.

 

ITEM NO:      CONF 06

FILE NO:        028071.2015

SUBJECT:     ST2417 Implementation & Rollout of the New Liverpool City Brand

 

RECOMMENDATION

That Council: 

1.       Accept the Tender from Uberbrand Pty Ltd as Trustee for the Brand Trust for Tender ST2417 – New City Brand Implementation and Rollout for an initial 24 months contract term with the option of a 12 month extension at the price outlined in the confidential report.

2.       Makes public its decision regarding tender ST2417 - New City Brand Implementation and Rollout.

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

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley               Seconded: Clr Waller

 

That Council postpones the implementation and rollout of the new Liverpool City Brand until such time as the Fit for the Future and Council amalgamations have been decided.

 

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

Vote for:                       Clr Harle

Clr Karnib

Clr Shelton

Clr Stanley

Clr Waller

 

 

 

Vote against:               Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Mamone

Clr Ristevski 

 

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

 

Vote for:                      Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Mamone

                                      Clr Ristevski 

 

Vote against:               Clr Harle

Clr Karnib

Clr Shelton

Clr Stanley

Clr Waller

 

 


 

ITEM NO:      CONF 07

FILE NO:        027929.2015

SUBJECT:     Committee for Liverpool

 

RECOMMENDATION

 

That Council:

 

1.       Approves establishment of  the Committee for Liverpool.

 

2.       Adopts the draft Charter for the Committee as attached to the report.

 

3.       Appoints members as suggested in the report, subject to confirmation of final acceptance by individuals nominated.

 

4.       Publicly releases further details of the membership composition of the Committee for Liverpool following final confirmation of the acceptance of membership.

 

5.       Notes that the Committee for Liverpool will meet quarterly and that the inaugural meeting is scheduled for March 11, 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ristevski           Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

Clr Shelton and Clr Waller asked that they be recorded as voting against the motion.

 

 


 

 

 

THE MEETING CLOSED AT 9.01pm.

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     25 March 2015

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  25 February 2015. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 


61

Ordinary Meeting 25 March 2015

Notices of Motion

 

NOM 01

Committee meetings

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Committee Charters

File Ref

060191.2015

Author

Geoff Shelton - Councillor

 

 

Background

 

In general council's committee meetings are governed by Council's Code of Meeting Practice (adopted 20 June 2014), the Local Government Act, 1993, the Local Government (General) Regulation 2005, particularly regulations 265 and 266, and associated common law. Regulation 266 of The Local Government (General) Regulation 2005, provides:

1)   Each committee of a council must ensure that full and accurate minutes of the proceedings of its minutes are kept.  In particular, a committee must ensure that the following matters are recorded in the committee's minutes:

 

a)   details of each motion moved at a meeting and of any amendments to it,

b)   the names of the mover and seconder of the motion or amendment,

c)   whether the motion or amendment is passed or lost.

 

With respect to the committees of council of Liverpool City Council it appears a practice has evolved over some time in which 'action items' are outlined but no formal motions are recorded. The 'action items' are not described as formal motions, often are not couched as formal motions, and in any event no mover, seconder or other voting outcomes are given (assuming for a moment it is possible at any rate to 'move' or 'second' an 'action item' that is not presented as a formal motion).

Further, in nearly all committee meetings there is no formal call at the outset for declarations of conflicts of interest with a recording of the results (even where no conflicts of interests are disclosed). 

While committees of council are conferred with limited powers to regulate their own procedures it is suggested that best practice involves in the future complying more closely with the aforementioned instruments, particularly, the Local Government (General) Regulation, 2005. It is also follows that the following proposed motion is consistent with and can be accommodated within the Code of Meeting Practice (in fact it seeks to ensure as much is adhered to) and is not therefore an attempt to amend the Code of Meeting Practice.

 

NOTICE OF MOTION

 

That the CEO takes adequate steps to ensures all future committee minutes of each Committee of Council:

1.   record all motions formally moved,

 

2.   record the identity of the mover and seconder of each such motion together with the voting outcome, and such other information as may be referred to under the Local Government (General) Regulation, 2005

 

3.   no longer record 'action items' (where it is not possible to identify the promoters (and dissenters) with respect to such items), and

 

4.   record that declarations of conflicts of interest were called for at the commencement of each committee meeting and the result of such call (even where no conflicts of interest were disclosed).               

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Facilitate the development of community leaders.

Encourage the community to engage in Council initiatives and actions.

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

Deliver services that are customer focused.

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

 

 

ATTACHMENTS

 

Nil   


63

Ordinary Meeting 25 March 2015

Independent Hearing and Assessment Panel Report

 

IHAP 01

DA-490/2013 - Demolition of existing structures and erection of a seven storey commercial building at 220-230 Northumberland Street, Liverpool

 

Strategic Direction

Vibrant Prosperous City

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

Key Policy

City Centre Strategy

File Ref

039387.2015

Report By

Shannon Rickersey - Team Leader Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

Property

220 - 230 Northumberland Street, Liverpool

Owner

Mr L Biordi, Mr D Biordi, Mrs F Biordi

Applicant

B DE C Environmental Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-490/2013 proposing the construction of a seven storey commercial building at 220 – 230 Northumberland Street, Liverpool. The application was lodged with Council on 7 May 2013.

 

This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the proposal includes a request to vary Clause 7.14 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a site on which a building is to be erected has at least one frontage to a public street of at least 24 metres. The building street frontage is 10.06 metres, representing a variation of 58%. 

 

The IHAP recommendation was to approve the application, subject to conditions of consent as contained within the Council Officer’s IHAP report (See Attachment 2).

 

RECOMMENDATION

 

That Council approves Development Application DA-490/2013, subject to the recommended conditions attached to the Council officer’s IHAP report (Attachment No 2).

 

REPORT

 

Background

 

Council has received and considered a development application DA-490/2013 proposing construction of a seven storey commercial building at 220 – 230 Northumberland Street, Liverpool.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development includes a request to vary a development standard in excess of 10%; pursuant to Clause 4.6 of the LLEP 2008.

 

The application is accompanied by a written request to vary Clause 7.14 of the LLEP 2008 which requires a site on which a building is to be erected has at least one frontage to a public street of at least 24 metres.

 

The proposal was placed on advertising between 24 July and 8 August 2013.  No submissions were received in response to the proposal.

 

The Site

 

The site is identified as Lots 1 & 2 in DP 504760 and is located at 220 - 230 Northumberland Street, Liverpool with a total land area of 328.8m².  The site currently contains a two storey commercial building.  The development is located within the Liverpool City Centre area.

 

An aerial map of the site is provided in Figure 1 below.

 

 

 

MOORE STREET

 

NORTHUMBERLAND STREET

 

SUBJECT SITE

 

Figure 1: Locality Map

 

Details of the Proposal

 

The application seeks consent for the demolition of existing structures and erection of a seven storey commercial building comprising retail tenancies and pedestrian arcade on the ground floor; commercial tenancies on levels one to five; offices, and a roof top garden on level six.

 

The Issues

 

The proposed development generates a requirement for the provision of seven car parking spaces in accordance with LLEP 2008.  The proposal does not provide onsite parking (for reasons outlined in the attached IHAP report); however the applicant has agreed to a pay a contribution to Council of $235,445 in lieu of providing on site car parking spaces by way of a planning agreement (attached to IHAP report)  previously endorsed by Council at its meeting on 29 October 2014.

 

The proposal also includes a request to vary Clause 7.14 of the LLEP which relates to building street frontage, pursuant to Clause 4.6 of LLEP.  The proposed variation to the street frontage control is 58%. The merits of the request to vary the standard have been considered by Council officer’s and IHAP.  Council officer’s recommended the request be approved based upon the reasons outlined in the report considered by IHAP including the existing constraints on the allotment, the feasibility of redevelopment with adjoining properties, and endorsement of the building design by the Design Review Panel.  The IHAP recommended approval of the variation based on this assessment.

 

Independent Hearing and Assessment Panel

 

The application was considered by the IHAP at their meeting on 23 February 2015.  The panel made a recommendation to approve the proposal subject to two additional conditions requiring the preparation and implementation of a construction management plan that would allow continued access to the adjoining tenancies into the arcade during construction.

 

As part of the negotiations undertaken in respect of the planning agreement entered into between the owner of the site and Council, Council (via its officers including the then Manager of Property) took the view that access to the tenancies would be disrupted during construction and have taken measures including allowing the sites to become vacant, to minimise the disruption during construction.  A benefit however would be provided to Council by formalising ongoing access arrangements through the arcade through a restriction on the 88B instrument.  It is therefore considered that such conditions not be included as part of any consent.

 

Conclusion

 

The application has been assessed against the relevant considerations within Section 79C of the EP&A Act 1979. The application is considered to have merit and is unlikely to result in an adverse impact within the locality.  Accordingly, the application is recommended for approval subject to the recommended conditions of consent.

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

Facilitate economic development.

Further develop a commercial centre that accommodates a variety of employment opportunities (in the City Centre).

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.


Social and Cultural

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

Support access and services for people with a disability.

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

 

ATTACHMENTS

 

1.         Applicant detailsView (Under separate cover)

2.         IHAP reportView (Under separate cover)

3.         IHAP recommendation for DA 490/2013 - 220-230 Northumberland Street LiverpoolView (Under separate cover)  


68

Ordinary Meeting 25 March 2015

Independent Hearing and Assessment Panel Report

 

IHAP 02

DA-597/2014 - Staged subdivision to create a total of 20 Torrens title lots over two stages at 5 Angelina Court, Green Valley

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

042262.2015

Report By

Nabila Samadie - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

5 Angelina Court, Green Valley

Owner

A Oliveri

Applicant

Project Surveyors

 

 

Executive Summary

 

Council is in receipt of a Development Application for the staged subdivision of the site to create a total of 20 Torrens title lots over two stages as follows:

 

Stage 1: Subdivision to create 3 superlots (including retention of the existing dwelling over part of proposed lot 2) and creation of a residue lot for future dedication to Council for the Rodeo Drive extension.

 

Stage 2: Subdivision of proposed lots 1, 2 and 3 creating a total of 20 Torrens title lots.

 

This application was lodged on 3 July 2014.

 

The development application was referred to the Independent Hearing and Assessment Panel (IHAP) for consideration at their meeting on 23 February 2015.  The panel has recommended that the application be approved, subject to recommended conditions of consent attached to the Council officer’s IHAP report.

 

 

 

 

RECOMMENDATION

 

That Council approves Development Application No.597/2014 for a Staged subdivision to create a total of 20 Torrens title lots over two stages at 5 Angelina Court, Green Valley (Lot 201 DP 1175213), subject to the recommended conditions of consent attached to the Council officer’s IHAP report. 

 

REPORT

 

Background

 

Development Application No.597/2014 seeks consent for staged subdivision of the site to create a total of 20 Torrens title lots over two stages.

 

The application was reported to the IHAP for consideration in accordance with the endorsed IHAP Charter and Procedure as the development proposes a variation of more than 10% to a development standard contained within Liverpool Local Environmental Plan (LLEP) 2008.

 

The proposal seeks variation to Clause 7.13 Minimum lot width including battle access handle in Zones R2 of Liverpool Local Environmental Plan 2008 (LLEP 2008).

 

The development application did not require advertising or notification in accordance with the Liverpool Development Control Plan 2008 (LDCP 2008).

 

The Site

 

The subject site is described as Lot 201 DP 1175213 and is located at 5 Angelina Court, Green Valley, with a site area of 1.22ha. The subject site and has frontages to both Angelina Court and Mary Rose Street. The subject site contains large areas of flat grassy land and a residence at the southern end of the site.

 

 

Angelina Court  

 

Rodeo Drive

 

Subject site

 

Figure 1: Locality plan.

 

Details of the Proposal

 

This application seeks consent to subdivide Lot 201 DP1175213 into 20 parcels as a staged subdivision outlined on the plans of proposed subdivision attached to the IHAP report and shown in figure 2 below.

 

Details of the proposal are as follows:

 

Stage 1

 

Subdivision of the land into 3 Lots and dedication of the Rodeo Drive extension. This is outlined in the annexed plans.

Description: C:\Users\priorm\Desktop\1.png

 

Stage 2

 

Subdivision of each of the lots created above to create 20 residential lots. This includes a residue lot (15) where the existing house is located. Recognising that this lot will eventually be subdivided, a plan is annexed showing a possible subdivision of that land. Stage 2 involves the extension of Angelina Court.

 

Description: C:\Users\priorm\Desktop\2.png

 

The Issues

 

The proposal seeks variation to Clause 7.13 Minimum lot width in Zones R2 pursuant to Clause 4.6 of LLEP 2008.

 

This application further seeks to have Council release the easements noted as 5 to 11 on the 88B instrument inclusive as this application and the adjoining neighbours application seeks to have this area set aside and dedicated as public road. Clause 15 of the preamble and definitions for the 88B instrument attached to DP 1151586 require the parties do all things necessary to extinguish the easements if the easement site is dedicated to Council as a public road.

 

The covenant contained in G590353 sets out to prevent structures and buildings being built within 66 feet of the alignment of Cowpasture Road (as it was in 1956). This covenant is arguably past its use by date and irrespective is not relevant to the land in question and therefore consent to have it extinguished is sought and supported. 

 

Independent Hearing and Assessment Panel

 

The application was considered by the IHAP at its meeting on 23 February 2015.  The Panel recommended that DA-597/2014 for a 20 lot Torrens title subdivision over two stages at Lot 201 DP 1175213, 5 Angelina Court, Green Valley be approved subject to the conditions attached to the Council officer’s report.

Conclusion

 

The subject application DA-597/2014 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 and controls.

 

The proposed development is considered to have merit and is consistent with the planning objectives and controls that are relevant to the site and this type of development. It is recommended that the Development Application be approved subject to the conditions of consent attached to the Council officer’s IHAP report.

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.


Social and Cultural

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


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

 

ATTACHMENTS

 

1.         Applicant DetailsView (Under separate cover)

2.         IHAP reportView (Under separate cover)

3.         IHAP recommendationView (Under separate cover)  


74

Ordinary Meeting 25 March 2015

Independent Hearing and Assessment Panel Report

 

IHAP 03

DA-637/2014 - Construction of a nine storey mixed use development at 54-56 Macquarie Street, Liverpool

 

Strategic Direction

Vibrant Prosperous City

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

Key Policy

City Centre Strategy

File Ref

042453.2015

Report By

Sandhya  Davidson - Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

54-56 Macquarie Street, Liverpool

Owner

Devuti P/L

Applicant

Devuti P/L

 

 

Executive Summary

 

Council has received and considered a development application DA-637/2014, proposing construction of a nine storey mixed use development comprising 53 residential units including 16 x 3 bedroom units, 30 x 2 bedroom units and 7 x 1 bedroom units, two commercial units with two levels of basement level car parking and associated landscaping and drainage works at Lot 100 & 101 DP 837549, 54-56 Macquarie Street, Liverpool. This application was lodged on 17 July 2014.

 

This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 7.16 of the Liverpool Local Environmental Plan (LLEP) 2008, which requires no residential accommodation at ground floor.

 

The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report (See Attachment 2) and the following additional conditions as recommended by IHAP:

 

a)   that the retaining wall be relocated adjacent to the rear and side boundary, while maintaining the same landscape design with the exception that proposed tree species should be alternate evergreen and deciduous.

 

RECOMMENDATION

 

That Council approve Development Application DA-637/2014, subject to the updated recommended conditions of consent (See Attachment No.4)

 

 

REPORT

 

Background

 

Council has received and considered a development application DA-637/2014 proposing the construction of a nine storey mixed use development comprising of 53 residential units including 16 x 3 bedroom units, 30 x 2 bedroom units and 7 x 1 bedroom units, two commercial units with two levels of basement level car parking and associated landscaping and drainage works at 54-56 Macquarie Street, Liverpool.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposal seeks to vary Clause 7.16 of the Liverpool Local Environmental Plan (LLEP) 2008 relating to ground floor development.

 

The application is accompanied by a written request to vary Clause 7.16 of the LLEP 2008 which prescribes that no residential accommodation is permitted at ground floor.

 

The Site

 

The subject site is known as No. 54 and 56 Macquarie Street, Liverpool, being Lots 100 and 101 in DP 837549. The subject site has an area of 1680.6m² and a frontage of 37m to Macquarie Street. The site is located on the eastern side of Macquarie Street with an east-west orientation and existing vehicular access via Macquarie Street.

 

An aerial map of the site is provided in Figure 1 below.

 

Figure 1. Locality Map of 54-56 Macquarie Street, Liverpool

 

The site is located within the Liverpool City Centre. Development surrounding the site consists of commercial, retail, and residential buildings. To the north of the site is an existing commercial building three stories in height. Directly south of the subject site is a vacant lot beyond which is a single storey vacant shop. Abutting the site to the rear are residential flat buildings of varying height and scale. Opposite the subject site to the west is Liverpool Pioneer’s Memorial Park which is listed as a Heritage Item under Schedule 5 of Liverpool Local Environmental Plan 2008.

 

Details of the Proposal

 

The development application seeks consent for the construction of a mixed use development. The key components of the proposal are as follows:

                      

·    Construction of a nine storey mixed use development containing total of 53 residential apartments as follows:

16 x 3 bedroom units;

30 x 2 bedroom units;

7 x 1 bedroom units;

 

·    Two commercial units on the ground floor with a total retail area of 244.8m2;

 

·    Two levels of basement car parking comprising:

72 car parking spaces;

24 bicycle parking spaces;

Four motor cycle parking;

Carwash and loading bay; and

Storage areas.

 

A photomontage of the proposed works is included below:

Figure 2. Perspective view from Macquarie Street, Liverpool

 

Figure 3. Perspective view from the rear.

 

The Issues

 

The main issues identified with respect to the proposal relate to floor space ratio (FSR) and ground floor uses as prescribed by Clauses 4.4 and 7.16 of the LLEP 2008 respectively.

The proposal does not comply with the Clause 4.4 of the LLEP relating to floor space ratio. Clause 4.4 requires a maximum FSR of 3.18:1 and the proposed FSR is 3.36:1, representing a variation of 5.5%.

 

In addition, the proposal does not comply with Clause 7.16 of the LLEP relating to ground floor accommodation. The control requires that the ground floor of the building is not to be used for residential accommodation. The proposal provides two commercial tenancies and two residential units at ground floor level.

 

Consequently, the applicant has submitted a written request seeking a variation to the floor space ratio control and the ground floor development control as prescribed by Clauses 4.4 and 7.13(3) of the LLEP.

 

Independent Hearing and Assessment Panel

 

At their meeting on 23 February 2015, IHAP made the following recommendation:

 

The Panel recommends that DA-637/2014 for construction of a mixed use development at Lot 100 and 101 DP 837549, 54-56 Macquarie Street, Liverpool be approved subject to the recommendations attached to the Council officer’s report, supplemented by the landscaping recommendation by the Panel.

 

The Panel’s recommendation regarding landscaping is:

 

The Panel recommends that the retaining wall be relocated adjacent to the rear and side boundary, while maintaining the same landscape design with the exception that proposed tree species should be alternate evergreen and deciduous.

 

The reason for the Panel’s recommendation is that the proposed wall will prejudice the growth of the trees, whereas the Panel’s recommendation will ensure that the trees will thrive. 

 

A suitable condition of consent being condition No.25 has been recommended to give effect to the Panel’s recommendation above (see Attachment No. 4).

 

Conclusion

 

The application has been assessed having regard to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979.

 

The proposed development is permissible within the B4 Mixed Use Zone and is considered to be consistent with the objectives of the zone.

 

The proposal is also consistent with the design objectives and controls contained within the Residential Flat Design Code and State Environmental Planning Policy (SEPP) 65 provisions.

 

The merits of the variations have been considered and are considered to be worthy of support. Accordingly, 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 and Land Owner DetailsView (Under separate cover)

2.         IHAP ReportView (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)

4.         Revised conditions of consentView (Under separate cover)  


80

Ordinary Meeting 25 March 2015

Independent Hearing and Assessment Panel Report

 

IHAP 04

DA-623/2014 - Torrens title subdivision creating ten residential lots and one residue lot with associated road construction at Lot 215 Southern Cross Drive, Middleton Grange

 

Strategic Direction

Liveable Safe City

Facilitate diverse and more affordable housing options

Key Policy

Urban Development Plans

File Ref

042543.2015

Report By

Shannon Rickersey - Team Leader Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 215, DP 1169240, Southern Cross Avenue, Middleton Grange

Owner

Danallam Developments Pty Ltd

Applicant

Keeplan Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-623/2014, proposing a Torrens title subdivision creating ten residential lots and one residue lot with associated road construction at Lot 215 Southern Cross Drive, Middleton Grange. This application was lodged with Council on 11 July 2014.

 

This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 7.13 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a 10 metre minimum lot width. The proposed lot width varies from a minimum of 2.6 metres to 30.3 metres, representing a variation of up to 74%.

 

The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report (See Attachment 2).

 

 

 

 

RECOMMENDATION

 

That Council approves Development Application DA-623/2014, subject to the recommended conditions of consent attached to the Council officer’s IHAP report (Attachment No. 2).

 

 

REPORT

 

Background

 

Council has received and considered a development application DA-623/2014 proposing a Torrens title subdivision creating ten residential lots and one residue lot with associated road construction at Lot 215 Southern Cross Avenue, Middleton Grange.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development includes a request to vary a development standard in excess of 10%; pursuant to Clause 4.6 of the LLEP 2008.

 

The application is accompanied by a written request to vary Clause 7.13 of the LLEP 2008 which prescribes the minimum lot width for subdivision in Zones R1, R2, R3 and R4. A minimum lot width of subdivided land is to be 10 metres. Lot 310 is a triangular shaped allotment with a 30.345 metre front boundary width and a 2.605 metre rear boundary width.

 

The proposal was not required to be notified or advertised in accordance with Liverpool Development Control Plan (LDCP) 2008.

 

The Site

 

The site is identified as being Lot 215 in DP 1169240. The site has a frontage of 34.2 metres to Southern Cross Drive, a frontage of 15.2 metres to Hugh Terrace, a frontage to Holden Avenue of approximately 180.7 metres and a total site area of area of 6,405m².

 

An aerial map of the site is provided in Figure 1 below.

 

 

Figure 1: Aerial view of site

 

Details of the Proposal

 

The Development Application seeks Council consent for a Torrens title subdivision creating ten (10) residential allotments, one (1) residue lot and the construction of an associated variable width road (Holden Avenue) fronting the proposed lots and utilities.

 

The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.13 of the LLEP 2008, which prescribes the minimum lot width in Zones R1, R2, R3 and R4. 

 

An extract of the proposed subdivision plan is provided in Figure 2 below. 

 

Figure 2 – Plan of Subdivision

 

 

The Issues

 

The key issue identified with respect to the proposal relate to the variation to the minimum lot width required by Clause 7.13 of the LLEP.

 

Proposed Lot 310 is triangular in shape and proposes a lot width that varies from 30.3 metres to 2.6 metres.  This represents a variation to the minimum lot width standard of up to 74%. 

 

Consequently, the applicant has submitted a written request seeking a variation to the minimum lot width control as prescribed by Clause 7.13(3) LLEP.

 

Independent Hearing and Assessment Panel

 

At their meeting on 23 February 2015, IHAP made the following recommendation:

 

The Panel recommends that DA-623/2014 for a 10 lot Torrens title subdivision and one residue lot at Lot 215 DP 1169240 Southern Cross Avenue, Middleton Grange be approved subject to the conditions attached to the Council officer’s report.

 

Conclusion

 

The application has been assessed against the relevant considerations within Section 79C of the EP&A Act 1979. The application is considered to have merit and is unlikely to result in an adverse impact on the locality.  Accordingly, the application is recommended for approval subject to the recommended conditions of consent.

 

CONSIDERATIONS

 

Economic and Financial

Facilitate economic development.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

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


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

 

 

 

ATTACHMENTS

 

1.         Applicant and Land Owner DetailsView (Under separate cover)

2.         IHAP reportView (Under separate cover)

3.         IHAP recommendation for DA 623/ 2014 - Southern Cross Avenue, Middleton GrangeView (Under separate cover)  


85

Ordinary Meeting 25 March 2015

Independent Hearing and Assessment Panel Report

 

IHAP 05

DA-344/2014 - Two stage subdivision to create a total of 27 Torrens title lots at 175 McIver Avenue, Middleton Grange

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

040046.2015

Report By

George Nehme - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

175 Mciver Avenue, Middleton Grange (Lots 14 & 15 DP 1133742)

Owner

Ms M A Letta

Applicant

Robert R Wilson & Associates

 

 

Executive Summary

 

Council has received and considered a development application DA-344/2014, proposing a two stage subdivision to create a total of 27 Torrens title lots at 175 McIver Avenue, Middleton Grange. This application was lodged with Council on 28 April 2014.

 

This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 4.1 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a minimum subdivision lot size of 400m2. The proposed sizes of Lots 4 to 13 range from 321.6m2 to 325.1m2, representing a variation ranging from 18.725% - 19.6%.

 

In addition the development seeks to vary Clause 7.13 of the LLEP 2008 which requires a 10m minimum lot width. Lots 14 and 25 propose a minimum lot width of 7.1m, representing a variation of 29%.

 

The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report. The IHAP recommendations are attached (See Attachment 3).

 

RECOMMENDATION

 

That Council approves Development Application 344/2014 subject to the recommended conditions attached to the Council officer’s IHAP report (Attachment No. 2).

 

 

REPORT

 

Background

 

Council has received and considered a development application DA-344/2014 proposing a two stage subdivision to create a total of 27 Torrens title lots at 175 McIver Avenue, Middleton Grange.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development includes a request to vary a development standard in excess of 10%; pursuant to Clause 4.6 of the LLEP 2008.

 

The application is accompanied by a written request to vary Clause 4.1 and 7.13 of the LLEP 2008 which prescribes a minimum subdivision lot size of 400m², and a minimum lot width of 10m. The proposed sizes of Lots 4 to 13 range from 321.6m2 to 325.1m2, representing a variation ranging from 18.725% - 19.6%. Additionally, the lot width proposed for lots 14 and 25 is 7.1m, representing a variation of 29%.

 

The proposal was advertised between 5 November 2014 and 5 December 2014. No submissions were received during the advertising period.

 

The Site

 

The site is identified as Lots 14 and 15 in DP 1133742 and is located at 175 McIver Avenue Middleton Grange.  The site is a regular shaped allotment located on the northern side of McIver Avenue. The subject site has a frontage of 160.36m fronting McIver Avenue and a depth of 76.08m. The total site area equates to 12,200m². The site also has a slope from west to east of approximately 9.5m. Currently the subject site is vacant with a variety of trees dispersed throughout the site.

 

An aerial map of the site is provided in Figure 1 below:

 

 

Subject Site

 

Figure 1: Aerial view of site

 

Details of the Proposal

 

The application seeks consent for a Staged subdivision to create a total of 27 Torrens Title lots over two (2) stages as follows:

 

Stage 1: subdivision to create 14 residential lots and one (1) residue lot; associated road construction and dedication.

 

Stage 2: subdivision to create 13 residential lots; associated road construction and dedication.

 

The Issues

 

The key issues identified with respect to the proposal relate to the variations proposed pursuant to the provisions of Clause 4.6 of the LLEP 2008, relating to the minimum subdivision lot size development standard under Clause 4.1 and the minimum lot width development standard under Clause 7.13 of the LLEP 2008.

 

Proposed Lots 4 to 13 fail to comply with the minimum subdivision lot size required under Clause 4.1. In accordance with Clause 4.1, the southern portion of the subject site requires a minimum lot size of 400m². The proposed lot sizes for Lots 4 to 13 on the southern portion of the subject site range from 321.6m² to 325.1m², representing a variation ranging from 18.725% - 19.6% to the standard.

 

The variation to clause 4.1 was considered worthy of support in this instance for the following reasons;

 

·    The development proposes lots that achieve the required 400m² lot size standard within both the 400m² area and the 300m² area. To require strict compliance with the controls and locate all of the lots in the 400m² area would not provide an additional benefit to the development. Rather, the proposed layout would assist in improved solar access to the 300m² sized lots in the 400m² area.

·    The proposal is compliant with the minimum dwelling density required for the site. A total of 27 lots are required and 27 lots are proposed.

·    The diversity with the lot sizes within the southern portion of the site will lend itself to an improved and interesting streetscape pattern and character when dwellings are constructed at a future stage.

·    A development with a similar layout and lot sizes has been approved on the adjoining site. The proposed development would be compatible with this approved subdivision layout.

 

     Figure 2: Lot Size map

 

Proposed Lots 14 and 25 fail to comply with the minimum lot width required under Clause 7.13 of the LLEP 2008. In accordance with Clause 7.13, a minimum lot width of 10m is required. Both Lots 14 and 25 propose a minimum lot width of 7.1m, representing a variation of 29% to the standard.

 

The variation to clause 7.13 was considered worthy of support in this instance for the following reasons;

 

·    Both Lots 14 and 25 are corner allotments. Both allotments have provided corner splays to allow for appropriate sight lines and safe vehicular access and egress from the sites. As consequence of the splay the lot widths are reduced to a minimum of 7.1m for this point of the site.

·    Both lots reach a minimum width of at least 10m at the front building line, thus allowing sufficient lot area to construct a dwelling.

·    Despite the non-compliance the overall subdivision pattern remains consistent with Council’s standards regarding dwelling densities.

·    The impacts of the proposed non-compliance are considered negligible on the surrounding context, road network and future residential forms.

·    Despite the non-compliance the proposal still satisfies the relevant objectives of the R1 General Residential Zone.

 

The variations to Clauses 4.1 and 7.13 of the LLEP 2008 are discussed in detail in the attached IHAP report.

 

 

 

Independent Hearing and Assessment Panel

 

On 23 February 2015, the application was referred to the IHAP in accordance with the Council endorsed IHAP Charter and Procedure. The Panel considered the issues and agreed with the Council Officer’s recommendation to approve the development subject to the recommended conditions of consent attached to the Council Officer’s report (Attachment 2).

 

Conclusion

The application has been assessed against the relevant considerations within Section 79C of the EP&A Act 1979. The application is considered to have merit and is unlikely to result in an adverse impact on the amenity of adjoining properties.

 

Accordingly, the application is recommended for approval subject to the recommended conditions of consent.

 

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

Environmental and Sustainability

 

Enhance the environmental performance of buildings and homes.

 


Social and Cultural

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

 


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Applicant DetailsView (Under separate cover)

2.         IHAP ReportView (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)  


90

Ordinary Meeting 25 March 2015

Independent Hearing and Assessment Panel Report

 

IHAP 06

DA-1015/2014 - Three lot Torrens title subdivision at 5 Plukavec Circuit, Prestons

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

042986.2015

Report By

Patrick Waite - Development Assessment Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 1 DP 876617

5 Plukavec Circuit Prestons

Owner

Mr and Mrs Plukavec

Applicant

Ozzybuild Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-1015/2014, proposing a three lot Torrens title subdivision at 5 Plukavec Circuit, Prestons. This application was lodged on 18 November 2014.

 

This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 7.13 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a 10 metre minimum lot width. The proposed lot width at its narrowest point is 6.92 metres, representing a variation of 30.8%.

 

The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report (See Attachment 2).

 

RECOMMENDATION

 

That Council approves Development Application DA-1015/2014, subject to the recommended conditions attached to the Council officer’s IHAP Report (Attachment No. 2).

 

 

 

REPORT

 

Background

 

Council has received and considered a development application DA-1015/2014 proposing a three lot Torrens title subdivision at 5 Plukavec Circuit in Prestons.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development includes a request to vary a development standard in excess of 10%; pursuant to Clause 4.6 of the LLEP 2008.

 

The application is accompanied by a written request to vary Clause 7.13 of the LLEP 2008 which prescribes the minimum lot width for subdivision in Zones R1, R2, R3 and R4. A minimum lot width of 10m for each proposed lot applies to the site. The proposed subdivision includes a corner lot, proposed lot 52, which provides for a minimum lot width of 6.92m at the splay corner.

 

The Site

 

The site is identified as 5 Plukavec Circuit, Prestons, with legal description of Lot 1 DP 876617. The subject site is a corner allotment with an area of 907m2.

 

The subject site is currently vacant and fronted by Plukavec Circuit on both frontages. The remaining boundaries to the south and west are bound by existing residential dwellings.

 

An aerial map of the site is provided in Figure 1 below.

Subject Site

 

Figure 1: Aerial image of the subject site.

 

The subject site is located in an established residential area within Prestons which is characterised by low density residential development.

 

Subject Site

 

Figure 2: The site and surrounding locality.

 

Details of the Proposal

 

The proposed development consists of:

 

Subdivision into three (3) lots as follows;

 

Lot 50 - 301m2 with a minimum lot width of 12.04m

Lot 51 - 301m2 with a minimum lot width of 12.04m

Lot 52 - 304.9m2  with a minimum lot width of 6.92m

 

The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.13 of the LLEP 2008, which prescribes the minimum lot width in Zones R1, R2, R3 and R4. 

 

An extract of the proposed subdivision plan is provided in Figure 3 below. 

 

Figure 3: Proposed Lot layout for subject site.

 

The Issues

 

The key issue identified with respect to the proposal relates to the variation to the minimum lot width required by Clause 7.13 of the LLEP.

 

Proposed Lot 52 fails to comply with Clause 7.13, which states that the width of any lot, resulting from a subdivision of land, that is not subject of a development application for residential development, must not be less than 10 meters except in the instance where the lot resulting from a subdivision of land is a battle-axe.

 

The application is not subject to residential development and does not seek to create a battle-axe lot. Proposed Lot 52 proposes a minimum lot width of 6.92m, representing a variation of 30.8%. The variation is apparent at the section of the splay comer for a maximum length of 3m. The remainder of the lot exceeds the minimum required lot width by providing for a maximum lot width of 12.92m.

 

Consequently, the applicant has submitted a written request seeking a variation to the minimum lot width control as prescribed by Clause 7.13(3) LLEP.

 

The objectives of Clause 4.6 are as follows:

 

(a)     “to provide an appropriate degree of flexibility in applying certain development standards to particular development,

 

(b)     to achieve better outcomes for and from development by allowing flexibility in particular circumstances.”

 

Clause 4.6 (3) prescribes:

 

“Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

 

(c)     that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

 

(d)     that there are sufficient environmental planning grounds to justify contravening the development standard.”

The applicant has provided justification for the departure to the development standard as follows:

 

·    Subject lot is a corner lot with a splay at the corner.

·    For the length of the non-complying lot, 19m of the 25m or 76% of the lot the width is 12.96m wide.

·    The minimum lot width of 10m is reached at 3.08m measured form the front setback, which is less than the minimum front setback required for the construction of a dwelling.

·    Building envelop is not odd in shape.

·    Each proposed lot in the proposed subdivision have site areas greater than 300m2.

·    Strict compliance would prevent the creation of 3 lots which are greater than the minimum required lot size for the area, thus preventing the most efficient and economic use of the land.

 

The following comments are offered in response to the variation sought to Clause 7.13(3):

 

·    Proposed lot 52 is a corner allotment. The subject lot has provided a corner splay to allow for appropriate sight lines and safe vehicular access and egress from the site. As a consequence of the splay, the lot width is reduced to a minimum 6.92m, but only for a minor portion of the site.

·    Lot 52 has an average lot width of 10.92m when measured using three transects; one being the front boundary, one at the middle of the lot and one at the rear of the lot.

·    Lot 52 reaches a minimum width of at least 10m within the required front setback of 4.5m and a width of 12.92m would be provided at the front building line thus allowing sufficient area to construct a dwelling.

·    The impacts of the proposed non-compliance are considered negligible considering the surrounding land use and road network.

·    Despite the non-compliance the proposal satisfies the relevant objectives of the R2 Low Density Residential Zone.

 

Having regard to the above, it is considered that strict compliance with Clause 7.13 is unreasonable and unnecessary in this instance.

 

Independent Hearing and Assessment Panel

 

At their meeting on 23 February 2015, IHAP made the following recommendation:

 

The Panel recommends that DA-1015/2014 for a three lot Torrens title subdivision at Lot 1 DP 876617 be approved subject to conditions attached to the Council officer’s report.

 

Conclusion

 

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

 

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 DetailsView (Under separate cover)

2.         IHAP reportView (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)  


96

Ordinary Meeting 25 March 2015

Independent Hearing and Assessment Panel Report

 

IHAP 07

DA-26/2014 - Torrens Title subdivision of one (1) existing lot into six (6) lots; and construction of six (6) single-storey dwelling houses at 154-156 Flynn Avenue, Middleton Grange

 

Strategic Direction

Liveable Safe City

Improve the community’s sense of safety in Liverpool

Key Policy

Urban Development Plans

File Ref

043079.2015

Report By

Taylar Vernon - Strategic Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

154-156 Flynn Avenue, Middleton Grange (Lot 102 DP 1149352)

Owner

Kordan (Aust) Pty Ltd

Applicant

Ingham Planning Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-26/2014, proposing the

Torrens title subdivision of one existing lot into six lots and construction of six single-storey dwelling houses at 154 – 156 Flynn Avenue, Middleton Grange. This application was lodged on 22 January 2014.

 

This application was referred to the Independent Hearing and Assessment Panel (IHAP) at their meeting on 23 February 2015, and the IHAP concurred with the Council officer’s recommendation and recommended that the application be refused due to concerns relating to the amenity impacts associated with the proposed shared one-way driveway; the shortfall in Section 94 contributions resulting from the proposed variation to dwelling density; and unsatisfactory drainage plans being provided with the application.

 

The applicant was requested to amend the proposed access arrangements to the dwellings, however the request was declined by the applicant, who sought a determination based on the scheme which was initially submitted. It is therefore recommended that the application be refused for the reasons discussed in the attached IHAP report and summarised below.

 

 

RECOMMENDATION

 

That Council refuses Development Application DA-26/2014 proposing Torrens title subdivision of one (1) existing lot into six (6) lots; and construction of six (6) single-storey dwelling houses for the following reasons:

 

a.   Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the development application is inconsistent with Clause 7.11 of the Liverpool Local Environmental Plan 2008 which stipulates the minimum dwelling density of the site.

 

b.   Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the development application is inconsistent with the objectives of the R1 General Residential zone, specifically the following objectives:

                            

To provide for a variety of housing types and densities

 

To ensure that housing densities are broadly concentrated in locations accessible to public transport, employment, services and facilities

 

c.   Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning & Assessment Act 1979, the development application does not satisfy the requirements of the Liverpool Development Control Plan 2008, specifically those controls in Part 2.5 which relate to Private Open Space, private driveways (access) and stormwater management.

 

d.    Pursuant to Section 79C(1)(e) of the Environmental Planning & Assessment Act 1979, approval of the development application is not considered to be in the public interest.

 

REPORT

 

Background

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal has been referred to the IHAP for consideration, and to the full Council for determination, as the application proposes to vary Clause 7.15 of the Liverpool Local Environmental Plan (LLEP) 2008 by more than 10%. Clause 7.15 applies a minimum dwelling density requirements to the site.

 

The application was lodged with Council on 22 January 2014 and notified for a period of 14 days, between 6 March 2014 and 21 March 2014 and no submissions were received. A number of issues with the application were identified and additional information was subsequently requested from the applicant on 22 May 2014. Information was provided to Council on 2 September 2014; however, issues with the stormwater drainage plan and the proposed rear vehicular access were not addressed. The applicant was advised that the proposed rear shared driveway would not be supported primarily due to potential amenity impacts and it was requested that either revised plans be submitted which removed the shared one-way driveway, or the application be withdrawn. The applicant advised that the DA would not be withdrawn or amended and requested that it be determined based on the information which had been provided.

 

The Site

 

The subject site is known as 154-156 Flynn Avenue, Middleton Grange, and has a legal description of Lot 102 DP 1149352. The site has an area of 2050m2. The site is zoned R1 General Residential under the LLEP 2008 and a minimum dwelling density of 28 dw/ha applies to the site. It is noted that the application was lodged at a time when a minimum dwelling density of 30 dw/ha applied to the site, which was subsequently amended on 30 January 2015 with the gazettal of Amendment No. 39 to the LLEP 2008.

 

An aerial map of the site is provided in Figure 1 below.

 

Subject Site

 
Description: http://adm-m-gis1/output/Buffer_ims_adm-m-gis1675267087205.jpg 

Figure 1: Aerial image of the subject site

 

The locality is generally characterised by low density residential development and land which is identified or approved for future residential development.

 

Details of the Proposal

 

The development application proposes the following:

 

·    Torrens Title subdivision of the existing lot into six lots with areas;

 

Lot 1 – 352.9sqm

Lot 2 – 335.9sqm

Lot 3 – 335.9sqm

Lot 4 – 335.9sqm

Lot 5 – 335.9sqm

Lot 6 – 353sqm

 

·    Construction of six single-storey, three bedroom dwelling houses

 

The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.15 of the LLEP 2008, which prescribes the minimum dwelling density requirement.

 

An extract of the proposed subdivision plan and elevations is provided in Figures 2 & 3 below.

 

Figure 2: Extract of Proposed Plan of Subdivision

 

Figure 3: Monkton Avenue Street Elevation

 

The proposed development includes a shared one-way driveway at the rear of the dwellings, as illustrated in Figure 4 below.

Figure 4: Proposed site plan showing proposed access and private open space

 

The application is accompanied by a written request to vary Clause 7.15 of the LLEP 2008, which prescribes a minimum dwelling density of 28 dw/ha for the site. The development achieves a density of 22.3 dw/ha, representing a variation of approximately 20.4%. It is noted that Amendment No. 39 was made on 30 January 2015, which amended the minimum dwelling density in this location from 30 dw/ha to 28 dw/ha; however, the proposal remains non-compliant with the minimum dwelling density requirement.

 

The Issues

 

Various issues have been identified with the proposed development, these are identified as follows;

 

Proposed Access

 

The proposed access arrangement is inconsistent with the Liverpool Development Control Plan 2008. This report recommends refusal, principally on the basis of unsatisfactory access arrangements, insufficient private open space provision, and the resultant impacts on residential amenity.

 

The development will generate approximately 64 daily vehicle trips, based on the Roads and Maritime technical direction TD 2013/04a on Guide to Traffic Generating Development, Updated Traffic Survey. It has been considered in the assessment of this application that this magnitude of vehicle movements presents a serious risk of physical injury to individuals while utilising the private open space associated with each of the dwellings.

 

There are also concerns regarding the privacy of future residents and consideration of whether the rear landscaped area of each of the dwellings can even be considered to be ‘private open space’, given the number of lots which are granted a right of carriageway across the rear of each of the lots. The number of traffic movements which could realistically be envisaged to occur within the area which is identified as private open space is such that the amenity and privacy of future residents is likely to be severely compromised. On these grounds, the development application is recommended for refusal.

 

These matters are discussed in greater depth in the attached IHAP report.

 

Variation to dwelling density results in a shortfall in Section 94 developer contributions

 

The Liverpool Contributions Plan 2009 identifies a levy totalling $173,381 to be paid to Council as a consequence of the proposed subdivision.

 

Compliance with the minimum dwelling density which applies to the site, based on the current access arrangement, would require 8 lots to be achieved. Subdivision of the subject site to create 8 lots would result in a total contribution to be paid to Council of $243,998. The application therefore represents a shortfall of $70,617.

 

Independent Hearing and Assessment Panel

 

At its meeting dated 23 February 2015, the IHAP considered the proposed development and recommended that the application be refused for the reasons set out in the attached IHAP report.

 

Conclusion

 

The application has been assessed having regard to the provisions of Section 79C of the EP&A Act 1979, the provisions of the LLEP 2008 and LDCP 2008 and the merits of the proposed development.

 

The proposal is non-compliant with Clause 7.11 of LLEP 2008, which relates to minimum dwelling density. The application also proposes a shared one-way driveway which has a detrimental impact on the residential amenity of future residents, particularly in regards to safety and privacy.

 

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 and Land Owner DetailsView (Under separate cover)

2.         IHAP reportView (Under separate cover)

3.         IHAP recommendation View (Under separate cover)      


103

Ordinary Meeting 25 March 2015

Chief Financial Officer

 

CFO 01

Draft Delivery Program 2013/17 Operational Plan & Budget 2015/16

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Long-Term Financial Plan

File Ref

045528.2015

Report By

Miles Carter - Project Officer - Strategy and Performance

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

This report proposes to place the draft 2013-2017 Delivery Program and 2015-2016 Operational Plan on public exhibition to allow for public comments and submissions.

 

Section 404 and 405 of the Local Government Act 1993 requires Council to review its Delivery Program and adopt its annual Operational Plan by 30 June each year. The plan must be exhibited for public comment and submissions for at least 28 days.

 

The 2013-2017 Delivery Program is a statement of commitment to the community from each newly elected council. It outlines Council’s response to the Community Strategic Plan, how it will contribute to achieving these goals during its term of office and what its priorities will be. The 2015-2016 Operational Plan and Budget is an annual plan. It focuses on the specific actions which will be undertaken and the corresponding annual budget for the 2015-16 financial year.

 

For improved integration, the 2013-2017 Delivery Program and 2015-2016 Operational Plan have been incorporated into one document. The draft documents are attached to this report under separate cover.

 

RECOMMENDATION

 

That Council:

 

1.   Places the draft Delivery Program and Operational Plan including the draft 2015-16  Budget and Revenue Pricing Policy (Schedule of Fees and Charges) on public exhibition for a period of 28 days to allow for public comments and submissions.

 

2.   Receives a further report after a review of public submissions at the May Council meeting.

 

 

REPORT

 

Draft 2013-17 Delivery Program and 2015-16 Operational Plan and Budget

 

The Delivery Program documents all of the principal activities which Council will be delivering during its term of office. It is Council’s commitment to the community and outlines how it will contribute to achieving the strategies listed in the Community Strategic Plan. The Delivery Program addresses all of Council’s operations and allocates high level responsibilities for each activity.

 

The draft 2015-16 Operational Plan outlines the specific actions which Council will deliver as well as the draft budget for the 2015-16 financial year and Statement of Revenue Policy (Fees and Charges).

 

For improved integration and functionality, the 2013-17 Delivery Program and draft 2015-16 Operational Plan have been included in the same document. It includes the following:

 

·    Council's principal activities over four years:

·    Performance measures to determine effectiveness;

·    2015-16 Actions;

·    2015-16 draft Budget;

·    2015-16 proposed Capital Works Program; and

·    2015-16 draft Revenue Pricing Policy (proposed rates, fees and charges).

 

Consultation during the exhibition period

 

The draft Delivery Program and Operational Plan and Budget will be available to residents to seek their input through the following methods:

 

·    Hard copies will be available at various locations during the public exhibition period including Council’s Customer Service Centre and all libraries;

·    Presentations will be made at Community Forum meetings;

·    The document will be placed on Council’s website at www.liverpool.nsw.gov.au;

·    Public notices will be placed in local papers;

·    Information will be posted on Council’s social networking and community engagement sites.

 

Council will consider all submissions and comments at its May Council meeting with a recommendation that the Draft Delivery Program and Operational Plan including the draft 2015-16 budget, proposed 2015-16 Capital Works Program and the draft 2015-16 Revenue Pricing Policy (proposed rates, fees and charges) be adopted.

 

CONSIDERATIONS

 

Economic and Financial

The financial implications of all of the services outlined are included in the Draft 2015-16 Budget.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Opportunity for community participation and feedback.

Public exhibition is a statutory requirement under section 405 of the Local Government Act.

 

 

ATTACHMENTS

 

1.         Draft 2013-2017 Delivery Program and 2015-16 Operational Plan (including budget and Statement of Revenue Policy). View (To be provided under separate cover)  


106

Ordinary Meeting 25 March 2015

Chief Financial Officer

 

CFO 02

Privacy Management Plan

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Long-Term Financial Plan

File Ref

050333.2015

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

Council’s Privacy Management Plan, adopted in March 2013, is due for review.The Privacy and Personal Information Protection Act 1998 (the PPIPA Act) requires all public sector agencies to prepare and implement a privacy management plan.

 

Council’s Privacy Management Plan is based upon the Model Privacy Management Plan for Local Government (the Model Plan), revised in 2013, after consultation between the NSW Privacy Commissioner and the Local Government and Shires Associations of NSW. Council is required to adopt a Privacy Management Plan in accordance with the Model Plan.

 

Council’s Privacy Management Plan has been duly reviewed. Only minor changes have been made in formatting, style (in accordance with other policies) and wording (to reflect changes in Council’s organizational structure).

 

This report recommends that Council note this report; adopt the Privacy Management Plan, as attached to this report; and submit a copy of its Privacy Management Plan to the NSW Privacy Commissioner.

 

 

RECOMMENDATION

 

That Council:

 

1.       Note this report.

 

2.       Adopt the Privacy Management Plan, as attached to this report.

 

3.       Submit a copy of the Privacy Management Plan to the NSW Privacy Commissioner.

 

 

 

REPORT

 

Section 33 of the Privacy and Personal Information Protection Act 1998 (the PPIPA Act) requires Council to prepare and implement a privacy management plan which must comply with the PPIPA Act and the Health Records and Information Privacy Act 2002 (the HRIPA Act). This plan may be amended from time to time and a copy of any amended plan must be submitted to the NSW Privacy Commissioner.

 

Council’s Privacy Management Plan was last reviewed by Council on 27 March 2013. It is based upon the Model Plan, revised in 2013, after consultation between the NSW Privacy Commissioner and the Local Government and Shires Associations of NSW.

 

Council’s Privacy Management Plan has been duly reviewed by Council’s Governance Coordinator who is also Council’s Privacy Contact Officer. Only minor changes have been made to the Plan in relation to formatting, style (which is in accordance with other policies) and wording (to reflect changes in Council’s organizational structure).

 

The Plan is a rather dense and wordy document, structured around the Information Protection Principles of the PPIPA Act and the Health Privacy Principles of the HRIPA Act. Unfortunately, there is little room to simplify the document which must reflect the wording of the Model Plan. (It should be noted that the Health Privacy Principles apply only to health information collected in relation to children enrolled in Council’s childcare facilities.) However, during the past two years, a thorough review of Council’s forms, websites and processes has been undertaken to ensure that Council complies with privacy requirements and that these requirements are set out in a way that can be readily understood by customers, Councillors and members of Council staff. This is an ongoing process.

 

This report recommends that Council note this report; adopt the Privacy Management Plan, as attached to this report; and submit a copy of its Privacy Management Plan to the NSW Privacy Commissioner.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

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

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

 

 

 

ATTACHMENTS

 

1.         Privacy Management Plan (Draft for Review by Council)View (Under separate cover)  


109

Ordinary Meeting 25 March 2015

Chief Financial Officer

 

CFO 03

55th Floodplain Management Association Conference

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Floodplain Risk Management Plan

File Ref

050446.2015

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

The purpose of this report is to advise Council of the 55th Annual NSW Floodplain Management Association (FMA) Conference to be held in Brisbane 19-22 May 2015, and to nominate Council’s delegates to attend the Conference.

 

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the program information of the Floodplain Management Association of NSW 55th Annual Conference – 19 May 2015 to 22 May 2015.

 

2.    Nominate its delegates to attend the 2015 Floodplain Management Association Conference in Brisbane from 19 May 2015 to 22 May 2015.

 

 

 

REPORT

 

The Floodplain Management Association (FMA) was established to promote sound and responsible floodplain management and to make representations on behalf of Local Government at State and Federal levels. The FMA is accepted by government agencies as representing the interests of floodplain communities and those authorities responsible for managing the floodplains to reduce future flood losses.

 

The theme for this year’s conference is “Building a Flood Resilient Australia”, which will focus on Building Resilient Communities and Flood Resilient Buildings and Infrastructure. The conference commences on Wednesday 20 May 2015 with a pre-conference workshop to be held on Tuesday 19 May 2015 for interested delegates.

The Conference will attract over 350 practitioners involved in floodplain risk management. Attendees will include Commonwealth, State and Local Government elected representatives and staff, researchers and education providers, as well as consultants, engineers, land-use planners, emergency response personnel and community volunteers.

 

Liverpool City Council, as a member of the Floodplain Management Association, is entitled to have two voting delegates.

 

 

CONSIDERATIONS

 

Economic and Financial

The estimated cost per representative for attending the Conference is as follows:

Accommodation: Approximately $240.00 per night x 4 nights = $960.00 per delegate.

Travel: $300.00 per delegate.

Registration: $1,125.00 per delegate.

Environmental and Sustainability

Manage air, water, noise and chemical pollution.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Act as an environmental leader in the community.

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

Actively advocate for federal and state government support, funding and services.

 

 

ATTACHMENTS

 

1.         55th Floodplain Management Association Conference ProgramView

2.         Conference Registration Form


111

CFO 03

55th Floodplain Management Association Conference

Attachment 1

55th Floodplain Management Association Conference Program

 


 


 


 


 


 


 


 


 


 


121

CFO 03

55th Floodplain Management Association Conference

Attachment 2

Conference Registration Form

 


 


123

Ordinary Meeting 25 March 2015

Chief Financial Officer

 

CFO 04

Investment report February 2015

 

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

051994.2015

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 28th February 2015, Council held investments with a market value of $166.1 million. The portfolio yield for twelve months ended was 3.96 per cent exceeding the benchmark of 2.73 per cent by 123 basis points for the same period.

 

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 28th February, Council held investments with a market value of $166.1 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                                                            $127 million

·    Cash at Call & in Bank                                               $14.97 million

·    Debt securities, Bonds & FRN’s                                $24.13 million

 

 

 

 

As at the end of February 2015, the ratio of market value compared to face value of various debt securities is shown in the table below.

 

 

Asset Class

Feb-15

Jun-14

Senior Debts (FRN's)

100.49 %

 101.48%

Senior Bonds (NCD & Corporate Bonds)

106.96 %

 104.56%

MBS (Reverse Mortgage Backed Securities)

  64.51 %

  60.14%

Total

  96.39%

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

 

 

 

 

 

 

 

Market Value of Investment by Issuer

 

 

 

 

 

 Market Value of Investment by Credit Rating category

 

 

 

 

 

 Portfolio Maturity Profile

 

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

 

 

Portfolio Performance

 

Council’s investment portfolio yield for the 12 months ended 28th February 2015 was 3.96 per cent which exceeded benchmark of 2.73 per cent by 123 basis points for the same period. Return on investments is expected to gradually decrease as old investments in Council’s portfolio mature and replaced with investments yielding lower returns. Comparative yields for the previous months are charted below:

 

During the month, Council sold its two lowest yielding major bank FRN’s at +37bp; realising capital gains in excess of $68k. This helped boost the overall performance of the portfolio in February.

 

 

Council is in continuous discussion with its investment Adviser, CPG Research & Advisory, to take advantage of capital gains opportunities as they occur.

 

Council replaced the FRN sold with a new three year $6m FRN issued by Newcastle Permanent Building Society paying a margin of 110 basis points over three months BBSW reference rate.

 

Investment Portfolio at a Glance

 

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

Description: MCWB01114_0000[1]

The portfolio yield for 12 month ended is 123 basis points above the benchmark for the same period (3.96% against 2.73%).

Annual Income vs. Budget

Description: MCWB01114_0000[1]

Council’s investment income at par with the revised year to date budget. The annual budget was revised upwards by $441k ($300k General Fund and $141k for Section 94) as part of December quarter budget review to reflect additional investment income received.

 

Investment Policy Compliance

 

Legislative Requirements

 

Description: MCWB01114_0000[1]

Fully Compliant.

Portfolio Credit Rating Limit

Description: MCWB01114_0000[1]

Fully Compliant.

 

Institutional Exposure Limits

Description: MCWB01114_0000[1]

Fully Compliant.

Term to Maturity Limits

Description: MCWB01114_0000[1]

Fully Compliant.

 

Economic Outlook – Reserve Bank of Australia

 

At its March 2015 meeting, the Board of the Reserve Bank of Australia (RBA) decided to leave the cash rate unchanged at 2.5 per cent. A statement released on 3 March 2015 by Glenn Stevens, Governor of the RBA commenting on the central bank decision is attached to this report.

 

Returns on Term Deposits have significantly dropped in anticipation of future RBA rate cuts. The return on longer term deposits (> 3years) is currently at 3.2% to 3.4% ;over medium term (2 to 3 years to maturity) 3.1per cent to 3.2 per cent per annum and short term deposits rate (less than one year to maturity) is ranging from 2.6 per cent for 30 days to 3.1 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

Council’s investment income at par with the revised year to date budget. The annual budget was revised upwards by $441k ($300k General Fund and $141k for Section 94) as part of December quarter budget review to reflect additional investment income received

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.         Media Release Reserve Bank of Australia March 2015View

2.         Investment Detail Report February 2015View

3.         Performance Graphs Actual to Budget


129

CFO 04

Investment report February 2015

Attachment 1

Media Release Reserve Bank of Australia March 2015

 


131

CFO 04

Investment report February 2015

Attachment 2

Investment Detail Report February 2015

 


 


 


 


133

CFO 04

Investment report February 2015

Attachment 3

Performance Graphs Actual to Budget

 


134

Ordinary Meeting 25 March 2015

Chief Financial Officer

 

CFO 05

Council Reserves

 

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

055748.2015

Report By

Vishwa Nadan - Manager Financial Management

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

Council currently maintains external and internal funding reserves. While external reserves have legislative requirements, internal reserves are discretionary by nature and maintained as the Council sees fit for its purposes.

 

Whilst the purpose of maintaining such internal reserves has merit, it also propagates cash accounting culture which encourages spending decisions by the Management and Council that may conflict with Council’s operating results and performance indicators. With increased focus on “Fit For the Future” and accrual accounting, this practice is not prudent from a financial management perspective.

 

A review of Council’s current 28 internal reserves was performed and a report (CFO 08) presented to Council at its meeting on 25th February 2015.

 

The Council through a resolution deferred its decision, pending further briefing on the matter.

 

At the Budget and Finance Committee Meeting and Councillors Budget Briefing held jointly on 5 March 2015, the Councillors were briefed on reasons for the recommendations in the report.

 

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the report;

 

2.       Approves the recommended changes to Council Reserves structure.

 

 

 

REPORT

 

Councils maintain funding reserves for a number of reasons, including:

 

·  Legislative requirement to account and report on funds that are collected as a result of levying special rates or received from external sources for specific purposes (referred to as “external reserves’)

 

·  Industry practice to maintain reasonable cash to fund employee entitlements and unexpected insurance claims etc;

 

·  Setting aside cash to fund costs that may be cyclical.

 

The latter two are referred to as “internal reserves”.

 

There is no legislative requirement or a specific industry guideline on the number or types of internal reserves that Council should maintain.

 

Currently Council has 28 internal reserves for various purposes.

 

Whilst the purpose of maintaining such reserves has merit, it also propagates cash accounting culture which encourages spending decisions by the Management and Council irrespective of their impacts on Council’s operating results and performance indicators. With increased focus on “Fit For the Future” and accrual accounting, this practice is not prudent from a financial management perspective.

 

A review of all of Council’s internal reserves was performed. The objective was to reduce the number of internal reserves by consolidation and/or closure of those deemed not necessary. Attachment 1 to this report provides detailed recommendations.

 

The current structure for external reserves remains unchanged.

 

CONSIDERATIONS

 

Economic and Financial

Lead to more informed financial decisions

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.         Proposed Council Reserves


137

CFO 05

Council Reserves

Attachment 1

Proposed Council Reserves

 


137

Ordinary Meeting 25 March 2015

Chief Financial Officer

 

CFO 06

PRIMA Conference Attendance and Study Tour 2015

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Enterprise Risk Management Policy

File Ref

059369.2015

Report By

Mark Brookfield - Risk Coordinator

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

The 2015 PRIMA Conference and study tour will occur between the 30 May 2015 and 12 June 2015, it is recommended that Council approve the participation and attendance of Councils Risk Management Coordinator Mark Brookfield to the 2015 PRIMA Conference and study tour.

 

 

RECOMMENDATION

 

That Council endorses Councils Risk Management Coordinators nomination by Westpool and attendance and participation at the 2015 PRIMA Conference and study tour.

 

 

REPORT

 

Council is a founding member of Westpool which is in its 26th year of operation. Westpool is a very successful cooperative arrangement with 14 other Councils. All of Councils Insurances are either self-insured by or placed through Westpool. Being a cooperative arrangement Council is an equity partner in the funds held by Westpool with unspent funds being returned to member Councils as insurance years are closed.

 

Westpool was formed at a time when insurance was unavailable or prohibitively expensive and is based on Insurance Pools formed in the USA to cover Councils there for their insurance exposures. As a result Westpool maintains close links with Pooling in the USA.

 

 

 

 

 

 

Westpool has over a number of years had a professional development program which includes conference attendance for nominated members. Westpool nominates delegates to periodically attend the PRIMA (Public Risk Insurance Managers Association) Conference in the USA and meet with Councils and Insurance Pools to examine the most cost effective way of delivering Local Government Insurance and services.The cost of attendance including conference registration, airfares, accommodation, meal’s and out of pocket expenses are budgeted for and paid by Westpool.

 

Liverpool Risk Management Coordinator Mark Brookfield has been Councils representation on the Management Committee of Westpool since the Pool was formed. He has been nominated by the Westpool Management Committee as their attendee at the 2015 PRIMA Conference in Austin Texas. PRIMA is the Public Risk and Insurance Managers Association in the USA. Westpool has had a long association and membership of PRIMA as it has been found to be the best source of Local Government Pooling, Insurance and Risk Management practices information outside Australia. The Pool normally sends one Management Committee a Board representative and the Pools CEO to attend the conference and meet with Councils and other Pools with the group discussing differing issues with different Council and Pool staff.

Whilst there is no direct cost to member Councils who have delegates attending, Westpool is a co-operative in which all member Council’s have equity. The cost of attendance is part of the Westpool Professional Development Program and is budgeted for, it is an operation cost met from member contributions so Council is indirectly funding attendance. The only direct cost to Council is time and wages for 10 normal working days involved. The full study tour arrangement are yet to be finalized and will include meetings all in Texas in Dallas, San Antonio, and Austin. Attendance benefits will be both to Council and Councils participation in management of Westpool. Looking at current trends and practices, service delivery methods, staff and community safety initiatives, insurance cover and markets in the USA, self-insurance practices, funding models, pool investment management, captives and alternate insurance options. Whilst Councils in the USA provide a larger range of services the study tour and discussions centre on the similar services delivered by Councils in Australia.

 

CONSIDERATIONS

 

Economic and Financial

The costs associated with attending the 2015 PRIMA Conference and study tour is met from Westpool budgeted funds. The only direct cost to council is budgeted wages for working days during the period of attendance.

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.

 

 

ATTACHMENTS

 

1.         PRIMA Conference Brochure 2015View  


141

CFO 06

PRIMA Conference Attendance and Study Tour 2015

Attachment 1

PRIMA Conference Brochure 2015

 


 


142

Ordinary Meeting 25 March 2015

Chief Financial Officer

 

CFO 07

2015 National General Assembly of Local Government

 

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

059496.2015

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

The 2015 National General Assembly of Local Government (NGA) will be held in Canberra from Sunday 14 June – Wednesday 17 June 2015.

 

This report recommends that Council nominates delegates to attend the 2015 National General Assembly.

 

 

RECOMMENDATION

 

That Council nominates delegates to attend the 2015 National General Assembly of Local Government to be held on Canberra from Sunday 14 June – Wednesday 17 June 2015. 

 

 

REPORT

 

The National General Assembly of Local Government (NGA) is a key event on the local government calendar. It is convened by the Australian Local Government Association (ALGA) for local councils across Australia to develop and express a united voice on the core issues affecting local government and their communities.

 

The NGA provides an important platform to showcase local government to influential decision-makers of the federal government, at both the political and departmental levels.

 

The 2015 NGA will be held in Canberra from Sunday 14 June to Wednesday 17 June 2015. A copy of the program is attached. Registration, accommodation, meals and travel costs will be incurred. Council is entitled to one vote at the NGA but is not limited on the number of Councillors who can attend.

 

The Australian Local Government Association (ALGA) Board is calling for motions for the 2015 NGA under the theme of 'Closest to the Community: Local Government in the Federation’. It reflects not only the dominant debate being pursued by the Australian Government, but also an opportunity to dig much deeper to discuss and debate the role of local government not just in the larger Federation, but in our communities.

 

To be eligible for inclusion in the NGA Business Papers motions must follow the principles:

 

1.   Be relevant to the work of local government nationally;

 

2.   Be consistent with the themes of the Assembly;

 

3.   Complement or build in the policy objectives of your state and territory local government association;

 

4.   Propose clear action and outcome; and

 

5.   Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of local government.

 

A copy of the NGA call for motions Discussion Paper is attached.

 

The deadline for motions is 17 April 2015 and all motions submitted must be adopted by Council.

 

CONSIDERATIONS

 

Economic and Financial

The costs associated with attending the 2015 NGA are included in the 2014/2015 budget and the costs per delegate are:

-     Registration: $899 per person

-     Accommodation: $345 per night

-     Meals: $230 (buffet dinner on 15 June and conference dinner on 16 June 2015)

-     Travel via Council vehicle

Environmental and Sustainability

Raise community awareness and support action in relation to environmental issues.


Social and Cultural

Raise awareness in the community about the available services and facilities.


Civic Leadership and Governance

Act as an environmental leader in the community.

Facilitate the development of community leaders.

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

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

Actively advocate for federal and state government support, funding and services.

 

 

ATTACHMENTS

 

1.         2015 National General Assembly Letter of InvitationView

2.         2015 National General Assembly of Local Government - Call for MotionsView

3.         2015 National General Assembly of Local Government - Program


145

CFO 07

2015 National General Assembly of Local Government

Attachment 1

2015 National General Assembly Letter of Invitation

 


149

CFO 07

2015 National General Assembly of Local Government

Attachment 2

2015 National General Assembly of Local Government - Call for Motions

 


 


 


 


 


 


 


 


 


 


 


 


165

CFO 07

2015 National General Assembly of Local Government

Attachment 3

2015 National General Assembly of Local Government - Program

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


174

Ordinary Meeting 25 March 2015

Community and Culture Report

 

DCC 01

Donations, Grants and Sponsorships

 

Strategic Direction

Healthy Inclusive  City

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

Key Policy

Donations Policy

File Ref

003969.2015

Report By

Sarah Rees - Coordinator Community Development

Approved By

Kiersten Fishburn - Director Community & Culture

 

 

Executive Summary

 

Council provides financial assistance to the community under three categories; Community Donations (including Community Grants, Small Grants, Men’s Shed One-off Grants, School and Youth Donations), Sporting Donations and Corporate Sponsorship.

 

The Financial Contributions Panel (FCP) recently considered a number of applications from local organisations for Community Donations.

 

This report presents the funding recommendations made by the FCP for Council's consideration.

 

 

REcommendation

 

That Council endorses the Financial Contribution Panel's recommendations for the provision of $17,010 under the Community Donations Program  as summarised in the table below

 

Applicant Name

Project Name

Amount

The Indian Senior Citizens Society Inc.

Social Outings and Activities For Seniors

$3,300

The HUB Community Health Centre Miller Art and Fact Inc.    

Whatever Happened to Green Valley- Film and Community Forum

$3,710

Inspire Community Services Inc.

Inspiring Youth Centre (Disability Plumbing)

$5,000

Inspire Community Services Inc.

Inspiring Youth Centre (Air Conditioning)

$5,000

 

 

 

 

REPORT

 

The Donations program has three categories:

 

·    Community Donations (including Community Grants, Small Grants, Men’s Shed One-off Grants School and Youth Donations);

 

·    Sporting Donations; and

 

·    Corporate Sponsorship.

 

Applications for Sporting Donations, Community Grants and Corporate Sponsorship are accepted on an ongoing basis. Applications are then reviewed by the Financial Contributions Panel (FCP) comprised of the Mayor, Deputy Mayor, Chief Executive Officer and delegated staff.

 

This report contains the most recent recommendations by the FCP for Community Donations.

 

Community Donations

Council's Community Donations Program is available to community groups who provide programs or services to the residents of Liverpool. Four applications for community grants were received by Council. Four applications met the program criteria and are recommended for funding. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the requests are outlined in the table below.

 

Applicant Details

Project Name and Description

Amount Requested

FCP Recommendation

The Indian Senior Citizens Society Inc.

Social Outings and Activities For Seniors.

 

To provide a range of social outings and activities for Fijian Indian senior citizens who are isolated and homebound due to language and mobility barriers.

 

Community Benefits:

·    Increased engagement in social activities

·    Reduced marginalisation of isolated community members; and

·    Promotes social interactions among members of the Fijian Indian community.

 

 

$3,300

$3,300

The HUB Community Health Centre Miller Art and Fact Inc.    

Whatever Happened to Green Valley (1973) - Film and Community Forum.

 

To provide a platform for 2168 residents to raise issues and ideas with the view for planning and service improvements through the screening of ‘Whatever Happened to Green Valley (1973)’ documentary film.

 

Community Benefits:

·    Fosters community engagement in a disadvantaged area

·    Increased awareness of local needs and issues and development of strategies to address these; and

·    Builds capacity and empowers 2168 residents to take ownership in addressing local issues.

$3,710

$3,710

Inspire Community Services Inc.

Inspire Youth Centre (Disability Plumbing).

 

To provide an accessible area for young people with a disability to engage in social activities at Inspire Youth Centre.

 

Community Benefits:

·    Increased access to social activities for young people with a disability

·    Raises awareness of young people with a disability; and 

·    Fosters social inclusion by integrating young people with a disability in mainstream services and activities.

$5,000

$5,000

Inspire Community Services Inc.

Inspire Youth Centre (Three split system air conditioners)

 

 

To provide a well-ventilated and conducive environment for young people by installing three split system air conditioners.

 

Community Benefits:

·    Increased youth participation from 150 per week to 250 per week once the youth centre is fitted out, upgraded and equipped with essential facilities; and

·    Increased engagement of young people in structured activities.

$5,000

$5,000

 

 

CONSIDERATIONS

 

Economic and Financial

 

A budget allocation of $80,000 for the Community Donations Program was adopted by Council in its 2014/2015 Operational Plan. If the recommended amount of $17,010 is endorsed the remaining balance will be $43,344.50. The recommendations within this report will be funded from the Community Donations Program.

 

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

Raise awareness in the community about the available services and facilities.

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


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Criteria for Community Donations View  


179

DCC 01

Donations, Grants and Sponsorships

Attachment 1

Criteria for Community Donations

 


179

Ordinary Meeting 25 March 2015

Community and Culture Report

 

DCC 02

Proposed Amendments to the Liverpool Youth Council Charter

 

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

052276.2015

Report By

Sarah Rees - Coordinator Community Development

Approved By

Kiersten Fishburn - Director Community & Culture

 

 

6Executive Summary

 

At its meeting on 24 September 2014, Council resolved that Liverpool Youth Council quorum consist of half plus one and two Councillor representatives. Since the commencement of this arrangement, five meetings have been convened; however, only two of these meetings achieved quorum in the absence of the required two Councillors. For this reason, it is recommended that the Liverpool Youth Council Charter be amended to include a quorum of half of Youth Council membership plus one and one Councillor representative as detailed in Section 10.1 of the attached Liverpool Youth Council Charter.

 

At its meeting on 26 November 2014, Council resolved that changes be made to the Liverpool Youth Council Charter to include the establishment of an eligibility list. Accordingly, Section 9.3.1 of the Liverpool Youth Council Charter has been amended to reflect this resolution.  

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the proposed amendment to the Liverpool Youth Council Charter to include a quorum of half plus one and one Councillor representative as detailed in Section 10.1 of the attached Liverpool Youth Council Charter.

 

2.   Endorses the amendments resolved on 26 November 2014 to include the establishment of an eligibility list as detailed in Section 9.3.1 of the attached Liverpool Youth Council Charter.

 

 

 

 

 

REPORT

 

The Liverpool Youth Council was established primarily to provide advice to Council about issues relating to young people, to act as a consultative mechanism for young people and to promote the interests of young people in Liverpool. Membership consists of 12 young people and Councillors.

 

Since the establishment of the Liverpool Youth Council in 1999, the Committee has proactively advocated for young people on key issues including education, health, homelessness and bullying. Furthermore, the Committee plans and delivers youth events and activities including CBD Exposed Urban Youth Music Festival, National Youth Week initiatives and Street Legacy. 

 

A key purpose of Liverpool Youth Council is to expose members to the political and operational aspects of local government. To achieve this, Youth Councillors are responsible for chairing meetings, taking minutes, monitoring budgets and attending professional development opportunities.

 

The Committee meets monthly and is governed by the Liverpool Youth Council Charter which was updated and adopted by Council on 24 September 2014. The Charter details the roles and responsibilities of a Youth Council including quorum, decision-making and terms of office.

 

Quorum and Decision Making

At its meeting on 24 September 2014, Council resolved that Liverpool Youth Council quorum consist of half plus one and two Councillor representatives. Since the commencement of this arrangement, five meetings have been convened, however only two of these meetings achieved quorum in the absence of the required two Councillors. As a result, the endorsement of recommendations were delayed as items were carried over to the next meeting where a quorum was achieved.

 

In an attempt to achieve quorum regularly, it is proposed that the Liverpool Youth Council Charter be amended to include a quorum of half of Youth Council membership plus one and one Councillor representative as detailed in Section 10.1 of the attached Liverpool Youth Council Charter.

 

It is anticipated that by amending the Charter to include a quorum of half of Youth Council membership plus one and one Councillor representative, a quorum will be achieved more regularly which fosters good governance practices by ensuring decisions are endorsed in a timely manner.

 

Terms of Office - Casual Vacancy

In line with the recommendation by Liverpool Youth Council on 7 October 2014, at its meeting on 26 November 2014, Council resolved that changes be made to the Liverpool Youth Council Charter to include the establishment of an eligibility list. That is, should a vacancy occur during the term of appointment it will be filled by an applicant on the eligibility list. The eligibility list will contain names of applicants who have been previously interviewed and have met the stipulated criteria. Appointments made via the eligibility list will be endorsed by Council through its standard process.

 

The benefits derived from the establishment of an eligibility list include:

 

·    Streamlined recruitment processes – can contact applicant straight away, rather than having to advertise, interview and appoint

·    Reduced costs of advertising for membership during mid-term

·    Reduced staffing resources required to undertake recruitment and appointment process; and

·    Prompt return to full membership.

 

This recommendation was resolved by Council at its meeting on 26 November 2014. Accordingly, Section 9.3.1 of the Liverpool Youth Council Charter has been amended to reflect this resolution.  

 

In conclusion, it is anticipated that the proposed amendments to the Liverpool Youth Council Charter will foster good governance practice, ensure the prompt endorsement of recommendations and streamline the process of appointing members during mid-term.     

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

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


Civic Leadership and Governance

Facilitate the development of community leaders.

Encourage the community to engage in Council initiatives and actions.

 

 

ATTACHMENTS

 

1.         Amended Liverpool Youth Council Charter


193

DCC 02

Proposed Amendments to the Liverpool Youth Council Charter

Attachment 1

Amended Liverpool Youth Council Charter

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

  


197

Ordinary Meeting 25 March 2015

Planning and Growth Report

 

DPG 01

Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

006642.2015

Report By

Benny Horn - Strategic Planner

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

At its 26 November 2014 meeting, Council resolved “that a further report with a detailed proposal to potentially amend the Liverpool LEP and DCP to include controls relating to social impact assessment will be submitted no later than March 2015”.

 

Council staff have evaluated options for amending the Liverpool LEP and DCP, and recommend that Council adopt a DCP amendment and commence public exhibition of the proposed changes in accordance with legislative requirements.  The proposed DCP amendment is set out in this report.

 

Underpinning the proposed DCP amendment, Council staff have updated Council’s current Social Impact Assessment Policy to provide clear, step-by-step guidance to assist applicants in undertaking social impact assessments in accordance with the proposed DCP controls.  Council staff recommend that Council approve the updated Social Impact Assessment Policy for public exhibition, in conjunction with the proposed DCP amendment, with a further report to be provided to Council following public exhibition.

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report.

 

2.   Adopts the proposed amendment to the Liverpool DCP 2008, to include controls relating to social impact assessment for specific types of development, as detailed in           this report.

 

3.   Proceeds with public exhibition in accordance with the legislative requirements for amending the Liverpool Development Control Plan 2008.

 

4.   Adopts the updated Social Impact Assessment Policy, attached to this report, and place it on public exhibition for a period of 28 days in conjunction with the proposed DCP amendment.

 

5.   Notes that a further report will be submitted to Council following completion of the public exhibition phase.

 

REPORT

 

Background

 

Social impact assessment refers to the process in which plans, policies and applications for change to either the physical or cultural landscape of the area are reviewed and assessed in relation to the likely impact of these changes on the community.  Among other things, social impacts can include changes to way of life, opportunity, inter-generational equity, health and culture in a community, and the capacity of a community to sustain these things.

 

In December 2013, the lodgement of DA-1454/2013 for a hotel with gaming machines on the Fontainebleau Motel site in Casula generated substantial community concern about the potential social impacts of the proposal.  It also showed that Council’s existing framework for considering social impacts (Attachment 1) does not establish a clear or rigorous process for assessing those impacts, or set out the role that applicants and Council play in that process.  An overview of Council’s considerations pertaining to the assessment of social impacts of liquor and gaming related development proposals following DA-1454/2013 is at Attachment 2.

 

In November 2014, Council staff presented a report to Council outlining four options to amend the Liverpool LEP 2008 (LLEP 2008) and Liverpool DCP 2008 (LDCP 2008), in order to restrict liquor and gaming outlets in proximity to residential areas.

 

The report recommended that Council amend the LDCP 2008 to include additional requirements for social impact assessment.  This approach would enable Council to give substantial weight to the consideration of social impacts when assessing a development application, whilst – unlike under an LEP control – also retaining the discretion and flexibility to balance any social impacts against other outcomes on a case-by-case basis.  Furthermore, unlike for an LEP amendment, which would require external assessment and a Gateway determination, the DCP amendment process – and any potential future modifications – would be undertaken internally, and could thus be completed sooner than an LEP amendment.  As with an LEP amendment, Council would be required to publicly exhibit the proposed changes and consider any submissions before making its final decision to amend the DCP.

 

At its November meeting, Council subsequently resolved “that a further report with a detailed proposal to potentially amend the Liverpool LEP and DCP to include controls relating to social impact assessment will be submitted no later than March 2015”.

 

To assist Council’s consideration of such a proposal, Council staff have prepared a draft amendment to the LDCP 2008.  This option is consistent with the recommended approach outlined in the November 2014 report to Council.

 

Proposed LDCP 2008 Amendment

 

The proposed amendment to the LDCP 2008 – to include requirements relating to social impact assessment – is intended to provide applicants and Council staff with clarity about the requirements and steps involved in undertaking a social impact assessment as part of an application for development.  It also supports Council’s commitments under its existing framework for considering social impacts.

 

The proposed amendment (Attachment 3) sets Council’s objectives for social impact assessment and the types of residential, commercial and other development for which a social impact assessment would be required as part of any development application.  The DCP amendment establishes the basic steps required for social impact assessments and proposes two types of social impact assessment – Social Impact Comments and Comprehensive Social Impact Assessments – and refers applicants to Council’s Social Impact Assessment Policy for detailed guidance on the procedures and required information.  Table 1 lists the types of development that would require social impact assessment.

 

A Social Impact Comment is a brief assessment intended to provide initial scoping on social impacts.  It is not intended to be an onerous process and should not require specialist technical assistance to complete; a Social Impact Comment is instead intended to raise awareness of potential issues that may warrant further consideration.  A process of community consultation is not required as part of a Social Impact Comment.  It is undertaken by completing an Initial Assessment Form, in which categories of social impact, such as accessibility, community identity, crime and safety, are evaluated in short-answer format.  The Initial Assessment Form also requires the applicant to propose mitigations for any negative impacts and enhancements for any positive impacts that are identified.  The applicant should submit the Social Impact Comment to Council at the time of lodgement of the associated development application.

 

A Comprehensive Social Impact Assessment seeks to provide more in-depth assessment of potential social impacts.  It is to be limited only to developments in which Council perceives the potential social impacts to be of a scale and/or significance that warrants detailed analysis.  A Comprehensive Social Impact Assessment involves the completion of a report (including findings) by a specialist with appropriate social science qualifications and experience, and should be submitted to Council at the time of lodgement of the development application.  It also involves detailed consideration of social impact mitigations and enhancements where required, and a process of meaningful community consultation involving the impacted community.

 


 

Table 1 Types of development requiring a social impact assessment

 

Type of development

Social Impact Comment

Comprehensive Social Impact Assessment

 

Residential development

 

Applications for development of, or major changes to:

·      Residential flat buildings greater than 20 units

·      Multi-dwelling housing greater than 20 dwellings

·      Residential subdivision greater than 20 dwellings

·      Affordable housing, within the meaning of SEPP (Affordable Rental Housing) 2009 – excluding secondary dwellings

·      Housing for seniors or people with a disability, within the meaning of SEPP (Housing for Seniors or People with a Disability) 2004

·      Student housing

·      Caravan parks

 

 

Application for development of, or major changes to:

·      Residential flat buildings greater than 100 units

·      Development that results in a reduction of affordable housing

 

Commercial development

 

Applications for development of, or major changes to:

·      Entertainment facilities

·      Amusement centres

·      Function centres (greater than 100 persons capacity)

·      Retail premises and other commercial development, including tattoo parlours

 

Applications for development of, or major changes to:

·      Packaged liquor outlets

·      Hotels (bars, pubs, taverns), nightclubs and registered clubs

·      Applications for liquor licences and gaming machines*

·      Extension of trading hours for licensed premises

·      Gaming outlets

·      Restricted premises (e.g. sex shops)

·      Sex services premises (e.g. brothels)

·      Gun shops

 

 

Other types of development

 

Applications for development of, or major changes to:

·      Childcare centres (greater than 20 places)

·      Places of public worship (greater than 200 persons capacity)

·      Health consulting rooms

·      Council-owned community facilities, including community centres, libraries, childcare centres and recreation facilities

·      Community land, as classified by the Local Government Act 1993

 

 

Applications for development of, or major changes to:

·      Drug rehabilitation services – including methadone clinics and safe injecting rooms

·      Hospitals, medical centres and community health service facilities

·      Freight transport facilities

·      Major public transport facilities

* A Community Impact Statement is required as part of the application process with the Independent Liquor and Gaming Authority

 

As it is impossible to completely anticipate the scale of social impacts that various types of development may generate in each circumstance, the proposed DCP amendment also equips Council with the discretion to waive or vary requirements for social impact assessment on a case-by-case basis.  This can take place at any stage of the pre-DA or DA process, when Council staff identify a proposal as having likely social impacts substantially more or less significant – or resulting in cumulative social impacts that are substantially more or less significant – than envisaged for that particular type of development in Table 1.  For example, the DCP controls would equip Council with the flexibility to require an applicant to submit a Comprehensive Social Impact Assessment as part of a particular development application for which Table 1 required a Social Impact Comment or did not require any social impact assessment, and vice versa.

 

The discretion to waive or vary requirements for social impact assessment rests with the Manager, Development Assessment, with consideration of recommendations made by Council staff.

 

Under the proposed DCP amendment, social impact assessments will be reviewed by Council staff once submitted as part of a development application, and recommendations to support the development application (with or without social impact mitigation measures), not support the proposal or require further analysis of the social impacts provided to the assessing officer to inform the decision making process for the application.

 

Proposed update of the Social Impact Assessment Policy

 

In the November 2014 report to Council outlining options for an LEP or DCP amendment, Council staff recommended that the proposed amendment be formulated in conjunction with the guidelines for social impact assessment being developed by Council’s Community Planning unit.  The guidelines have since been incorporated into Council’s current Social Impact Assessment Policy, and the updated Social Impact Assessment Policy (including the Social Impact Comment Initial Assessment Form) is located at Attachment 4.

 

The updated Social Impact Assessment Policy underpins the proposed DCP amendment by setting out in detail the policy rationale for social impact assessment and providing clear, step-by-step guidance to assist Council staff and applicants undertake social impact assessments in line with the proposed DCP controls.  Forms and other documents required as part of the proposed DCP social impact assessment process are included in the appendices of the updated Social Impact Assessment Policy.

 

Conclusion

 

The proposed amendment to LDCP 2008 will provide applicants with clear requirements for social impact assessment as part of applications for development, whilst also equipping Council with the discretion to waive or vary these requirements on a case-by-case basis if foreseeable social impacts are significantly more or less – or will contribute to significantly more or less cumulative social impacts – than envisaged.  Council staff recommend that Council adopt the proposed DCP amendment and proceed with public exhibition in accordance with the legislative requirements for amending the LDCP 2008.

 

Council’s updated Social Impact Assessment Policy will underpin the LDCP 2008 amendment, providing further detail and guidance on requirements for social impact assessment, as well as relevant forms and other documentation. Council staff therefore also recommend that Council adopt the updated Social Impact Assessment Policy, and place it on public exhibition in conjunction with the proposed DCP amendment.

 

Council staff will provide a further report to Council following public exhibition of the proposed DCP amendment and the updated Social Impact Assessment Policy.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

Support policies and plans that prevent crime.

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


Civic Leadership and Governance

Undertake communication practices with the community and stakeholders across a range of media.

Foster neighbourhood pride and a sense of responsibility.

Encourage the community to engage in Council initiatives and actions.

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

 

ATTACHMENTS

 

1.         Controls for Social Impact Assessment - Attachment 1 - Council s existing framework for considering social impactsView

2.         Controls for Social Impact Assessment - Attachment 2 - Previous Council resolutionsView

3.         Controls for Social Impact Assessment - Attachment 3 -  Draft DCP AmendmentView

4.         Controls for Social Impact Assessment - Attachment 4 - DRAFT Social Impact Assessment PolicyView (Under separate cover)  


203

DPG 01

Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment

Attachment 1

Controls for Social Impact Assessment - Attachment 1 - Council s existing framework for considering social impacts

 


 


205

DPG 01

Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment

Attachment 2

Controls for Social Impact Assessment - Attachment 2 - Previous Council resolutions

 


 


 


211

DPG 01

Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment

Attachment 3

Controls for Social Impact Assessment - Attachment 3 -  Draft DCP Amendment

 


 


 


 


212

Ordinary Meeting 25 March 2015

Planning and Growth Report

 

DPG 02

Draft Liverpool Local Environmental Plan 2008 (Amendment 48) - Attached Dual Occupancy of up to 200sqm for land zoned RU2 - Rural Landscape and Liverpool Development Control Plan 2008 (Draft Amendment 17)

 

Strategic Direction

Liveable Safe City

Facilitate diverse and more affordable housing options

Key Policy

Urban Development Plans

File Ref

297132.2014

Report By

Graham Matthews - Strategic Planner

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

At its meeting of 26 March 2014 Council resolved to direct planning staff to, “Prepare and submit to the NSW Department of Planning and Infrastructure a planning policy to apply to all land zoned RU2 – Rural Landscape which makes permissible with consent, development for the purpose of a dual occupancy with a maximum floor space of 200sqm. The planning proposal is to make clear that this provision is to make permissible with consent attached dual occupancy.”

 

At its meeting of 20 June 2014 Council approved Liverpool Development Control Plan (LDCP) 2008 (Draft Amendment 17), which establishes guidelines for the development of attached dual occupancies on land zoned RU2 – Rural Landscape through amendments to Part 5 of LDCP 2008.

 

The proposed rezoning was given a conditional Gateway Determination by the Department of Planning and Environment on 10 September 2014. Campbelltown City Council and the Heritage Division, Office of Environment and Heritage were consulted pursuant to the Gateway requirements.

 

On 7 November 2014 the Department of Planning and Environment issued a revised Gateway Determination which deleted a condition of the original Gateway determination. The planning proposal and draft amendment to the LDCP 2008 were placed on public exhibition from 19 November 2014 to 18 December 2014. One submission was received,

 

This report outlines the outcomes of the public authority consultation and public exhibition.

 

In line with LEP Plan Making Delegation requirements Council officers sought Parliamentary Counsel Office (PCO) opinion on the legal drafting of the amendment to LLEP 2008. The PCO has provided correspondence which supports the draft amendment (see attachment) which requires one minor amendment to the planning proposal as exhibited.

 

It is recommended that Council proceed with the making of Draft LLEP 2008 (Amendment 48) as amended by the PCO and progressing LDCP 2008 (Draft Amendment 17).

 

 

RECOMMENDATION

 

That Council:

 

1.       Proceeds to make LLEP 2008 (Amendment 48) and refers it to the NSW Department of Planning and Environment for the plan to be published on the NSW Government legislation website.

 

2.       Adopts LDCP 2008 (Amendment 17) in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000 to come into effect on the publication of the required notice in the local newspaper.

 

 

 

REPORT

 

Background

At its meeting of 23 December 2013 Council requested the preparation of a report that detailed the rationale behind the imposition of maximum dual-occupancy residential size restrictions in rural and rural-residential areas, and the merits and challenges of adjusting the maximum size in each of the rural zones and the relevant Development Control Plan.

 

At its Ordinary Meeting of 26 March 2014 Council noted the report (Planning and Growth Report GMPG07) and resolved to direct staff to:

 

Prepare and submit to the NSW Department of Planning and Infrastructure a planning proposal to apply to all land zoned RU2 Rural Landscape which makes permissible with consent, development for the purpose of a dual occupancy with a maximum gross floor area of 200sqm. The planning proposal is to make clear that this provision is to make permissible with consent attached dual occupancy.

 

At its meeting of 20 June 2014 Council approved LDCP 2008 (Draft Amendment 17), which establishes guidelines for the development of attached dual occupancies on land zoned RU2 – Rural Landscape through amendments to Part 5 of LDCP 2008.

 

A planning proposal was submitted to the Department of Planning and Environment on 6 May 2014. A Gateway Determination was issued by the Department on 10 September 2014. Following consultation with the Heritage Division, Office of Environment and Heritage, a revised Gateway Determination was issued on 7 November 2014.

 

Public Authority Consultation

The Gateway Determination issued on 10 September 2014 required Council to consult with Campbelltown City Council and the Heritage Division, Office of Environment and Heritage. The planning proposal and supporting documentation was sent to the required public authorities on 19 September 2014.

 

On 14 October 2014 Campbelltown City Council confirmed that it had no objection to the planning proposal and would not be responding to the request for consultation.

 

A letter was received from the Heritage Division on 21 October 2014 restating concerns raised in a letter to Council regarding the planning proposal dated 9 July 2014. The Heritage Division’s concern with the proposed amendment related to the St Mary the Virgin Church and Cemetery Group, an item of local heritage significance listed under LLEP 2008 which is located on land zoned RU2 – Rural Landscape in Denham Court. It is also to be noted that the Heritage Council is currently considering a nomination for the listing of the Virgin Mary Church and Cemetery Group on the State Heritage Register.

 

The Heritage Division’s concern stated that a number of smaller allotments adjoin the St Mary Church and Cemetery group, and that:

 

An increase in the permissible gross floor area of a secondary dwelling from 60sqm to 200sqm, particularly within the vicinity of the St Mary the Virgin Church and Cemetery Group site and opposite Denham Court [a state listed heritage item situated in Campbelltown LGA on Campbelltown Road], will significantly increase the housing density and built form character of the landscape, having the high potential to erode and undermine the unique rural landscape character and the visual curtilage of both heritage items.

 

The Heritage Division requested that,

 

If Council decides to pursue these amendments to LLEP 2008, the Heritage Division recommends that Council implements a mechanism to protect and preserve the rural landscape and its attributes, particularly within the vicinity of the heritage items, such as retention of the existing gross floor area of 60sqm for secondary dwellings or excluding secondary dwellings on land below a certain land size to effectively exclude allotments surrounding the Virgin Church and Cemetery Group.

 

On 24 October 2014 Council wrote to NSW Planning and Environment, noting that the response from the Heritage Division raised concerns regarding ‘land below a certain land size’, which the Heritage Division has failed to quantify in terms of a minimum lot size, despite Council’s request of them to do so. Council requested the issuing of a revised Gateway Determination which clarified how Council should proceed.

 

On 7 November 2014 Council received a revised Gateway Determination from NSW Planning and Environment which deleted the following requirement:

 

1.   Before the planning proposal is placed on exhibition, Council is to:

·    Include provisions to preserve the rural landscape and its attributes in and around the vicinity of heritage items such as retention of the existing gross floor area of 60sqm for secondary dwellings or excluding secondary dwellings on land below a certain size in consultation with the Heritage Division, Office of Environment and Heritage.

 

While Council has therefore consulted with the Heritage Division as required by the Gateway determination and has considered and responded to the comments provided by the Heritage Division, Council is no longer required to amend the planning proposal in consultation with the Heritage Division. The planning proposal therefore remains substantially unaltered from that which received a Gateway Determination on 10 September 2014.

 

Public Exhibition Summary

Draft LLEP 2008 (Amendment 48) and LDCP 2008 (Draft Amendment 17) were publicly exhibited jointly between 19 November and 18 December 2014 in accordance with Clause 57 of the Environmental Planning and Assessment Act 1979. An exhibition period of 28 days was required pursuant to Clause 18 of the Environmental Planning and Assessment Regulation 2000. Council received one submission regarding the planning proposal. The submission raised two issues pursuant to the planning proposal, which was to argue for:

·    The retention of the permissibility of detached dual occupancies within RU2 – Rural Landscape zone, and;

·    Increasing the permissible maximum gross floor area of a dual occupancy on RU2 – Rural Landscape zoned land to an area greater than 200sqm.

 

The issues are addressed in Table 1 below.

 

Submission No.

Issues Raised

Comment

1

1. Retain the permissibility of detached dual occupancies within RU2 – Rural Landscape zone

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Increase the permissible maximum gross floor area of a dual occupancy on RU2 – Rural Landscape zoned land to an area greater than 200sqm.

 

 

1. Permitting detached dual occupancies of up to 200sqm in area within RU2 – Rural Landscape zone, would contradict the intention of the planning proposal. The intent of the planning proposal is to mitigate the bulk and scale and visual impact of dual occupancies by requiring them to be attached dwellings under the same roofline.

 

The potential impact of larger detached dual occupancies on the existing heritage items within the Denham Court area has also not been considered, and would potentially require further consultation with the Heritage Office.

 

For the reasons outlined above, the retention of the permissibility of detached dual occupancies within RU2 – Rural Landscape zone is not supported.

 

2. Increasing the permissible maximum gross floor area of a dual occupancy on RU2 – Rural Landscape zoned land to an area greater than 200sqm, is not supported. It is noted that the planning proposal proposes an increase to the maximum gross floor area of a dual occupancy on RU2 – Rural Landscape zoned land (from 60sqm to 200sqm).

 

The intent of the proposal is to minimise the cumulative impact of dual occupancy dwellings and maintain the rural character of the RU2 zoned land by limiting secondary dwellings to a maximum gross floor area of 200sqm which is adequate floor area for the development of an attached dual occupancy.

Table 1: Response to community consultation

 

Parliamentary Counsel Opinion

In line with the LEP Plan Making Delegation requirements Council officers sought Parliamentary Counsel Office opinion on the legal drafting of the amendment to LLEP 2008. PCO provided an opinion dated 6 February 2015 (see attachment) which required one minor amendment to be made to the planning proposal as exhibited, as follows:

 

·    To amend Liverpool Local Environmental Plan 2008, Clause 7.10(2) – Minimum lot size for dual occupancies in rural zones by replacing “RU2 Rural Landscape or RU4 Primary Production Small Lots” with “or Zone RU4 Primary Production Small Lots, or a dual occupancy (attached) on land in Zone RU2 Rural Landscape”.

The required amendment does not alter the application of the planning proposal in any way, but further clarifies the intended outcome of making dual occupancies (attached) of up to 200sqm permissible on land zoned RU2 – Rural Landscape.

 

Conclusion

Draft LLEP 2008 (Amendment 48) seeks to make attached dual occupancies of up to 200sqm permissible on land zoned RU2 – Rural Landscape. The draft amendment was forwarded to public authorities for comment and exhibited in line with the requirements of the Gateway determination.

 

One submission was received during the public exhibition. It is requested that Council consider increasing the size of the permissible dual occupancy, and that it permit detached dual occupancy. As addressed in Table 1 above, the proposed changes suggested would contradict the intent of the planning proposal and are not supported. It is therefore recommended that Council proceed with the making of Draft LLEP 2008 (Amendment 48), as amended by Parliamentary Counsel Office.

 

LDCP 2008 (Draft Amendment 17) is ancillary to the LEP amendment and amends Part 5 of LDCP 2008 to provide guidelines for the development of dual occupancies (attached) of up to 200sqm on land zoned RU2 – Rural Landscape. It is recommended that LDCP 2008 (Draft Amendment 17) is adopted by Council to come into effect on the publication of a notice in the local newspaper.

 

 

CONSIDERATIONS

 

Economic and Financial

Facilitate economic development.

Environmental and Sustainability

Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Final Planning Proposal for LLEP 2008 (Amendment 48)View (Under separate cover)  


218

Ordinary Meeting 25 March 2015

Planning and Growth Report

 

DPG 03

Liverpool Development Control Plan 2008 Draft Amendment 21 - Notifications relating to Single Dwelling Developments and Section 96 Modifications

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

043550.2015

Report By

Ash Chand - Executive Planner

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

Council officers have identified necessary minor amendments to the Liverpool Development Control Plan (DCP) 2008. These amendments relate specifically to Section 18 Notification of Application of Part 1 the Liverpool DCP. This proposed amendment is deemed necessary for orderly and efficient use of the DCP.

 

It is recommended that Council publicly exhibit these amendments to the DCP and consider a future report into the outcomes of the public consultation.

 

RECOMMENDATION

 

That Council:

 

1.   Publicly exhibits Amendment 21 to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979 to facilitate the changes to Part 1 outlined in this report.

 

2.   Receives a further report following the public exhibition period.

 

REPORT

 

Background

Council adopted changes to the DCP at the meeting of 20 June 2014 and these came into effect on 2 July 2014. These changes were designed to reduce delays associated with unnecessary notification for development in appropriately zoned areas and meant that notification was not required for:

·  Single dwelling applications; and

·  Residential Flat Buildings in the CBD.

 

In the instances of applications for single dwellings, the amendment provided for no notification except where a variation is greater than 10% (Table 10, Level of Notification or Advertising).

 

However this has burdened the notification process, where for example, a variation from 4m to 3.5m to a rear boundary setback has to be notified even though this may be considered not significant.

 

In the instance of Section 96 applications, the amendment specifically required Section 96 modifications to existing approvals for Residential Flat Buildings to be notified as follows under Section 18.5 (Section 96 Applications):

 

When Council receives a Section 96 application, notification or advertising will be in accordance with the below categories:

 

·  Section 96 (1) - No Notification

·  Section 96(1) (A) – No notification if the impact of the development is being reduced or if the modifications are internal, otherwise Notify or Advertise as per the original application.

·  Section 96 (2) - No notification if impact is being reduced or the modifications are internal; or otherwise Notify or Advertise as per the original application.

·  Section 96AA – No notification if the impact of the development is being reduced or if the modifications are internal, otherwise Notify or Advertise as per the original application.

 

This has resulted in the anomaly where minor, aesthetic modifications to existing approvals for Residential Flat Buildings are subject to the delays of a notification process, whereas new applications of equal or even greater intensity are not.

 

To avoid notification of minor applications as outlined above, Council officers are presently relying on the exemption provision under Section 18.3, Clause 8, which should only be used in extenuating circumstances. The proposed amendment corrects the deficiency in the current process by providing a clear and efficient framework for Council officers to determine such applications.

 

Proposed amendment

In line with the aforementioned, the following amendments are proposed for the Liverpool Development Control Plan (DCP) 2008:

 

1.       Section 18.1 under, Table 10 Level of Notification or Advertising amended to read,

Land use or purpose

 

Dwelling houses

 

 

2.       Section 18.3 under Clause 7 amended to read,

Dwelling houses – including all alterations to existing dwellings, no notification as long as the application complies with:

·    Maximum Height;

·    Maximum FSR;

·    The requirement for no first floor rear balconies (unless overlooking public open space)

 

Variance of DCP controls does not require notification if the development does not detrimentally impact upon the amenity of the area and does not intensify the existing land use.

 

3.       Section 18.5 amended to read,

 

·    Section 96 (1) - No Notification

·    Section 96(1) (A) – No notification if the impact of the development is being reduced or if the modifications are internal.

·    Section 96 (2) - No notification if impact is being reduced or the modifications are internal.

·    Section 96AA – No notification if the impact of the development is being reduced or if the modifications are internal.

 

These amendments are shown in Attachment 1 – tracked changes.

 

Conclusion

The DCP is seen as a working document where regular reviews and amendments are required to keep the document up to date and concise. Draft Amendment No 21 seeks to promote the orderly and efficient use the DCP in respect to notification of applications.

 

It is proposed that the draft changes to the DCP be publically exhibited and a further report be prepared reporting on the feedback received. It is recommended that Council publicly exhibit the proposed amendments to the DCP in accordance with Section 74C of the Environmental Planning and Assessment Act 1979.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Tracked Changes to Part 1 of Liverpool DCP 2008View  


221

DPG 03

Liverpool Development Control Plan 2008 Draft Amendment 21 - Notifications relating to Single Dwelling Developments and Section 96 Modifications

Attachment 1

Tracked Changes to Part 1 of Liverpool DCP 2008

 


 


 


 


 


 


 


 


 


230

Ordinary Meeting 25 March 2015

Planning and Growth Report

 

DPG 04

Liverpool Design Excellence Panel (LDEP)

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

048281.2015

Report By

Lina Kakish - Manager Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

The Design Review Panel (DRP) was established by Liverpool City Council to examine and evaluate design aspects of proposed major development such as residential flat buildings. Since its establishment, the DRP convenes on a monthly basis and has been instrumental in providing expert advice on Development Applications.

 

The primary function of the DRP is to provide Council officers with high level independent expert advice and expertise on urban design, architecture, landscape architecture and sustainability. The advice seeks to inform the assessment by Council officers of development applications with a view to promoting the delivery of highest quality urban design, architecture, and sustainable and inclusive design for Liverpool’s buildings and public spaces. The advice is to inform the assessment process only. It is not the purpose of the Panel to have any role in the process of determination of development applications.

 

Background

 

At its meeting on 25 June 2012 Council resolved that:

 

1.   Council Endorses the Design Review Panel Charter.

2.   Seeks expressions of Interest from suitably qualified industry representatives to become members of Liverpool City Council’s Design Review Panel for a three year period.

3.   Receives a further report to assess the expressions of interest received and endorse Panel members.

 

An Expression of Interest seeking members of Liverpool Design Review Panel in accordance with Council’s resolution of June 2012 has not taken place.

 

The current Design Review Panel members have been providing advice to Council since 2008.

 

 

 

Design Excellence Panel

 

This report seeks to redefine the scope and purpose of the existing DRP through the establishment of a Design Excellence Panel (DEP).  A DEP is a modern and well-tested method of influencing architectural designers to produce the highest quality architecture with a vision for the city and will provide valuable advice to ensure the best outcomes for Liverpool as part of the development application process. A DEP can also provide Council officers with guidance for improvements in the establishment and review of environmental planning instruments (i.e. Local Environmental Plans and Development Controls Plans) and advocate where a departure from planning controls results in a superior outcome.

 

The DEP be an experienced panel established in accordance with the requirements of the State Environmental Planning Policy No. 65 (SEPP 65) which details the requirements for such a Panel. The Panel will consist of a chairperson who will be member from the Government Architects Office and three other members who will be expert architects and urban designers. All Panel members will have a sound level of practical experience and the ability to communicate succinctly and provide practical critiques. 

 

RECOMMENDATION

 

That Council:

 

1.       Endorses the draft Design Excellence Panel Charter and Procedure attached to this report.

 

2.       Seeks expressions of interest from suitably qualified industry representatives to become members of Liverpool Design Excellence Panel for a two year period.

 

3.       Receives a further report to assess the expressions of interest received and endorse the Panel members.

 

 

 

REPORT

 

Purpose

 

The DEP will contribute to the understanding of design quality for Council officers and the public which will improve the achievement of design quality principles for development.

 

The purpose of the DEP is to provide expert advice on applications, planning proposals or policies relating to major commercial and residential development within the Liverpool Local Government Area early in the design process and where possible, prior to the lodgment of a relevant development application.

 

The attached draft DEP Charter and Procedure establishes the purpose, terms and conditions of office and procedures for the Liverpool DEP.


 

Functions

 

The Panel is an advisory group and not a decision-making body.

 

The role of the DEP is to thoroughly examine, evaluate and comment upon the design aspect of proposals for major development within the Liverpool Local Government Area prior to the lodgement of relevant development applications, or, where appropriate; following development application lodgement with Council.

 

The DEP will provide advice to potential applicants and their professional consultants of actions that could be taken to improve the quality of the design of development proposals and comment on strategic planning documents relative to the urban design issues of a proposal.

 

Scope

              

The DEP will provide expert and independent advice on the following types of development:

 

(a)  All residential flat buildings;

(b)  Medium density developments of thirty (30) units or more;

(c)  New commercial buildings within the Liverpool City Centre over three storeys;

(d)  New buildings or major extensions to existing development within commercial zones (being B1, B2, B3, B4 and B5 zones);

(e)  New buildings for a place of public worship; and

(f)   Any development for a new building or major  extensions to existing development (except for low density residential development) adjacent to the Georges River or environmentally sensitive land or vegetation.

 

Conclusion

 

This report seeks to redefine the scope and purpose of the Panel through the attached draft DEP Charter and Procedure.

 

The establishment of a DEP is focused on the delivery of the highest quality urban design, architecture and sustainable and inclusive design for Liverpool’s buildings and public spaces; and will play a crucial role in delivering these outcomes as part of Council’s City Centre revitalisation strategy including the establishment of linkages between the City Centre and the Georges River.

 

The DEP will encourage quality development in the growth of Liverpool as a Regional City through promotion of best practice in urban design by connecting with the development industry through succinct communication and practical critiques. It is envisaged that the advice provided by the Panel will help guide Council officers and will be valued by Council,  the development industry and the general community.

 

It is recommended that the attached DEP Charter and Procedure be endorsed and Council proceed with seeking expressions of interest from suitably qualified industry representatives for membership of Liverpool City Council’s DEP.

 

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.


Social and Cultural

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


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Liverpool Design Excellence Panel Draft Charter and ProcedureView

2.         Council report of 25 June 2012View