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

Business Paper

 

 

 

 

Council Agenda

 

 

 

 

 

 

 

 

Ordinary Council Meeting

29 July 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, 29 July 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 17 June 2015................................................................... 10

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NOM 01          Waiving Fees for Storage for not for profit groups ........................................ 71......... 1

NOM 02          Place Manager Carnes Hill............................................................................. 73......... 2

NOM 03          Advocating changes to State Environmental Planning Policy (Affordable Rental Housing) 2009................................................................................................................ 76......... 3

NOM 04          Publication of Mayor and Deputy Mayor Messages in Foreign Language Media      78 4

NOM 05          Youth Unemployment..................................................................................... 80......... 5

NOM 06          Jobskills Workshops for Baby Boomers......................................................... 82......... 6

NOM 07          Orthodox Interfaith Lunch - Saint Ilija Day 2 August 2015............................. 84......... 7

NOM 08          Roads & Development.................................................................................... 86......... 8

NOM 09          Trooper Lu's Garage Community Open Day................................................. 88......... 9

NOM 10          Sydney P.A.C. Fest 2015............................................................................... 90....... 10

NOM 11          Miracle Babies................................................................................................ 92....... 11

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

IHAP 01          DA-1136/2014 - Torrens title subdivision of one lot into eight lots at 10 Nader Place, Horningsea Park............................................................................................. 94....... 12

IHAP 02          DA-964/2014 - Torrens title subdivision of two lots into 22 residential lots with associated road construction and drainage works. ........................................................ 103....... 13

IHAP 03          DA-1059/2013 - Torrens title subdivision of two existing lots into four lots, alterations and additions to the existing single storey dwelling on 60 Passefield Street, demolition of existing dwelling and construction of a new dwelling on 62 Passefield Street; and construction of a new dwelling on proposed 60a and 60b Passefield Street, Liverpool 111                                                                                                                         14

Development Application Determination Report

NIL

Chief Executive Officer Report

NIL

Business Improvement Report

DBI 01            Community Performance Report
4th Quarter Jun 2015.................................................................................... 118....... 15

Chief Financial Officer

CFO 01           Borrowing to Refinance Existing Loan......................................................... 120....... 16

CFO 02           Report on Progress of Policy Review (Red Tape Reduction) Project......... 122....... 17

CFO 03           Review of Ethical Governance: Conflicts of Interest Policy........................ 129....... 18

CFO 04           Review of Code of Conduct and Code of Conduct Procedures.................. 131....... 19

CFO 05           Review of Legal Services Policy.................................................................. 133....... 20

CFO 06           Review of the Civic Expenses and Facilities Policy..................................... 144....... 21

CFO 07           Local Government NSW Annual Conference.............................................. 165....... 22

CFO 08           Investment Report June 2015...................................................................... 170....... 23

CFO 09           Reimbursement of Goods & Services Tax (GST) - Councils Class Court Action    179 24

City Presentation Report

NIL

Community and Culture Report

DCC 01          Donations, Grants and Sponsorships........................................................... 183....... 25

DCC 02          Draft Grants and Donations Policy............................................................... 196....... 26

DCC 03          South West Sydney Academy of Sport Review of Contribution Request... 205....... 27

DCC 04          Liverpool Sports Committee Charter............................................................ 213....... 28

Economy and Engagement Report

DEE 01           Report on the Live At The Mall Activation Program..................................... 225....... 29

Infrastructure and Environment Report

DIEN 01          Liverpool Pioneers' Memorial Park Interpretive Signage Strategy.............. 245....... 30

DIEN 02          Speaking 4 the Planet (S4P) Event.............................................................. 251....... 31

Planning and Growth Report

DPG 01          Proposed amendment to the Liverpool Local Environmental Plan 2008 - Rezoning of land at 2140 Camden Valley Way, Edmondson Park.......................................... 255....... 32

DPG 02          Proposal to rezone 77-83 Moore and 193 Macquarie Streets and 165 Macquarie Street from B3 - Commercial Core to B4 - Mixed Use........................................... 266....... 33

DPG 03          Bigge Park Draft Conservation Management Plan...................................... 279....... 34

DPG 04          Proposal to amend Part 2.11 of Liverpool Development Control Plan 2008 to remove reference to Edmondson Park South (Draft Amendment 18)..................... 287....... 35

DPG 05          Comprehensive Review of Liverpool Local Environmental Plan 2008........ 291....... 36

Property and Commercial Development Report

NIL

Committee Reports

CTTE 01         Minutes Aboriginal Consultative Committee Meeting held on the 3 June 2015        301 37

CTTE 02         Minutes of the No Intermodal Committee meeting held on 2 June 2015..... 309....... 38

CTTE 03         Minutes of the Warwick Farm Steering Committee meeting held on 2 June 2015  319 39

CTTE 04         Minutes of Building Our New City Committee meeting held 3 June 2015... 324....... 40

CTTE 05         Minutes of Economic Development and Events Committee meeting held 3 June 2015                                                                                                                       329....... 41

CTTE 06         Minutes of Committee for Liverpool Meeting held 25 May 2015................. 336....... 42

CTTE 07         Minutes of Heritage Advisory Committee Meeting held on 1 June 2015..... 343....... 43

CTTE 08         Minutes of the Liverpool Youth Council held on 2 June 2015 and Minutes of the Liverpool Youth Council held on 7 July 2015............................................................... 349....... 44

CTTE 09         Minutes of the Budget and Finance Committee held on 1 July 2015.......... 362....... 45

CTTE 10         Minutes of Planning and Development Committee Meeting held 3 June 2015 367    46

CTTE 11         Minutes of Liverpool Access Committee Meeting held on 14 May, 2015 and Minutes of Liverpool Access Committee Meeting held on 11 June, 2015..................... 381....... 47

Questions with Notice

QWN 01         Question with Notice - Clr Stanley................................................................ 395....... 48

QWN 02         Question with Notice - Clr Hadchiti............................................................... 412....... 49

QWN 03         Question with Notice - Clr Stanley................................................................ 413....... 50  

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   Community Representation - Liverpool Council's Economic Development and Events Committee

Reason:     Item CONF 01 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 02   Appointment of Community and Industry Representatives to the Environment Advisory Committee (EAC)

Reason:     Item CONF 02 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 03   Acquisition of Lot 1104 DP 2475, 75 Fifth Avenue, Austral, for open space purposes

Reason:     Item CONF 03 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 04   Proposed easement for underground electricity cables over Lot 1 and 2 DP 1069920 and Lot 1 DP 239334, Sydney Road, Warwick Farm, known as 'Military Reserve'

Reason:     Item CONF 04 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 05   Tender WT2443 - Construction of City Centre Trunk Drainage Works Elizabeth Street between George and College Streets, Liverpool

Reason:     Item CONF 05 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

CONF 06   Proposed Easement for Underground Cables over Lots 15 & 16 in DP1129945 known as Light Horse Park in Liverpool, Lot 13 in DP247485 known as Mill Park in Liverpool and Lot 11 in DP881265 known as Helles Park in Moorebank.

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   RCL2452 Trade Services - Steel Fabricataion, Fencing, Glazing

Reason:     Item CONF 07 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

CONF 08   Tender WT2463 - Lift Renewal Works at 33 Moore Street, Liverpool

Reason:     Item CONF 08 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

 

 
CONF 09   Tender WT2462 - Mechanical Services Replacement Works at 33 Moore Street, Liverpool

Reason:     Item CONF 09 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

CONF 10   Tender RCL2327 - Horticultural Materials and Parks Services

Reason:     Item CONF 10 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.

 

CONF 11   Tender ST2442 - Acceptance and Disposal of Waste

Reason:     Item CONF 11 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.  

 

CONF 12   Tender WT2448 - Report for the Construction of the Macquarie Mall Revitalisation

Reason:     Item CONF 12 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. (To be provided in Confidential Addendum Booklet)

 

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10

 

 

 

 

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 17 June 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 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 5.02pm.

 

 

OPENING                              5.02pm

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

APOLOGIES                         Nil

CONDOLENCES                Nil

 

Confirmation of Minutes

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Mamone

 

That the minutes of the Ordinary Meeting held on 26 May 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 Hadchiti declared a pecuniary interest in the following item:

 

Item CONF 06:            Key Sites Master Planning Steering Committee Minutes from Meeting held 2 June 2015

Reason:                       Clr Hadchiti represents a land owner in the precinct referred to in Item 6/15 (CBD South Master Plan) of the Committee Minutes.

 

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

 

 

Clr Stanley declared a pecuniary interest in the following item:

  

Mayoral Minute:          Hazel Bradshaw Park & Tharawal Park

Reason:                       Clr Stanley owns property in the are of the parks discussed in the Mayoral Minute.

 

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

 

 

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

 

Item IHAP 02:              DA-299/2014 - Torrens title subdivision creating 14 residential lots and associated drainage and roads works

Reason:                       The applicant is a surveyor and Mayor Mannoun uses his service sparsely

 

Mayor Mannoun remained in the Chambers for the duration of the item.

 

 

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

 

Item CONF 11              Contract Dispute - Former Staff Member

Reason:                       The former staff member referred to in the report is a member of the Liberal Party.

 

Clr Hadid left the Chambers during this item and was not present for the vote on the matter.

Public Forum

Presentation – Items not on agenda

 

1.    Heather McKenna addressed the Council on the following matter:

 

Toilet installation at Wattle Grove Lake

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Mamone

 

That a two minute extension of time be given to Heather McKenna.

 

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

 

2.    Peter Savidis addressed the Council on the following matter:

 

Toilet installation at Wattle Grove Lake

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadid

 

That a two minute extension of time be given to Peter Savidis.

 

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

 

3.    Jennifer French addressed Council on the following matter:

 

Proposed Moorebank Intermodal

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Shelton

 

That a two minute extension of time be given to Jennifer French.

 

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

 

4.    George Tsakonas addressed Council on the following matter:   

 

Draft Liverpool Local Environmental Plan 2008 (Amendment No. 38) - Proposed reclassification and / or rezoning of public land in Casula, Chipping Norton, Moorebank, Lurnea, Liverpool, Moorebank, Middleton Grange & Prestons

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

 

That a two minute extension of time be given to George Tsakonas.

 

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

         

 

Representation – Items on agenda

 

1.    James Young addressed Council on the following item:

 

Item DPG 02: Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That a two minute extension of time be given to James Young.

 

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

 

2.    Gill Sukhpreet addressed Council on the following item:

 

Item DPG 02: Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

3.    Simon Nesbitt on behalf of Bhim Sing Chouhan addressed Council on the following item:

 

Item DPG 02: Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That a two minute extension of time be given to Simon Nesbitt.

 

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

 

4.    Gerrard Turrisi from GAT & Associates addressed Council on the following item:

 

Item DPG 02: Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Harle

 

That a two minute extension of time be given to Gerrard Turrisi.

 

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

 

 

5.    Wesley Dose from Woolworths addressed Council on the following item:

 

Item DPG 02: Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

6.    Tony Dimasi from MacroPlan Dimasi addressed Council on the following item:

 

Item DPG 02: Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

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

 

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

 

7.    Michael Cullen from Urbacity (consulting for Urban Growth NSW) addressed Council on the following item:

 

Item DPG 02: Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That a two minute extension of time be given to Michael Cullen.

 

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

 

Mayor Mannoun left the Chambers and the Deputy Mayor, Clr Balloot took the Chair at 5.59pm.

Mayor Mannoun returned to the Chambers at 6.01pm.

 

8.    Peter Leyshon from Leyshon Consulting addressed Council on the following item:

 

Item DPG 02: Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That a two minute extension of time be given to Peter Layshon.

 

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

9.    Donna Savage from Urban Growth NSW addressed Council on the following item:

 

Item DPG 02: Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That a two minute extension of time be given to Donna Savage.

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

 


 

Mayoral Minute

 

SUBJECT: Lennon Maher

 

Year 1 student from Wattle Grove, Lennon Maher, has pledged to walk 3.8km home from school once a week for an entire school term to raise money for the ChildFund Australia Dream Bike Appeal.

 

The six year-old took a practice walk from school to home before making the pledge which took approximately 1 hour and 1 minute. Lennon stated on Just Giving, a charity fundraising website, that there are many kids in other areas that have to walk longer distances.

 

The ChildFund Australia Dream Bike Appeal is an appeal aimed at donating bicycles to children who live far away from school.

 

At the end of the 10 week school term, it is estimated that Lennon will have walked 38km.

 

Lennon is a remarkable young person who has also previously sold his toys online which raised $300 to go towards the Kmart wishing tree.

 

RECOMMENDATION:

 

That Council:

 

  1. Commemorate Lennon Maher for his pledge to raise money for the ChildFund Australia Dream Bike Appeal and his methods of raising the funds.

 

  1. Donate $1000 towards Lennon Maher’s pledge to raise money for the ChildFund Australia Dream Bike Appeal.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 

 


 

 

Mayoral Minute

 

SUBJECT: Moorebank Intermodal Terminal

                     

On the 3rd June 2015, the Federal Government’s Moorebank Intermodal Company (MIC) signed an agreement with the Sydney Intermodal Terminal Alliance (SIMTA) for the development of the Moorebank Intermodal Terminal.

The agreement will see SIMTA develop and operate the intermodal freight terminal and warehousing across both Commonwealth and SIMTA-owned land at Moorebank, with direct rail access to Port Botany via the Southern Sydney Freight Line. The current parallel MIC and SIMTA proposals will now combine into a single development.   The facility is being designed to handle up to 1.5 million containers a year in total, comprised of an import-export terminal to handle up to 1.05 million containers a year plus a separate interstate terminal that will ultimately have capacity for up to 500,000 containers a year. However, in media coverage there has been discussion about ‘2 million’ containers.  The proposed warehousing to support the terminal is currently 600,000 m2, however there has been discussion about this increasing to 800,000 m2, together with suggestions by the MIC CEO that there should be no ‘cap’ on the terminal operations.

The SIMTA EIS together with the MIC response to submissions made on their earlier EIS are currently on exhibition until 26 June 2015.  Council encourages members of the community to make submissions on the proposal, and has engaged a consultant to prepare a detailed submission on behalf of Council.

The intermodal terminal proposed for Moorebank will significantly impact the Liverpool area and expose the local members of the community to significant traffic, air quality and noise impacts and potential health risks. The development of the intermodal threatens the quality and life of local residents and impedes the orderly land use planning for Moorebank. This development conflicts with Council’s and the community’s vision for the river as a residential lifestyle precinct taking advantage of all the amenity and recreational opportunities that a riverside location offers.   With the relocation of the Defence operations, the site offers tremendous potential for the regeneration of Moorebank as a mixed use precinct.

 

The proposed intermodal site provides real opportunities for alternative development offering a mix of housing and jobs in line with Council’s vision for Moorebank as an urban renewal area that offers a quality of life, environmental amenity and sustainably planned land uses.  Council is currently undertaking master planning of the Georges River precinct north of the M5 to deliver this vision and already one landowner has lodged significant planning proposal to progress the transformation of industrial land into a premium residential environment.  

 

The proposed intermodal puts Council’s vision in jeopardy.  Some of the adverse impacts of the intermodal terminal operation will include:

 

 

  • Increased congestion on the local road network,
  • Increased heavy vehicle movements on local roads - 10,000 extra trucks a day,
  • Increased pollution from diesel particulates,
  • Increased noise and visual impacts from the 24 hour operation of the site – 42 freight trains a day, and
  • Lost opportunity to develop the site sustainably to provide a mix of housing and employment.

 

Council recognises that Sydney’s growth requires more intermodal facilities and supports the need for a new intermodal, but not in this location.  The Badgerys Creek airport presents a real opportunity to rethink this decision and plan for the intermodal next to the new airport in a purpose built site ideally located next to an international airport and transport infrastructure, without the negative impacts on the local community that the Moorebank proposal will represent.  These impacts at Moorebank cannot be effectively mitigated.

 

Council’s continuing campaign against the development of the Moorebank intermodal includes the following current and proposed actions:

 

  • Preparation of a formal submission on current exhibition of the SIMTA EIS;
  • Proposed placement of billboard messages at the M5/Moorebank overpass and the Whitlam Centre on Hume Highway;
  • A community information and feedback campaign on Liverpool Listens;
  • A social media campaign on Facebook,
  • Encouraging residents to make submissions during the current exhibition of the SIMTA EIS;
  • A proposed mail out to Liverpool households in the most affected areas; and
  • Media opportunities, including print, radio, and television.  (Note half page ads ran in local papers today 17 June 2015).

 

RECOMMENDATION:

 

That Council:

 

  1. Writes to State and Federal representatives and relevant ministers making clear Council’s concerns about the adverse impacts of an intermodal at Moorebank, particularly on the local road network and local residents.

 

  1. Seeks further opportunities to engage directly with State and Federal Ministers on the proposed intermodal.

 

  1. Continues to pursue all avenues of communication to publicise Council’s opposition to the intermodal, and to encourage the public to voice their concerns.

 

  1. Approves the proposed mail-out and placement of billboard messages at an estimated cost of $60,000 to be funded from the approved no intermodal funds in the 2015/16 budget. 

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That Council:

 

  1. Writes to State and Federal representatives and relevant ministers making clear Council’s concerns about the adverse impacts of an intermodal at Moorebank, particularly on the local road network and local residents.

 

  1. Seeks further opportunities to engage directly with State and Federal Ministers on the proposed intermodal.

 

  1. Continues to pursue all avenues of communication to publicise Council’s opposition to the intermodal, and to encourage the public to voice their concerns.

 

  1. Approves the proposed mail-out and placement of billboard messages at an estimated cost of $60,000 to be funded from the approved no intermodal funds in the 2015/16 budget. 

 

  1. Notes the significant noise impacts on Glenfield House and other residents of Casula due to the 24/7 operation of the Southern Sydney freight line.

 

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

 

 


 

Clr Stanley left the Chambers at 6.26pm.

 

Mayoral Minute

 

Subject: Hazel Bradshaw Park & Tharawal Park

 

Council recently identified parcels of community land that may have been considered suitable for potential reclassification and alternative uses. To date, Council has not made any final decisions and is undertaking a consultative approach before a decision is made on the parcels of community land.

 

Small pocket parks can cost more to maintain and tend to be less well used than larger parks. Other matters which are seen as problematic are issues such as loitering, noise and rubbish.

 

Over the last two weeks, there has been a strong response from the community in relation to two of the pocket parks identified. The communities surrounding Hazel Bradshaw Park on Deerwood Avenue and Tharawal Park on Anjudy Close, Casula have made it very clear how much they value those spaces and are strongly opposed to any part or full reclassification of those spaces for alternative uses.

 

On the basis of the input provided by the two communities and the strong message conveyed, I am recommending that Hazel Bradshaw Park and Tharawal Park shall remain as community parks also referred to as pocket parks. 

 

Another clear message that was heard was that previously our residents enjoyed the park equipment that was located at those parks. Council should also make plans for upgrading the parks and installing play equipment in Hazel Bradshaw Park and Tharawal Park. 

 

In addition to the contents of the Mayoral Minute, Council is to examine and report on the feasibility of removing Hannan Park, 12A Brian Avenue Casula and McCarty Park, 124A Wonga Road, Lurnea from the list of parcels of community land currently under consideration.

 

RECOMMENDATION:

 

That Council:

 

  1. Removes Hazel Bradshaw Park, Deerwood Avenue from the list of community land being considered for potential reclassification and alternative uses and remain as a park for the enjoyment of the community.

 

  1. Removes Tharawal Park, Anjudy Close, Casula from the list of community land being considered for potential reclassification and alternative uses, and remain as a park for the enjoyment of the community.

 

  1. Makes plans for upgrading and installing park equipment in Hazel Bradshaw Park and Tharawal Park after community consultation.

 

  1. Consults with the community prior to any future Gateway applications on pocket parks.

 

  1. Considers multilingual communications when consulting with the community in relation to pocket park reclassifications.

 

  1. Considers and reports to a briefing session on removing Hannan Park and McCarty Park from the list of parcels of community land currently under consideration.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 

Clr Stanley returned to the Chambers at 6.37pm.

 

MOTION TO BRING ITEM FORWARD

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Waller

 

That item DPG 02 - Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre be brought forward and dealt with now.

 

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

 

 


23

ITEM NO:      DPG 02

FILE NO:        136598.2015

SUBJECT:     Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre

 

RECOMMENDATION

 

That Council:

 

1.   Supports the Planning Proposal and writes to the Minister of Planning pursuant to clause 59(1) of the Environmental Planning and Assessment Act 1979 to request that the Minister determine that Draft Liverpool Local Environmental Plan 2008 Amendment No. 31 be made.

 

2.   Writes to the proponents informing them of Council’s decision.

 

3.   Writes to the parties that made a submission informing them of Council’s decision.

 

4.   Provides in principle support for and delegates the CEO the authority to enter into a   Voluntary Planning Agreement to facilitate additional community benefits for the Prestons local area prior to the lodgement of a Development Application for the proposal.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

 

That Council:

 

1.    Writes to the Minister of Planning pursuant to clause 58(4) of the Environmental Planning and Assessment Act 1979 and request that the Minister determine that the matter not proceed.

 

2.    Writes to the proponent informing them of Council’s decision.

 

3.    Writes to the parties that made a submission informing them of Council’s decision.

 

4.    Includes the following reasons for this decision in the above correspondence:

 

4.1   The adverse economic impact of the proposal on the existing local centre at Prestons Village may threaten the viability of the centre.  

 

4.2   The adverse economic impact of the proposal on the future Edmondson Park Town Centre may delay the development of the site and impact the overall development of Edmondson Park.

 

4.3   There is appropriately zoned land available at both Carnes Hill and Edmondson Park where a supermarket would be better situated.

 

4.4   It is considered the local community has adequate access to existing and future full line supermarkets, including Carnes Hill, Edmondson Park and Casula.

 

4.5   The proposal is out-of-centre development which, if approved, would have the potential to undermine achievement of the Council’s and the State’s planning strategies.

 

4.6   Approval of this centre in such close proximity to an established centre is contrary to good planning principles.

 

4.7   The proponent's Economic Impact Assessment understates the Primary Trade Area, the level of trading and the impacts of the proposed centre.

 

4.8   The existing proposal goes against our retail hierarchy.

 

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

 

Councillors voted unanimously for this motion


23

Independent Hearing and Assessment Panel Report

ITEM NO:      IHAP 01

FILE NO:        130844.2015

SUBJECT:     DA-986/2014 - Construction of 18 detached dwellings and Community title subdivision on proposed development Lots 3, 6 and 9 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985 within the former New Brighton Golf Course

 

RECOMMENDATION

 

That Council approves Development Application DA-986/2014, subject to the recommended conditions of consent attached to the Council officer’s IHAP report attached.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


25

ITEM NO:      IHAP 02

FILE NO:        131436.2015

SUBJECT:     DA-299/2014 - Torrens title subdivision creating 14 residential lots and associated drainage and roads works

 

RECOMMENDATION

 

That Council approves DA-299/2014 for Torrens title subdivision creating 14 residential lots and         associated drainage and road works.  

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That the recommendation be adopted.

 

Vote for:                                 Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

          Clr Harle

Clr Mamone

Clr Ristevski

Clr Shelton

Clr Stanley

 

Vote against:                          Clr Karnib

                                                Clr Waller


25

ITEM NO:      IHAP 03

FILE NO:        131671.2015

SUBJECT:     DA-480/2014 - Demolition of existing garage and shed, removal of trees and a proposed subdivision to create eight Torrens title lots and one residue lot. The proposal also involves the retention of the existing dwelling on proposed Lot 18

 

RECOMMENDATION

 

That Council approves Development Application DA-480/2014 subject to the amended recommended conditions of consent attached.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid        Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Vote for:                                 Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

          Clr Harle

Clr Mamone

Clr Ristevski

Clr Shelton

Clr Stanley

 

Vote against:                          Clr Karnib

                                               Clr Waller

 

 


27

Chief Financial Officer

ITEM NO:      CFO 02

FILE NO:        134020.2015

SUBJECT:     Investment Report May 2015

 

RECOMMENDATION

 

That Council receives and notes this report.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 


27

ITEM NO:      CFO 03

FILE NO:        118303.2015

SUBJECT:     Outcome of Public Exhibition of New Fees and Charges

 

RECOMMENDATION

 

That Council adopts the following new fees and charges, as part of the Statement of Revenue Policy (Fees and Charges) 2015-2016:

 

Item

Proposed Fee

Minor planning proposals (simple proposals)

 

First meeting - $600

Second and subsequent meetings - $250

 

Major planning proposals (proposals involving complex issues)

 

First meeting - $1,100

Second and subsequent meetings - $450

 

Heavy Vehicles Local Roads Permit

$70.00 per vehicle

 

Whitlam Leisure Centre - PrYme Membership (Over 50’s)”

$10.00 per week for holders of a Seniors or DVA card

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council adopts the following new fees and charges, as part of the Statement of Revenue Policy (Fees and Charges) 2015-2016:

 

Item

Proposed Fee

Heavy Vehicles Local Roads Permit

$70.00 per vehicle

 

Whitlam Leisure Centre - PrYme Membership (Over 50’s)”

$10.00 per week for holders of a Seniors or DVA card

 

Foreshadowed motion:       Moved: Clr Shelton              Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 


29

ITEM NO:      CFO 04

FILE NO:        131913.2015

SUBJECT:     Local Government NSW Annual Conference

 

RECOMMENDATION

 

That Council:

 

1.    Nominates Councillors who wish to attend the 2015 Local Government New South Wales Annual Conference.

 

2.    Staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference and provide an update on the number of voting delegates for Liverpool City Council.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That:

 

1.    Any Councillors who wish to attend the 2015 Local Government New South Wales Annual Conference notify the Councillor Support Officer.

 

2.    Staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference and provide an update on the number of voting delegates for Liverpool City Council.

 

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

 


29

Community and Culture Report

ITEM NO:      DCC 01

FILE NO:        089693.2015

SUBJECT:     Donations, Grants and Sponsorships

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the Financial Contribution Panel's recommendations for the provision of $16,500 (all GST exclusive) under the Community Donations Program as summarised in the table below:

 

Applicant Name

Project Name

Amount

 

Guntawang Aboriginal Resources Incorporated

(GARI)

Arts and Craft Workshops

$3,000

 

Liverpool Women’s Resource Centre

Cultural Connection Camp

$3,000

$3,000

Inspire Community Services

Liverpool Community Kitchen and Hub Services

$5,000

 

YouthLink, Salvation Army

Buzz Cuts

(Hairdressing Social Enterprise project for youth)

$5,000

 

 

 

 

 

Applicant Name

Project Name

Amount

 

Priyanka Kanthan

 

Volunteer opportunity in Vietnam with International Volunteer HQ

$500

 

         

2.   Endorses the Financial Contributions Panel's recommendations for the provision of $5,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $5,000 is endorsed, funds will need to be allocated from the Council Reserve.

 

Applicant name

Amount

Southern Districts Soccer Football Association Inc

 

$5,000

 

 

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.


31

ITEM NO:      DCC 02

FILE NO:        123448.2015

SUBJECT:     Liverpool Access Committee Charter

 

RECOMMENDATION

 

That Council adopts the Liverpool Access Committee Charter as attached to this report.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

 

That Council:

 

1.    Adopts the Liverpool Access Committee Charter as attached to this report.

 

  1. Commend the current members of the committee for their commitment to the community of Liverpool.

 

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


31

ITEM NO:      DCC 03

FILE NO:        131033.2015

SUBJECT:     Liverpool Multicultural Strategy and Action Plan 2015-2017

 

RECOMMENDATION

 

That Council adopts Liverpool City Council’s Multicultural Strategy and Action Plan 2015-2017.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 


33

ITEM NO:      DCC 04

FILE NO:        132147.2015

SUBJECT:     Review of Social Impact Assessment Policy and DCP

 

RECOMMENDATION

 

That Council endorse the draft Social Impact Assessment Policy and Development Control Plan for Social Impact Assessments to be placed on public exhibition, with a further report to be provided to Council following public exhibition.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 


33

ITEM NO:      DCC 05

FILE NO:        135570.2015

SUBJECT:     Review of Closed Circuit Television in Liverpool CBD

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report.

 

2.   Requests a further report to the December 2015 Council meeting detailing the outcomes of the program.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 


35

ITEM NO:      DCC 06

FILE NO:        136780.2015

SUBJECT:     Aboriginal Consultative Committee Charter

 

RECOMMENDATION

 

That Council adopts the Aboriginal Consultative Committee Charter as attached to this report.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

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

 

 


35

Planning and Growth Report

ITEM NO:      DPG 01

FILE NO:        101193.2015

SUBJECT:     Proposal to amend LLEP 2008 to permit additional uses (service station and take away food and drink premises) at 1-5 Yato Road, Prestons

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the Planning Proposal and forwards it to the NSW Department of Planning and Environment seeking a Gateway determination

 

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

 

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

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 

Vote for:                                 Mayor Mannoun

                                               Clr Balloot

                                               Clr Hadid

                                               Clr Harle

                                               Clr Mamone

                                               Clr Ristevski

                                               Clr Shelton

                                               Clr Stanley

                                               Clr Waller

 

Vote against:                          Clr Hadchiti

Clr Karnib

 


37

ITEM NO:      DPG 03

FILE NO:        136625.2015

SUBJECT:     Proposal to amend the Planning Proposal for the City Centre LEP Review to include Liverpool Hospital as a Long Term Civic Site

 

RECOMMENDATION

 

That Council:

 

1.    Amends the planning proposal for Draft Liverpool Local Environmental Plan 2008 (Amendment 52) to include the Liverpool Hospital Precinct as a Long Term Civic Site, enabling an increase in height and floor space based on the submission of an approved master plan for the site.

 

 

2.    Delegates to the CEO the authority to approve the amended planning proposal for submission to the Department of Planning and Environment pursuant to Section 58 of the Environmental Planning and Assessment Act 1979.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

Vote for:                                 Mayor Mannoun

                                               Clr Balloot

Clr Hadchiti

                                               Clr Hadid

                                               Clr Harle

                                               Clr Mamone

                                               Clr Ristevski

                                               Clr Shelton

                                              

Vote against:                          Clr Karnib

                                               Clr Stanley

                                                Clr Waller

 


37

ITEM NO:      DPG 04

FILE NO:        137604.2015

SUBJECT:     Draft Liverpool Local Environmental Plan 2008 - Rezoning and Reclassification of Part of Hammondville Park, Hammondville

 

RECOMMENDATION

 

That Council:

 

1.    Endorses the attached draft planning proposal and authorises Council officers to forward a copy to the Department of Planning and Environment seeking a Gateway determination

 

2.    Agrees that subject to Gateway approval, public authority consultation and public exhibition proceed in accordance with the determination

 

3.    Notes that the outcomes of public authority consultation and public exhibition will be reports to a future meeting of Council.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

 

That the recommendation be adopted.

 

Vote for:                                 Mayor Mannoun

                                               Clr Balloot

Clr Hadchiti

                                               Clr Hadid

                                               Clr Harle

                                               Clr Mamone

                                               Clr Ristevski 

                                              

Vote against:                          Clr Karnib

Clr Shelton

Clr Stanley

                                                Clr Waller

 


39

Mayor Mannoun left the Chambers at 7.11pm and the Deputy Mayor, Clr Balloot took the Chair.

 

Mayor Mannoun returned to the Chambers at 7.12pm.

 

ITEM NO:      DPG 05

FILE NO:        139823.2015

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

 

RECOMMENDATION

 

That Council adopts the draft Liverpool Development Control Plan 2008 (Amendment No 21), to come into effect on the day of its notification in the local paper.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

Vote for:                                 Mayor Mannoun

                                               Clr Balloot

Clr Hadchiti

                                               Clr Hadid

                                               Clr Harle

                                               Clr Mamone

                                               Clr Ristevski

                                               Clr Shelton 

                                              

Vote against:                          Clr Karnib

                                               Clr Stanley

                                                Clr Waller

 

 


39

Property and Commercial Development Report

ITEM NO:      DPC 01

FILE NO:        131197.2015

SUBJECT:     Classification of Lot 300 DP1205231, Moondarra Drive, West Hoxton as 'Operational' Land

 

RECOMMENDATION

 

That Council classifies Lot 300 DP1205231, Moondarra Drive, West Hoxton, as ‘Operational’ land in accordance with the Local Government Act 1993.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 

 


41

Committee Reports

ITEM NO:      CTTE 01

FILE NO:        115203.2015

SUBJECT:     Environment Advisory Committee Meeting Minutes of 11 May 2015

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Environment Advisory Committee Meeting held on 11 May 2015.

 

2.   Supports Council participation and in-kind support to the state-wide program to secure threatened species such as Downy Wattle (Acacia Pubescens) and their habitats, as outlined in Report No 10/15.

 

 

COUNCIL DECISION

 

Motion:                                            Moved: Clr Harle                  Seconded: Clr Shelton

 

That Council:

 

1.   Receives and notes the Minutes of the Environment Advisory Committee Meeting held on 11 May 2015.

 

2.   Supports Council participation and in-kind support to the state-wide program to secure threatened species such as Downy Wattle (Acacia Pubescens) and their habitats, as outlined in Report No 10/15.

 

  1. Modify The Environmental Advisory Committee Charter to allow up to 5 representatives.

 

  1. Modify the Charter so that the meetings are open to the public including addressing  The Environmental Advisory Committee as per Council meeting practice.

 

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

 


41

ITEM NO:      CTTE 02

FILE NO:        131677.2015

SUBJECT:     Minutes of the Civic Advisory Committee Meeting held 14 May 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Civic Advisory Committee Meeting held on 14 May 2015.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


43

ITEM NO:      CTTE 03

FILE NO:        132427.2015

SUBJECT:     Minutes of the Budget and Finance Committee held on 3 June 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 3 June 2015.

 

 

COUNCIL DECISION

 

Motion:                                  Moved:  Clr Shelton             Seconded: Clr Harle

 

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 3 June 2015, subject to the following change:

 

The resolutions relating to Items 5.1 to 5.4 be changed from:

 

“The Committee noted and endorsed the report”, to instead read;

 

“The Committee noted the report”.

 

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

 


43

ITEM NO:      CTTE 04

FILE NO:        132771.2015

SUBJECT:     Local Traffic Committee Minutes of Meeting held on 20 May 2015

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Local Traffic Committee Meeting held on 20 May 2015.

 

2.    Adopts the Local Traffic Committee recommendations as noted in the report below.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


45

ITEM NO:      CTTE 05

FILE NO:        133676.2015

SUBJECT:     Casula Powerhouse Arts Centre Board Minutes from Meeting 30 April 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Casula Powerhouse Arts Centre Board Meeting held on 30 April 2015.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


45

ITEM NO:      CTTE 06

FILE NO:        135520.2015

SUBJECT:     Meeting Notes of the Street Naming Committee meeting held on 2 June 2015

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Meeting Notes of the Street Naming Committee Meeting held on 2 June 2015.

 

2.    Adopts the recommendation in the Meeting Notes that Council gazette the advertised names for the Brighton Lakes Development in Moorebank.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

   


47

Mayor Mannoun called for a recess of Council at 7.20pm.

 

Mayor Mannoun reopened the meeting at 7.34pm.

 

ITEM NO:      CFO 05

FILE NO:        141970.2015

SUBJECT:     Future Cities Collaborative overseas mission to the United States and appointment of Acting Deputy Mayor during Mayor and Deputy Mayor's absence

 

RECOMMENDATION

 

That Council:

 

1.   Note that Councillors Karnib, Ristevski and Hadchiti will not be attending the Future Cities Collaborative overseas mission to the United States and nominate a replacement Councillor or Councillors to attend the mission.

 

2.   Council appoint an Acting Deputy Mayor for the period 20 June 2015 – 6 July 2015 while the Mayor and Deputy Mayor are overseas at the mission.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.   Note that Councillors Karnib, Ristevski and Hadchiti will not be attending the Future Cities Collaborative overseas mission to the United States and nominate Clr Harle to attend the mission.

 

2.   Council appoint an Acting Deputy Mayor for the period 20 June 2015 – 6 July 2015 while the Mayor and Deputy Mayor are overseas at the mission.

 

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

 

 

ELECTION OF ACTING DEPTY MAYOR

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

 

That Council preceeds with the election of the Acting Deputy Mayor by open voting.

 

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

 

Nominations were called for the position of Deputy Mayor (during the absence of Mayor Mannoun and Clr Balloot) by the Chief Executive Officer as the Returning Officer.

 

The nominees for Deputy Mayor (during the absence of Mayor Mannoun and Clr Balloot) were Clr Shelton and Clr Hadchiti

 

Clr Shelton          5 votes

Clr Hadchiti         6 votes

 

Clr Hadchiti was elected as the Deputy Mayor for the period 20 June 2015 – 6 July 2015 while the Mayor and Deputy Mayor are overseas at the mission.


49

ITEM NO:      CFO 01

FILE NO:        134876.2015

SUBJECT:     Fit for the Future

 

RECOMMENDATION

 

That Council:

 

1.   Endorses Council’s Fit for the Future submission which supports Liverpool as a stand-alone Council.

 

2.   Approve the Long Term Financial Plan.

 

3.   Delegates the CEO to make further minor changes to the draft template and authorise the submission of the template on or prior to 30 June 2015.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.   Endorses Council’s Fit for the Future submission which supports Liverpool as a stand-alone Council.

 

2.   Approve the Long Term Financial Plan.

 

3.   Delegates the CEO to make further minor changes to the draft template and authorise the submission of the template on or prior to 30 June 2015.

 

  1. Ensure the documentation meets all legal requirements, including our Code of Conduct policy.

 

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


49

ITEM NO:      CONF 01

FILE NO:        127936.2015

SUBJECT:     Acquisition of part Lot 401 DP 1049478, 120 Bird Walton Avenue, Middleton Grange, for open space purposes

 

RECOMMENDATION

 

That Council:

 

1.   Approves the acquisition of part Lot 401 DP 1049478, 120 Bird Walton Avenue, Middleton Grange, containing an area of approximately 1,231 square metres for the price and terms outlined in the confidential attachment;

 

2.   Notes that the square metre area to be acquired is approximate and subject to final survey. Council approves the acquisition on a dollar per square metre basis as outlined in the confidential attachment;

 

3.   Upon settlement of the acquisition, classifies the portion of Lot 401 DP 1049478, 120 Bird Walton Avenue, Middleton Grange, being acquired as 'Community' land;

 

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

 

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

 

 

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.

 


51

ITEM NO:      CONF 02

FILE NO:        128445.2015

SUBJECT:     Care, control and management of Lot 163 DP 880335, 7 Sandringham Drive, Cecil Hills, known as 'Cecil Hills Homestead'

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the report of staff in relation to the recent history and current status of the management of Lot 163 DP 880335, 7 Sandringham Drive, Cecil Hills, known as the ‘Cecil Hills Homestead’;

 

2.   Delegates authority to the Chief Executive Officer or his nominee to proceed with ‘Option 2’ as outlined in the confidential report;

 

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

 

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

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

Foreshadowed Motion:       Moved: Clr Waller                Seconded:  Clr Stanley

 

That this item be dealt with in closed session at the end of the meeting.

 

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


51

ITEM NO:      CONF 03

FILE NO:        129135.2015

SUBJECT:     Council fees and charges for Outdoor Dining within Macquarie Mall 

 

RECOMMENDATION

 

That Council:

 

1.   Agrees to amend the adopted fees and charges for Outdoor Dining Permits within the Macquarie Street Mall as outlined within the confidential report;

 

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

 

3.   Authorises its delegated officers to execute any document necessary to give effect to this decision.  

 

 

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.

 


53

ITEM NO:      CONF 04

FILE NO:        130788.2015

SUBJECT:     Tender WT2461 - New Customer Service Centre Fit Out Works at 33 Moore Street, Liverpool

 

RECOMMENDATION

That Council: 

1.   Accepts the Tender from Rork Projects Pty Ltd for Tender WT2461 – New Customer Service Centre Fit Out Works at 33 Moore Street, Liverpool at the price specified in the confidential report.

2.   Makes public its decision regarding tender WT2461 – New Customer Service Centre Fit Out Works at 33 Moore Street, Liverpool.

3.   Notes that the Director Infrastructure and Environment 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 Hadid                 Seconded: Mayor Mannoun

 

That the recommendation be adopted.

 

Vote for:                                 Mayor Mannoun

                                               Clr Balloot

Clr Hadchiti

                                               Clr Hadid

                                               Clr Harle

                                               Clr Mamone

                                               Clr Ristevski 

                                              

Vote against:                          Clr Karnib

                                               Clr Shelton

                                                         Clr Stanley

                                                Clr Waller

 


53

ITEM NO:      CONF 05

FILE NO:        132459.2015

SUBJECT:     Acquisition of Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill for open space purposes.

 

RECOMMENDATION

 

That Council:

 

1.   Approves the acquisition of Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill, on either a vacant possession or a life tenancy basis, as outlined in the confidential report;

 

2.   Upon settlement of the acquisition, classifies Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill, as ‘Operational' land;

 

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

 

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

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

 

That this item be dealt with in closed session at the end of the meeting.

 

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


55

Clr Hadchiti left the Chambers at 7.46pm.

 

ITEM NO:      CONF 06

FILE NO:        136145.2015

SUBJECT:     Key Sites Master Planning Steering Committee Minutes from Meeting held 2 June 2015

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Key Sites Master Planning Steering Committee Meeting held on 2 June 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: Clr Mamone            Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 


55

Clr Hadchiti returned to the Chambers at 7.47pm.

 

ITEM NO:      CONF 07

FILE NO:        139408.2015

SUBJECT:     Independent Hearing and Assessment Panel - Community Representative Recommendation

 

RECOMMENDATION

 

That Council appoints the applicant as identified in the confidential report as a Community Representative on the IHAP for a period of two years.

 

 

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.

 


57

ITEM NO:      CONF 08

FILE NO:        138704.2015

SUBJECT:     Liverpool Design Excellence Panel - Recommendations for appointment

 

RECOMMENDATION

 

That Council:

 

1.       Appoints the applicants as identified in the confidential report as Panel Representatives on Council’s DEP for a period of two years; and

 

2.       That the representative of the Government Architect’s Office be appointed as Chair.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 


57

ITEM NO:      CONF 09

FILE NO:        134346.2015

SUBJECT:     Legal Dispute - Rating of Council Financial Instruments

 

RECOMMENDATION

 

That Council:

 

1.   Receive and note the report of staff in relation to legal action concerning the rating of financial instruments purchased by Council.

 

2.   Delegate authority to the Chief Executive Officer to negotiate any further amendments as may be necessary to settle the funding agreement and addendum documents provided by Litigation Capital Partners LLP, and to execute the funding agreements and addendum documents once finalised.

 

3.   Delegate authority to the Chief Executive Officer to continue to prosecute the legal action concerning the rating of financial instruments to a conclusion in the best interests of Council.

 

4.   Receive updates on the progress of this litigation via the quarterly Legal Affairs report.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 


59

ITEM NO:      CONF 10

FILE NO:        126075.2015

SUBJECT:     Legal Affairs Report

 

RECOMMENDATION

 

That Council receive and note the report concerning the Legal Affairs of Council.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 


59

ITEM NO:      CONF 11

FILE NO:        132937.2015

SUBJECT:     Contract Dispute - Former Staff Member

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note the legal advice provided by Council’s solicitors, as attached to the report of staff.

 

2.    Delegate and direct the Chief Executive Officer to give effect to the recommendations contained within the legal advice.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

 

That this item be dealt with in closed session at the end of the meeting.

 

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

 


61

ITEM NO:      CONF 12

FILE NO:        132806.2015

SUBJECT:     Amendments to Organisational Structure

 

RECOMMENDATION

 

That Council:

 

1.       Adopts the organisational structure as provided in attachment 2 of this report in accordance with Section 333 of the Local Government Act 1993.

 

2.       Notes the effective date for implementation of the revised structure as 1 July 2015.

 

 

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.

 


61

ITEM NO:      CONF 13

FILE NO:        132405.2015

SUBJECT:     Audit and Risk Committee meeting held on 10 June 2015

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Audit and Risk Committee Meetings held on 10 June 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.

 

 


63

ITEM NO:      CONF 14

FILE NO:        142029.2015

SUBJECT:     EOI 2471 - Lease of part North Carnes Hill Recreational Precinct by a National Sporting Organisation

 

RECOMMENDATION

That Council: 

1.       Receives and notes the report from staff in relation to EOI 2471 Lease of part North Carnes Hill Recreational Precinct by a National Sporting Organisation;

2.       Pursuant to Section 55(3)(i) of the Local Government Act 1993, approves an exemption to the requirement to enter into a tender process with the shortlisted applicant, being Wests Tigers Rugby League Football Pty Ltd, due to extenuating circumstances and unavailability of competitive tenders. Given an Expression of Interest has been publicly advertised with only one submission received and site in question is subject to constraints, a tender process would not provide a satisfactory result;

3.       Directs the Chief Executive Officer to commence negotiations with the Wests Tigers Rugby League Football Pty Ltd to enter into a long term lease arrangement for part North Carnes Hill Recreational Precinct;

4.       Directs the Chief Executive Officer to commence a public consultation process pursuant to Section 47 of the Local Government Act 1993, in anticipation of a possible lease exceeding 5 years being granted to the shortlisted applicant;

5.       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 this item be dealt with in Closed Session at the end of the meeting.

 

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

 


 

ITEM NO:      CONF 05

FILE NO:        130992.2015

SUBJECT:     Tender ST2450 - Macquarie Mall Upgrade, Procurement of Australian Granite Paving

 

RECOMMENDATION

 

That Council: 

 

1.   Declines to accept any of the tenders submitted for ST2450 Macquarie Mall Upgrade, Procurement of Australian Granite Paving.

 

2.   In accordance with Section 178(3)(e) of the Local Government (General) Regulation 2005, enters into negotiations with the tenderers for ST2450 and other reputable granite suppliers with the view to entering into a contract for the supply of granite paving.

 

3.   In accordance with Section 178(4) of the Local Government (General) Regulation 2005, note the following reasons for entering into negotiations and not calling fresh tenders:

 

a)      The public tender process has been unable to elicit a satisfactory outcome and it is considered that inviting fresh tenders for the same proposal is unlikely to result in a different outcome;

b)      No significant benefit will be achieved by inviting fresh tenders in view of the time and cost involved in such a process with consequent delays and cost implications to the project; and

c)      Council’s own enquiries suggest that other feasible options exist, which would enable council to procure the required granite pavers for the timely delivery of the project.

 

4.   Notes that Council authorises the Chief Executive Officer to negotiate and subject to a satisfactory outcome of the negotiation process sign the Letter of Acceptance giving it contractual effect, in accordance with delegated authority.

 

5.    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 Shelton

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

 

  1. That Council move into Closed Session to consider items:

 

·         CONF 05 Acquisition of Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill for open space purposes.

·         CONF 11 Contract Dispute - Former Staff Member

·         CONF 14 EOI 2471 - Lease of part North Carnes Hill Recreational Precinct by a National Sporting Organisation

 

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

 

·         Section10(A)(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors);

 

·         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);

 

·         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.

 

·         Section 10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

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

 

Council moved into Closed Session at 8.00pm.

 

The public and media left the Chambers.

 

 


 

ITEM NO:

CONF 05

FILE NO:

132459.2015

SUBJECT:

Acquisition of Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill for open space purposes.

 

RECOMMENDATION

 

That Council:

 

1.   Approves the acquisition of Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill, on either a vacant possession or a life tenancy basis, as outlined in the confidential report;

 

2.   Upon settlement of the acquisition, classifies Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill, as ‘Operational' land;

 

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

 

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

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 


 

Clr Hadid left the Chambers at 8.11pm.

 

 

ITEM NO:

CONF 11

FILE NO:

132937.2015

SUBJECT:

Contract Dispute - Former Staff Member

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note the legal advice provided by Council’s solicitors, as attached to the report of staff.

 

2.    Delegate and direct the Chief Executive Officer to give effect to the recommendations contained within the legal advice.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley               Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 


 

Clr Hadid returned to the Chambers at 8.15pm

Clr Harle left the Chambers at 8.16pm.

Clr Harle returned to the Chambers at 8.19pm.

 

 

ITEM NO:

CONF 14

FILE NO:

142029.2015

SUBJECT:

EOI 2471 - Lease of part North Carnes Hill Recreational Precinct by a National Sporting Organisation

RECOMMENDATION

That Council: 

1.    Receives and notes the report from staff in relation to EOI 2471 Lease of part North Carnes Hill Recreational Precinct by a National Sporting Organisation;

 

2.    Pursuant to Section 55(3)(i) of the Local Government Act 1993, approves an exemption to the requirement to enter into a tender process with the shortlisted applicant, being Wests Tigers Rugby League Football Pty Ltd, due to extenuating circumstances and unavailability of competitive tenders. Given an Expression of Interest has been publicly advertised with only one submission received and site in question is subject to constraints, a tender process would not provide a satisfactory result;

 

  1. Directs the Chief Executive Officer to commence negotiations with the Wests Tigers Rugby League Football Pty Ltd to enter into a long term lease arrangement for part North Carnes Hill Recreational Precinct;

 

4.    Directs the Chief Executive Officer to commence a public consultation process pursuant to Section 47 of the Local Government Act 1993, in anticipation of a possible lease exceeding 5 years being granted to the shortlisted applicant;

 

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

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

That Council defer this report until the next Council meeting and provide Councillors with further information about the processes.

 

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

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

 

Councillors Karnib, Shelton, Stanley and Waller asked that they be recorded as voting against the motion.

 

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

 

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

 

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

 

Open Council resumed at 8.24pm.

 

The resolutions relating to CONF 05, CONF 11 and CONF14 were displayed on the monitors for the public and media to view prior to the closure of the meeting.


 

 

THE MEETING CLOSED AT 8.25pm.

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     29 July 2015

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  17 June 2015. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

 

 

 


71

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 01

Waiving Fees for Storage for not for profit groups

 

Strategic Direction

Healthy Inclusive  City

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

Key Policy

NA

File Ref

177408.2015

Author

Anne Stanley - Councillor

 

 

Background

 

Due to limited space Council has reorganised its storage space in its community centres and has started to charge a monthly fee. The purpose of this motion is to waive the fees for those not for profit groups which are currently using our centres. I have had personal representations from the pensioner and over 55 groups using George Bates and Casula Community facilities. This extra impost will mean that the groups will cease or have to increase their fees. These groups have met for many years-some over forty years. These groups provide an opportunity for friendship it would be concerning if they were forced to stop meeting because of the extra fees currently set at $20 per month.

 

 

NOTICE OF MOTION

 

That Council waive fees for storage for all not for profit groups using our community halls.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

There are many small community and not for profit groups who use council's community centres on an ongoing  basis. Most of these groups will use the centre on a weekly or bi-weekly basis, for example to run a workshop, however they are storing their materials in the centre on a permanent basis. There have been a number of instances of groups storing dangerous goods (such as flammable items), using the centres for personal storage or taking up considerably more room than is actually required.

 

To ensure that the space used is respected and that only what is required is used, Council adopted a small fee and charge in the 2015/16 fees and charges:

Storage Size

Monthly Charge

Example of Space

Locker

$6.50

Double locker/cupboard under sink cupboard

Storeroom

$20.00

Sole usage of a Storeroom

Large Shed or Storeroom

$50.00

Sole usage of a shed or storeroom  with the capacity of a small office

 

All groups were notified well in advance of the fee and were encouraged to rationalise their storage.  They were given a twelve-month grace period before the fees were introduced. Council staff have been working with them to organise their storage needs. At present, we have a waiting list of 25% of our permanent hirers who require more storage and who are happy to pay for their storage needs.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

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

Provide cultural centres and activities for the enjoyment of the arts.

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

Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil


73

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 02

Place Manager Carnes Hill

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Workforce Management Plan

File Ref

177411.2015

Author

Anne Stanley - Councillor

 

 

Background

 

With the Carnes Hill Community Centre set to open in 2016, it is time to consider how this community facility will interact with its neighbours and the community. Community facilities truly work when they provide the services and programmes which match the residents who will be using them. A dedicated resource could be provided by Council now to ensure that when the facility is operational it will provide the spaces and programmes to engage the residents so the benefits of the facility will be available as soon as possible.

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Dedicate a resource to become the Carnes Hill Place Manager.

 

2.   Begin planning the uses of the facility and programmes required by residents by engaging the community and planning programmes.

 

3.   Implement programmes before the opening of the facility.

 

4.   Report to Council at an appropriate time the findings of this pilot programme with a view to implementing LGA wide.

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

International research (OECD, 2015 )suggests that infrastructure projects should be developed in co-operation with local stakeholders including local and regional authorities, involve public consultations and be aligned with the strategic needs of specific sectors of the economy.  The same principles also apply at micro-level:  and in instances such as Carnes Hill, the success of the significant investment by Council is more likely to be assured if necessary preliminary activities relating to raising awareness, identifying local needs through community consultations and aligning aspirations with Council objectives are planned and organised in a systematic manner.

 

Done well, such processes can lead to local communities being empowered, willing to participate in organisations and projects, connected with Council and working toward shared goals.  In effect, infrastructural development acts as the catalyst for building a sense of “place”,  linked to a strong sense of local  ownership and influence.

 

Best practice also suggests that, given the multiplicity of relationships involved in planning, delivering and managing major projects, resources need to be invested in the professional management of land relationships by a lead body (i.e. Council) so as to avoid blurring of lines of accountability.  In this instance, the fundamental challenge is how Council manages the individual components so as to complement other activities within an multipurpose precinct.

 

As construction of Carnes Hill Recreation and Community Precinct is well underway and will be operational in 2016, it is timely to begin exploring best practice management models to realise its full potential. The intent of the place management approach is entirely consistent with the guiding principles and content of the Draft Community Facilities Strategy. Research undertaken for the Draft Strategy found that effective programming of libraries and community facilities is particularly pertinent during their start-up phase in activating spaces and encouraging a wider usage by different members of the community. This was supported by evidence from other successful community facilities indicating that programming creates an environment for significantly higher levels of usage and greater awareness of programs and activities offered.

 

It is recommended that Council officers investigate and report back the outcomes of research on best practice approaches (including international examples) for managing Carnes Hill Recreation and Community Precinct.  Carnes Hill offers Council the opportunity to pilot a place management approach which, if successful, could be adopted for future projects across the LGA.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

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

Provide cultural centres and activities for the enjoyment of the arts.

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

Deliver high quality services for children and their families.

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

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.

 

 

ATTACHMENTS

 

Nil


76

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 03

Advocating changes to State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

177419.2015

Author

Anne Stanley - Councillor

 

 

Background

 

It has come to my attention that there can be issues with the State Environmental Planning Policy (Affordable Rental Housing) 2009 The development standards for secondary dwellings (granny flats) under the SEPP do not require provision of an off street car parking space or the retention of an off street car parking space when alterations to an existing car parking space are carried out. There have been instances where the garage was demolished to construct the granny flat with no alternative off street parking provided for the main dwelling. Consideration should be given to changes to the legislation to require retention of an off street car parking space on a lot to which alterations to an existing car parking space are carried out.

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Write to the Minister for Planning detailing the issues that can arise with this loop hole in the legislation.

 

2.   Submit a Notice of Motion to the Local Government Conference in October.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

The State Environmental Planning Policy SEPP (Affordable Rental Housing) 2009 stipulates that an application for a secondary dwelling made under the SEPP must not be refused if no additional parking is to be provided on site as a result of the development. The SEPP does not specify any requirements for parking for the principal dwelling, however notes that an application for a secondary dwelling within an existing dwelling must not involve external alterations to the principal dwelling other than the provision of an additional entrance.

 

The SEPP is silent about the requirement of the retention of hard stand parking for the principal dwelling under the provisions of the SEPP when a secondary dwelling is proposed outside of the principal dwelling. It appears that this is an oversight within the SEPP and not intentional.

 

There may be instances where the removal of a hard stand parking such as, removal of a garage requires development consent.  In that instance, the hard stand parking will be required to be retained as part of the assessment process.  However, in instances where the removal of the parking space is exempt development, there is no requirement for retention of the parking space.

 

It is recommended that representation be made to the Department of Planning and Environment to consider changes to the legislation to require retention of an off street parking space when alterations are made under the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

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

 

Nil


78

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 04

Publication of Mayor and Deputy Mayor Messages in Foreign Language Media

 

Strategic Direction

Proud Engaged City

Strengthen and celebrate Liverpool’s unique community identity

Key Policy

Communications Plan

File Ref

177570.2015

Author

Gus Balloot - Deputy Mayor

 

 

Background

 

There are a number of papers we could have a presence in to get our message out, but which council is neglecting.

 

The benefit of this motion would be to increase our readership and connect council with the wider community of Liverpool.

 

 

NOTICE OF MOTION

 

That Council review which foreign language print media both the Mayor and Deputy Mayor messages are printed in every week.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

The table below outlines the top ten languages spoken in the Liverpool area other than English according to the Australian Bureau of Statistics data.

 

Language spoken

Number

Percentage of the Liverpool Population

Arabic

17,199

9.5

Hindi

8,042

4.5

Vietnamese

7,838

4.4

Italian

5,105

2.8

Spanish

5,066

2.8

Serbian

5,064

2.8

Filipino/Tagalog

3,226

1.8

Greek

2,941

1.6

Assyrian

2,884

1.6

Cantonese

2,662

1.5

 

Council currently advertises the Mayoral and Deputy Mayoral Column on a weekly basis in the Liverpool Leader and the South West Advertiser, reaching across the Liverpool local government area. 

 

In addition to this weekly advertising, the column also appears in a number of ethnic newspapers on a fortnightly basis.  The newspapers utilised include those with the highest circulation for each of the top 6 language groups for the Liverpool area.  The decision to focus on the top 6 language groups was endorsed by Council in 2013.

 

The column appears fortnightly in the 6 ethnic newspapers at a cost of approx. $36,000 per annum for a 1/8 column in black and white.  The newspapers include: El-Telegraph, Vesti, Chieu Duong, La Fiamma, Indian Link and The Spanish Herald.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

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

Promote community harmony and address discrimination.

Civic Leadership and Governance

Act as an environmental leader in the community.

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

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.

 

 

ATTACHMENTS

 

Nil


80

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 05

Youth Unemployment

 

Strategic Direction

Vibrant Prosperous City

Position Liverpool as the destination of choice to attract business and investment in South Western Sydney

Key Policy

Economic Development Strategy

File Ref

177598.2015

Author

Gus Balloot - Deputy Mayor

 

 

Background

 

Liverpool has one of the highest rates of youth unemployment in all of Australia. The proposed committee is to investigate the causes and reasons why Liverpool LGA has a high rate of youth unemployment.

 

 

NOTICE OF MOTION

 

That:

 

1.   Council set up a committee to investigate the high youth unemployment rate in Liverpool LGA.

 

2.   The Committee report back to Council in early 2016 with details of the many issues confronting our youth and recommendations as to what Council can do to assist our youth to find unemployment and improve their lives.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

Council has an existing Economic Development & Events Committee which would be an appropriate vehicle to consider the issue of high youth unemployment. It is suggested that a representative of the Commonwealth Department of Employment be invited to brief this Committee on the issue and the various efforts in place to address high youth unemployment nationally and how this is delivered locally. The Committee will then be in a position to consider what additional local efforts are required by business and Council to address these issues.

 

 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

Further develop a commercial centre that accommodates a variety of employment opportunities.

Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre).

Facilitate economic development.

Facilitate the development of new tourism based on local attractions.

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

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.

Deliver services that are customer focused.

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

 

 

ATTACHMENTS

 

Nil


82

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 06

Jobskills Workshops for Baby Boomers

 

Strategic Direction

Healthy Inclusive  City

Plan, support and deliver high quality and accessible services, program and facilities

Key Policy

Ageing Strategy

File Ref

177671.2015

Author

Gus Balloot - Deputy Mayor

 

 

Background

 

Liverpool has some of the highest rates of unemployment in Australia. Whilst youth unemployment is at the forefront of this problem, there are many baby boomers in our LGA who are not equipped to work in modern day workplaces due to lack of basic skills with computers, therefore making them less employable.

 

Many of them cannot afford to pay for these workshops, and become long term unemployed.

 

This is a community initiative aimed at improving the lives of many of our baby boomers to give them an option to upgrade their skills and improve their chances to find employment, giving them independence and reducing the burden on our welfare system.

 

NOTICE OF MOTION

 

That Council:

 

1.   Investigate the demand and feasibility of providing free workshops for resident baby boomers to upgrade their job skills using modern technology.

 

2.   Report back findings of the study by October 2015.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

Council’s Economic Development and Events Committee would be an appropriate vehicle to consider this issue in the first instance. Council through its library services already provides the following technology training to older residents:

 

·    The Broadband for Seniors program involves training in computer basics and use of the internet. It is a two hourly workshop run weekly.

 

·    Tech Savvy Seniors is a series of 12 workshops; four each in Hindi, Arabic and Chinese covering the same themes as Broadband for Seniors. Trainers are provided by the Ethnic Community Council of NSW and the workshops are run at the Liverpool Library.

 

·    Each Liverpool Library branch offers Free Computer Training @ Your Local Library workshops. These are two hour sessions, run weekly. They are broad courses for computer, email, internet and social media training, with a question and answer session.

 

David Sharman, Manager Library and Museum Services will arrange for the Committee to be provided with a presentation on the nature of this training and how the service is promoted to and accessed by residents. The Commonwealth Department of Employment also runs a number of incentive programs for employers to engage and train older people. Arrangements will also be made for the Department to present to the Committee on their services.

 

CONSIDERATIONS

 

Economic and Financial

Further develop a commercial centre that accommodates a variety of employment opportunities.

Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre).

Facilitate economic development.

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

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.

Deliver services that are customer focused.

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

 

 

ATTACHMENTS

 

Nil


84

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 07

Orthodox Interfaith Lunch - Saint Ilija Day 2 August 2015

 

Strategic Direction

Healthy Inclusive  City

Celebrate and respect Liverpool’s rich cultural and social diversity and embrace the opportunities it provides

Key Policy

Multicultural Action Plan

File Ref

179294.2015

Author

Peter Ristevski - Councillor

 

 

Background

 

Liverpool to host first Orthodox Interfaith Lunch.

 

Diversity and tolerance will be celebrated on 2 August when community leaders from over 10 different faiths gather at the Liverpool Catholic Club for the Liverpool Inaugural Orthodox Interfaith Prayer Lunch.

 

Faiths represented at next week's breakfast will include leaders from the Serbian, Russian, Assyrian and Macedonian Orthodox, Australia's Muslim, Jewish, Hindu and Buddhist communities. Leaders from Christian churches will also be present. Roman Catholic, Baptist, the Salvation Army, the Uniting Church, Coptic and Antiochian Orthodox, the Wesley Mission and other Christian denominations will also be represented.

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Increase the budget to $20,000. The full amount may not be needed however as it's the first Orthodox Interfaith event, we want to accommodate everyone that wants to attend via RSVP. This is to allow a buffer should we get an overwhelming response in attendance.

 

2.   Acknowledges the great work that Alyson Infanti and other staff have provided in organising the event.

 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

Promote community harmony and address discrimination.

Civic Leadership and Governance

Facilitate the development of community leaders.

Encourage the community to engage in Council initiatives and actions.

 

 

ATTACHMENTS

 

Nil


86

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 08

Roads & Development

 

Strategic Direction

Accessible Connected City

Provide safe and easy travel with a high quality road and traffic management network

Key Policy

Traffic and Transport Plan

File Ref

179425.2015

Author

Tony Hadchiti - Councillor

 

 

Background

 

Liverpool LGA is currently experiencing a very high level of growth which is a sign of the confidence in our area.

 

Whilst this level of growth is welcomed we need to ensure that vital infrastructure is also delivered to ensure that our LGA functions in an orderly manner.

 

We have in the past seen developments occur which result in sections of roads being upgraded and others not.

 

Council in its plans has DCP roads which are an important part of this growth and needs to ensure that these roads are built in early stages of any development.

 

At times these roads may not seem as they will serve a purpose initially but once the horse has bolted it becomes an issue in having these roads built.

 

Council also needs to ensure new access or access upgrades are provided to any areas of development which have limited access or access that will struggle with the new development.

 

NOTICE OF MOTION

 

That Council:

 

1.   Where possible ensure that DCP roads are provided in early stages of developments especially where the development borders a DCP road and held by the same owner.

 

2.   Ensure new access or access upgrades are provided to any areas of development which have limited access or access that will struggle with the new development.

 

 

 

CONSIDERATIONS

 

Economic and Financial

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

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

Environmental and Sustainability

Manage air, water, noise and chemical pollution.

Support the delivery of a range of transport options.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil


88

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 09

Trooper Lu's Garage Community Open Day

 

Strategic Direction

Healthy Inclusive  City

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

Key Policy

Recreation Strategy

File Ref

179496.2015

Author

Tony Hadchiti - Councillor

 

 

Background

 

Justin Chisolm, owner, Trooper Lu's Garage located at Heathcote Moorebank held their 3rd annual community open day on Saturday 27th of June.

 

The open day was a chance for the community to show case their motorbikes and view a range of collector and custom bikes including the bike from Mad Max.

 

There were also educational seminars and lots of giveaways.

 

The TV crew and stars from Blokesworld along with renowned stunt rider Dave McKenna were also a drawcard to the event.

 

The day was supported by many including the NSW Fire Brigade and the SES.

 

It's events like this held by our community for the community that Council should be part of and our involvement in this event is most welcomed by the organisers.

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Write to Justin Chisolm congratulating him and his team on a successful event.

 

2.   Discuss the possibilities of Council's involvement in next years event.

 

 

 

 

 

 

 

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.

Promote community harmony and address discrimination.

Support access and services for people with a disability.

Deliver high quality services for children and their families.

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.

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.

 

 

ATTACHMENTS

 

Nil


90

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 10

Sydney P.A.C. Fest 2015

 

Strategic Direction

Proud Engaged City

Strengthen and celebrate Liverpool’s unique community identity

Key Policy

Events Strategy

File Ref

179627.2015

Author

Tony Hadchiti - Councillor

 

 

Background

 

On Friday the 26th of June the Sydney P.A.C. Fest was held at the Whitlam Centre in Liverpool.

 

The P.A.C. Fest brought together twelve schools from across Sydney including All Saints Catholic College & Lurnea High School from our LGA.

 

The festival was attended by many dignitaries including the Consulate General of Samoa Mr Fonoti Manogiamanu Etuale Ioane.

 

This festival gave the ability for these schools to showcase their Pacific Islander culture by way of a musical stage performance.

 

The performances on show were absolutely mind blowing.

 

The event was well organised and all those involved including Chairperson Jessica Sevealli  and Executive Director Annie Rogers need to be congratulated.

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Write to Jessica Sevealli, Chairperson of The Sydney PACFest committee and Executive Director Annie Rogers congratulating them and the team on a successful festival.

 

2.   Have early discussions with the PACFest committee in an attempt to secure the 2016 festival in Liverpool. 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

Provide cultural centres and activities for the enjoyment of the arts.

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

Promote community harmony and address discrimination.

Deliver high quality services for children and their families.

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.

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.

 

 

ATTACHMENTS

 

Nil


92

Ordinary Meeting 29 July 2015

Notices of Motion

 

NOM 11

Miracle Babies

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Long-Term Financial Plan

File Ref

179870.2015

Author

Sabrina Mamone - Clr Mamone

 

 

Background

 

Miracle Babies Foundation is Australia’s leading organisation supporting premature and sick newborns, their families and the hospitals that care for them.

 

Every year in Australia around 45,000 newborn babies require the help of a Neonatal Intensive Care Unit (NICU) or Special Care Nursery (SCN). 25,000 of these babies are born premature and up to 1000 babies lose their fight for life.

 

For families, the experience of having a baby come into the world not as expected or planned is life changing. Without support, this overwhelming and traumatic experience can have lifelong effects on the emotional wellbeing of these miracle families.  It affects the entire family unit.

 

Since 2005, Miracle Babies Foundation has been passionate in developing and providing vital programs and resources to support and enhance a family’s experience from a threatened pregnancy, hospital journey with a premature or sick newborn, the transition to home and beyond.

 

Australia is home to 22 state of the art intensive care units designed to meet the unique and critical needs of our earliest and sickest babies. Working with health professionals on the joint agenda of better outcomes for families, Miracle Babies provides informative education and insight on a family’s experience and funding for equipment, resources and research.

 

Beginning as a small local charity, Miracle Babies were overwhelmed and very blessed by the generous support of the local community. Their support enabled us to grow and offer the very best support to NICU families and provide Liverpool Hospitals NICU with much needed equipment and resources. As a national foundation, we now offer this support to families and NICUs Australia wide.

 

As part of their 10 year business plan Miracle Babies Foundation holds an Annual Charity Ball which raises funds which supports the continued work the foundation does. On the 31st of October the Miracle Babies Foundation will hold it's last Annual Ball at Luna Park.

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Sponsors this years Miracle Babies Foundation Annual Ball with three tables:

 

·    1 x Table for Council

·    1 x Table for Volunteers of the foundation

·    1 x table for the Miracle Baby Survivor's

 

2.   Congratulate the Foundation for the hard work it has done in the past 10 years

 

 

 

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.

Promote community harmony and address discrimination.

Deliver high quality services for children and their families.

Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil   


94

Ordinary Meeting 29 July 2015

Independent Hearing and Assessment Panel Report

 

IHAP 01

DA-1136/2014 - Torrens title subdivision of one lot into eight lots at 10 Nader Place, Horningsea Park

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

157157.2015

Report By

George Dojas - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 1 DP 1093146 10 Nader Place, Horningsea Park

Owner

Mr A Pellizzeri

Applicant

Vesta Homes Pty Ltd

 

 

Executive Summary

 

Council has received and considered a Development Application DA-1136/2014, proposing a Torrens title subdivision of one lot into eight lots at 10 Nader Place, Horningsea Park. This application was lodged on 18 December 2014.

 

The application was referred to the 22 June 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 variations to the lot widths are predominately due to the constraints of the subject site, as the proposed lots are located at the end of an existing cul-de-sac and therefore the minimum width of 10 metres cannot be achieved along the front boundary of the subject lots.

 

The IHAP recommendation was to approve the Development Application subject to amended conditions of consent discussed further within this report and included in Attachment 4.

 

 

RECOMMENDATION

 

That Council approves Development Application DA-1136/2014, subject to the amended recommended conditions of consent.

 

 

Background

 

Council has received and considered a development application DA-1136/2014 proposing Torrens title subdivision of one lot into eight lots at 10 Nader Place, Horningsea Park.

 

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 subject site is located at the eastern end of the cul-de-sac (Nader Place) and proposed Lots 10, 15, 16 and 17 result in a technical non-compliance with the minimum lot width requirement of 10 metres stipulated within Clause 7.13 of the LLEP 2008.

 

The battle-axe access handle development standard in Clause 7.13 of LLEP 2008 requires a 30 metre wide set of 6 driveways to service lots 10, 11, 12, 13, 14, and 15. The proposal includes one access handle to service six (6) lots with a total width of 9.2m.

 

The Site

 

The site is identified as 10 Nader Place, Horningsea Park with legal description of Lot 1 DP 1093146. The subject site is an irregular shaped allotment with an area of 3,503sqm.

 

The subject site includes a single storey brick dwelling house with a tiled pitched roof, and associated impervious areas. The immediate locality is characterised by low density dwelling houses particularly to the north, east, and west of the subject site. The site is adjacent to Camden Valley Way to the south.

 

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

 

Figure 1: Aerial image of the subject site.

 

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

 

Figure 2: The site and surrounding locality.

 

details of the proposal

 

The application seeks consent for the subdivision of one lot into of eight (8) Torrens title lots. Details of the proposed Lots are listed below:

 

Lot Number

Lot Width

Site Area (excluding access handle)

Lot 10

9.01m

388.4sqm

Lot 11

12m

388sqm

Lot 12

12m

354.6sqm

Lot 13

12m

484.7sqm

Lot 14

12m

451.2sqm

Lot 15

0.62m

417.7sqm

Lot 16

0.37m*

350.3sqm

Lot 17

0.26m*

366sqm

 

*The measurement listed above for Lots 16 and 17 were calculated in strict accordance with Clause 7.13 of Liverpool Local Environmental Plan 2008. However, the true Lot widths are represented by the arcs of each individual Lot, which are 12.82m to Lot 16 and 17.19m to Lot 17.

 

Consent is also sought for associated works to facilitate the subdivision, including:

·    Construction of a 9.2m wide access road way to service the battle-axe allotments.

·    Construction of a vehicle cross over for the access road way.

·    Construction of onsite detention and stormwater drainage system.

·    Landscaping works including tree planting.

 

Note: The existing dwelling is required to be demolished to facilitate the proposed subdivision. Approval is not sought for demolition of the single storey dwelling located on the subject site. Therefore, demolition is subject to separate development consent prior subdivision works commencing.

                     

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. 

 

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 Lots 10, 15, 16 and 17 fail 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.

 

Lot 10 includes a minimum width of 9.01m (9.9% variation), Lot 15 includes a minimum width of 0.62m (93.8% variation), Lot 16 includes a minimum width of approximately 0.37m (96.3% variation); and Lot 17 includes a minimum width of 0.26m (97.4% variation).

 

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 of the LLEP 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:

 

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

          (b)     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:

 

“The frontage is due to the access to a cul-de-sac head which causes irregular shaped frontage. Effective frontage should be judged at the building line. At this point width is over 10 metres.

 

Each of the lots has a true lot width of over 10 metres at the building line…

 

 

The prescriptive standard of a 10 metre width does not effectively relate to lots fronting either an angled road or cul-de-sac head.

 

The proposed layout is an effect of economic use of the land recognising the size and placement of the cul-de-sac head allowing access to future residential lots.”

 

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

 

·    The variation is a result of the subject site located at the end of the Nader Place cul-de-sac, and the arcs of each proposed lot (listed previously) result in a technical non-compliance with the required minimum lot width.

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

·    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 R2 Low Residential Zone.

 

Variation to Clause 7.13 (4) – Minimum Lot width in Zones R1, R2, R3 and R4

 

In addition, the access handle portion development standard would require a 30 metre wide set of 6 driveways to service lots 10, 11, 12, 13, 14, and 15. This is considered to have negative impacts on the streetscape character both visually and aesthetically. It would result in a loss of on street parking as well as the nature strip along the frontage of the site. Therefore, the proposed 9.2m combined driveway is considered satisfactory in this instance. The proposed shared access handle is not envisaged to have negative visual impacts on the streetscape and is considered satisfactory to service the future dwellings within these lots.

 

It is noted that proposed Lots 10, 11, 12, 13, 14 and 15 require reciprocal rights of way for access from Nader Place. A condition is included in the recommended conditions of consent requiring an easement for rights of way to this effect.

 

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 22 June 2015, IHAP raised the following issues related to the Development Application:

 

“The Panel have inspected the site and read the Council officer's report. The Panel did not hear representation from the applicant or the owner. There were no objections to this application.

 

The Panel recommends that a restriction as to user be created on proposed Lot 10 prohibiting vehicular access across the property boundary with Nader Place and requiring vehicular access from the shared driveway adjacent to the eastern boundary.

 

The Panel recommends that a restriction as to user be created on proposed Lot 15 requiring vehicular access from the shared driveway adjacent to the eastern boundary.

 

The Panel recommends proposed condition 20 be deleted as the Panel believes it is not necessary.

 

The Panel agrees with the Council officer's assessment of the proposed variation to the development standard in clause 7.13 of LLEP 2008.”

 

The Panel recommends that DA-1136/2014 for Torrens title subdivision to create eight lots at Lot 1 DP 1093146 be approved subject to conditions attached to the Council officer’s report, as amended.

 

The amendments to the conditions of consent as recommended by the Panel are supported and are reflected within the recommended amended conditions of consent attached.

 

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

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 Report for DA-1136/2014View (Under separate cover)

3.         IHAP recommendation for DA-1136/2014 View (Under separate cover)

4.         Recommended Amended Conditions of Consent  - DA-1136/2014View (Under separate cover)  


102

Ordinary Meeting 29 July 2015

Independent Hearing and Assessment Panel Report

 

IHAP 02

DA-964/2014 - Torrens title subdivision of two lots into 22 residential lots with associated road construction and drainage works.

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

161095.2015

Report By

Marcus JenneJohn - Senior Development Planner

Approved By

Lina Kakish - Manager Development Assessment

 

Property

Lot 1 DP 1194117 & Lot 1 DP 883895

 

2130 & 2140 Camden Valley Way, Edmondson Park

Owner

Remembrance Drive Pty Ltd

Applicant

Remembrance Drive Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-964/2014, proposing a 22 lot Torrens title subdivision at 2130 & 2140 Camden Valley Way, Edmondson Park.

 

The application was lodged on 31 October 2014.

 

This application was referred to the 22 June 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 development involves the creation of two lots with proposed widths of 4.9 metres at certain portions, representing a variation of 51%.

 

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) and the following changes:

 

·    The frontage to Lots 167 and 168 be widened to the fullest extent possible without reducing the areas of lots 166 and 169 below 450m² ; and

·    Proposed condition 4 and 61 be amended by deleting the words  'temporary road' in both conditions and inserting instead 'right of carriage way in favour of Liverpool City Council (to be extinguished upon the land burdened being dedicated as public road).'

 

RECOMMENDATION

 

That Council approves Development Application DA-964/2014 subject to the amended Recommended Conditions of Consent attached.

 

Background

 

Council has received and considered a development application DA-964/2014 proposing a 22 lot Torrens title subdivision at 2130 & 2140 Camden Valley Way, Edmondson Park.

 

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 development involves the creation of two lots with proposed widths of 4.9 metres, representing a variation of 51%.

 

The Site

 

The site is identified as Lot 1 in DP 1194117 and Lot 1 in DP 883895 and is located at 2140 and 2130 Camden Valley Way, Edmondson Park. The site is an irregular shaped allotment located on the southern side of Camden Valley Way. Lot 1 in DP 1194117 was created in DA-1246/2013 which approved a facilitating subdivision to create 3 allotments.

 

The subject site has an area of 1.34 hectares. The site also has a slope from east to west of approximately 5 metres. The subject site is currently vacant and fronted by Port Hedland Road and Normandy Road.

 

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

Figure 1: Aerial image of the subject site.

 

The context of the area is predominantly characterised by low density residential development. Work has commenced for a 50 lot low density residential development immediately south of the subject site under approved DA-1404/2013. Directly east of the site is a proposed subdivision. North-east and south-east of the subject site are recently subdivided low density residential allotments. To the north of the site across Camden Valley Way are low density residential allotments containing single and double storey detached dwellings. To the west of the subject site are large rural residential allotments. 

 

DA-467/2015 has been lodged recently and seeks approval for establishment of the remaining four lots (north-west corner) along Port Hedland Road.

 

Figure 2: The site and surrounding locality.

details of the proposal

 

The proposed development seeks consent for a 22 lot Torrens Title subdivision with associated road construction and drainage works. The proposal was referred to NSW Rural Fire Service as integrated development.  General Terms of Approval have been issued by the NSW Rural Fire Service. 

 

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

 

Variation to Clause 7.13 – Minimum lot width in Zones R1, R2, R3 and R4

 

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 Lots 167 and 168 fail 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 metres 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. Lots 167 and 168 propose a minimum lot width of 4.9m, representing a variation of 51% (see Figure 4 below).

 

Text Box: Lot 167 & 168

Figure 4: Lots 167 and 168

 

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 of the LLEP 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:

 

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

 

          (b)     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:

 

·    Front lot boundaries of lots 167 and 168 are constrained by the cul-de-sac and neighbouring lots 166 and 169 designed as per the minimum lot sizing at the site of 450m2

·    The width calculated from the frontage to the building lines of lots 167 and 168 exceeds 12m, allowing the proposed dwellings to be designed as per Liverpool DCP 2008 – Controls for residential development in the 17 dwelling/hectare area

·    All of the lots will be developed by Allan Homes, the parent company of Remembrance Drive Pty Ltd.

·    The proposed dwellings on lots 167 and 168 will be designed and sited to comply with the Liverpool DCP 2008 – Controls for residential development in the 17 dwelling/hectare area.

·    This is an integrated design outcome that provides for dwellings, on lot widths under the minimum, but will comply with the DCP housing controls

·    The integrated design outcome – housing and subdivision – dictates that strict compliance with the minimum lot width requirement is unnecessary.

·    The proposed dwellings can be physically accommodated on an individual Torrens Title lot with each dwelling having separate vehicular and pedestrian access to/from a public road and separate utility servicing arrangements, consistent with the surrounding residential development now underway.

 

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

 

·    Lots 167 and 168 reach a minimum width of at least 12m at the front building line, thus allowing sufficient lot area to construct a dwelling.

·    The cul-de-sac layout is required due to the previous road variation on Lot 2 DP 1063141 immediately north of the subject site (approved under DA-350/2013 – see Figures 5 & 6 below).

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

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

 

Figure 5: Cul-de-sac/road variation approved north of subject site

Figure 6: DCP road network & cul-de-sac/road variation approved north of subject site

 

Having regard to the above, it is considered that strict compliance with Clause 7.13(3) is unreasonable and unnecessary in this instance.

 

Independent Hearing and assessment panel

 

At their meeting on 22 June 2015, IHAP made the following recommendation:

 

“The Panel recommends that DA-964/2014 for Torrens title subdivision to create 22 residential lots and associated works at Lot 1 DP 1194117 and Lot 1 DP 883895, 2130 and 2140 Camden Valley Way, Edmondson Park be approved subject to the conditions recommended by Council officers as amended by these minutes.”

 

Specifically, the above recommendation was supported by the following comments:

 

1.    The Panel recommends that the street frontage for proposed Lots 167 & 168 be widened to the fullest extent possible without reducing the areas of Lots 166 & 169 below 450 square metres.

 

2.    The Panel agrees with the Council officer’s assessment of the proposed variation to the development standard in clause 7.13 of LLEP 2008.

 

The Panel recommends proposed conditions 4 and 61 be amended by deleting the words “temporary road” in both conditions and inserting the words “right of carriageway in favour of Liverpool City Council (to be extinguished upon the land burdened being dedicated as a public road).

 

The above recommendations made by the Panel are supported. The amended recommended conditions of consent reflecting the recommendations are attached.

 

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

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 and land owner detailsView (Under separate cover)

2.         IHAP report View (Under separate cover)

3.         IHAP Recommendations View (Under separate cover)

4.         Recommended Amended Conditions of Consent View (Under separate cover)  


110

Ordinary Meeting 29 July 2015

Independent Hearing and Assessment Panel Report

 

IHAP 03

DA-1059/2013 - Torrens title subdivision of two existing lots into four lots, alterations and additions to the existing single storey dwelling on 60 Passefield Street, demolition of existing dwelling and construction of a new dwelling on 62 Passefield Street; and construction of a new dwelling on proposed 60a and 60b Passefield Street, Liverpool

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

162848.2015

Report By

David Smith - Acting Coordinator Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 8 DP 215640 & Lot 9 DP 215640

60-62 Passefield Street, Liverpool

Owner

Mr R Paudel & Mrs S Patel

Mr B Khatri & Ms D Tamang

Applicant

ACA Design Consultants

 

 

Executive Summary

 

Council has received and considered a development application DA-1059/2013, proposing a Torrens title subdivision of two (2) existing residential lots into a total of four (4) lots; alterations and additions to the existing single storey dwelling on 60 Passefield Street including a first floor addition, and demolition of the existing detached garage; demolition of the existing dwelling over 62 Passefield Street and construction of a new two-storey dwelling; construction of a single storey dwelling on proposed 60a Passefield Street; and construction of a single storey dwelling on proposed 60b Passefield Street, Liverpool.

 

This application was lodged on 20 September 2013.

 

This application was referred to the 22 June 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 5 metre minimum width for an access handle. The proposed access handle width per allotment is 2.5m (5 metre shared between both allotments) representing a variation of 50%.

 

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

 

RECOMMENDATION

 

That Council approves Development Application DA-1059/2013 by way of Deferred Commencement consent, subject to the recommended conditions of consent attached to the Council officer’s IHAP report.

 

Background

 

Council has received and considered a development application DA-1059/2013 proposing a Torrens title subdivision of two (2) existing residential lots into a total of four (4) lots; alterations and additions to the existing single storey dwelling on 60 Passefield Street including a first floor addition, and demolition of the existing detached garage; demolition of the existing dwelling over 62 Passefield Street and construction of a new two-storey dwelling; construction of a single storey dwelling on proposed 60a Passefield Street; and construction of a single storey dwelling on proposed 60b Passefield 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 7.13 of the LLEP 2008, which prescribes the minimum access handle width for battle axe allotments. A minimum access handle width of 5m is required. The proposed access handle width per allotment is 2.5m (5m shared between both allotments) representing a variation of 50%.

 

The application was previously referred to the 23 March 2015 IHAP meeting with a recommendation for refusal. The primary reason for this recommendation was that the applicant had not provided satisfactory stormwater drainage plans. The IHAP agreed with the Council officers’ recommendation that the development application should be refused on this basis.

 

Council officers have since considered the option to enable an updated recommendation for a deferred commencement consent following a review of the most recent stormwater drainage information submitted with the application. It is appropriate that the application now be recommended for approval by way of a deferred commencement, given the proposal generally complies with the Council’s planning controls and; a deferred commencement consent requiring the applicant to prepare a detailed stormwater design and to ensure all architectural plans are consistent before the DA becomes operational, would satisfactorily address all outstanding issues relating to the application.

 

The Site

 

The site is identified as 60-62 Passefield Street, Liverpool, with legal description of Lot 8 and 9 DP 215640. The subject site has an area of 809.4m2 (60 Passefield Street) and 809.4m2 (62 Passefield Street)

 

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 the suburb of Liverpool (outside of the City Centre), which is characterised by residential development.

 

Subject Site

 

Figure 2: The site and surrounding locality.

 

details of the proposal

 

The proposed development consists of:

 

·    Demolition of the existing dwelling at No.62 Passefield Street, and demolition of all outbuildings on each lot.

·    Torrens title subdivision to create 4 lots, including two battle-axe shaped lots.

·    Alterations and additions to the existing single storey dwelling on 60 Passefield Street, including a first floor addition.

·    Construction of a new two-storey dwelling on 62 Passefield Street.

·    Construction of a single storey dwelling on each of the battle-axe shaped lots.

 

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 access handle width for battle axe allotments.

 

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 access handle width required by Clause 7.13 of the LLEP.

 

The proposed hatchet shaped lots are provided with an access handle with an overall width of 5 metres, which is intended to be for mutual use. This is facilitated via a right of carriageway over each lot, for the length of the access handle, with each lot containing half the area of the access handle. A reciprocal right of way is proposed over each lot to enable the mutual use of the access handle. Accordingly, the minimum width of the hatchet shaped lots is 2.5 metres and presents  a variation of 50%.

 

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 of the LLEP 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:

 

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

 

          (b)     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:

 

·    The objective of the control is to ensure that lot dimensions are able to accommodate residential development that is suitable for its purpose and is consistent with relevant development controls. The proposed subdivision of No's 60 and 62 Passefield Street, Liverpool complies with the minimum lot size requirements and average lot width requirements. Each lot is large enough to accommodate a future dwelling, vehicular access and private open space. The proposal complies with all other relevant controls of the LLEP.

 

·    The combined 5 metre width provides appropriate vehicular access to both battle-axe allotments and therefore satisfies the objective of the control.

 

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

 

·    The variation relates only to the width of the access handle and not the developable land area. The developable portion of the lots exceeds Council’s minimum lot size and lot width requirements as expressed in the LLEP. In this regard, suitable residential development will not be prevented from occurring despite the variation.

 

·    There is not one, but two hatchet shaped lots being proposed. If only one hatchet shaped lot were proposed, it would be essential that the access handle be compliant with the minimum lot width in order to enable vehicles to enter and exit the site. The provision of a shared access handle does not inhibit the capacity for vehicles to enter and exit the site.

 

·    As the two hatchet shaped lots are proposed as adjacent to each other, the development is still capable of achieving:

 

The overall minimum required access width of 5 metres necessary for a vehicular driveway 3 metre wide with 1 metre of landscaping on either side.

A shared access that will be formalised via a registered reciprocal vehicular right of way.

Minimal traffic impacts to Passefield Street by reducing the number of crossings.

Minimal impact on the number of kerb-side parking on Passefield Street

 

·    The development as proposed achieves the intent of the control, which is to provide for a 3 metre wide driveway that is sufficient for vehicle movements in and out of the site; and to provide significant separation or buffer to the residences adjoining the access handle via the provision of a 1 metre wide landscaped strip on either side.

 

·    A shared access handle serving two lots is acceptable and consistent with the character of the locality and the objectives of the zoning.

 

In consideration of these factors, it would be unreasonable to require that each hatchet shaped lot achieve the minimum 5 metres lot width for the access handle as it would result in negligible environmental benefit. There are sufficient environmental planning grounds to justify contravening the development standard in this case.

 

In addition to the matters raised above, it is important to note that Council resolved at its meeting dated 24 September 2014 to ‘adopt Draft Local Environmental Plan 2008 (Amendment No. 32) and forward a copy of the attached planning proposal and supporting documentation to the Department of Planning and Environment for finalisation’ after the proposal was publicly exhibited from 30 April to 4 June 2014. The amendment would specifically enable reciprocal rights of way each being 2.5m wide, to be provided, as proposed within this application.

 

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

 

The proposed deferred commencement consent conditions are required to be satisfied prior to the consent becoming operational. Condition 1 requires a detailed OSD and stormwater design to be submitted and approved by Council. Condition 2 requires all architectural plans to be updated showing the amended subdivision layout on all plans. Condition 3 requires a landscape plan to be prepared in accordance with Council’s requirements. Once these conditions have been satisfied, the Council can issue an operative consent.

 

Independent Hearing and assessment panel

 

At their meeting on 22 June 2015, IHAP made the following recommendation:

 

The Panel recommends that DA-1059/2013 for consolidation of two existing lots and creation of four lots at Lots 8 & 9 DP 215640, 60-62 Passefield Street, Liverpool be approved subject to conditions recommended by Council officers.

 

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

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.         IHAP ReportView (Under separate cover)

2.         IHAP RecommendationView (Under separate cover)     


117

Ordinary Meeting 29 July 2015

Business Improvement Report

 

DBI 01

Community Performance Report
4th Quarter Jun 2015

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Long-Term Financial Plan

File Ref

153719.2015

Report By

Miles Carter - Project Officer - Strategy and Performance

Approved By

Carole Todd - Director Business Improvement

 

 

Executive Summary

 

The quarterly Community Performance Report provides an overview of Council’s performance for the April to June period against the 4-year Delivery Program and Operational Plan and Budget 2014-15. It demonstrates operational achievements and provides information and statistics for key areas of Council’s operations during the quarter.

 

It is Council’s final Quarterly Report for the 2014-15 Operational Plan.

 

Council committed to delivering 137 ongoing activities, 75 short term actions and 16 strategic projects for the 2014-15 year. By the end of the June quarter, 96% of short term actions in the Delivery Program and Operational Plan were completed. Of the 4% of actions experiencing delays, 1% required attention and 3% were on hold.

 

Explanations for all delayed or on hold actions have been provided in the report.

 

RECOMMENDATION

 

That Council receives and notes the June Community Performance Report which outlines the progress of all principal activities contained in the 4-year Delivery Program and Operational Plan 2014-15.

 

REPORT

 

On 26 June 2013, Council adopted the Growing Liverpool 2023 Community Strategic Plan.

Growing Liverpool 2023 outlines the community’s vision and priorities for the Liverpool area and contains seven directions and corresponding strategies for Liverpool. It was developed following an extensive community consultation and engagement process. The Plan sets the direction for Council's operations and services for the next ten years.

 

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

 

The 4-year Delivery Program and Operational Plan 2014-15 is Council’s commitment to the community. It details the principal activities that Council will deliver towards achieving the community vision and directions outlined in Growing Liverpool 2023. Each principal activity has several actions for the 2014-15 year, these actions make up Council’s annual Operational Plan.

 

June 2015 Performance Report

 

Council determined to deliver 27 principal activities as part of its 4-year Delivery Program, with 212 specific actions for the 2014-15 year. Of this 137 were ongoing activities and 75 were short term actions.

 

The June 2015 Community Performance Report contains information on the progress of all principal activities, it showcases highlights during this period, provides a progress update for all of Council’s strategic projects and includes statistics on several areas of Council’s operations. It is attached under separate cover.

 

By the end of the June quarter, 96% of short term actions in the Delivery Program and Operational Plan were completed. Of the 4% of actions experiencing delays, 1% required attention and 3% were on hold. Explanations for all delayed or on hold actions have been provided in the report.

 

It is recommended that Council receives and notes the June 2015 Community Performance Report.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

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


Civic Leadership and Governance

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

 

 

ATTACHMENTS

 

1.         Community Performance Report June 2015 - To be provided under separate cover prior to the July Council meeting


119

Ordinary Meeting 29 July 2015

Chief Financial Officer

 

CFO 01

Borrowing to Refinance Existing Loan

 

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

138515.2015

Report By

Christian  Hope - Senior Financial Accountant

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

At its meeting on 21 June 2010, Council approved the refinancing of an existing loan with a balance of approximately $6.6 million. The loan agreement was for a period of five years at a fixed rate of 7.02% expiring in August 2015.

 

This report advises Council that it must now seek to enter into another refinancing agreement at the expiry of the current loan agreement on 10 August 2015. The balance of this loan as at 10 August 2015 will be approximately $4.45 million with a remaining period of 8 years.

 

RECOMMENDATION

 

That Council:

 

1.    That Council note the refinancing requirement of the 2007/2008 Loan program and authorise the Chief Executive Officer to accept the best quote offered and execute the loan agreement.

 

2.    That Council authorises affixation of the Council seal to the loan agreement.

 

 

REPORT

 

In accordance with the adopted 2007/2008 budget Council drew down loan of $7.25 million on 27 June 2008. Given the uncertainty in the financial markets at the time the loan was taken out with a fixed rate of interest for fifteen years renewable after 13 months. Since its inception this loan was refinanced on two occasions and the current agreement is due to expire in August 2015 leaving a principal balance of approximately $6.5 million. The loan history is as follows:

 

 

Loan History

Loan Amount

Interest Rate

Commencement Date

Expiry Date

Original Loan

$7.25m

Fixed @ 8.41%

27 June 2008

9 August 2009

1st Refinancing arrangement

$7.0m

Variable

9 August 2009

10 August 2010

2nd Refinancing arrangement

$6.5m

Fixed @7.2%

10 August 2010

10 August 2015

 

Council must seek to enter into another refinancing agreement at the expiry of the current loan agreement on 10 August 2015. The timing of this new refinancing arrangement is opportune given the current low interest rate environment hence reducing Council’s overall cost of capital. The balance of this loan as at 10 August 2015 will be approximately $4.45 million with a remaining period of 8 years from its original tenure of 15 years.

 

It is recommended that Council note the refinancing requirement of the 2007/2008 Loan program and authorise the Chief Executive Officer to accept the best quote offered and to execute the loan agreement with the Council seal

 

CONSIDERATIONS

 

Economic and Financial

Anticipated lower borrowing cost for the remaining duration of the loan in the current low interest rate environment.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil


121

Ordinary Meeting 29 July 2015

Chief Financial Officer

 

CFO 02

Report on Progress of Policy Review (Red Tape Reduction) Project

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Good Governance

File Ref

141105.2015

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

On 29 October 2014, Council resolved to review Council policies to reduce red tape.

 

Following an initial review of Council-adopted policies at its meeting on 16 December 2014, Council resolved that Council policies be reviewed within 12 months in accordance with a timetable attached to that Council report.

 

The attachment to this report provides Council with an update as to the progress of the Red Tape Reduction Project.

 

RECOMMENDATION

 

That Council receive and note this report.

 

REPORT

 

On 29 October 2014, Council passed a resolution directing Council staff to commence a review of Council policies so as to reduce red tape and deliver greater efficiency.

 

Following an initial review of Council-adopted policies at its meeting on 16 December 2014, Council resolved that Council adopted-policies be reviewed within 12 months in accordance with a timetable attached to that Council report. (For the sake of this report, the word “policy’ also refers to codes and charters.)

 

Council directors and managers who are “policy owners” have been contacted regularly since last December by the Governance Coordinator to ensure that the timetable for the review, as determined by Council, is met.

 

The attachment to this report sets out the current position in relation to progress of the review of Council-adopted policies. It should be noted that the creation of a new business unit, the appointment of two new managers and some complex issues relating to drafting enforcement policies have delayed progress with the review of a number of Planning and Growth policies. It is anticipated, however, that these policies and all other outstanding policies for which other departments are responsible will be reviewed by Council by the end of this year.

 

Since 29 October 2014, 32 policies have been reviewed by Council, six new policies have been adopted by Council and nine policies have been revoked by Council. (There are currently 44 Council-adopted policies and 20 Council charters.)

 

As well as the review of Council-adopted policies, all Council internal (operational) policies and procedures have been or are being reviewed by Council business unit “policy owners”. There are currently 60 Council internal policies and 28 Council procedures (excluding WHS and Children’s Services Procedures) listed in Council’s Policy and Procedure Register. As of the date of this report, five internal policies and eight procedures have been revoked by the CEO, under his delegated authority, since 29 October 2014.

 

Substantial progress has been made in ensuring that Council policies and procedures are produced with similar formatting and, where possible, procedures and forms are attached to policies. The use of technical words, jargon, Latin abbreviations and words no longer used in everyday speech is being discouraged in the drafting of policy documents in favour of the use of plain language so that policies are clearly understood by their readers and not just by their authors. 

 

A final report on the progress of the review will be prepared for the Council meeting to be held on 16 December 2015.

 

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

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

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

 

1.         Council-Adopted Policies for Review (Red Tape Policy Review Project) in 2015View  


127

CFO 02

Report on Progress of Policy Review (Red Tape Reduction) Project

Attachment 1

Council-Adopted Policies for Review (Red Tape Policy Review Project) in 2015

 


 


 


 


128

Ordinary Meeting 29 July 2015

Chief Financial Officer

 

CFO 03

Review of Ethical Governance: Conflicts of Interest Policy

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Good Governance

File Ref

147375.2015

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

Council originally adopted its Ethical Governance: Conflicts of Interest Policy on 23 May 2011. Minor changes were made to the policy by the Chief Executive Officer under delegation on 16 August 2013.

 

The policy has now been reviewed and only minor changes have been made. It is recommended that Council note this report and adopt the policy, as attached to this report.

 

RECOMMENDATION

 

That Council:

 

1.    Note this report; and

 

2.    Adopt the Ethical Governance: Conflicts of Interest Policy, as attached to this report.

 

REPORT

 

Council originally adopted its Ethical Governance: Conflicts of Interest Policy on 23 May 2011 in accordance with an ICAC recommendation to all NSW councils to adopt such a policy. Minor changes were made to the policy by the CEO under delegation on 16 August 2013, mainly to the forms attached to the policy.

 

The policy is now due for review by Council in line with the Red Tape Policy Review Project timeline.

 

Only minor changes have been made to the policy (highlighted in red type), including a new form and clear processes for non-Councillor members of Council committees to declare any conflict of interest to Council.

 

 

The policy supplements the provisions relating to conflict of interests contained in part 4 of Council’s Code of Conduct.

 

It should be noted that, for recordkeeping purposes, all completed conflict of interest forms are countersigned by the CEO and then recorded by Council’s Governance Coordinator in a Council register.

 

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.         Draft Ethical Governance: Conflicts of Interest PolicyView (Under separate cover)  


130

Ordinary Meeting 29 July 2015

Chief Financial Officer

 

CFO 04

Review of Code of Conduct and Code of Conduct Procedures

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Good Governance

File Ref

147997.2015

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

Council adopted its current Code of Conduct (the Code) and Code of Conduct Procedures (the Procedures) on 6 February 2013. The Code and the Procedures were further reviewed by Council on 23 December 2013.

 

The Code and the Procedures have been reviewed and only minor changes have been made. It is recommended that Council note this report and adopt the Code and the Procedures, as attached to this report.

 

RECOMMENDATION

 

That Council:

 

1.    Note this report; and

 

2.    Adopt the Code of Conduct and Code of Conduct Procedures, as attached to this report.

 

REPORT

 

Section 440(3) of the Local Government Act 1993 (the Act) states:

 

"A council must adopt a code of conduct (the "adopted code") that incorporates the provisions of the model code. The adopted code may include provisions that supplement

the model code."

 

Further, section 440 AA(3) of the Act states:

 

"A council must adopt a procedure (the adopted procedure) that incorporates the provisions of the model procedure. The adopted procedure may include provisions that supplement the model procedure."

 

On 6 February 2013, Council adopted the Model Code of Conduct and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, issued by the then Division of Local Government, as its own Code and Procedures. The Code and the Procedures came into effect on 1 March 2013.

 

Minor changes to the Code, including mediation guidelines, were made to the Code and the Procedures when they were reviewed by Council on 23 December 2013.

 

The Code and the Procedures are now due for review by Council in line with the Red Tape Policy Review Project timeline.

 

Only minor changes have been made to the current Code and Procedures (highlighted in red type), including references to the OLG (Office of Local Government) instead of the Division, and formatting changes in accordance with current Council policy template.

 

It should be noted that the Governance Coordinator is Council’s Complaints Coordinator, as required by the Procedures.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

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

 

 

ATTACHMENTS

 

1.         Draft Code of ConductView (Under separate cover)

2.         Draft Code of Conduct ProceduresView (Under separate cover)  


132

Ordinary Meeting 29 July 2015

Chief Financial Officer

 

CFO 05

Review of Legal Services Policy

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Long-Term Financial Plan

File Ref

148401.2015

Report By

Chris White - Manager Governance & Legal

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

Council’s Legal Services Policy has been reviewed, and is now reported to Council for consideration.

 

Minor changes only are suggested, primarily based on Council’s new structure.

 

Approval of the reviewed policy is recommended.

 

 

RECOMMENDATION

 

That Council approve and adopt the revised Legal Services Policy, included as Attachment 1 to the report of staff.

 

REPORT

 

Council’s Legal Services Policy is now due for review.

 

Staff have reviewed the policy.  A copy of the proposed revised policy is included as Attachment 1 to this report.

 

The primary changes are summarised as follows:

 

1.   The revised policy recognises Council’s new organisational structure, including the roles of Chief Financial Officer and General Counsel, Manager Governance and Legal Services (replacing the previous roles of Group Manager Governance and General Counsel / Deputy General Counsel as they existed at the time the policy was created).

2.   The revised policy recognises the need for the CEO to obtain advice independently from time to time;

3.   The revised policy adds responsibility for tribunal requests relating to privacy and/or government information to the Legal Services team;

4.   The revised policy seeks to reduce red tape by eliminating the need for a form to be completed to initiate a request for legal services;

5.   The revised policy confirms Council’s resolution of 24 September 2014, seeking quarterly reports on the ongoing legal affairs of Council.

 

Staff recommend approval of the revised policy.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

Minimise household and commercial waste.

Manage the environmental health of waterways.

Manage air, water, noise and chemical pollution.

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

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


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

Act as an environmental leader in the community.

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

 

1.         Draft Revised Legal Services Policy


143

CFO 05

Review of Legal Services Policy

Attachment 1

Draft Revised Legal Services Policy

 


 


 


 


 


 


 


 


 


143

Ordinary Meeting 29 July 2015

Chief Financial Officer

 

CFO 06

Review of the Civic Expenses and Facilities Policy

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Good Governance

File Ref

149130.2015

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

Section 252(1) of the Local Government Act 1993 (the Act) requires that Council adopt or amend a policy annually for the payment of expenses and provision of facilities to the Mayor

and Councillors. The Mayor and Councillors are entitled to be paid fees, to receive reimbursements for expenses and to be provided with facilities in accordance with such a policy. Council’s current policy is known as the Civic Expenses and Facilities Policy.

 

On 26 May 2015, Council adopted the attached policy in principle, subject to public exhibition, as required under section 253(1) of the Act. The two main changes made to the policy are the amounts set out in the statement of remuneration for the Mayor and Councillors (in the table to clause 4.1.2) and the insertion of a new clause 4.17, providing for the voluntary contribution from fees payable to the Mayor and Councillors to complying superannuation funds.

 

In accordance with section 253(1) of the Act, the attached policy was publicly exhibited. As at the date of the drafting of this report, no public submissions have been received. If any public submissions are received after this date, they will be the subject of a supplementary report to Council.

 

It is noted that clause 4.5.1(d) has required clarification so that the postal allowances mentioned are per Councillor and not for all Councillors, reflecting the intention of previous resolutions of Council relating to this policy. This does not require public exhibition.

 

It is recommended that Council note this report, adopt the policy attached to this report, and provide a copy of the policy and the related public notice to the Chief Executive of the Office of Local Government within 28 days of the date of this Council resolution.

 

RECOMMENDATION

 

That Council:

 

1.   Note this report;

 

2.   Adopt the Civic Expenses and Facilities Policy, as attached to this report; and

 

3.   Provide a copy of the attached policy and the related public notice to the Chief Executive of the Office of Local Government within 28 days of the date of this Council resolution.

 

REPORT

 

Section 252(1) of the Act requires that Council adopt or amend a policy annually for the payment of expenses and provision of facilities to the Mayor and Councillors.

 

The Local Government Remuneration Tribunal (the LGRT), an independent tribunal, makes an annual determination of fees paid to mayors and councillors throughout NSW, based on the size of particular councils. This year’s determination was handed down on 13 April 2015, recommending an increase in fees of 2.5% for the 2015/2016 financial year. The fee range determined for the category in which Liverpool is placed (Metropolitan Centre), has the following minimum and maximum range as determined by the Tribunal on 13 April 2015:

 

Councillor

Mayor*

Minimum Annual Fee

Maximum

Annual Fee

Minimum

Annual Fee

Maximum Annual Fee

$12,520

$23,370

$26,600

$62,090

* NOTE: This fee must be paid in addition to the fee paid to the

              Mayor and Councillors as per section 249(2) of the Act.

 

Clause 4.1.3 of Council’s current policy states:

 

As a policy objective, the annual fee paid for Councillors and the Mayor will be equivalent to the maximum fee as recommended by the Tribunal. This objective recognises that Liverpool is a rapidly growing Council, requiring enormous effort in managing this growth while simultaneously ensuring that the existing population is supported and well served.

 

Therefore, it is recommended that the fees payable to the Mayor and Councillors be consistent with the maximum for the Metropolitan Centre category, determined by the LGRT on 13 April 2015 and set out in clause 4.1.2 of the attached policy. The new fees will be payable monthly in arrears from 1 July 2015.

 

Apart from the changes to the fees payable to the Mayor and Councillors, the other main change to the previous policy, approved by Council on 24 June 2014, is the insertion of a new clause 4.17, providing for the voluntary contribution from fees payable to the Mayor and Councillors to complying superannuation funds.

 

In addition to the main changes referenced above, a minor amendment has been made to Clause 4.5.1(d) to clarify that postal allowances are per Councillor (and not a total sum for all Councillors). This minor amendment clearly reflects the Council resolution of CORS 08 of the Council meeting 19 December 2011. There is no requirement to publicly exhibit this minor amendment.

 

In accordance with section 253(4) of the Act, a copy of the policy must be forwarded to the Chief Executive of the Office of Local Government within 28 days of its adoption.

 

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.         Civic Expenses and Facilities Policy Adopted in Principle by Council 26 May 2015View  


163

CFO 06

Review of the Civic Expenses and Facilities Policy

Attachment 1

Civic Expenses and Facilities Policy Adopted in Principle by Council 26 May 2015

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


164

Ordinary Meeting 29 July 2015

Chief Financial Officer

 

CFO 07

Local Government NSW Annual Conference

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Long-Term Financial Plan

File Ref

164583.2015

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Gary Grantham - Chief Financial Officer

 

 

Executive Summary

 

A report was submitted to the 17 June 2015 Council meeting in relation to the Local Government NSW Annual Conference which will be held at Rosehill Gardens Racecourse, Rosehill from Sunday 11 October to Tuesday 13 October 2015.

 

This report addresses the proposed motions to be submitted to the Conference and the number of voting delegates which Liverpool Council will be entitled to.

 

RECOMMENDATION

 

That Council: 

 

1.   Endorse the key issues to be submitted for consideration at the Local Government NSW Annual Conference 2015.

 

2.   Notes that further information will be provided to Councillors in relation to number of voting delegates that Liverpool will be entitled to when it comes to hand.

 

REPORT

 

At the 17 June 2015 Council meeting, Council resolved that:

 

1.   Any Councillors who wish to attend the 2015 Local Government NSW Annual Conference notify the Councillor Support Officer.

 

2.   Staff prepare a report to the July 2015 Council meeting to consider proposed motions to be submitted to the Conference and provide an update on the number of voting delegates for Liverpool City Council.

 

The Mayor and all Councillors (except Councillor Waller) will be attending the Conference.

 

In accordance with point 2 of the June 2015 Council resolution, this report addresses the proposed motions to be submitted to the Conference.

 

The Board of Local Government NSW have resolved that motions will be included in the Business Paper for the Conference where they:

 

1.   Are consistent with the objects of the Association (Rule 4 of the Association’s rules);

 

2.   Relate to Local Government in NSW and/or across Australia;

 

3.   Concern or are likely to concern Local Government as a sector;

 

4.   Seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

 

5.   Have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

 

6.   Are clearly worded and unambiguous in nature; and

 

7.   Do not express preference for one or several members over one or several other members.

 

Motions are to be submitted to the Association by 24 August 2015.

 

It is recommended that Council submit the following issues to be considered for inclusion in the Conference Business Paper:

 

1.   Licensing Brothels in NSW (considered by Council at its meeting in October 2014)

Motion

Call upon the NSW government to urgently proceed with the proposed licensing laws for sex industry premises including brothels that should empower police and the local Council to oversee the brothel industry in their local area and apply for suspension or cancellation of brothel licenses if they are shown to operate illegally or not in the public interest.

 

2.   Train service from Liverpool to Sydney CBD (considered by Council at its meeting in November 2014) 

Details of issue

Sydney is fast becoming a polycentric city, that is, one with multiple CBDs with high value jobs available close to high-density quality housing, public transport and health services. This means we need to start thinking about immediate measures we can take to ensure our population growth continues to be sustainable within this model of growth, and that Liverpool and greater South West Sydney continues to be an attractive place to live.

 

It’s time to start planning infrastructure that will facilitate our rapidly growing population. The welcome announcements from the Federal and New South Wales State Governments that they will be spending around $3billion on upgrades to road and rail associated with the second international airport at Badgerys Creek are placing us on the right track to a sustainable future.

 

Part of this burgeoning polycentric model of Sydney, is express public transit services which link the CBDs of Sydney. As yet, Liverpool is not linked with such a service. 

 

Motion

Call upon the NSW Government to plan for an express train service from Liverpool to Sydney CBD.

 

Notes the significant capital investment in the Sydney Trains network that is currently underway, and the planned upgrades that are connected to the proposing leasing of the poles and wires in NSW.

 

Notes that when the line to Liverpool was electrified a train from Liverpool to Central Station would take 45 minutes, and now most trains from Liverpool to Central Station take more than 50 minutes.

 

Notes that with the opening of the South West Rail Link, that more services will be arriving in Liverpool CBD for residents hoping to be connected to employment options by public transport. Liverpool’s regional city status and rapid growth require efficient public transport in order to support employment and economic development in the region.

 

3.   Moorebank Intermodal Terminal (considered by Council at its meeting in June 2015)

 

Details of issue

On 3 June 2015, the Federal Government’s Moorebank Intermodal Company signed an agreement with the Sydney Intermodal Terminal Alliance for the development of the Moorebank Intermodal Terminal.

 

It’s recognised that Sydney’s growth requires more intermodal facilities and Councils support the need for a new intermodal, but not at this location. The Badgerys Creek airport presents a real opportunity to rethink this decision and plan for the intermodal next to the new airport in a purpose built site ideally located next to an international airport and transport infrastructure, without the negative impacts on the local community that the Moorebank proposal will represent.       

 

Motion

Express concerns to the State Government about the adverse impacts of an intermodal at Moorebank, particularly on the local road network and local residents.

 

Seek further opportunities to engage directly with State and Federal Ministers on the proposed intermodal.

 

Propose that the new intermodal be located next to the Badgerys Creek airport site.

 

4.   Affordable Housing (recommended by Executive Team)

Details of issue

While the complex policy factors that influence housing cost are mainly controlled by

national and state governments, the social and environmental impacts of poor housing affordability are felt largely at the local level.

 

Local Government does not have the resources to make a direct financial contribution to affordable housing. Rather, Council’s seek to facilitate the increased supply of affordable housing using the planning tools at hand; yet existing planning policy does not enable local government the means to ensure adequate levels of affordable housing to meet the demands of the community. In recent years NSW has seen strong increases in supply, however this has had little effect on housing affordability. Increasing supply will only make a difference if it is specifically targeted to the lower end of both the home ownership and rental markets.

 

Motion

Liverpool City Council calls upon the NSW Government to better equip and support Councils facilitate greater affordable housing provision at a local level by:

 

•     Setting aspirational targets in the Metropolitan Strategy of at least 15 per cent of the additional dwellings in the Sydney region as a whole provided as affordable housing; and

•     Working in partnership with local Councils and other key stakeholders including financial institutions to identify models of best practice and related systems of finance to increase the supply of affordable housing.

 

Voting

 

This year the Conference will involve two types of voting.

 

The Association’s rules mean that they will develop two rolls of voters, one for voting in the elections for Office Bearers and the Board, and a separate roll of voters for voting on motions.

 

Council will need to nominate the names of their voting delegates for voting on motions and, where applicable, the names of their voting delegates for voting in the elections for Office Bearers and the Board. The Association will notify member Councils of the number of both types of voting delegates that they are entitled to send to the Conference in approximately July 2015. Each member must nominate its delegate(s) to the Conference by 18 September 2015.

 

At the time of preparing this report, no advice had been received from the Association on the number of voting delegates that Liverpool is entitled to. Once information on this matter has been received from the Association, it will be provided to Councillors.

 

CONSIDERATIONS

 

Economic and Financial

Costs will be approximately $2,000 per delegate for registration, travel, accommodation (if required) and meals.

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.

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

 

Nil


169

Ordinary Meeting 29 July 2015

Chief Financial Officer

 

CFO 08

Investment Report June 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

167690.2015

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 30th June 2015, Council held investments with a market value of $151.6 million. The portfolio yield for twelve months ended was 3.86 per cent exceeding the benchmark of 2.60 per cent by 126 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.

 

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 30th June 2015, Council held investments with a market value of $151.6 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:

 

 

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

 

Asset Class

JUNE -15

Jun-14

Senior Debts (FRN’s & *TCD’s)

100.49 %

 101.48%

MBS (Reverse Mortgage Backed Securities)

  66.01 %

  60.14%

Total

  97.35%

  91.64%

* A TCD stands for Transferrable Certificate of Deposit; it is a security issued with the same characteristics as a   Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).

 

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.

 

Portfolio Maturity Profile

 

The table below shows the percentage of funds invested at different durations to maturity

Security Type

Amount

% Holdings

Term to Maturity Policy Limit

Tradeable Securities (liquid assets)

31,810,612

20.98%

100%

Cash & Cash at Call

10,777,061

7.11%

100%

Term Deposits  < 1 Year

44,000,000

29.03%

100%

Term Deposits 1 to < 3 years

33,000,000

21.77%

60%

Term deposits 3 to < 5 Years

32,000,000

21.11%

25%

 Total Portfolio Holdings

151,587,673

100.00%

 

 

Market Value by Issuer

 

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

 

 

 

Credit Rating

 

 

Bank

 

 

Sum of Market Value

 

 

%

Holding

 

 

Institutional Policy Limit

Credit Rating Category Policy Limit

Fitch A

Emerald Reverse Mortgage

278,055

0.18%

25%

60%

Fitch BBB+

Heritage Bank

3,013,350

1.99%

15%

50%

Moodys P-1

Rabo Bank

9,000,000

5.94%

35%

100%

S&P A

Bank of China

1,012,680

0.67%

25%

60%

Emerald Reverse Mortgage

523,650

0.35%

25%

60%

S&P A-

Bank of Queensland

2,007,900

1.32%

25%

60%

Bendigo Adelaide Bank

3,022,030

1.99%

25%

60%

S&P A+

Suncorp Metway

2,011,660

1.33%

25%

60%

S&P A1

AMP

1,470,014

0.97%

35%

100%

S&P A1+

Commonwealth Bank

9,307,047

6.14%

45%

100%

National Australia Bank

33,000,000

21.77%

45%

100%

S&P A2

Bank of Queensland

27,000,000

17.81%

25%

60%

ME Bank

3,000,000

1.98%

25%

60%

Police Credit Union

2,000,000

1.32%

25%

60%

My State Bank

2,000,000

1.32%

25%

60%

Police & Nurses Bank

11,000,000

7.26%

25%

60%

S&P AA-

Westpac

4,000,000

2.64%

35%

100%

ANZ

703,829

0.46%

35%

100%

National Australia Bank