Liverpool City Council

Business Paper

 

 

 

 

Council Agenda

 

 

 

 

 

 

 

 

Ordinary Council Meeting

28 October 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Francis Greenway Centre

170 George Street

Liverpool


Description: LCC_bw_logo 

 

 

 

 

 

 

 

 

 

 

 

 


You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 28 October 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 30 September 2015 and reconvened on 6 October 2015 9

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NOM 01          Interfaith Functions 2015.............................................................................. 105......... 1

NOM 02          Fiscal Restraint............................................................................................. 107......... 2

NOM 03          Council Policy and Media Announcements.................................................. 109......... 3

NOM 04          Welcoming the Wanderers W-League Team to Liverpool........................... 112......... 4

NOM 05          Law & Order.................................................................................................. 114......... 5

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

IHAP 01          DA-1162/2014 - Construction of a food and drink premises with 24 hour operation on proposed Lot 1 created in DA-1106/2014 at 501 Cowpasture Road, Len Waters Estate                                                                                                                        116......... 6

IHAP 02          DA-997/2014 - Subdivision of proposed Lot 207 (approved under Development Consent No.508/2013) into two Torrens title lots at 291 Green Valley Road, Green Valley   123 7

IHAP 03          DA-439/2015 - Demolition of existing structures and construction of a seven (7) double storey multi dwelling housing development at 283-285 Newbridge Road, Chipping Norton                                                                                                                       132......... 8

IHAP 04          DA-998/2014 - Subdivision of proposed Lot 9 and Lot 10 (as approved under Development Consent No. DA-507/2013) into four Torrens title lots at 315 Green Valley Road, Green Valley...................................................................................... 137......... 9

 

IHAP 05          DA-1183/2014 - Construction of 24 detached dwellings and community title subdivision on proposed development Lots 7 and 8 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985 within the former New Brighton Golf Course at Lot 31 Brickmakers Drive, Moorebank................................................................... 146....... 10

IHAP 06          DA-850/2014 - Construction of a Rural Fire Service Station at Corner Lot 1 Twenty Seventh Avenue, West Hoxton.................................................................... 153....... 11

Development Application Determination Report

NIL

Chief Executive Officer Report

CEO 01          Corporate Sponsorships............................................................................... 161....... 12

Business Improvement Report

NIL

Chief Financial Officer

CFO 01           Tabling of the Annual Pecuniary Interest Returns for Councillors and Designated Persons                                                                                                                       164....... 13

CFO 02           Investment Report September 2015............................................................ 166....... 14

CFO 03           Timing of Committee Meetings ................................................................... 175....... 15

CFO 04           Annual Financial Reports 2014/15................................................................ 183....... 16

CFO 05           Councillor Transparency............................................................................... 188....... 17

City Presentation Report

NIL

Community and Culture Report

DCC 01          Domestic Violence in Liverpool LGA............................................................ 231....... 18

DCC 02          Grants and Donations................................................................................... 245....... 19

DCC 03          Planning for Toilets in Council Reserves...................................................... 250....... 20

Economy and Engagement Report

DEE 01           Pump House (Coffee Shop), Bigge Park..................................................... 256....... 21

DEE 02           Small Business Workshops.......................................................................... 260....... 22

DEE 03           Review of Outgoing Corporate Sponsorship Policy..................................... 273....... 23

Infrastructure and Environment Report

NIL

Planning and Growth Report

DPG 01          Outdoor Signage and Outdoor Product Displays......................................... 302....... 24

DPG 02          Update on proposed Northumberland and George Streets conversion to two-way traffic flow................................................................................................................ 305....... 25

DPG 03          Draft Liverpool Local Environmental Plan 2008 (Amendment 55) - Permit additional uses (service station and take away food and drink premises) at 1-5 Yato Road, Prestons 313                                                                                                                         26

DPG 04          Draft Liverpool Local Environmental Plan 2008 (Amendment 46) - Macleod Park Master Plan............................................................................................................... 316....... 27

DPG 05          Animal Management Policy.......................................................................... 319....... 28

DPG 06          Outcome of Public Exhibition - Proposed New 3D Imaging Fees............... 321....... 29

DPG 07          Air Quality Monitoring................................................................................... 325....... 30

Property and Commercial Development Report

DPC 01           Classification of Lot 1104 DP 2475, 75 Fifth Avenue, Austral, Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill and Lot 2 and 3 DP 1208552, 350-354 Macquarie Street, Liverpool, as 'Operational' land..................................................................... 330....... 31

Committee Reports

CTTE 01         Minutes of the Budget and Finance Committee held on 7 October 2015.... 336....... 32

CTTE 02         Minutes Aboriginal Consultative Committee Meeting  held on the 2 September 2015 341                                                                                                                         33

CTTE 03         Minutes of the Street Naming Committee meeting held on 27 August 2015 348        34

CTTE 04         Meeting Notes of the Liverpool Youth Council Meeting held on Tuesday 1 September, 2015 and Minutes of the Liverpool Youth Council Meeting held on Tuesday 6 October, 2015 ............................................................................................................. 368....... 35

CTTE 05         Minutes of the Local Traffic Committee Meeting held on 23 September 2015 381    36

CTTE 06         Minutes of Economic Development and Events Committee meeting held 5 October 2015                                                                                                                       386....... 37

CTTE 07         Draft Minutes of Planning and Development Committee Meeting held on 7 October 2015                                                                                                                       431....... 38

CTTE 08         Minutes of Committee for Liverpool Meeting held 29 September 2015...... 437....... 39

Questions with Notice

QWN 01         Question with Notice - Clr Stanley................................................................ 442....... 40

QWN 02         Question with Notice - Clr Stanley................................................................ 449....... 41

QWN 03         Question with Notice - Clr Stanley................................................................ 452....... 42

QWN 04         Question with Notice - Clr Stanley................................................................ 454....... 43  

Questions Taken on Notice

Presentations by Councillors

Council in Closed Session

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

 

 

 

 
CONF 01        Moorebank Voluntary Acquisition Scheme

Reason:     Item CONF 01 is confidential pursuant to the provisions of s10(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.

 

CONF 02   Tender WT1390 – Design and Supply of Multi and Single Function Poles

Reason:     Item CONF 02 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 03   Key Sites Master Planning Steering Committee Minutes from Meeting held 6 October 2015

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   Tender for the Liverpool Engagement Strategy

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   Acquisition of Lot 1 DP 153264, 37 Scott Street, Liverpool, for road purposes

Reason:     Item CONF 05 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.  

Close


 

 

 

 

 

THIS PAGE IS BLANK

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


 

 

 

 

 

THIS PAGE IS BLANK

 
 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 


MINUTES OF THE Ordinary Meeting

HELD ON 30 September 2015 AND RECONVENED ON 6 OCTOBER 2015

 

 

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone (arrived at 7.35pm)

Councillor Ristevski (arrived at 7.35pm)

Councillor Shelton

Councillor Stanley

Councillor Waller

Mr Gary Grantham, Acting Chief Executive Officer

Ms Toni Averay, Director Planning and Growth

Ms Kiersten Fishburn, Director Community and Culture

Mr Michael Cullen, Director Economic Development

Ms Carole Todd, Director Business Improvement

Mr John Morgan, Director Property and Commercial Development

 

 

The meeting commenced at 6.13pm.

 

 

OPENING                              6.13pm

PRAYER                               The prayer of the Council was read by Father Remy Lam Son Bui from All Saints Catholic Parish, Liverpool.

APOLOGIES                         Nil


 

CONDOLENCES               

 

Chris Dunn – read by Clr Stanley

 

It is with deep regret that I advise Council of the sad passing of Mr Chris Dunn. Chris was a long term resident of Liverpool making his home at Hinchinbrook. Chris passed away on 30th August 2015, after a long illness. He started work after completing an apprenticeship working for more than 20 years for Sydney Water. Chris’s contribution to the local community was diverse and invaluable; he was a life member of Parents without Partners and also a volunteer bus driver for South West Community transport and drove buses for James Busby High School and several other Liverpool community groups. He was also a member of Liverpool wood-turners guild and made wooden toys for local children, hospitals and communities in need. Mr Chris Hayes described him recently in Federal Parliament “as a very popular, gregarious and larger-than-life character, always there to help when needed.”

 

Chris Dunn was a long term member of the Labor Party and because of his wish to help his community ran for Liverpool Council twice once in 1999 falling just short of the required votes to be elected and again in 2008.

 

A number of staff in Council’s Community Planning and Development worked closely with Chris in his capacity as a local volunteer and were saddened by his passing. They have asked that their appreciation for his work be noted and they wish to pass on their condolences to Chris’s family. The staff have provided the following thoughts about Mr Dunn: “for many years Chris was a volunteer bus driver for the Mayoral Concert, Discovery Tours, Sorry Day and other community programs. There was always praise given for Chris’s gentle and kind nature. Chris was also involved in the Hinchinbrook Management Committee for many years. A valuable volunteer, Chris will be remembered as a lovely gentleman, who assisted Council on many occasions through his volunteer work. Chris was a nice and caring person.”

 

I offer my condolences to his family, especially his wife, Sue, and his mother, Margaret. I ask Council to provide a copy of this motion and Council condolences to his family.

 

RECOMMENDATION:

 

That Council:

 

  1. Express its deepest sympathy to Mr Dunn’s family, especially his wife, Sue and his mother, Margaret.

 

  1. Provide a copy of this motion and a letter of Condolence to his family.

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 

 

Confirmation of Minutes

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadid

 

That the minutes of the Ordinary Meeting held on 26 August 2015 and the Extraordinary Meeting held on 2 September 2015 be confirmed as a true record of that meeting subject to the minutes of the 26 August 2015 meeting being corrected (on page 45) on CFO 01 (Nomination for Liverpool Cit Council member on Luddenham Quarry Community Consultative Committee) to show that Councillor Harle was the Councillor nominated to represent Council on the Committee.

 

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

 

Declarations of Interest

Clr Stanley declared a pecuniary interest in the following Item:

 

Item NOM 09: Phase Three Land Reclassifications and Rezonings

Reason: Clr Stanley owns property in the area of one of the parks in question.

Clr Stanley left the Chambers for the duration of the Item.

 

 

Clr Shelton declared a pecuniary interest in the following Item:

 

Item CONF 12: ST2483 Provision of Expert Legal Services

Reason: Clr Shelton has had business dealings with various tendering parties.

 

Clr Shelton left the Chambers for the duration of the Item.

 

 

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

 

Item DCC 03: Grants and Donations

Reason: One of the proposed recipients of a donation is a family friend and their father lives in his investment property.

 

Mayor Mannoun left the Chambers for the duration of the item.

 

Public Forum

 

Presentation – Items not on agenda

 

  1. Ms Marella Harris addressed the Council on offensive noise and investigations.

 

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

 

That a two minute extension of time be given to Marella Harris.

 

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

 

 

Representation – Items on agenda

 

1.    Ms Lisa Warton addressed the Council on the following Item:

 

NOM 09 - Phase Three Land Reclassifications and Rezonings

 

Motion:                                  Moved: Clr Shelton              Seconded: Mayor Mannoun

 

That a two minute extension of time be given to Lisa Warton.

 

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

 

2.    Mr Peter Maatouk addressed the Council on the following Item:

 

NOM 03 - Investigation into allegations made in NSW Legislative Council about Liverpool Council

 

Clr Stanley asked that her concerns regarding the legality of Mr Maatouk’s comments be noted.

 

3.    Ms Rima Katrib addressed the Council on the following Item:

 

NOM 07 - Pump House (Coffee Shop) Bigge Park Liverpool

 

4.    Mr Joseph Rodi addressed the Council on the following Item:

 

NOM 04 - Housing Crisis

 

5.    Ms Melinda Cruz will address Council on the following Item:

 

NOM 08 - Action Forum for the Women of the Western Sydney Region

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

 

That a two minute extension of time be given to Melinda Cruz.

 

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

 

 

6.    Ms Ruby Walker addressed Council on the following Item:

 

NOM 09 - Phase Three Land Reclassifications and Rezonings

 

 

 

Mayoral Minute

SUBJECT: Support and Encouragement for UNSW Landscape Architecture Students

As part of UNSW’s landscape architecture undergraduate degree program, 3rd year students are currently undertaking a course titled “landscape design 6: design with a complex program”.   Their task is to provide a comprehensive vision for the riverfront lands, extending from Liverpool hospital in the north east, to Light Horse Park in the south, and present ideas to reconnect Liverpool City Centre with the east bank of the river.

 

On Monday 17 August, Council hosted a one-day intensive design charrette for 45 students.  These students worked together in small groups of 4-5 persons and develop initial ideas for a master plan which could be refined throughout the semester.   Also in attendance were staff from Council’s City Design, Community Planning, Property Services, and Library Heritage sections, who provided background information and history of the study area, as well as advice and feedback on the numerous great ideas presented by students.

 

Council was thanked by UNSW for the generous support thus far and look forward to continuing engagement.  As a result, UNSW has invited Council to further assist students by involvement in a juror panel to help determine the most outstanding master plan.

 

RECOMMENDATION:

 

That Council:

 

  1. Acknowledges that new ideas by students can contribute to Building Our New City.

 

  1. Acknowledges the role of landscape design in the future development of Our City.

 

  1. Acknowledges the importance of cultivating a supportive relationship with UNSW.

 

  1. Provide continuing in-kind support for students including involvement in juror panel convened by UNSW Architecture and Design Faculty and selection of best group master plan and individual contribution.

 

  1. Provide up to $1000 as a group prize to those students who contribute the best landscape master plan for the City Centre Riverfront.

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 

 

 

Mayoral Minute

SUBJECT: Miller Public School and sister school in Chile

 

Towards the end of 2014, Miller Public School established a sister school partnership with Liceo Rural de Putu in Chile. The sister school partnership between the two schools was established by the School Counsellor, Grace Canales, at Miller Public School.

 

The idea for the sister school partnership was born when Ms Canales, who originates from Chile, visited her sister in Chile. As part of the partnership a teacher and a student from Liceo Rural de Putu were invited to travel to Australia and visit the Miller Public School and arrived in Australia on Sunday 27 September.

 

The Miller Public School agreed to cover half the costs of the airfares with the Liceo Rural de Putu school and Ms Canales has already covered those expenses out of her own pocket.

 

On the basis that a sister school partnership has formed within our local community, Council should provide assistance and funding towards the airfares on behalf of Ms Canales and the Miller Public School. The Miller Public School Principal, Ms Bronwyn York has informed Council that the cost of half the airfares amounted to $1500, therefore Council should provide financial assistance by way of reimbursement to Ms Canales to the amount of $1500.

 

RECOMMENDATION:

 

That Council:

 

  1. Commends the formation of the sister school relationship between Miller Public School and Liceo Rural de Putu school in Chile.

 

  1. Commends the Principal Bronwyn York and Miller Public School Counsellor Grace Canales for their initiative in establishing the sister school relationship.

 

3.    Reimburse Grace Canales of Miller Public School the sum of $1500 that she paid towards half the airfares from Chile to Australia of the school teacher and student from Chile.

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 


 

Mayoral Minute

SUBJECT: Legal Response to Concrete Recycling Facility

 

On September 11, 2015 the Planning Assessment Commission (PAC) approved the construction of the controversial Moorebank Waste and Recycling Facility on the banks of the Georges River.

 

This facility will handle approximately 500,000 tonnes of construction waste per year and sits next to brand new residential housing estate, and a proposed luxury marina on the George’s River.  Our council has worked to develop a positive plan for our community and the prime waterfront land alongside our beautiful George’s River. This facility will spoil those plans.

 

PAC approved the final decision after the NSW Department of Planning progressed the application and recommended its approval.  This decision by the PAC was made despite a vigorous defence mounted by the Liverpool Council, our State MP Melanie Gibbons and Federal MP Craig Kelly, and members of the community.

 

The decision by the PAC in the face of sound planning arguments has outraged all involved in the staunch defence of residents in Georges Fair and the greater Liverpool area.

 

Previously, this council had assured the community that we will engage in a legal challenge in the Land and Environment Court and seek to overturn this decision.

 

Consequently, Council has sought legal advice and will pursue all available legal avenues to argue against this development. We will also continue to stand by the residents in voicing their opposition to the concrete recycling plant.

 

RECOMMENDATION:

 

That Council:

 

  1. Write to the NSW Planning Minister to express our disappointment to the decision by the PAC to approve this facility and inform him that we will oppose the decision in the Land and Environment Court.

 

  1. Delegate authority to the Chief Executive Officer to commence legal proceedings against any and all relevant parties in relation to Planning Assessment Commission determination D356/15 and Part 3A application 05-0157, concerning the approval of a waste recycling facility in Moorebank.

 

  1. Authorise the Chief Executive Officer to explore all avenues including the potential of a land swap and site testing to stop the proposed development proceeding, should legal action be unsuccessful; And

 

 

  1. Write to the affected residents to advise them of Liverpool Council’s planned course of action, and continue to update them periodically on the progress of our legal challenge.

 

  1. Notes the confidential legal advice received by Liverpool Council in regards to a legal challenge.

 

Motion:                                            Moved: Mayor Mannoun

 

That this item be dealt with in closed session at the end of the meeting in accordance with Section 10(A)(2)(g) of the Local Government Act.

 

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

 

 


 

Mayoral Minute

SUBJECT: Korean War Veterans Memorial

 

On November 1st at Bigge Park Liverpool Council with veterans of the Korean War will be unveiling a plinth dedicated to the Australian soldiers still missing in action from the Korean War.

 

Another sad chapter from our history, the Korean War marks the beginning of open hostilities that would be part of the so called Cold War. Australia joined the United States and other allies in the war and fought against the tyranny of North Korea that threatened to consume the country.

 

In the 3 years of hostilities before the ceasefire Australia suffered nearly 2000 casualties; killed, wounded or still missing in action. It is to those 43 men who still remain on the Korean battle field, their bodies’ un-located, that we particularly honour with this memorial. Their names and rank are listed on the plaque.

 

To foster the memory of those who served and were lost in the Korean conflict Council should provide every assistance to the Korean War Veterans Association for the event to honour the memories of our Australian Soldiers.

 

Special acknowledgement is deserved to Mr Sheridan O’Brien, himself a veteran of the war, and member of Korean War Veterans Association. Korea is sometimes miss characterised as “The Forgotten War” but with active veterans like Mr O’Brien we can ensure that the lives of all soldiers who served are not forgotten.

 

RECOMMENDATION:

 

That Council:

 

  1. Acknowledges the Korean War Veterans and the service to their country.

 

  1. Supports the commemorative day by donating $3500 to cover associated requirements with the November 1st unveiling.

 

  1. Congratulate Mr Sheridan O’Brien for his initiative and hard work.

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 

 

Clr Mamone and Clr Ristevski arrived at the Chambers at 7.35pm

 

Clr Karnib, Clr Stanley, Clr Shelton and Clr Waller left the Chambers at 7.38pm

 

Mayoral Minute

 

SUBJECT: Lies told under Parliamentary Privilege

 

On the 10th of September 2015 a series of lies were told by Robert Borsack, a Member of the Shooters and Fishers Party. The lies, told under the protection of Parliamentary Privilege are part of an ongoing campaign against the Mayor, the Liverpool CEO and Council staff.

 

The statement was made in a cowardly fashion during an adjournment debate in the Legislative Council. Had Mr Borsak made these fabricated allegations outside of the protection of Parliamentary Privilege they would have deemed defamatory.

 

The importance of free speech during parliamentary proceedings is paramount and necessary in the development of policy and legislation. However, serious questions must be asked when a Member of Parliament uses free speech under the cloak of parliamentary privilege as a sword to attack the character of people rather than a shield to protect good government.

 

Following the speech Council quickly examined the statement and publicly refuted all the lies.

 

RECOMMENDATION:

 

That Council:

 

1.    Condemns the cowardly and inappropriate behaviour of the MP Robert Borsak in the Upper House on 10th of September when he engaged in a series of lies about individuals at Liverpool Council.

 

2.    Notes that Council did respond swiftly and publicly to examine and refute the lies that were told.

 

3.    Confirms publicly that Council has not been contacted by the Minister for Local Government or Division of Local Government in relation to an investigation into the lies.

 

4.    Notes that the Mayor has written to the Minister for Local Government welcoming him to conduct an investigation into the MP’s dishonest statement. (Letter attached)

 

5.    Recommends that anyone with information about illegal activities contacts the relevant authorities.

6.    Recommends lawyers acting on behalf of Council, the Mayor and the CEO, examine whether a case for defamation exists, where the statements have been reproduced outside of parliamentary privilege.

 

7.    Congratulates our local media for recognising that Mr Borsak’s statement lacked any credibility.

 

8.    Writes to the Parliament of NSW to seek a review of the rules surrounding parliamentary privilege.

 

Motion:                                  Moved: Mayor Mannoun

 

That Council:

 

1.    Condemns the inappropriate behaviour of the MP Robert Borsak in the Upper House on 10th of September when he engaged in a series of lies about individuals at Liverpool Council.

 

2.    Notes that Council did respond swiftly and publicly to examine and refute the lies that were told.

 

3.    Confirms publicly that Council has not been contacted by the Minister for Local Government or Division of Local Government in relation to an investigation into the lies.

 

4.    Notes that the Mayor has written to the Minister for Local Government welcoming him to conduct an investigation into the MP’s dishonest statement. (Letter attached)

 

5.    Recommends that anyone with information about illegal activities contacts the relevant authorities.

 

6.    Seek advice to examine whether a case for defamation against Council exists.

 

7.    Congratulates our local media for recognising that Mr Borsak’s statement lacked any credibility.

 

8.    Writes to the Parliament of NSW and the LGNSW to seek a review of the rules surrounding parliamentary privilege.

 

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

 

Note: Clr Stanley, Clr Waller, Clr Karnib and Clr Shelton were not in the Chambers when the item was voted on.

 

Mayor Mannoun called for a recess of Council at 7.40pm.

 

Mayor Mannoun reopened the meeting at 8.06pm

 


21

Notices of Motion Of Rescission

ITEM NO:      NOMR 01

FILE NO:        245882.2015

SUBJECT:     Notice of Motion of Rescission - NOM 04 Orthodox Interfaith Lunch 2016 from the Council meeting of 26 August 2015

 

NOTICE OF MOTION OF RESCISSION

 

That Council rescinds the resolution relating to NOM 04 Orthodox Interfaith Lunch 2016 from the Council Meeting 26 August 2015, namely point 6 of the resolution as shown below:

 

That Council:

 

1.   Congratulate staff and in particular Alyson Infanti, Maree Stewart and Lauren Myers for their hard work and support of the event.

 

2.   Council write to the folk dancing groups Ilinden, Vardar and Izvor for donating their time in performing. Also write to the MC Zack Gulevski for giving up his time for the event.

 

3.   Congratulate Mayor Ned Mannoun, Councillors Sabrina Mamone, Gus Balloot, Peter Harle and Geoff Shelton for showing their support in attending the event.

 

4.   Write to the Liverpool Catholic Club and thanking them for their professionalism in catering for the event for all members of the community.

 

5.   Report to Council on the best way to conduct Interfaith functions in the future.

 

6.   Notes with regret the late change to the running order on the day which withdrew the invitation to speak at the event of the Hon. Laurie Ferguson MP Member for Werriwa. Council sincerely apologises to Hon Mr Ferguson for this change. Council notes Hon. Mr Ferguson’s long term support of Liverpool and its residents and all ethnic groups and cultures.

 

7.   The Mayor on behalf of Council writes to Hon Laurie Ferguson to apologise for any inconvenience caused.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti                      Seconded: Clr Hadid

 

That the recommendation be adopted.

 

On being put to the meeting the resolution from the 26 August 2015 Council meeting was Rescinded (to remove points 6 and 7 of the motion).

 

 

 

Division called:

 

Vote for:                       Mayor Mannoun

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Balloot

                                      Clr Mamone

 

Vote against:               Clr Karnib

                                      Clr Ristevski

                                      Clr Shelton

                                      Clr Stanley

                                      Clr Waller

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti                      Seconded: Clr Hadid

 

That Council:

 

1.   Congratulate staff and in particular Alyson Infanti, Maree Stewart and Lauren Myers for their hard work and support of the event.

 

2.   Council write to the folk dancing groups Ilinden, Vardar and Izvor for donating their time in performing. Also write to the MC Zack Gulevski for giving up his time for the event.

 

3.   Congratulate Mayor Ned Mannoun, Councillors Sabrina Mamone, Gus Balloot, Peter Harle and Geoff Shelton for showing their support in attending the event.

 

4.   Write to the Liverpool Catholic Club and thanking them for their professionalism in catering for the event for all members of the community.

 

5.   Report to Council on the best way to conduct Interfaith functions in the future.

 

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

 


23

Notices of Motion

ITEM NO:      NOM 01

FILE NO:        220743.2015

SUBJECT:     Timing of Committee meetings

 

NOTICE OF MOTION

 

That all committee meetings commence from 6pm onwards.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ristevski           Seconded: Clr Hadchiti

 

That the CEO be authorised with the membership of the new committees to make changes to meeting times to suit the participation and to come back to the next Council meeting with some suggestions.

 

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

 


23

ITEM NO:      NOM 02

FILE NO:        241530.2015

SUBJECT:     Lurnea High School 50th Anniversary

 

NOTICE OF MOTION

 

That Council:

1.   That Council notes Lurnea High School 50 years of providing quality education to students of Liverpool.

 

2.   Writes to the Principal congratulating the school on the anniversary and the events which celebrated the milestone.

 

COUNCIL DECISION

Motion                              Moved: Clr Stanley              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

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


25

ITEM NO:      NOM 03

FILE NO:        244447.2015

SUBJECT:     Investigation into allegations made in NSW Legislative Council about Liverpool Council

 

NOTICE OF MOTION

 

1.    Have Council officers been made aware of an investigation by the Minister for Local Government or Division of Local Government into these outrageous allegations?

 

2.    If not, Council request such an immediate independent investigation to assist in clearing the names of those who were named in the speech? 

 

COUNCIL DECISION

Motion                              Moved: Clr Ristevski

1.    Have Council officers been made aware of an investigation by the Minister for Local Government or Division of Local Government into these outrageous allegations?

 

2.    If not, Council request that the matter be referred to the Office of Local Government to be investigated by Weir Pty Ltd or another qualified company.

 

Foreshadowed motion:       Moved: Clr Stanley              Seconded: Clr Waller

 

That Council request that the matter be referred to the Office of Local Government to be investigated by a qualified company.

 

Mayor Mannoun ruled that the motion (moved by Clr Ristevski) was out of order and as such, the motion was not put to the meeting.

 

The Foreshadowed motion (moved by Clr Stanley) was then put to the meeting and was declared CARRIED.

 

 

 


25

Clr Mamone left the Chambers at 8.39pm.

 

ITEM NO:      NOM 04

FILE NO:        245538.2015

SUBJECT:     Housing Crisis

 

NOTICE OF MOTION

 

That:

 

1.   The CEO write to the Housing Minister congratulating him on this innovative concept and invite him to do the same in Liverpool.

 

2.   Setup a housing crisis Councillor Taskforce to be chaired by Councillor Ristevski and made up of all Councillors to co-ordinate with the relevant stakeholders in finding solutions to this problem in our LGA.

 

COUNCIL DECISION

Motion                              Moved: Clr Ristevski           Seconded: Clr Stanley

That:

 

1.   The CEO write to the Housing Minister congratulating him on this innovative concept and invite him to do the same in Liverpool.

 

2.   Amend the Homelessness Taskforce established at the Extraordinary Council meeting of 2 September 2015 to include a housing crisis focus. The taskforce is to be chaired by Councillor Ristevski and made up of all Councillors to co-ordinate with the relevant stakeholders including the Salvation Army in finding solutions to this problem in our LGA.

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

 

Clr Mamone returned to the Chambers at  8.42pm.


27

ITEM NO:      NOM 05

FILE NO:        245553.2015

SUBJECT:     Customer Service

 

NOTICE OF MOTION

 

That Council:

 

1.   Open Customer Service on Saturdays from 9am-1pm for a three month trial period.

 

2.   Have one planner working during this period to assist ratepayers with their planning queries.

 

3.   Advertise the Saturday opening period of our Customer Service period in both local papers and South West Voice including our ratepayers newsletter and our website/Facebook page to get the message to our ratepayers so that the three month trial period is effective. 

 

COUNCIL DECISION

Motion                              Moved: Clr Ristevski           Seconded: Clr Waller

That Council:

 

1.   Consider opening the Customer Service on Saturdays from 9am-1pm for a three month trial period.

 

2.   Have one planner working during this period to assist ratepayers with their planning queries.

 

3.   Conduct a staff and community survey to engage if there is support for Saturday opening hours for the Customer Service Centre with a report to come back to the next Council meeting. If there is a demand, what is the cost?

 

4.   That a report be brought back to the next Council meeting that addresses:

 

·         How many Council staff have left since Council voted to go ahead with the partnership and and what were the reasons behind it?

 

·         How much has the new customer service centre cost in total?

 

·         That an accurate organisational structure showing all positions within the  Customer Service division and note whether these positions are filled now by Council staff, Propel staff or agency staff.

 

·         Outline exactly what new equipment or programs will be purchased or installed to assist staff in the Customer Service division including telephones and customer service software.

 

 

5.  In relation to the smell of raw sewerage which is currently in the Customer Service area:

 

·         Staff be moved to a safe place to work that is not impacted by the smell

·         Work to fix the source of the smell be arranged immediately

·         Any carpets that have been impacted be replaced as a matter of urgency

·         A report be prepared on how this matter was handled and why it has been allowed to drag on for 6 days

 

6.  Ensure there are adequate public toilets for the public in the Customer Service area.

 

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


29

ITEM NO:      NOM 06

FILE NO:        245569.2015

SUBJECT:     Determination Moorebank Recyclers by Planning Assessment Commission

 

NOTICE OF MOTION

 

That Council:

 

1.   Discuss options available to it to appeal this decision.

 

2.   To allow discussion it would be appreciate if staff could provide a briefing paper outlining the timeline of this application.

 

3.   Provide any legal advice available to assist Councillors to discuss options for this development approval. (Under confidential cover as necessary.)

 

COUNCIL DECISION

Note: This item was dealt with in conjunction with the Mayoral Minute – Legal Response to Concrete Recycling Facility, on pages 55-56 of these minutes.


29

ITEM NO:      NOM 07

FILE NO:        245625.2015

SUBJECT:     Pump House (Coffee Shop) Bigge Park Liverpool

 

NOTICE OF MOTION

 

That Council:

 

1.   Receive a report for the October 2015 Council meeting into The Pump House Coffee Shop in Bigge Park.

 

2.   The report should include but not be limited to the following:

a)   Costs and scope of all works at the site since July 2013

b)   Who provided the works-Council day labor, Council contractors, leasee,

c)   Were there also inkind works? If so, what did these works involve?

d)   What was the value of the initial lease.

e)   What is the expected value of new lease, what terms will this take?

f)    Has Council been provided with details of turnover, profit of the Pump House since opening if so can it be provided.

 

*(Under confidential cover as necessary.)

 

COUNCIL DECISION

Motion                              Moved: Clr Stanley              Seconded: Clr Shelton

 

That the recommendation be adopted.

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


31

ITEM NO:      NOM 08

FILE NO:        245662.2015

SUBJECT:     Action Forum for the Women of the Western Sydney Region

 

NOTICE OF MOTION

 

That:

 

  1. Council host a Women's Forum at the Casula Powerhouse in November 2015 with the focus of the following motion:

 

"To form an Organisation for Women to represent the interests of those in the Western Sydney Region with its Board comprising of the following membership:

 

a)   A maximum of two female Councillors from each council and

b)   Two non-Council representatives including one from each Local Government Areas of each member Council:

 

i.   A community representative or not for profit organisation, and

ii.   A prominent business woman

iii.  All nominations be returned to Council and considered in Confidential session."

 

  1. Send an invite, from Clr Sabrina Mamone, to all the female Western Sydney Councillors inviting them to the Women’s Forum attaching a copy of this Notice of Motion.

 

 

COUNCIL DECISION

Motion                              Moved: Clr Mamone            Seconded: Clr Hadid

That:

 

  1. Council host a Women's Forum at the Casula Powerhouse in November 2015 with the focus of the following motion:

 

"To form an Organisation for Women to represent the interests of those in the Western Sydney Region with a Board comprising of the following membership:

 

a)   A maximum of two female Councillors from each council and

b)   Two non-Council representatives including one from each Local Government Area of each member Council which includes:

 

i.   A community representative or not for profit organisation, and

ii.   A prominent business woman”

 

c)   All nominations be returned back to Council to be considered in a Confidential           session.

    

    d)  Council write to all Ministers for relevant funding that may be available.

 

  1. Allow Clr Sabrina Mamone to invite all the female Western Sydney Councillors to the Women’s Forum attaching a copy of this Notice of Motion.
  2. Allow Clr Sabrina Mamone to invite any relevant Members of Parliamant to attend the Forum in November.
  3. Allow Clr Sabrina Mamone to liaise with WSROC and MACROC for assistance which may be required.

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


33

Clr Stanley left the Chambers at 8.57pm.

ITEM NO:      NOM 09

FILE NO:        245695.2015

SUBJECT:     Phase Three Land Reclassifications and Rezonings

 

NOTICE OF MOTION

 

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

·    124A Wonga Road, Lurnea (McCarthy Park)

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

·    8 Ferrington Crescent, Liverpool (Ferrington Park)

·    20A Frazer Avenue, Lurnea (Baker Park)

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

·    26 Wendlebury Road, Chipping Norton (Wendlebury Park)

·    22 Box Road, Casula (Mimosa Park)

·    72A Grevillea Crescent, Prestons (Acacia Park)

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

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

·    12A Brain Avenue, Lurnea (Hannan Park),

·    and Thawaral and Hazel Bradshaw parks to the extent as much might still be under consideration. 

 

COUNCIL DECISION

Motion                              Moved: Clr Shelton              Seconded: Clr Harle

 

  1. That Council forthwith discontinue its attempts to reclassify, rezone and dispose of the following properties: 

 

·    124A Wonga Road, Lurnea (McCarthy Park)

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

·    8 Ferrington Crescent, Liverpool (Ferrington Park)

·    20A Frazer Avenue, Lurnea (Baker Park)

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

·    26 Wendlebury Road, Chipping Norton (Wendlebury Park)

·    22 Box Road, Casula (Mimosa Park)

·    72A Grevillea Crescent, Prestons (Acacia Park)

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

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

·    12A Brain Avenue, Lurnea (Hannan Park),

·    and Thawaral and Hazel Bradshaw parks to the extent as much might still be under consideration. 

 

 

2.    A report be brought to Council on possible park upgrades.

 

Amendment:                         Moved: Clr Hadchiti             Seconded: Clr Hadid

 

1.    That the item be deferred to the next Council meeting, alongside the Council officers report in relation to community consultation on the pocket parks mentioned above.

 

2.    That the report also report on possible park upgrades on those parks that are not recommended for sale.

 

3.    Officers list the park priority for this financial year.

 

4.    Officers report back on a funding source if needed to immediately undertake works at one or any of those parks.

 

On being put to the meeting the Amendment (moved by Clr Hadchiti) was declared CARRIED.

 

The Amendment then became the motion and on being put the meeting was declared CARRIED.

 

 

Clr Stanley returned to the Chambers at 9.18pm.


35

Mayor Mannoun left the Chambers at 9.18pm and the Deputy Mayor, Clr Balloot took the Chair.

ITEM NO:      NOM 10

FILE NO:        245726.2015

SUBJECT:     Air Quality Monitoring

 

NOTICE OF MOTION

 

That Council generates a report for the next Council Meeting Council addressing the following questions.

1.   In light of the above concerns, what practical options could Council implement to better monitor and control the amount of dust particles that settle in residential areas within close proximity Building Material Waste Recycling Centres located in the Liverpool LGA?

 

2.   Based on the recent decision by the NSW PAC and its approval for the Moorebank Waste Recycling Centre, what practical options are available to Council to ensure that the plant operates within the conditions of consent and in particular to air quality?

 

3.   What would be the cost of purchasing portable air quality monitoring equipment that could be set up in areas of concerns considered problematic?

 

4.   In the case of the Moorebank Recycling Centre, does Council have the power/authority to ensure that independent 24 hour 7 days a week air quality monitoring takes place and that the information is published on the Council Website on a regular basis?   

 

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.

 

Mayor Mannoun returned to the Chambers at 9.26pm.


35

Clr Balloot left the Chambers at 9.27pm.

Clr Hadchiti left the Chambers at 9.28pm.

Clr Balloot returned to the Chambers at 9.29pm.

Clr Hadchiti returned to the Chambers at 9.30pm.

ITEM NO:      NOM 11

FILE NO:        245744.2015

SUBJECT:     Recovering Plans

 

NOTICE OF MOTION

 

That Council:

 

1.   Report at the next Council Meeting on what records were actually lost

 

2.   Come up with an action plans in assisting in recovering house plans for those homes and report back to council at the next meeting.

 

 

COUNCIL DECISION

Motion                              Moved: Clr Mamone            Seconded: Clr Waller

 

That Council:

 

  1. Report back to Council on what records staff believe was lost in the fire and what can be done to address the matter, including costs of an audit.

 

Put a policy in place to deal with records that were burnt

 

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

 


37

Independent Hearing and Assessment Panel Report

ITEM NO:      IHAP 01

FILE NO:        220518.2015

SUBJECT:     DA-66/2015 - Construction of 19 detached and 4 semi-detached dwellings and community title subdivision on proposed development Lots 5 and 10 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-66/2015, subject to the amended conditions of consent (Attachment 4)

 

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.

 

Councillors voted unanimously for this motion.

 


37

ITEM NO:      IHAP 02

FILE NO:        221998.2015

SUBJECT:     DA-198/2015 - Three stage Torrens title subdivision and construction of 12 dwellings at Lot 310 DP 1186176 Bryant Avenue, Lot 311 DP 1186176 Flynn Avenue, and Lot 2 DP 1184259 Genairco Park, Hall Circuit, Middleton Grange

 

RECOMMENDATION

 

That Council approves Development Application DA-198/2015, subject to the recommended conditions of consent contained within the Council officer’s report (attached).

 

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.

 

Councillors voted unanimously for this motion.

 

 


39

ITEM NO:      IHAP 03

FILE NO:        222261.2015

SUBJECT:     DA-1105/2014 - Demolition of existing structures and Torrens title subdivision over 2 stages: Stage 1 seeks approval for the creation of five lots. Stage 2 seeks approval for the creation of 24 lots and demolition at 636 Hoxton Park Road, Hoxton Park

 

RECOMMENDATION

 

That Council approves Development Application DA-1105/2014, subject to the recommended conditions of consent contained within the Council officer’s IHAP report (attached).

 

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That the recommendation be adopted.

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

 

Councillors voted unanimously for this motion.

 

 


39

ITEM NO:      IHAP 04

FILE NO:        224036.2015

SUBJECT:     DA-180/2015 - Two lot Torrens title subdivision at 64 Pleasure Point Road, Pleasure Point

 

RECOMMENDATION

 

That Council approve Development Application DA-180/2015, subject to the recommended conditions attached to the Council officer’s IHAP report.

 

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Balloot

That the recommendation be adopted.

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

 

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Karnib

                                                Clr Mamone

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Waller

 

Vote against:                         Clr Stanley

 

 


41

ITEM NO:      IHAP 05

FILE NO:        225082.2015

SUBJECT:     DA-630/2014 - Three lot Torrens title subdivision at 20 First Avenue, Hoxton Park

 

RECOMMENDATION

 

That Council approves Development Application DA-630/2014, subject to the recommended Conditions of Consent attached to the Council Officer’s report.

 

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 Karnib

                                                Clr Mamone

                                                Clr Ristevski 

                                                Clr Waller

 

Vote against:                         Clr Harle

                                                Clr Shelton

                                                Clr Stanley

 


43

ITEM NO:      IHAP 06

FILE NO:        225142.2015

SUBJECT:     DA-304/2015 - Three lot Torrens title subdivision at 11 Bullrush Cr, Voyager Point

 

RECOMMENDATION

 

That Council approve Development Application DA-304/2015, subject to the recommended conditions attached to the Council officer’s IHAP report (Attachment No 2)

 

COUNCIL DECISION

 

Motion                              Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That the recommendation be adopted.

 

Amendment: Moved: Clr Harle              Seconded: Clr Mamone

 

That the application be deferred and the applicant be invited to amend the application to two lots and a report be brought back to Council once a response has been received.

 

On being put to the meeting the Amendment (moved by Clr Harle) was declared LOST.

 

Vote for:                                Clr Harle

Clr Karnib

Clr Mamone

Clr Ristevski

Clr Waller

 

Vote against:                         Mayor Mannoun

Clr Balloot

Clr Hadid

Clr Hadchiti

Clr Shelton

Clr Stanley

 

The motion (moved by Clr Hadchiti) was then put to the meeting and was declared LOST.

 

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

 

 

 

 

 

 

Vote against:                         Clr Harle

                                                Clr Karnib

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Stanley

                                                Clr Mamone

                                                Clr Waller

 

As both the Amendment and Motion were lost when put to the meeting, IHAP 06 was resubmitted for Council to consider and the following motion was moved:

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That the recommendation be adopted.

 

Foreshadowed motion:                 Moved:Clr Harle                   Seconded: Clr Mamone

 

That the application be deferred and the applicant be invited to amend the application to two lots and a report be brought back to Council once a response has been received.

 

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

 

 Vote for:                               Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

 

Vote against:                         Clr Harle

                                                Clr Karnib

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Stanley

                                                Clr Mamone

                                                Clr Waller

 

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

 

Vote for:                                Mayor Mannoun

                                                Clr Harle

                                                Clr Karnib

                                                Clr Mamone

                                                Clr Ristevski       

                                                Clr Waller

                                               

Vote against:                         Clr Balloot

                                                Clr Hadid

                                                Clr Hadchiti

                                                Clr Shelton

                                                Clr Stanley

 


43

Chief Executive Officer Report

ITEM NO:      CEO 01

FILE NO:        089696.2015

SUBJECT:     Corporate Sponsorships

 

RECOMMENDATION

 

Endorses the Financial Contributions Panel’s recommendations for the provision of $30,750 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $30,750 is endorsed, the remaining balance will be $20,750

 

Applicant name

Amount

Igbo  Community Australia (in partnership with Liverpool MRC and Rwandan Community of NSW)

$5,000 ex gst

Wattle Grove Public School

$500 ex gst

Lurnea High School

$250 ex gst

Western Sydney Wanderers

$25,000 ex gst

 

 

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Stanley

 

That Council approves the provision of $5,750 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. Council note that the remaining balance will be $45,750.

 

Applicant name

Amount

Igbo  Community Australia (in partnership with Liverpool MRC and Rwandan Community of NSW)

$5,000 ex gst

Wattle Grove Public School

$500 ex gst

Lurnea High School

$250 ex gst

 

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


45

ITEM NO:      CEO 02

FILE NO:        241681.2015

SUBJECT:     Carnes Hill Precinct Signage

 

RECOMMENDATION

 

That Council note the contents of this report.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Stanley              Seconded: Clr Shelton

 

That the recommendation be adopted.

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

 


45

Chief Financial Officer

ITEM NO:      CFO 01

FILE NO:        214003.2015

SUBJECT:     Review of Delegations by Council to the Chief Executive Officer

 

RECOMMENDATION

 

That Council:

 

1.    Note this report;

 

2.    Delegates to the Chief Executive Officer the delegations set out in the Delegations to the Chief Executive Officer, as attached to this report.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

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

 


47

MOTION TO BRING ITEM FORWARD

Motion:                                  Moved: Clr Harle                  Seconded: Clr Mamone

 

That CFO 05 be brought forward and dealt with now.

 

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

 

ITEM NO:      CFO 02

FILE NO:        228280.2015

SUBJECT:     Election of Deputy Mayor

 

RECOMMENDATION

 

That Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer.

 

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.

 

Method of Election

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot  

 

That the method of election for the position of Deputy Mayor of Liverpool City Council for the term 30 September 2015 to 9 September 2016 be determined by open vote.

 

Amendment:                         Moved: Clr Harle                  Seconded: Clr Stanley

 

That the method of election for the position of Deputy Mayor of Liverpool City Council for the term 30 September 2015 to 9 September 2016 be determined by preferential ballot.

 

On being put to the meeting the Amendment (moved by Clr Harle) was declared LOST.

 

The motion (moved by Mayor Mannoun) was then voted on and on being put to the meeting the motion was declared CARRIED.

 

 

 

Nominations:

 

Nominations were called for the position of Deputy Mayor by the Acting Chief Executive Officer as the Returning Officer. 

 

The Acting Chief Executive Officer advised that three nominations had been received being for Clr Waller, Clr Harle and Clr Hadchiti.  The following votes were recorded:

 

         

Clr Waller – 4 votes

          Clr Harle   – 1 vote

          Clr Hadchiti – 6 votes

 

Clr Hadchiti was declared the Deputy Mayor.  

 

 

Motion:                         Moved: Mayor Mannoun              Seconded: Clr Balloot  

 

That:

 

1.    Councillor Hadchiti be declared the Deputy Mayor of Liverpool City Council for the term 30 September 2015 to 9 September 2016.

 

2.    Council’s Register of Delegations be amended accordingly.

 

3.    All balloot papers be collected and destroyed by the Returning Officer.

 

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

 

 


49

ITEM NO:      CFO 03

FILE NO:        233520.2015

SUBJECT:     Investment Report August 2015

 

RECOMMENDATION

 

That Council receives and notes this report.

 

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.


53

ITEM NO:      CFO 04

FILE NO:        234251.2015

SUBJECT:     Appointment of Councillors to Committees and Affiliated Bodies

 

RECOMMENDATION

 

That Council:

 

1.   Appoints Councillors as representatives to the following Committees for the period to September 2016:

 

a.   Aboriginal Consultative Committee

b.   Audit and Risk Committee

c.   Badgerys Creek Taskforce

d.   Budget and Finance Committee

e.   Building our New City

f.    Casula Powerhouse Arts Centre Board

g.   Civic Advisory Committee

h.   Committee for Liverpool

i.    Economic Development and Events

j.    Environment Advisory Committee

k.   Heritage Advisory Committee

l.    Liverpool Access Committee

m.  Liverpool Sports Committee

n.   Master Plan Steering Committee

o.   Multicultural Advisory Committee

p.   No Intermodal Committee

q.   Planning and Development Committee

r.    Street Naming Committee

s.   Warwick Farm Racing Precinct Steering Committee

t.    Youth Council

 

2.   Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies of their representatives for the period to September 2016:

 

a.   Floodplain Management Association

b.   Georges River Combined Councils Committee

c.   Joint Regional Planning Panel

d.   Liverpool Migrant Resource Centre

e.   Liverpool Traffic Committee

f.    Macarthur Bushfire Management Committee

g.   Macarthur Zone Bushfire Liaison Committee

h.   Macarthur/Liverpool Community Relations Commission Regional Advisory Council

i.    NSW Metropolitan Public Libraries Association

j.    The South West Sydney Academy of Sport

k.   Westpool

l.    Western Sydney Regional Organisation of Councils.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Mannoun           Seconded: Clr Balloot

1.    That Council appoints the following Councillor representatives to the internal Committees as listed below for the period to September 2016:

 

Internal Committees:

 

  1. Aboriginal Consultative Committee

 

Clr Shelton

Clr Waller

 

  1. Audit and Risk Committee

 

Clr Hadid

Clr Mamone

Clr Shelton

 

  1. Badgerys Creek Taskforce

 

Mayor Mannoun

Deputy Mayor Hadchiti

Clr Balloot

Clr Hadid

Clr Harle

Clr Mamone

 

  1. Budget and Finance Committee

 

Mayor Mannoun

Clr Balloot

Clr Hadid

Clr Harle

Clr Ristevski

Clr Shelton

 

  1. Building our New City

 

Mayor Mannoun

Deputy Mayor Hadchiti

Clr Balloot

Clr Hadid

Clr Mamone

Clr Shelton

 

  1. Casula Powerhouse Arts Centre Board

 

Clr Hadid

Clr Waller

 

 

  1. Civic Advisory Committee

 

Mayor and all Councillors

 

  1. Committee for Liverpool

 

Mayor Mannoun and President of WSROC (Clr Hadchiti)

 

  1. Economic Development and Events

 

Clr Balloot

Clr Hadid

Clr Harle

Clr Mamone

Clr Shelton

 

  1. Environment Advisory Committee

 

Clr Harle

Clr Mamone

Clr Shelton

 

  1. Heritage Advisory Committee

 

Clr Hadid

Clr Harle

 

  1. Liverpool Access Committee

 

Clr Waller

 

  1. Liverpool Sports Committee

 

Clr Hadid

Clr Ristevski

 

  1. Master Plan Steering Committee

 

Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Shelton

 

  1. Multicultural Advisory Committee

 

Clr Balloot

Clr Hadchiti

Clr Mamone

Clr Ristevski

 

  1. No Intermodal Committee

 

Mayor Mannoun

Clr Hadchiti

Clr Harle

 

  1. Planning and Development Committee

 

Mayor and all Councillors

 

  1. Street Naming Committee

 

Mayor Mannoun

Clr Balloot

Clr Harle

 

  1. Warwick Farm Racing Precinct Steering Committee

 

Deputy Mayor Hadchiti

 

  1. Youth Council

 

Clr Ristevski

Clr Waller

 

2.    Appoints the following Councillors as representatives to the following community Committees and affiliated bodies for the period to September 2016 and notifies the organisations of the representatives:

 

External Committees:

 

  1. Floodplain Management Association

 

Clr Harle

 

  1. Georges River Combined Councils Committee

 

Clr Harle

Clr Shelton

 

  1. Joint Regional Planning Panel

 

Clr Mamone

Clr Ristevski

Clr Hadchiti (alternate)

Clr Harle (alternate)

 

  1. Liverpool Migrant Resource Centre

 

Clr Balloot

Clr Karnib

 

  1. Liverpool Traffic Committee

 

Clr Hadchiti

 

  1. Macarthur Bushfire Management Committee

 

Clr Harle

 

  1. Macarthur Zone Bushfire Liaison Committee

 

Clr Harle

 

  1. Macarthur/Liverpool Community Relations Commission Regional Advisory Council

 

Clr Hadid

 

  1. NSW Metropolitan Public Libraries Association

 

Clr Mamone

 

  1. The South West Sydney Academy of Sport

 

Clr Stanley

 

  1. Westpool

 

Clr Ristevski

 

  1. Western Sydney Regional Organisation of Councils.

 

Clr Hadchiti

Clr Hadid

 

 

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

 

.


55

ITEM NO:      CFO 05

FILE NO:        241266.2015

SUBJECT:     Councillor Transparency

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note the information.

 

2.    Advertise the attendance at Councillor Briefing Sessions, Council meetings and Committee meetings once a month in the local Liverpool newspapers and maintain the register on Council’s website as outlined in this report.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Ristevski           Seconded: Clr Stanley

 

That Council defer this item to the next meeting.

 

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

 

BRING ITEM FORWARD

 

Motion:                                  Moved: Clr Stanley               Seconded: Clr Shelton

 

 

That Items DCC01, DCC02,  DCC 03, DCC 04 and DPG 02 be moved forward and dealt with now.

 

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

 


55

Community and Culture Report

ITEM NO:      DCC 01

FILE NO:        225440.2015

SUBJECT:     Grants and Donations Policy Post-exhibition Report

 

RECOMMENDATION

 

That Council:

 

1.   Adopt the draft Grants and Donations Policy.

 

2.   Approves $200,000 in the 2015/2016 budget as per resolution at 25 February 2015 Council meeting to be allocated towards a Community Matching Grants program with funds to be included in the budget variance report to come to the October Council meeting.

 

3.   Approves $75,000 in the 2015/2016 budget as per resolution at 29 April 2015 Council meeting to be allocated towards a proposed Sustainable Environment Grants program with funds to be allocated from the Environment, Stormwater and Waste Levy programs.

 

4.   Approves $87,000 to employ one full-time equivalent position to assist with administration of all programs including the two additional grants programs proposed by Council resolution. Funds to be included in the budget variance report to come to the October Council meeting.

 

5.   Allocate $20,000 towards a one year subscription to SmartyGrants and an additional $2,500 to be used for promotion of the grants and donations programs including information sessions and workshops with potential applicants. Funds to be included in the budget variance report to come to the October Council meeting.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Mannoun           Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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


57

ITEM NO:      DCC 02

FILE NO:        234004.2015

SUBJECT:     Draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017

 

RECOMMENDATION

 

That Council:

 

1.   Places the draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 on public exhibition for a period of 28 days inviting public submissions.

 

2.   Receives a further report on the Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 following public exhibition.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Mamone            Seconded: Clr Hadchiti

 

That the recommendation be adopted.

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


59

Mayor Mannoun left the Chambers at 10.42pm and the Deputy Mayor Clr Hadchiti took the chair.

ITEM NO:      DCC 03

FILE NO:        234026.2015

SUBJECT:     Grants and Donations

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the Financial Contribution Panel's recommendations for the provision of $1,000 (GST exclusive) under the Community Donations Program as summarised in the table below:

         

          Community Grants Program

Applicant Name

Project Name

Amount

St Vincent de Paul Society-Liverpool Men’s Refuge

Emergency Access to Showers (EATS)

$1,000

 

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

 

 

 

          Youth Donations Program

Applicant Name

Project Name

Amount

Stephan Marie-Louise

2015 East Timor Immersion Program

$500

 

3.   Endorses the Financial Contribution Panel's recommendations for the provision of $400 (GST exclusive) under the School Donations Program as summarised in the table below:

         

          School Donations Program

Applicant Name

Suburb

Amount

Ashcroft High School

Ashcroft

$100

William Carey Christian School

Preston

$100

All Saints Catholic Senior College

Casula  

$100

Holsworthy High School

Holsworthy

$100

         

 

 

 

COUNCIL DECISION

 

Motion                              Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

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

 

 

 

.


61

ITEM NO:      DCC 04

FILE NO:        235920.2015

SUBJECT:     Fijian Prime Minister visit to Liverpool

 

RECOMMENDATION

 

That Council Allocate from the Councillor Reserve $5,000 to fund a dinner in honour of the Fijian Prime Minister’s visit to Liverpool.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Shelton              Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

 

Mayor Mannoun returned to the Chambers at 10.44pm

 

ITEM NO:      DPG 02

FILE NO:        209750.2015

SUBJECT:     Proposed amendment to the Liverpool Local Environmental Plan 2008 - Rezoning of land at 311 Hume Highway, Liverpool

 

RECOMMENDATION

 

That Council:

 

1.       Resolves to prepare and exhibit the Draft amendment to the Liverpool Local Environmental Plan 2008.

 

2.       Forwards a copy of the Planning Proposal to the Department of Planning and Environment seeking a Gateway determination and following that proceed with public authority consultation and public exhibition.

 

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

 

That the recommendation be adopted.

Vote for:          Mayor Mannoun

                        Clr Balloot

                        Clr Hadid

                        Clr Hadchiti

                        Clr Harle

                        Clr Mamone

                        Clr Ristevski

 

Vote against:   Clr Karnib

                        Clr Shelton

                        Clr Stanley

                        Clr Waller

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

1.  That Council move into Closed Session to deal with Mayoral Minute (Legal Response to Concrete Recycling Facility) in conjunction with CONF 14, and CONF 10, CONF 8 and CONF 12 :

 

·         Mayoral Minute (Legal Response to Concrete Recycling Facility)

Reason: s10A(g)

 

·         CONF 14 Legal Matter – Moorebank Waste Recycling Project

      Reason: s10A(g)

 

·         CONF 10 Tender RCL2383 – Recognised Contractor Listing for Stormwater Drainage Pipe Rehabilitation Works

Reason: s10A(d i)

 

·         CONF 8  ST2480 Fire Safety Programme Fire Engineered Solutions

Reason: s10A(c)

 

·         CONF 12 ST2483 Provision of Expert Legal Services

Reason: s10A(c)

 

.

 

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

 

●       10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.●     10A(2)(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.●    10A(2)(a) personal matters concerning particular individuals (other than councillors).●       10A(2)(d ii) commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.●   10A(2)(d i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

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

 

Council moved into Closed Session at 10.52pm.  The public and media left the Chambers.


63

 

Mayoral Minute

SUBJECT: Legal Response to Concrete Recycling Facility

 

On September 11, 2015 the Planning Assessment Commission (PAC) approved the construction of the controversial Moorebank Waste and Recycling Facility on the banks of the Georges River.

 

This facility will handle approximately 500,000 tonnes of construction waste per year and sits next to brand new residential housing estate, and a proposed luxury marina on the George’s River.  Our council has worked to develop a positive plan for our community and the prime waterfront land alongside our beautiful George’s River. This facility will spoil those plans.

 

PAC approved the final decision after the NSW Department of Planning progressed the application and recommended its approval.  This decision by the PAC was made despite a vigorous defence mounted by the Liverpool Council, our State MP Melanie Gibbons and Federal MP Craig Kelly, and members of the community.

 

The decision by the PAC in the face of sound planning arguments has outraged all involved in the staunch defence of residents in Georges Fair and the greater Liverpool area.

 

Previously, this council had assured the community that we will engage in a legal challenge in the Land and Environment Court and seek to overturn this decision.

 

Consequently, Council has sought legal advice and will pursue all available legal avenues to argue against this development. We will also continue to stand by the residents in voicing their opposition to the concrete recycling plant.

 

RECOMMENDATION:

 

That Council:

 

  1. Write to the NSW Planning Minister to express our disappointment to the decision by the PAC to approve this facility and inform him that we will oppose the decision in the Land and Environment Court.

 

  1. Delegate authority to the Chief Executive Officer to commence legal proceedings against any and all relevant parties in relation to Planning Assessment Commission determination D356/15 and Part 3A application 05-0157, concerning the approval of a waste recycling facility in Moorebank.

 

  1. Authorise the Chief Executive Officer to explore all avenues including the potential of a land swap and site testing to stop the proposed development proceeding, should legal action be unsuccessful; And

 

  1. Write to the affected residents to advise them of Liverpool Council’s planned course of action, and continue to update them periodically on the progress of our legal challenge.

 

  1. Notes the confidential legal advice received by Liverpool Council in regards to a legal challenge.

 

Motion:                                            Moved: Mayor Mannoun

 

That Council:

 

  1. Delegate authority to the Chief Executive Officer to commence legal proceedings against any and all relevant parties in relation to Planning Assessment Commission determination D356/15 and Part 3A application 05-0157, concerning the approval of a waste recycling facility in Moorebank.

 

  1. Authorise the Chief Executive Officer to explore all avenues including the potential of a land swap and site testing to stop the proposed development proceeding, should legal action be unsuccessful; And

 

  1. Write to the affected residents to advise them of Liverpool Council’s planned course of action, and continue to update them periodically on the progress of our legal challenge.

 

4.    Notes the confidential legal advice received by Liverpool Council in regards to a legal challenge.

 

5.    Deal with NOM 06 and CONF 14 as part of this motion.

 

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

 


ITEM NO:      CONF 14

FILE NO:        250215.2015

SUBJECT:     Legal Matter - Moorebank Waste Recycling Project

 

RECOMMENDATION

 

That Council, subject to the final legal advice, delegate authority to the Chief Executive Officer to undertake legal proceedings against any and all relevant parties in relation to Planning Assessment Commission determination D356/15 and Part 3A application 05-0157, concerning the approval of a waste recycling facility in Moorebank.

 

COUNCIL DECISION

 

Motion:                                  Moved:                                   Seconded:

 

Note: This item was dealt with in conjunction with the Mayoral Minute – Legal Response to Concrete Recycling Facility, on pages 55-56 of these minutes.

 

 

 

 


67

ITEM NO:      CONF 10

FILE NO:        223577.2015

SUBJECT:     Tender RCL2383 - Recognised Contractor Listing for Stormwater Drainage Pipe Rehabilitation Works

 

RECOMMENDATION

That Council: 

1.    Accepts the tenders from the below listed contractors for Tender RCL2383 – Stormwater Drainage Pipe Rehabilitation Works for an initial period of two years, with the option to extend by three one year terms.

 

Category F2.1: CCTV            Category F2.1: CCTV Inspection and Condition Assessment

·    Interflow Pty Limited;

·    Total Drain Cleaning Services Pty Ltd;

·    ITS Trenchless Pty Ltd;

·    Aqua Assets Pty Limited; and

·    Insituform Pacific Pty Ltd

 

          Category F2.2: Enhanced Pipe Maintenance

·    Total Drain Cleaning Services Pty Ltd;

·    ITS Trenchless Pty Ltd;

·    Interflow Pty Limited; and

·    Insituform Pacific Pty Ltd

 

Category F2.3: Pipe Restoration

·    ITS Trenchless Pty Ltd;

·    Interflow Pty Limited;

·    Total Drain Cleaning Services Pty Ltd; and

·    Insituform Pacific Pty Ltd

Category F2.4 & F2.5

                                               Drainage Pipe Renewal and Replacement

·    Interflow Pty Limited;

·    Insituform Pacific Pty Ltd; and

·    ITS Trenchless Pty Ltd

 

2.    Makes public its decision regarding Tender RCL2383 – Stormwater Drainage Pipe Rehabilitation Works.

 

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

 

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

 

COUNCIL DECISION

 

Motion                              Moved:  Mayor Mannoun         Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

 


67

ITEM NO:      CONF 08

FILE NO:        231152.2015

SUBJECT:     ST2480 Fire Safety Programme Fire Engineered Solutions

 

RECOMMENDATION

That Council: 

1.    Accept the Tender from Holmes Fire Limited Partnership for Tender ST2480 – Fire Safety Programme – Fire Engineered Solutions for a one year contract term with the option of extending 1 x 12 months.

2.    Makes public its decision regarding tender Tender ST2480 – Fire Safety Programme – Fire Engineered Solutions.

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

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

 

COUNCIL DECISION

Motion                              Moved: Clr Mannoun           Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

 


69

Clr Shelton left the Chambers at 10.59pm.

ITEM NO:      CONF 12

FILE NO:        232890.2015

SUBJECT:     ST2483 Provision of Expert Legal Services

 

RECOMMENDATION

That Council: 

1.    Accept the Tender from Clayton Utz for ST2483 – Provision of Expert Legal Services for a three (3) year contract term.

2.    Makes public its decision regarding tender ST2483 – Provision of Expert Legal Services.

3.    Notes that the Director – Business Improvement 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 Mannoun           Seconded: Clr Stanley

That the recommendation be adopted.

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

 

Councillors voted unanimously for this motion.

 

 

Clr Shelton returned to the Chambers at 11:03pm.

 

Motion                              Moved: Clr Mannoun         Seconded: Clr Balloot

That the meeting be extended until the business is completed.

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

 

Mayor Mannoun adjourned the meeting at 11.04pm and advised that it will reconvene at 5.00pm on Tuesday 6 October 2015, to deal with the remaining items on the agenda.

 

 

 


 

Mayor Mannoun reconvened the meeting at 5.07pm on Tuesday 6 October 2015 with the following people present:

 

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone

Councillor Ristevski

Councillor Shelton

Councillor Stanley

Councillor Waller

Ms Kiersten Fishburn, Acting Chief Executive Officer

Mr Gary Grantham, Director Corporate Services/Chief Financial Officer

Ms Toni Averay, Director Planning and Growth

Mr Michael Cullen, Director Economic Development

Ms Carole Todd, Director Business Improvement

Mr John Morgan, Director Property and Commercial Development

Mr Kevin Smith, Acting Director Infrastructure and Environment

 


71

Economy and Engagement Report

ITEM NO:      DEE 01

FILE NO:        232094.2015

SUBJECT:     City Exchange Report 2015

 

RECOMMENDATION

 

That Council notes the report’s key findings and observations with respect to local funding and financing mechanisms, as an outcome of the Future Cities Collaborative overseas mission to the United States.

 

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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


 

Planning and Growth Report

ITEM NO:      DPG 01

FILE NO:        182934.2015

SUBJECT:     Miller Town Centre Master Plan 2015

 

RECOMMENDATION

 

That Council:

 

1.    Endorses the draft Miller Town Centre Master Plan.

 

2.    Notes the primary objectives of the master plan to improve services, safety and amenity for the Miller community and address social disadvantage.

 

3.    Publicly exhibits the draft Miller Town Centre Master Plan for 28 Days, including a public information session.

 

4.    Receives a further report detailing the community’s feedback on the Draft Miller Town Centre Master Plan noting any changes.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Shelton              Seconded: Clr Stanley

 

That Council:

 

1.    Publicly exhibits the draft Miller Town Centre Master Plan for 28 Days, including a public information session.

 

2.  Receives a further report detailing the community’s feedback on the Draft Miller Town Centre Master Plan noting any changes

 

 

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

 

Councillors voted unanimously for this motion.

 


73

ITEM NO:      DPG 03

FILE NO:        223229.2015

SUBJECT:     Draft Liverpool Local Environmental Plan 2008 (Amendment 53) - Rezoning of part Copeland Street, Liverpool

 

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 Hadchiti        Seconded: Clr Balloot

 

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

 

 


73

ITEM NO:      DPG 04

FILE NO:        223821.2015

SUBJECT:     Compliance Levy

 

RECOMMENDATION

 

That Council:

 

1.    Approves the following fee to be placed on Public Exhibition:

 

A compliance levy of 0.25% of the capital investment value (CIV) of a proposed development be charged on each development application with a minimum levy of $75.00.

 

2.    Receives a further report following the exhibition process which outlines any submissions made/public feedback.

 

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.

Councillors voted unanimously for this motion

 


75

ECONOMIC DEVELOPMENT REPORT

ITEM NO:      DPG 05

FILE NO:        228511.2015

SUBJECT:     Review of Liverpool City Council Section 94 Contributions Framework

 

RECOMMENDATION

 

That Council:

 

1.    Conducts a cost/benefit analysis and risk and compatibility assessments on transitioning to a Technology One based platform for Council’s property and developer contributions software.

 

2.    Investigates options to provide discounted developer contributions in order to incentivise specific development in the Liverpool City Centre and other areas in accordance with future Council strategic objectives.

 

3.    Seeks Ministerial approval pursuant to Clause 94E(1)(d) of the Environmental Planning and Assessment Act 1979 to increase the rate of the development contributions applying to the Liverpool City Centre under the Liverpool Development Contributions Plan 2007 to 3% for all zones.

 

4.    Seeks Ministerial approval pursuant to Clause 94E(1)(d) of the Environmental Planning and Assessment Act 1979 to introduce a S94A scheme across the established areas of Liverpool, levying a developer contribution of 2% for works with a capital value in excess of $200,000, with 0.5% applying to development valued at between $100.000 and $200,000, except for identified high growth areas where existing contributions charges would remain.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Harle                  Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


75

Property and Commercial Development Report

ITEM NO:      DPC 01

FILE NO:        235540.2015

SUBJECT:     Acquisition of Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, for road purposes

 

RECOMMENDATION

 

That Council:

 

1.   Approves the acquisition of Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, for the price and terms outlined in the confidential attachment;

 

2.   Upon settlement of the acquisition, dedicates Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, as public road;

 

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 Hadid                 Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 


77

Committee Reports

ITEM NO:      CTTE 01

FILE NO:        208319.2015

SUBJECT:     Environment Advisory Committee Meeting minutes held on 10 August 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 10 August 2015.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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


77

ITEM NO:      CTTE 02

FILE NO:        224408.2015

SUBJECT:     Minutes of the Budget and Finance Committee held on 5 August 2015 and 2 September 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Budget and Finance Committee Meetings held on 5 August 2015 and 2 September 2015.

 

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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


79

ITEM NO:      CTTE 03

FILE NO:        226557.2015

SUBJECT:     Minutes of Building Our New City Committee meeting held 2 September 2015

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Building our New City Committee Meeting held on 2 September 2015.

 

2.   Approves the updating of the current paving strategy.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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


79

ITEM NO:      CTTE 04

FILE NO:        227920.2015

SUBJECT:     Liverpool Sports Committee minutes of meeting 30 July 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Sports Committee Meeting held on 30 July 2015.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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


81

ITEM NO:      CTTE 05

FILE NO:        228326.2015

SUBJECT:     Minutes of the Civic Advisory Committee Meeting held 25 August 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Civic Advisory Committee Meeting held on 25 August 2015.

 

COUNCIL DECISION

 

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

 

That the recommendation be adopted.

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


81

ITEM NO:      CTTE 06

FILE NO:        228788.2015

SUBJECT:     Minutes of Economic Development and Events Committee meeting held 2 September 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 2 September 2015.

 

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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


83

ITEM NO:      CTTE 07

FILE NO:        237412.2015

SUBJECT:     Minutes of the Planning and Development Committee Meeting held on 2 September 2015

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the Planning and Development Committee Meeting held on 2 September 2015.

 

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


85

Questions with Notice

ITEM NO:      QWN 01

FILE NO:        220734.2015

SUBJECT:     Question with Notice - Clr Harle

 

Please address the following:

 

2.      Reports back to council at the next General Council Meeting with the following;

    1. Who authorised the hire of external Private Security Guards and called the Police, dressed in Riot gear, to this event?

The CEO based on a credible threat and on the advice of the Police and in consultation with the Catholic Club. Police attended of their own volition but were not Riot Squad but general duty Police.

 

    1. When was the decision made to hire Private Security Guards and to call Police, dressed in Riot gear, and on what basis?

On the Thursday and Friday prior to the event and following the evidence of a credible threat on social media.

 

    1. If there were safety concerns surrounding the Christian Orthodox Interfaith Lunch, why were these not mentioned in the CEO's report in the July council meeting four days prior to the lunch?

The information was not available at that time regarding the threats that had been made.

 

    1.  Were any threatening advances made to the Mayor, Councillors or distinguished guests during the Christian Orthodox Interfaith Lunch?

No.

 

    1. Was the Christian Orthodox community consulted regarding concerns that may have been expressed at the presence of private security guards and Police dressed in riot gear?

Police were not dressed in riot gear. The CEO nor any staff member present received any comment or concern from attendees on the day of the event.

 

    1. What was the total cost of hiring the Private Security Guards and how where these cost funded? i.e.; was Rate Payers money used to pay for this expense?

The cost of security was included in the cost of staging the event through the Catholic Club which was paid for by Council.

 

    1. Why were the “costs of hiring the Private Security Guards" not tabled at the 27th July Council Meeting four days prior to the Christian Orthodox Lunch as a “Notice of Motion” or an “Amendment to the Notice of Motion” that was raised by Clr Peter Ristevski?

See comments in “C” above.

 

    1. Has this set a precedent for future Liverpool City Council events requiring Private Security Guards and Police attendance and how does that impact on Council financially?

Each instance with be assessed on its merits but where there is a credible threat appropriate action will be taken to ensure the safety of all attendees.

 

    1. Has council addressed all complaints made from the Christian Orthodox community in relation to the appearance of the Private Security Guards and Police dressed in Riot gear?

At this point no formal complaints have been made concerning the use of security personnel and the Police presence.

 

  1. The Mayor writes to all community leaders that attended apologising for the over-reaction of hiring the Private Security Guards and calling Police to the event prematurely.

This was not an overreaction. The actions taken were taken following consultation with Police and were justified to ensure the safety of attendees. Council has a significant Duty of Care which in this case has been appropriately discharged. There is therefore no basis or reason for an apology to be given.

 

 


87

ITEM NO:      QWN 02

FILE NO:        220736.2015

SUBJECT:     Question with Notice - Clr Harle

 

Could Councillors be provided with an update on the following issues:

 

  1. Bellfield College:

Council approved a NOM in August 2012, a copy has been attached to this QWN. In relation to the NOM:

a.    Have all conditions of the NOM been carried out?

b.    Councillors to be provided with all relevant information as per NOM.

 

Council records indicate that meetings were held in 2012 on site with the PCA, the school and the concerned residents and Councillors.  Council officers had conducted investigations into concerns regarding unlawful filling and contaminated soil on the school grounds.

 

The investigations related to the unauthorised conversion of an area within the school grounds into a playing /sporting field through unlawful filling.  A development application was subsequently lodged on 25 August 2014 seeking approval for use of the sporting/playing field.  As the application was not determined within the statutory timeframe, the applicant lodged a deemed refusal appeal in the Land and Environment Court.  The matter was heard through a Section 34 conference on site on 28 November 2014. The deferred commencement issued on 5 December 2014 required the applicant to provide a contamination report by a NSW EPA Accredited Site Auditor (Accredited under the Contaminated Land Management Act 1997) in respect of the fill used on site.   The deferred consent had to be addressed within 6 months.  All the other technical issues including flooding had also been assessed and satisfied.

 

On 19 March 2015, the applicant submitted the required site audit report.  The report was reviewed by Council's Environmental Health team and found to be satisfactory.  The applicant was notified on 21 May 2015 that the deferred consent was satisfied and the development consent became operative. There are no current issues with Belfield College.

 

It is noted that in respect of the unlawful filling matter, this was also the subject of a separate Order issued by Council.  The applicant appealed the Order in addition to the deemed refusal. The deemed refusal was heard through the Section 34 conference held on 5 December 2014. Following the determination of the development application and the satisfying of the deferred consent the applicant discontinued the appeal to the order on 17 May 2015.

 

 

  1. Continuing fill at 235 Denhamcourt Road, Denhamcourt.

a.      What is the current status of this site especially as it is evident that fill including large boulders are continuing to be brought onto the site despite a previous Council investigation?

 

A Section 96 modification approval was issued on 12 June 2014 granting approval for minor changes to Development Consent DA-84/2013 which granted approval for a tennis court.  The modification approval imposed conditions requiring the following:

 

·         all fill introduced to the site to undergo a contaminated site assessment;

·         design of rock wall and footings to be prepared by a qualified structural engineer;

·         sediment and erosion control measures to be implemented and maintained during works; and

·         removal of any unapproved fill.

 

A construction certificate for current works on site was issued by a private certifier. A certificate was provided to Council regarding the contaminated soil assessment.  A recent inspection by Council officers found that work on site was progressing in accordance with the approval and no compliance issues were identified.  There was no excess fill on site and satisfactory sediment and erosion control measures were in place.  However it is noted that works are still underway and Council officers will continue to monitor until completion.

 

General

 

At the Planning and Development Committee meeting of 2nd September, it was agreed that officers will ensure that Councillors are kept informed regarding development applications and other compliance matters where there is strong community interest.

 

 


89

ITEM NO:      QWN 03

FILE NO:        220739.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Since the closure of the bowling club early last year there is nothing close to the CBD of Liverpool that provides spaces for older Liverpool residents for sport and recreation.

 

What has been planned to replace recreation opportunities for older Liverpool residents given the explosion of residential units currently under construction?

 

Opportunities for sport, recreation and leisure are critical for all members of our community. For the seniors in our community, these programs can help reduce isolation, provide health benefits and give opportunities for pleasurable, social experiences.

 

Within the city centre, there are a number of opportunities for seniors to actively participate. These include programs run through:

 

Liverpool Senior Citizens

Location: Hilda M Davis Centre

Description: Card games, social events, movie showings

 

Liverpool U3A School for Seniors Inc.

Location: Dr. Pirie Community Centre

Description: Liverpool U3A are running classes for seniors aged 50 and above. Classes include aqua-aerobics, computing and internet, creative writing, drawing, euchre, French, oil painting, oldtime/new vogue dancing, patchwork and needlework, tai chi, yoga, topical discussion group, china painting, water colour, Australian & local history, art appreciation, Chinese painting, calligraphy, craft and social walking group. Australian Native Plants; Meditation; Numeracy; Photography; Trivia

 

Liverpool District Men's Shed

Location: 31 Shepherd St, Liverpool NSW 2170

Description: Provides a workshop well equipped with electrical tools, hand tools and materials. Woodwork and handicraft projects are the major activities performed. Provides supervision and assistance.

 

Liverpool Migrant Resource Centre

Location: 108 Moore St, Liverpool NSW 2170

Description: : The Liverpool MRC provides information and referral on settlement issues to newly arrived migrants and refugees settling in the Liverpool LGA . We offer a range of programs including English classes, multicultural playgroups and arts projects. We also offer support and capacity building to CALD groups, new and emerging communities, women, youth and other groups through community development services such as groups, playgroups, senior support and youth programs.

 

Our own library service provides:

 

Broadband for Seniors

Description: Provides lessons on Computer Basics, Internet, e-mail, Windows 8, photo-sharing, social media for seniors.

 

Tech Savvy Seniors - Liverpool City Library

Description: A joint initiative of TELSTRA and the State Government providing FREE Internet lessons to seniors. Liverpool Library and MacArthur Community College have joined hands to deliver the program.

 

The library also provides activities including Book Chats, Liverpool Knitters Group, Family History Fridays monthly at the Museum, and a range of museum events and library talks that while not specifically targeted to the seniors community are all very popular with that demographic. The library also holds a large collection of large print fiction and non-fiction on topics that may be of interest to the seniors community including healthy ageing, finance etc.

 

The Whitlam Centre has membership and entrance options for the seniors community and are actively targeting this group for fitness and healthy ageing initiatives.

 

Further out from the CBD, Casula Powerhouse has regular matinee performances and seniors friendly workshops and events.

 

Both the library and Casula Powerhouse have increased their programming for the seniors community in recent years and will continue to do so. We will also continue to support seniors groups through the use of space in community centres and through promoting their activities through our community directory and other relevant opportunities.

.


89

ITEM NO:      QWN 04

FILE NO:        246300.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Files lost in August 2010 Fire

 

Some time ago a report was furnished of Council regarding files etc lost in the Council Building Fire. Recently I have been made aware of another item that is not able to be found subsequent to the fire.

 

  1. Can officers provide a follow up report to Council regarding issues of missing files, and a copy of the original report, please.

 

  1. Is a list/report etc being kept as it emerges that files or DA’s are not able to be found?

 

  1. How is a determination made when items are unable to be located that it is because of the fire? As the fire was 5 years ago could there be other explanations why files are missing?

 

  1. Is it possible and if so what would be the cost for a comprehensive audit to determine what is missing? Was this done at any time since the fire in 2010?

 

  1. Has this issue been discussed at the Audit and Risk Committee to determine whether Council has / should have concerns regarding risk to its business? If so, what was the outcome?

 

  1. How often are audits done on the completeness of details of Council’s files and reports?

 

  1. What actions are in place to ensure that all files are captured on the computer             network?

A response to these questions will be provided in the October business papers.


91

ITEM NO:      QWN 05

FILE NO:        246304.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

1.      Have Council Officers had discussions, pre-DA meetings or any other correspondence with the DeAngelis Group or any other parties with the purpose of formulating a new DA for the site 467 HUME HIGHWAY CASULA NSW 2170 also known as Fontainebleau Motel.

 

a)    if so, please provide details the nature, content and purpose of these discussions

b)    are  Council officers aware of when any application maybe expected to be lodged

c)    if an application is lodged for this site can Councillors be advised immediately by email.

 

2.      Are Council officers aware of discussion owners may have had with local schools regarding a VPA for the site. Does this negotiation have any weight and have officers been involved in such negotiations?

 

3.      Are Council officers aware of any organisations in addition to Casula Public School, that have been approached by representatives of the De Angelis Hotel group to consider/sign a VPA with them?

 

4.      Is Council aware of anyone who has refused to enter into such VPA agreements?

 

5.      When or have Council officers engaged in any discussions with Police concerning a possible new DA for the hotel? Are there minutes or similar available from any meetings of this type.

 

6.      What are the implications of VPAs on the Council and IHAP planning assessment and approval process?

 

7.      Could Council officers determine what legal avenues there are  to oppose on negative social impact grounds under the NSW Liquor and Gambling laws, the move of 30 poker machines from the New Commercial Hotel in Liverpool to a proposed hotel in Casula –within the same LGA, should this be part of any proposal put to Council in the future.

 

8.      Are officers aware if and when an application is expected for the site?

A response to these questions will be provided in the October business papers.


91

ITEM NO:      QWN 06

FILE NO:        246307.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

  1. Can I be advised the costs in relation to industrial matters including legal fees for the following financial years:

 

·         2012-2013

·         2013-2014

·         2014-2015

 

  1. How does this compare to costs for the previous Council term 2008-2012, by financial year?

 

A response to these questions will be provided in the October business papers.

   


93

ITEM NO:      CONF 01

FILE NO:        246642.2015

SUBJECT:     Compulsory acquisition of part Lot 7001 DP 1027994, 16 Stroud Avenue, Warwick Farm, known as 'Rosedale Park' for road purposes

 

RECOMMENDATION

 

That Council:

 

1.   Proceeds with the compulsory acquisition of part Lot 7001 DP 1027994, 16 Stroud Avenue, Warwick Farm, for road purposes, once the exact road alignment has been determined;

 

2.   Proceeds with making the necessary application to the Minister for Local Government and the Governor in accordance with Section 187(2) of the Local Government Act 1993 to obtain approval to give an acquisition notice for part Lot 7001 DP 1027994 to Crown Lands and commence compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991;

 

3.   Upon settlement of the acquisition, classifies part Lot 7001 DP 1027994, 16 Stroud Avenue, Warwick Farm as ‘Operational' land;

 

4.   Keeps confidential the attachment supplied under separate cover containing Council’s valuation advice 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 Mamone            Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Clr Stanley asked that she be recorded as voting against the motion.


93

ITEM NO:      CONF 02

FILE NO:        216990.2015

SUBJECT:     Voyager Point Footbridge - Legal Dispute

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note the report of staff in relation to the Voyager Point footbridge.

 

2.    Delegate authority to the CEO to do all things necessary in his discretion to pursue Council’s rights under the Heads of Agreement against the Commonwealth, including legal action in the Federal Courts and/or the NSW Supreme Court.

 

3.    Engage with Bankstown City Council to consider options for mitigating the loss of the respective Councils resulting from the Commonwealth’s repudiation of the Heads of Agreement.

 

4.    Receive further updates on the progress of this matter through the quarterly legal report to Council.

 

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.


95

ITEM NO:      CONF 03

FILE NO:        220980.2015

SUBJECT:     RCL2449 - Major Events Core Infrastructure

 

RECOMMENDATION

That Council: 

1.    Accept the Tenders as listed below for RCL – 2449 Major Events Core Infrastructure for an initial two year contract term with the option of extending 3 x 12 month options.

PLANNED EVENTS

EVENT: Night Markets

Rank

Tenderer

Lump Sum Amount

Primary

Festival Hire

$13,168.80

Secondary

Party Hire Group

$18,392

 

EVENT: Starry Sari

Rank

Tenderer

Lump Sum Amount

Primary

Festival Hire

$19,228

Secondary

Party Hire Group

$25,440

 

 

 

 

 

 

EVENT: Spring Expo

Rank

Tenderer

Lump Sum Amount

Primary

Festival Hire

$16,379

Secondary

Party Hire Group

$19,005

 

EVENT: New Years Eve

Rank

Tenderer

Lump Sum Amount

Primary

Festival Hire

$8,690

Secondary

Pillingers Hiring Service

$12,504.70

 

EVENT: Australia Day

Rank

Tenderer

Lump Sum Amount

Primary

Festival Hire

$29,700

Secondary

Pillingers Hiring Service

$28,392.10

 

UNPLANNED EVENTS

Rank

Tenderer

Panel

Festival Hire (NSW) Pty Ltd

Panel

Pillingers Hiring Service

Panel

The Trustee for the unit trust (Party Hire Group)

Panel

Coates Hire Operations Pty Ltd

 

2.    Makes public its decision regarding tender RCL2449 – Major Events Core Infrastructure.

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

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

 

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That the recommendation be adopted.

 

Vote for:        Mayor Mannoun

                        Clr Balloot

                        Clr Hadchiti

                        Clr Hadid

                        Clr Harle

                        Clr Karnib

                        Clr Mamone

                        Clr Ristevski

                        Clr Shelton

                        Clr Waller

 

Vote against: Clr Stanley

 

.


97

ITEM NO:      CONF 04

FILE NO:        225917.2015

SUBJECT:     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.

 

RECOMMENDATION

 

That Council:

 

1.   Grants an easement for underground electricity cables to Endeavour Energy 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, as outlined in this confidential Report;

 

2.   Keeps confidential this Report pursuant to the provisions of Sections 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 the relevant documentation necessary for the formalisation of the easement to be signed under Power of Attorney by Council’s delegated officer.

 

COUNCIL DECISION

Motion                              Moved: Clr Waller                Seconded: Clr Harle

 

That the recommendation be adopted.

 

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


99

ITEM NO:      CONF 05

FILE NO:        226048.2015

SUBJECT:     RCL2459 - Plant and Equipment Hire

 

RECOMMENDATION

That Council: 

1.    Accept the tenders from the below listed contractors for tender RCL2459 – Plant and Equipment Hire for an initial two year contract term with the option of extending 2 x 12 months;

·    A&A Hire Service

·    A and C Plant Hire Pty Ltd

·    A.M.A Building Development Pty Ltd

·    Acclaimed Excavations Pty Ltd

·    Action Recover Services Pty Ltd

·    Allards Plant Hire Pty Ltd

·    Aqua Assets Pty Limited

·    Astec Mulch Pty Ltd

·    Coates Hire Operations Pty Ltd

·    Conplant Pty Ltd

·    E and B Tipper Hire Pty Ltd

·    Kennards Hire Pty Ltd

·    Max Hire Pty Ltd

·    Online Pipe and Cable Locating Pty Ltd

·    Premiair Hire

·    Raygal Pty Ltd

·    Sharpe Bros (Aust) Pty Ltd

·    Sherrin Rentals Pty Ltd

·    Spyder Excavation Pty Ltd

·    Total Drain Cleaning

·    Toxfree

2.    Makes public its decision regarding tender RCL2459 – Plant and Equipment Hire.

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

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

 

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved:      Clr Shelton                  Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


99

ITEM NO:      CONF 06

FILE NO:        228608.2015

SUBJECT:     Order of Liverpool Awards

 

RECOMMENDATION

 

That Council:

 

1.    Adopts the award recipients as recommended by the Civic Advisory Committee as set out in this report.

 

2.   Announces the recipients of the Order of Liverpool on 7 November (the date Liverpool was founded by Governor Lachlan Macquarie in 1810) and presents the awards on Australia Day.   

 

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.


101

ITEM NO:      CONF 07

FILE NO:        228741.2015

SUBJECT:     Acquisition of part Lot 1 DP 112012, 35 Rynan Avenue, Edmondson Park, for drainage and open space purposes

 

RECOMMENDATION

 

That Council:

 

1.   Approves the acquisition of part Lot 1 DP 112012, 35 Rynan Avenue, Edmondson Park, containing an area of approximately 9,451 square metres for the price and terms outlined in the confidential attachment;

 

2.   Upon settlement of the acquisition, classifies the portion of Lot 1 DP 112012, 35 Rynan Avenue, Edmondson Park, being acquired as 'Community' land;

 

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

 

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

 

COUNCIL DECISION

 

Motion                              Moved: Clr Shelton              Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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


101

ITEM NO:      CONF 09

FILE NO:        231588.2015

SUBJECT:     Proposed reclassification, rezoning and disposal of part Lot 1001 DP 1006332, Forcett Close, West Hoxton

 

RECOMMENDATION

 

That Council:

 

1.   Approves the reclassification, rezoning and disposal of part Lot 1001 DP 1006332, Forcett Close, West Hoxton, for the price and terms outlined in the confidential attachment;

2.   Keeps confidential the attachment supplied under separate cover containing the purchase 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 Council is conducting (or proposes to conduct) business;

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

4.   Transfers the net proceeds from the sale back into the relevant Section 94 Contribution Plan.

 

COUNCIL DECISION

Motion                              Moved: Clr Hadid                 Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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


103

ITEM NO:      CONF 11

FILE NO:        230186.2015

SUBJECT:     ST2441 - Newspaper Advertising

 

RECOMMENDATION

That Council:

1.    Accept the Tender from News Limited for ST2441 -  for an initial 2 year contract term with the option of extending for a further one year  at the GST inclusive price of $110,000.

2.    Accept the Tender from New Creative Advertising Company for Portion B of Tender ST2441 – Newspaper Advertising for an initial two year contract term with the option of extending for a further one year at the GST inclusive price of $72,912.00

3.    Makes public its decision regarding tender ST2441 – Newspaper Advertising.

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

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: Mayor Mannoun               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 Mamone

                        Clr Ristevski

 

Vote against: Clr Harle

                         Clr Karnib

                         Clr Shelton

                         Clr Stanley

                         Clr Waller

 

 

ITEM NO:      CONF 13

FILE NO:        230248.2015

SUBJECT:     Legal Affairs Report

 

RECOMMENDATION

 

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

 

COUNCIL DECISION

 

Motion                              Moved: Clr Hadid                 Seconded: Clr Balloot

 

That the recommendation be adopted.

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

 

 

THE MEETING CLOSED AT 5.25pm

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     28 October 2015

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  30 September 2015 and reconvened on 6 October 2015. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

 

 

 


105

Ordinary Meeting 28 October 2015

Notices of Motion

 

NOM 01

Interfaith Functions 2015

 

Strategic Direction

Proud Engaged City

Deliver a range of stimulating and vibrant cultural events, programs and festivals

Key Policy

Events Strategy

File Ref

246397.2015

Author

Gus Balloot - Deputy Mayor

 

 

Background

 

The recent Interfaith functions held by Liverpool Council have been rather controversial and caused a storm in the media. They have brought a negative light onto our Council and we should investigate why this has occurred.

 

This information is important to understand and learn any mistakes made from the recent events, so as to avoid making the same mistakes in the future. It is after all, rate payers money being spent on these events, and Council conduct should be investigated. 

 

NOTICE OF MOTION

 

That Council provide details of attendees who attended on each occasion Council held an Interfaith dinner or luncheon.

 

The report should include the following information:

 

·    Number of people who attended each function.

·    The amount spent on each function.

·    How many attendees for each function were from outside our LGA.

·    Who organised and was in charge of invitations for each function.

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

In July 2015 Liverpool Council held an Iftar Interfaith Dinner at Skyview Reception with 300 attendees.  The cost of function was $13,500.  Names of attendees for this function were generated by the Mayor and some Councillors.   The event was co-ordinated by staff in consultation with the Mayor and those Councillors who attended.

 

In August an Orthodox Interfaith Lunch was held in Liverpool Catholic Club.  There were 591 attendees.  The cost of the function was $45,698.  Names of attendees for this function were predominately generated by Councillor Ristevski and Councillor Mamone.  The event was co-ordinated by staff in consultation with the two Councillors.

 

In both instances, the majority of the contact details for the invitations were sent via email.  As such, a percentage of the attendees who are from the LGA could not be captured for both functions.   

 

In addition to those invitations issued via email, it is believed that the Orthodox Lunch invitations were issued through word of mouth in local Churches,  as was reflected in the number of unexpected attendees.    

 

As per 30 September 2015 NOM, Council staff will be preparing a report to Council on the best way to conduct interfaith functions and civic events generally in the future.

 

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.

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

Promote community harmony and address discrimination.

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.

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

 

 

ATTACHMENTS

 

Nil


107

Ordinary Meeting 28 October 2015

Notices of Motion

 

NOM 02

Fiscal Restraint

 

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

271953.2015

Author

Peter Ristevski - Councillor

 

 

Background

 

At a time where all levels of Government (Federal, State & Local) are tightening their belts in these lean economic times, as Councillors we need to lead by example. As Councillors we have a fiduciary duty to our ratepayers to ensure that their money is spent in the most efficient way without waste. We have a fiscal responsibility especially when we do not satisfy all four criteria in the NSW Government Fit For The Future Benchmarks. At a time when we owe over $40,000,000 in debt, we should not be spending money on Mayor & Councillors Policy Advisors and Research Staff. Especially since we have been cutting costs in other areas like cleaning and customer service staff.

 

The office of the Mayor has increased the pressure on the budget from $127,997 to an estimated cost to ratepayers for this financial year of $430,542. The office of the CEO has increased the pressure on the budget from $488,193 to an estimated cost to ratepayers for this financial year of $908,232. That is a total annual increase of $722,584 to the ratepayers.

 

An examination of adjoining Councils demonstrates the outrageous level of waste within our Mayor and Councillor office. Example, in Fairfield and Bankstown Council (which are of equivalent size to Liverpool), the Mayor and Councillors do not have any policy advisors or research staff.

 

As Councillors we need to show leadership and cut our costs firstly before asking others within the organization to do the same.

 

NOTICE OF MOTION

 

That:

 

1.   A restructure occur in the Mayoral and Chief Executive Officer’s area that sees all positions except a personal assistant for both the Mayor and CEO removed from the structure.

 

2.   The funding for these positions be diverted to fund the legal challenge against the Moorebank Recyclers. It is no fair that the entire ratepayers fund this as this is the case currently. We Councillors should ensure there is enough money in the budget to fight this properly and not half heartedly.

 

3.   Any future positions created in the executive area be brought to Council for briefing and determination as the relevant industrial instrument sets out.

 

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.

Deliver services that are customer focused.

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

 

 

ATTACHMENTS

 

Nil


109

Ordinary Meeting 28 October 2015

Notices of Motion

 

NOM 03

Council Policy and Media Announcements

 

Strategic Direction

Proud Engaged City

Engage and consult with the community to enhance opportunities for communication and involvement

Key Policy

Communications Plan

File Ref

272060.2015

Author

Peter Ristevski - Councillor

 

 

Background

 

Recent media reports have been reporting on major policy shifts in Council that on paper will have a significant effect on our budget. The most concerning thing about these media reports is that they have not gone through the legislative checks and balances by seeking the approval of Councillors. An example of these media reports are as follows:

 

1.   Stadium Policy that is to be funded via developer contributions to the sum of $400,000,000. If we break down these costs to the $10,000 developer contribution for each unit as reported in the media, this equates to an astounding figure of 40,000 units. The following questions need to be asked:

 

i.    How long will it take to build 40,000 units in Liverpool? 20 years?

ii.    What if 40,000 units don’t get built? How will this project be funded? Will it become a white elephant?

iii.   Who will fund the cost overruns? Will we have to sell Council assets to fund this? Have we done a complete cost analysis? Projects of this size, nine times out of ten go over budget. We already have a $40,000,000+ debt.

 

We can never forget the Oasis project which also involved the building of a stadium in Liverpool and left ratepayers with a massive debt and the sacking of the complete Council.

 

2.   World on a Plate Food Truck – Council spent $42,000 on feeding Martin Place executives outside of our LGA for free when we have a homeless issue in our LGA. Question:

 

i.    How did we measure if this was a success or a complete waste? What benchmarks have we applied?

ii.    What benchmarks have we applied?

 

It is bad policy to announce such major issues without firstly running it through Council. We cannot have a situation where the Mayor is the centrepiece of all these news stories without the express approval of the full Council. As Council is not a Presidency, such media reports have the potential to put ratepayers in the red costing thousands of dollars per household if something goes wrong. Decisions such as these must have the full backing of Council.

 

NOTICE OF MOTION

 

Noting Council's Media representation policy:

 

"Official Council Spokespersons

 

 4.4  The Mayor is Council’s official spokesperson and is responsible for providing media comment and media statements about Council policies and other matters of public interest."

 

That a report be provided for the November 2015 Council meeting addressing the following:

 

1a) When did Council agree that its policy was to build a Stadium worth $600 million?

 

1b) Have Councillors been provided with such plans or proposals for the stadium at this cost? If so, when and how were these plans discussed?

 

1c) When was an agreement made that such a policy would be funded by developer contributions?

 

1d) What consultation has been sought and what reaction has there been to this statement from Developers and ratepayers?

 

1e) What risks are there to continued development in Liverpool if further costs are added to developer's levies for such a venture? Is such a levy possible under current legislation?

 

1f)  Why were Councillors not informed in advance of the Media Coverage of the announcement of a seemingly major outlay of ratepayers' money on this development?

 

2.   And answer the questions posed in the background of this notice of motion namely:

                  

a)   Stadium Policy that is to be funded via developer contributions to the sum of $400,000,000. If we break down these costs to the $10,000 developer contribution for each unit as reported in the media, this equates to an astounding figure of 40,000 units. The following questions need to be asked:

 

i.    How long will it take to build 40,000 units in Liverpool? 20 years?

ii.    What if 40,000 units don’t get built? How will this project be funded? Will it become a white elephant?

iii.   Who will fund the cost overruns? Will we have to sell Council assets to fund this? Have we done a complete cost analysis? Projects of this size, nine times out of ten go over budget. We already have a $40,000,000+ debt.

         

b)   World on a Plate Food Truck – Council spent $42,000 on feeding Martin Place executives outside of our LGA for free when we have a homeless issue in our LGA. Question:

 

i.    How did we measure if this was a success or a complete waste? What benchmarks have we applied?

ii.     What benchmarks have we applied?

 

 

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

 

Nil


112

Ordinary Meeting 28 October 2015

Notices of Motion

 

NOM 04

Welcoming the Wanderers W-League Team to Liverpool

 

Strategic Direction

Healthy Inclusive  City

Improve health and wellbeing and encourage a happy, active community

Key Policy

Recreation Strategy

File Ref

272150.2015

Author

Peter Ristevski - Councillor

 

 

Background

 

Now that Liverpool has secured the rights to host the Wanderers W-League team regular training at Ernie Smith Reserve, it would be fitting to host a ‘Welcome to Liverpool’ event for the players at CPAC to toast this partnership.

 

Having the Wanderers W-League team based right here in Liverpool will not only raise the profile of women’s soccer and the sport more generally, it will help boost local female participation across all ages in soccer.

 

I would also like to extend the invitation to this event to Council Staff and Jim Stefan who have worked tirelessly behind the scenes to make this happen. 

 

NOTICE OF MOTION

 

That Council:

 

1.   Host a welcome reception for the Wanderers W- League team.

 

2.   As well as the Wanderers W-League team, invite representatives from Southern Districts Soccer Football Association (SDSFA), female players from local clubs, and selected female students from local schools interested in soccer.

 

3.   Hold the event in the afternoon or early evening so that Councillors, players, local female club players, and local school children can attend.

 

4.   Delegate Councillor Ristevski to invite all attendees

 

5.   Allocates up to $5,000 to host this 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

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

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


114

Ordinary Meeting 28 October 2015

Notices of Motion

 

NOM 05

Law & Order

 

Strategic Direction

Liveable Safe City

Improve the community’s sense of safety in Liverpool

Key Policy

Community Safety and Crime Prevention Strategy

File Ref

272162.2015

Author

Peter Ristevski - Councillor

 

 

Background

 

Council has committed to a $10,000,000 plus investment in the Mall. Like any major investment, it must be protected in order to see a return to the ratepayers.

 

One of the basic rights that citizens of our LGA should expect is proper law and order when they are dinning in the Mall. There have been many media reports of dinners being harassed by people with substance abuse whilst they are enjoying their social time in the Mall. Situations such as this do nothing more than encourage dinners not to visit the Mall again and leave a bad impression for those outside of our LGA visiting for the first time.

 

Unless we are proactive, our investment of $10,000,000 in the Mall will become a white elephant. Great to look at but with very little visitation due to law & order issues.

 

The success of organisations like Westfields comes down to the fact that they control the shopping experience with a very big emphasis on law & order. Our mall is open to elements as there is no physical presence to control unsocial behaviour.

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Implement a concierge service throughout the Mall to maintain social acceptable behaviour.

 

2.   Establish a taskforce of Councillors to work with the Police in maintaining a permanent beat in the Mall at all times.

 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

Support policies and plans that prevent crime.

Deliver high quality services for children and their families.

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

Deliver services that are customer focused.

 

 

ATTACHMENTS

 

Nil   


116

Ordinary Meeting 28 October 2015

Independent Hearing and Assessment Panel Report

 

IHAP 01

DA-1162/2014 - Construction of a food and drink premises with 24 hour operation on proposed Lot 1 created in DA-1106/2014 at 501 Cowpasture Road, Len Waters Estate

 

Strategic Direction

Vibrant Prosperous City

Assist exiting businesses to grow, innovate and become more competitive

Key Policy

Economic Development Strategy

File Ref

256163.2015

Report By

Shannon Rickersey - Team Leader Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

Property

501 Cowpasture Road, Len Waters Estate NSW

Owner

Amarino Pty Ltd

Applicant

McDonald's Australia Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-1162/2014 proposing the construction of a food and drink premises with 24 hour operation on proposed Lot 1 created in DA-1106/2014 in a subdivision of Lot 29 DP 1044841 at 501 Cowpasture Road, Len Waters Estate.

 

This application was referred to the 28 September 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 7.15 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a 90m building street frontage in the B6 Zone.  The proposed street frontage of 32.9m represents a variation of 63.6% to the standard.  No submissions were received in response to the notification of the proposal.

 

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

 

 

 

 

RECOMMENDATION

 

That Council approves Development Application DA-1162/2014 subject to the recommended conditions of consent attached to the Council officer’s IHAP report (See Attachment 2).

 

Background

 

Council has received and considered a development application DA-1162/2014, proposing the construction of a food and drink premises with 24 hour operation on proposed Lot 1 created in DA-1106/2014 in a subdivision of Lot 29 DP 1044841 at 501 Cowpasture Road, Len Waters Estate.

 

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 7.15 of the LLEP 2008 which prescribes a 90m building street frontage in the B6 Zone.  A street frontage of 32.9m exists for proposed Lot 1, however the site is part of a larger approved master planned commercial development with a total combined street frontage of 217m.

 

The Site

 

The subject site is identified as proposed Lot 1 created in DA-1106/2014 in a subdivision of Lot 29 DP 1044841 at 501 Cowpasture Road, Len Waters Estate. The subject site is an irregular shaped lot with an area of 2525m².  The subject site is currently vacant and undergoing earthworks approved in development application DA-926/2010.  The site fronts Cowpasture Road to the north and west, Hinchinbrook Creek to the east, and vacant SP2 land to the south.

 

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

 Lot 29

 

Figure 1: Aerial view of the subject site.

 

Subject Site: Proposed Lot 1

 

Figure 2: Location of Proposed Lot 1 (Approved Plan under DA-1106/2014)

 

The subject site is located in an area containing a mixture of commercial and industrial development as well as land reserved for road corridor and public recreation land.

 

 

 

Subject Site

 

Commercial Development

 

M7 Motorway

 

Hinchinbrook Creek

 

Figure 3: The site and surrounding locality.

 

details of the proposal

 

The proposed development consists of:

 

·    Construction of a free standing food and drink premises (McDonald’s Restaurant) with a proposed floor area of 341m² on proposed Lot 1 including the following details:

 

24 hour operation, seven days a week.

Restaurant seeting capacity of 64 seats.

32 car parking spaces (including 1 accessible space).

Drive-through lane.

Associated landscaping works.

Associated signage including pylon sign, wall signs, flag poles, directional signage.

 

The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.15 of the LLEP 2008, which prescribes a minimum building street frontage in the B6 Zone of 90m. 

 

An extract of the proposed development plans is provided in Figure 4 below. 

 

Figure 4: Proposed Lot layout for subject site.

 

the issues

 

The key issue identified with respect to the proposal relates to the variation to the minimum building street frontage in Zone B6 required by Clause 7.15 of the LLEP 2008.

 

Proposed Lot 1 fails to comply with Clause 7.15, which states ‘Development consent must not be granted to the erection of a new building or to an addition to an existing building on land in Zone B6 Enterprise Corridor unless any frontage of the site to a classified road is at least: (a) 90 metres.’

 

The application proposes the construction of a new building on a lot (Proposed Lot 1) with a frontage to Cowpasture Road of 32.9m, representing a variation of 63.6% to the standard.

 

Consequently, the applicant has submitted a written request seeking a variation to the minimum building street frontage control as prescribed by Clause 7.15 of LLEP 2008.

 

The objectives of Clause 4.6 of the LLEP 2008 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 objectives of the clause are met notwithstanding the non-compliance.  Proposed Lot 1 has a frontage of 32.9m, however it is part of a larger master planned commercial development that has a total frontage of 217m to Cowpasture Road.  Access to the commercial development is via a signalised intersection and a slip lane.

·    Strict compliance with the control would not facilitate the proper development of land.

·    It is unnecessary to insist on strict compliance as the objectives of the standard are achieved and access to the site can be limited to the signalised intersection and an uncluttered street presentation remains achievable. 

 

The following comments are offered in response to the variation sought to Clause 7.15:

 

·    Appropriate access arrangements are provided to the site as approved in DA-1106/2014, which provides for a signalised intersection and slip lane to provide access to five approved lots.  Individual access from proposed Lot 1 is not proposed.

·    The development complies with other relevant LLEP 2008 development standards and will result in a visually ordered streetscape and is consistent with the desired future character of the B6 Enterprise Corridor Zone.

·    The development therefore meets the objectives of the standard despite the proposed non-compliance.

 

Having regard to the above, it is considered that strict compliance with Clause 7.15 is unreasonable and unnecessary in this instance, and there are sufficient environmental planning grounds to justify contravening the standard.

 

Independent Hearing and assessment panel

 

At their meeting on 28 September 2015, the IHAP made the following recommendation:

 

‘The Panel recommends that DA-1162/2014 be approved subject to the conditions recommended in the Council officer’s report.’

 

Conclusion

 

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

 

 

CONSIDERATIONS

 

Economic and Financial

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

Facilitate economic development.

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

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

2.         IHAP reportView (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)  


123

Ordinary Meeting 28 October 2015

Independent Hearing and Assessment Panel Report

 

IHAP 02

DA-997/2014 - Subdivision of proposed Lot 207 (approved under Development Consent No.508/2013) into two Torrens title lots at 291 Green Valley Road, Green Valley

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

257221.2015

Report By

Rodger Roppolo - Development Assessment Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 11 DP 838137, 291 Green Valley Road, Green Valley

Owner

Oliveri Transport Services Pty Ltd

Applicant

Grinsell & Johns Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-997/2014, proposing the subdivision of proposed Lot 207 (approved under Development Consent No. DA-508/2013) into two Torrens title lots at Lot 11 DP 838137, 291 Green Valley Road, Green Valley. This application was lodged on the 13 November 2014.

 

This application was referred to the 28 September 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 lot width for access handles. The proposed lots have a combined access handle width of 5 metres, however individually the access handle width is 2.5 metres, 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 (See Attachment 3).

 

 

 

 

RECOMMENDATION

 

That Council approves development application DA-997/2014 subject to conditions of consent contained within the Council officer’s IHAP report (see Attachment 2).

 

Background

 

Council has received and considered a development application DA-997/2014, proposing the subdivision of proposed Lot 207 (approved under Development Consent No. DA-508/2013) into two Torrens title lots at Lot 11 DP 838137, 291 Green Valley Road, Green Valley.

 

Pursuant to the requirements of the endorsed 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.

 

The development application seeks to vary Clause 7.13 of the LLEP 2008 which requires a 5 metre width for access handles. The proposed lots have a combined access handle width of 5 metres, however individually the access handle width is 2.5 metres, representing a variation of 50%

 

The Site

 

The development site is legally identified as Lot 11 in DP 838137, being 291 Green Valley Road, Green Valley. The site is regularly shaped with an area of approximately 7,980m2. The site together with the adjoining site to the west was formerly used as a bus depot.

 

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

Figure 1: Aerial image of the subject site.

 

The immediate locality is generally comprised of low scale residential development consisting of single storey and two storey detached dwellings. Development to the west of the subject site consists of a service station.

 

Figure 2: The site and surrounding locality.

 

It is noted that Development consent No. DA-508/2013 issued on the 11 March 2014, granted approval for the subdivision of the site into 15 Torrens title lots including the construction of roads, drainage and infrastructure. An extract of the subdivision plan is provided below.

Proposed Lot 207 to be subdivided, under DA-997/2014.

 

Figure 3: Extract of the subdivision plan as approved under Development Consent No. DA-508/2013.

 

details of the proposal

 

The development application seeks consent for the subdivision of proposed Lot 207 into two Torrens title lots. It is noted that proposed Lot 207 was approved under Development Consent No. DA-508/2013.

 

Details of the proposed Lots are as follows:

 

Proposed Lot

Area

Lot Width

Access Handle Width

Type of Lot

401

474m2

12.4m

2.5m

Battle axe lot

402

537m2

12.4m

2.5m

Battle axe lot

 

-     The proposed lots will be accessible via Rocco Place, which is to be extended under Development Consent No. DA-507/2013 and DA-508/2013.

-     Proposed Lot 401 and Lot 402 will share a 5 metre wide access handle.

 

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 for access handles in Zones R1, R2, R3 and R4.

 

An extract of the proposed subdivision plan is provided in Figure 4 below. 

 

Proposed Lot 401 and Lot 402 to share a 5m wide access handle

 

Figure 4: 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 for the access handle required by Clause 7.13 of the LLEP 2008.

 

Clause 7.13(4)(a) of the LLEP 2008, identifies a minimum lot width of 5 metres for the access handle for all battle axe lots. The development proposes the following:

 

-     Lot 401 provides a minimum access handle width of 2.5 metres. The extent of variation is 2.5 metres or 50%.

-     Lot 402 provides a minimum access handle width of 2.5 metres. The extent of variation is 2.5 metres or 50%.

 

Consequently, the applicant has submitted a written request seeking a variation to the minimum lot width control as prescribed by Clause 7.13(4)(a) of the LLEP 2008.

 

The objectives of Clause 4.6 of the LLEP 2008 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 summarised as follows:

 

The development standard is unnecessary in this instance as the battle-axe allotments provide an access handle that will allow suitable movement to and from the 2 lots which it seeks to service. The 5m wide shared driveway is considered suitable as it:

-     Provides the ability for a vehicle and pedestrian to pass safely if required;

-     Is only required to be 13.7m long to allow access to proposed Lot 402;

-     Will provide a length in which vehicles entering and existing the site in a forward direction will be able to view other vehicle using the access handle, allowing vehicles to give way accordingly; and

-     Will manage the 18 daily trips and 1.7 week date peak hour trips generated by future dwellings houses as detailed in the RMS ‘Guide to Traffic Generating Development’.

 

The following comments are offered in response to the variation sought to Clause 7.13(4)(a):

 

Although the proposed lot width does not meet the numerical control it still achieves the objective of the Clause which 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 following factors have been considered in assessing the appropriateness of this variation:

 

-     The proposal would still provide an average lot width of 12.4 metres, and site areas well in excess of the 300m2 requirement which is more than sufficient to accommodate a dwelling.

-     Based on the above, the variation does not prevent the objectives of the lot width standard from being achieved, in terms of enabling suitable residential development to be constructed on the site.

-     The variation would not result in any detrimental environmental impacts and is acceptable.

-     The variation is considered to be consistent with Draft LLEP 2008 Amendment 32 which will facilitate the sharing of access handles for a maximum of two allotments. The gazettal of Amendment 32 is imminent.

 

Having regard to the above, it is considered that strict compliance with Clause 7.13 is unreasonable and unnecessary in this instance and there are sufficient environmental planning grounds to justify contravening the development standard in this instance.

 

Independent Hearing and assessment panel

 

At their meeting on 29 September 2015, the IHAP made the following recommendation:

 

The Panel recommends that DA-997/2014 for the subdivision of proposed Lot 207 (approved under Development Consent No. DA-508/2013) into two Torrens title lots be approved subject to conditions attached to the Council officer’s report.

 

Conclusion

 

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

 

CONSIDERATIONS

 

Economic and Financial

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 ReportView (Under separate cover)

3.         IHAP Recommendation View (Under separate cover)  


131

Ordinary Meeting 28 October 2015

Independent Hearing and Assessment Panel Report

 

IHAP 03

DA-439/2015 - Demolition of existing structures and construction of a seven (7) double storey multi dwelling housing development at 283-285 Newbridge Road, Chipping Norton

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

257339.2015

Report By

George Dojas - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

283-285 Newbridge Road, Chipping Norton NSW 2170

Owner

MR M AL ASKAR

Applicant

ABSOLUTE DESIGN GROUP

 

 

Executive Summary

 

Council has received and considered a Development Application DA-439/2015, proposing demolition of existing structures and construction of a seven (7) double storey multi dwelling housing development at 283-285 Newbridge Road, Chipping Norton. This application was lodged on 29 May 2015.

 

This application was referred to the 28 September 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the proposal generated more than five (5) unresolved objections.

 

The IHAP recommendation was to approve the Development Application subject to conditions of consent contained within the Council Officer’s IHAP report (See Attachment 2), and additional conditions recommended by IHAP (See Revised Recommended Conditions of Consent - Attachment 4).

 

 

 

 

 

 

RECOMMENDATION

 

That Council approves Development Application No. DA-439/2015, subject to the revised recommended conditions of consent (See Attachment No. 4).

 

Background

 

Council has received and considered a Development Application DA-439/2015 proposing demolition of existing structures and construction of a seven (7) double storey multi dwelling housing development at 283-285 Newbridge Road, Chipping Norton.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development generated more than five (5) unresolved objections.

 

The proposal was notified in accordance with Council’s notification procedures contained in Liverpool Development Control Plan 2008. The proposal was notified between 16 June 2015 and 2 July 2015. In response 31 submissions were received. The submissions are addressed in the IHAP Assessment Report (See Attachment 2).

 

The Site

 

The site is identified as 283-285 Newbridge Road Chipping Norton, with a legal description of Lots 3 & 4 in DP 234918. The sites are rectangular shaped allotments located on the northern side of Newbridge Road with a total site area of 1505sqm.

 

The subject sites contain single storey dwelling houses with pitched roofs. The site has a slope from south to north of approximately 1m.

 

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

Subject Sites

 

Figure 1: Aerial image of the subject sites

 

The subject site is located in an established residential area within Chipping Norton. The surrounding locality consists of low density residential development, and small scale commercial development directly to the east of the site.

 

Subject Sites

 

Figure 2: The site and surrounding locality

 

 

details of the proposal

 

The proposed development consists of:

 

·    Demolition of all existing structures, tree removal and excavation;

·    Construction of a two (2) storey multi dwelling housing development containing seven (7) units;

·    Associated landscaping and drainage works.

 

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

 

Figure 3: Streetscape elevation of the proposed development

 

the issues

 

The proposed development is compliant with applicable planning instruments and policies. The key issue identified with the proposal relates to the number of submissions received during the notification period. The development was notified in accordance with Council’s notification procedures contained in Liverpool Development Control Plan 2008. The proposal was notified between 16 June 2015 and 2 July 2015, in response 31 submissions were received. The issues raised within the submissions were generally related to the proposed development type (multi dwelling housing), privacy impacts, noise impacts, overshadowing, and parking onsite. The submissions are discussed in detail within the IHAP Assessment Report (See Attachment 2).

 

Independent Hearing and assessment panel

 

At their meeting on 28 September 2015, IHAP stated the following:

 

The Panel have inspected the site and read the Council officer’s report. The Panel heard representation from one objector and the applicant’s architect.

 

The Panel agrees with the Council officer’s recommendation for approval subject to the following issues being addressed by way of additional conditions:

 

·    An additional one visitor car parking space is required to comply with the LDCP 2008 (the Panel recommends that this space be provided adjacent to the existing visitor’s space).

 

·    A fixed privacy screen is to be provided to each bedroom window on the northern elevation of the first floor in order to screen views into the private open space of adjacent properties to the north.

 

·    A detailed landscape plan is to be submitted identifying proposed trees, shrubs and ground covers, numbers, types and sizes that will provide an appropriate amenity to the subject site. The palm trees to the rear and eastern boundary of the site are to be retained and integrated into the revised landscape plan.

 

Recommendation of the Panel:

 

The Panel recommends that DA-439/2015 be approved subject to the conditions recommended in the Council officer’s report and additional conditions described above.

 

Additional conditions recommended by IHAP have been included (See Revised Recommended Conditions of Consent - Attachment 4).

 

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 ReportView (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)

4.         Revised Conditions of ConsentView (Under separate cover)  


136

Ordinary Meeting 28 October 2015

Independent Hearing and Assessment Panel Report

 

IHAP 04

DA-998/2014 - Subdivision of proposed Lot 9 and Lot 10 (as approved under Development Consent No. DA-507/2013) into four Torrens title lots at 315 Green Valley Road, Green Valley

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

257537.2015

Report By

Rodger Roppolo - Development Assessment Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 202 DP 1175213, 315 Green Valley Road, Green Valley

Owner

Mrs K J Oliveri

Applicant

Grinsell & Johns Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-998/2014 proposing the subdivision of proposed Lot 9 and Lot 10 (as approved under Development Consent No. DA-507/2013) into four Torrens title lots at Lot 202 DP 1175213, 315 Green Valley Road, Green Valley.  This application was lodged on 13 November 2014.

 

This application was referred to the 28 September 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 and a 5 metre minimum lot width for access handles. Proposed Lot 301 provides an access handle width of 2.51 metres representing a variation of 49%, proposed Lot 302 proposes an access handle width of 2.55 metres, representing a variation of 49% and proposed Lot 304 provides a minimum lot width of 5.92 metres representing a variation of 59%.  

 

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

 

 

RECOMMENDATION

 

That Council approves Development Application DA-998/2014 subject to the conditions of consent contained within the Council officer’s IHAP report (see Attachment 2) and the following additional conditions:

 

·    A right of way shall be created over each of the access ways of Lot 301 and Lot 302 to benefit Lot 303.

 

·    Vehicular access to Lot 303 shall be restricted by a covenant on title to the access ways of Lot 301 and Lot 302. Direct access from Rocco Place is prohibited.

 

Background

 

Council has received and considered a development application DA-998/2014 proposing the subdivision of proposed Lot 9 and Lot 10 (as approved under Development Consent No. DA-507/2013) into four Torrens title lots at Lot 202 DP 1175213, 315 Green Valley Road, Green Valley. 

 

Pursuant to the requirements of the endorsed 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. Proposed Lot 301 and Lot 302 each require a minimum access handle width of 5 metres. However, individually they are provided with an access handle width of 2.5 metres. Proposed Lot 304 requires a minimum lot width of 10 metres. However, Lot 304 proposes a minimum lot width of 5.88 meters along the front boundary. 

 

The Site

 

The development site is legally identified as Lot 202 in DP 1175213, being 315 Green Valley Road, Green Valley. The site is irregular shaped with an area of approximately 7,773m2. The site together with the adjoining site to the east was formerly used as a bus depot.

 

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

Figure 1: Aerial image of the subject site.

 

The immediate locality is generally comprised of low scale residential development consisting of single storey and two storey detached dwellings. Immediate development to the west of the subject site consists of a service station.

Figure 2: The site and surrounding locality.

 

It is noted that Development Consent No. DA-507/2013 issued on 11 March 2014, granted approval for the subdivision of the site into 14 Torrens title lots including the construction of roads, drainage and infrastructure. An extract of the subdivision plan is provided below.

 

Proposed Lot 9 and Lot 10, to be subdivided, under DA-998/2014.

 

Figure 3 – Extract of the subdivision plan as approved under Development Consent No. DA-507/2013.

 

details of the proposal

 

The development application seeks consent for the subdivision of proposed Lot 9 and Lot 10 into four Torrens title lots. It is noted that proposed Lot 9 and Lot 10 were approved under Development Consent No. DA-507/2013.

 

Details of the proposed Lots are as follows:

 

Proposed Lot

Area

Lot Width

Type of Lot

301

462m2

Average lot width of 11m, with an access handle width of 2.51m

Battle axe lot

302

412m2

Average lot width of 11m, with an access handle width of 2.55m

Battle axe lot

303

357m2

Average lot width of 10.1m, with an access handle width of 5.8m

Battle axe lot

304

363m2

Lot width ranges from 10.5m at the rear boundary to 5.88m at the front boundary.

Regular lot

 

-     The proposed lots will be accessible via Rocco Place, which is to be extended under Development Consent No. DA 507/2013.

-     Proposed Lot 301 and Lot 302 will share a 5.06m wide access handle, with access from Rocco Place.

-     Lot 303 which is a battle-axe lot will have an access handle width of 5.8m with vehicular access permitted from the right of way located on Lot 301 and 302.

-     Lot 304 will have direct access from Rocco Place.

 

An extract of the proposed subdivision plan is provided in Figure 4 below. 

 

Proposed Lot 304 has a minimum lot width of 5.88m at the front boundary

 

Proposed Lot 301 and Lot 302 to share a 5m wide access handle

 

Figure 4: 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 2008.

 

Clause 7.13 of the LLEP 2008, identifies a minimum lot width of 10m for all lots (expect battle axe lots) and a minimum lot width of 5m (for the access handle) for all battle axe lots.

 

 

 

The development proposes the following:

 

-     Lot 301 provides a minimum access handle width of 2.51m. The extent of variation is 2.49m or 49%.

-     Lot 302 provides a minimum access handle width of 2.55m. The extent of variation is 2.45m or 49%.

-     Lot 304 provides a minimum lot width of 5.92. The extent of variation is 4.08m or 59%.

 

Consequently, the applicant has submitted a written request seeking a variation to the minimum lot width control as prescribed by Clause 7.13 LLEP 2008.

 

The objectives of Clause 4.6 of the LLEP 2008 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:

 

Compliance with the development standard is unreasonable and unnecessary in the circumstance of the case, as detailed below:

 

·        Proposed Lot 301 and Lot 302 will share a 5m access handle, with each lot having a 2.5m wide portion of the access handle. This is considered suitable as the combined access handle width achieves the requirement of 5m which will provide the ability for suitable vehicular access.

·        The access handle will serve three lots being Lots 301, 302 & 303.

·        In relation to Lot 304, a 10m lot width will be achieved at the building line of any future dwelling. Additionally, a suitable width is provided at the frontage for vehicular access.

 

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

 

In consideration of the merits of the proposal and the applicant’s submission with respect to Clause 4.6 it is considered that the objectives of Clause 7.13 are still satisfied with this proposal despite the variation.  The objective of Clause 7.13 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 provision of a shared access handle for proposed Lot 301 and Lot 302 will not prevent suitable residential development occurring on the subject lots. The lots meet the minimum lot size requirements and the average lot width requirement. Additionally, the shared access handle will help to minimise separate driveway access points. Furthermore, the variation is considered to be consistent with Draft LLEP 2008 Amendment 32 which will facilitate the sharing of access handles for a maximum of two allotments. The gazettal of Amendment 32 is imminent.

 

In relation to Lot 304, residential development will still be able to be achieved on the subject lot, as a minimum lot width of 10m will be achieved at the building line.

 

Having regard to the above, it is considered that strict compliance with Clause 7.13 of the LLEP 2008 is unreasonable and unnecessary in this instance.

 

Independent Hearing and assessment panel

 

At their meeting on 28 September 2015, IHAP made the following recommendation:

 

The Panel recommends that DA-998/2014 be approved subject to the conditions recommended in the Council officer’s report and subject to the following additional conditions:

 

1.   The vehicular access point to Lot 303 should be restricted by covenant on title to the proposed driveway to Lots 301 and 302 (direct access to Rocco Place is to be prohibited).

2.   A right of way should be created over the driveway to proposed lots 301 and 302 in favour of proposed lot 303.

3.   The western boundary of proposed lot 304 where it intersects with Rocco Place be extended in a direct line to Rocco Place rather than at a diagonal as shown on the proposed plan of subdivision.

 

It is recommended that only Condition No. 1 and Condition No. 2 are adopted by Council, as this would assist in reducing the number of driveways on the corner of Rocco Place. It is considered that condition No.3 would significantly reduce the frontage of Lot 303 and does not provide any overall benefit to the adjoining lots. Further, proposed Lot 304 would be capable of supporting the development of a dwelling in an orderly manner in its current proposed form.

 

Condition No.’s 1 and 2 have been incorporated into the recommendation in addition to the recommended conditions of consent contained within the Council officer’s IHAP report (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 the revised 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 ReportView (Under separate cover)

3.         IHAP Recommendation View (Under separate cover)  


145

Ordinary Meeting 28 October 2015

Independent Hearing and Assessment Panel Report

 

IHAP 05

DA-1183/2014 - Construction of 24 detached dwellings and community title subdivision on proposed development Lots 7 and 8 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985 within the former New Brighton Golf Course at Lot 31 Brickmakers Drive, Moorebank

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

258625.2015

Report By

David Smith - Acting Coordinator Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 31, DP 1181985

Brickmakers Drive, Moorebank

Owner

New Brighton Golf Club Ltd

Applicant

Mirvac Homes (NSW) Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-1183/2014, proposing the construction of 24 detached dwellings and community title subdivision on proposed development lots 7 and 8 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985 (approved DA-426/2014) within the former New Brighton Golf Course.

 

This application was lodged on 23 December 2014.

 

This application was referred to the 28 September 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 4.3 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a maximum building height of 8.5 metres. The proposed building heights range from 6.468m to 11.379 metres, representing a variation of up to 33.87%.

 

The application was not required to be notified or advertised in accordance with the notification policy contained within the Liverpool Development Control Plan (LDCP) 2008.

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

 

RECOMMENDATION

 

That Council approves Development Application DA-1183/2014 subject to the recommended conditions of consent attached to the Council officer’s IHAP report (Attachment 2).

 

Background

 

Council has received and considered a development application DA-1183/2014 proposing the construction of 24 detached dwellings and community title subdivision on proposed development lots 7 and 8 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985 (approved DA-426/2014) within the former New Brighton Golf Course.

 

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

 

The application is accompanied by a written request to vary Clause 4.3 of the LLEP 2008 which requires a maximum building height of 8.5 metres. The proposed building heights range from 6.468m to 11.379 metres, representing a variation of up to 33.87%.

 

The Site

 

The site is identified as Lot 31 Brickmakers Drive, Moorebank with legal description of Lot 31 DP 1181985. The proposed development will occur on proposed development lots 7 and 8 within proposed lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985.

 

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

Figure 1: Aerial image of the subject site.

 

Figure 2 below shows the approved subdivision layout of Development Consent DA-426/2014. The portion of the site which is the subject of this application is proposed development lots 7 and 8 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985, for which development has been granted (DA 426/2014) – identified by the yellow shading in Figure 2 below. The site is located within an established residential area.

 

Figure 2: The site and surrounding locality.

 

 

details of the proposal

 

The proposed development consists of:

 

·    Construction of 24 detached dwellings;

·    Community title subdivision of the two development lots 7 and 8;

·    Works within proposed community lot 1, including landscaping and footpaths within the road verges and construction of part of a pedestrian pathway between the residential allotments in Lot 7 and the adjoining golf course and landscaping of the drainage reserve in Lot 16 and the pocket park at the end of the cul-de-sac of Road 5

 

The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 4.3 of the LLEP 2008, which prescribes the maximum height of buildings. 

 

An extract of the proposed development plan is provided in Figure 3 and 4 below. 

 

Figure 3: Proposed lot layout for Lot 7.

Figure 4: Proposed lot layout for lot 8

 

 

the issues

 

The key issue identified with respect to the proposal relates to the variation to the maximum height of buildings development standard required by Clause 4.3 of the LLEP.

 

It is noted that building height is measured from existing ground level and notwithstanding that Council has granted consent to some substantial earthworks on the subject site that alter the ground levels significantly; the approved works have not been constructed and therefore the application is required to be assessed on the basis of the existing ground levels, rather than the approved ground levels. It is also noted that if the applicant had carried out the earthworks and benching works for the site prior to the determination of this application, the height would have been measured from the new benching levels which would have resulted in all of the dwellings complying with the height standard.

 

Given the non-compliance with the height standard, the applicant has submitted a written request seeking a variation to the maximum height of buildings standard as prescribed by Clause 4.3 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:

 

·    Once the earthworks are completed all dwellings will comply with the height control from the finished earthworks level and the development will appear as a predominantly two storey development.

·    Compliance with the height control is unnecessary and unreasonable to deliver built form across the site which is of commensurate scale and character.

·    The assessment of all other planning controls is from the finished levels and as such there are no environmental impacts associated with the additional earthworks.

·    The breach of the control does not raise matters of State or regional environmental planning.

·    There is public benefit in maintaining the standard only if the application takes into account the earthworks levels on the site that have already been approved by Council.

 

The following comments are offered in response to the variation sought to Clause 4.3:

 

Council has approved the extent of earthworks proposed on the site, and in doing so determined that the earthworks are appropriate for future development of the site as a residential estate. It is therefore considered that there are no significant detrimental impacts upon the amenity or environment of the area. On this basis, notwithstanding the works have not yet been completed, it was anticipated that a two-storey form of development would be constructed and measured from the approved ground levels. As this is contemplated and as the finished streetscapes are appropriate and the design does not result in excessive visual bulk or impacts from the current additional height by way of unacceptable shadowing or overlooking impacts, the variation to the control is considered to be consistent with the objectives of the height control and the zone; and as such is considered to result in a desirable planning outcome. It is therefore considered unreasonable and unnecessary to require compliance with the height control in this instance.

 

Having regard to the above, it is considered that strict compliance with Clause 4.3 of LLEP is unreasonable and unnecessary in this instance.

 

Independent Hearing and assessment panel

 

At their meeting on 28 September 2015, IHAP made the following recommendation:

 

The Panel recommends that DA-1183/2014 be approved subject to the conditions recommended in the Council officer’s report.

 

Conclusion

 

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

 

 

 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

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


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

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

2.         IHAP Report View (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)  


152

Ordinary Meeting 28 October 2015

Independent Hearing and Assessment Panel Report

 

IHAP 06

DA-850/2014 - Construction of a Rural Fire Service Station at Corner Lot 1 Twenty Seventh Avenue, West Hoxton

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

258860.2015

Report By

David Smith - Acting Coordinator Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

Property

Cnr Lot 1 DP 409303

Corner Lot 1 Twenty Seventh Avenue

West Hoxton

Owner

Western Sydney Parklands Trust

Applicant

Liverpool City Council

 

 

Executive Summary

 

Council has received and considered a development application DA-850/2014, proposing the construction of a Rural Fire Service Station at Corner Lot 1, Twenty Seventh Avenue, West Hoxton. This application was lodged on 29 September 2014.

 

This application was referred to the 28 September 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as Council is the applicant and has a pecuniary interest in the development.

 

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

 

RECOMMENDATION

 

That Council approves Development Application DA-850/2014 subject to the recommended conditions of consent (Attachment 1).

 

 

Background

 

Council has received and considered a Development Application DA-850/2014, proposing the construction of a Rural Fire Service Station at Corner Lot 1, Twenty Seventh Avenue, West Hoxton.

 

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 Council is the applicant and has a pecuniary interest in the development.

 

The assessment of the application was undertaken by an independent planning consultant who also prepared the IHAP report (See Attachment 1).

 

The Site

 

The site is identified as Corner Lot 1 Twenty Seventh Avenue, West Hoxton, with legal description of Corner Lot 1 DP 409303.

 

The subject site is located on the south-eastern corner of Twenty Seventh Avenue and Kirkpatrick Avenue, West Hoxton.  The site has a frontage to Twenty Seventh Avenue of 87.63m and to Kirkpatrick Avenue of 169.29m, with an area of 2,030m².

 

The proposed development is to occur on the front portion of the site.

 

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

Subject Site

 

Figure 1: Aerial image of the subject site.

 

The locality is characterised by residential development to the north-east, with the Sydney Water Supply Channel and thence rural land to the eastern side of Twenty Seventh Avenue and rural land to the south and east, as can be seen in the locality photograph below.

Subject Site

 
http://adm-m-gis1/output/Buffer_ims_adm-m-gis168207644347427.jpg

Figure 2: The site and surrounding locality.

 

details of the proposal

 

The proposed development is for construction of a Rural Fire Service Fire Station with 15 car parking spaces. The application is described in detail as follows:

 

Fire Station

The proposed fire station is a single building with a setback from Twenty Seventh Avenue of 23m. The first element is a large, rectangular built element to be used to park fire engines and other appliances in 6 bays. This element has dimensions of 27.3m x 15.3m and has a wall height of approximately 4.9m, with a height to the low pitched roof ridge of approximately 6.4m. To the rear portion of this element is a catering store, store room and toilets and showers (including an accessible WC), over which is to be a future storage area.

 

The second element, which is located to the south of the fire engine parking area, is a lower built form with a skillion roof, having dimensions of approximately 11.2m x 13.2m and a maximum height of 4.9m. This element is to contain a lunch area, kitchenette, pantry and two offices.

 

Figure 3: Proposed building and car parking

 

The building is to be constructed of colorbond metal wall cladding with custom orb metal roof sheeting. As can be seen in Figures 4 and 5, it is also proposed to provide a building identification sign to the facades facing Twenty Seventh and Kirkpatrick Avenues. The signage is to consist of the RFS logo and the words “Middleton Grange RFS Station” and is to be flush wall signs.

 

Figure 4: Proposed building as viewed from Twenty Seventh Avenue

 

Figure 5: Proposed building as viewed from Kirkpatrick Avenue

 

 

External Works

The site is to be regraded in the vicinity of the proposed development using cut and fill and a 1:4 batter slope is proposed at the rear of the building. In front of the building is a concrete hardstand area for maneuvering of fire appliances and to the south of that area is a proposed 15 space (including 1 accessible space) car parking area. Both the hardstand and parking areas are proposed to be set back approximately 6m from Twenty Seventh Avenue. Two x 20,000L rainwater tanks are proposed at the rear of the building, along with a generator. Landscaping is proposed around the hardstand and car parking areas by way of low to medium shrubs (maximum 3m height) and 5 Spotted Gums are proposed to be planted to replace the two trees required to be removed to construct the building. The regraded areas of the site are to be turfed. A 2.4m high chainwire fence is proposed around the RFS compound for security.

 

Use

The premises is not to be permanently staffed, being utilised only when a fire call is received or in order to carryout regular training for the brigade. It is estimated that 6-8 brigade members will attend in the event of a fire call, with a maximum of 14 in extreme events. The premises will be operable 24 hours a day in relation to response to emergency fire calls. The station will have the following trucks parked permanently onsite:

 

·    1 x 13 tonne vehicle

·    1 x 7-8 tonne vehicle

·    1 x 2-2-5 tonne vehicle

·    1 x Hilux or equivalent

 

the issues

 

The key issue identified with respect to the proposal relates to the servicing of the site and the impact of the development upon the nearby residential area in terms of traffic and noise.

 

In accordance with the Liverpool Development Control Plan the development application was notified between 29 October and 13 November 2014 and two submissions were received raising the following concerns with the proposal.

 

Risk to Pedestrians/Cyclists

 

Concern is raised that any increase in traffic on Twenty Seventh Avenue will result in a high risk to pedestrians and cyclists using the road as the road has no dedicated footpath or cycle way.

 

Officer Comment

 

Twenty Seventh Avenue (in proximity to the site and leading up to its intersection with Fifteenth Avenue) is not a road where it would be difficult for a pedestrian or cyclist to view vehicles or vice versa, being a relatively flat and straight road. In such conditions, and given the relatively low traffic numbers on the road, it is not considered that the use of the road network by vehicles from the facility will result in any unacceptable increase in risk to cyclists or pedestrians.

 

Safety at intersection of Twenty Seventh and Fifteenth Avenues

 

Concern is raised that the poor visibility at the intersection due to existing guard rails will result in pedestrian and cyclist safety concerns with the increase in traffic from the proposal.

 

Officer Comment

 

It is not considered that the intersection has unacceptable visibility such that the location of the facility at the subject site would be inappropriate.

 

Sewer

 

Concern is raised that the facility should be connected to the sewer to avoid impact upon the water supply channel.

 

Officer Comment

 

The application has been amended to include connection to the sewer.

 

Telecommunication Availability

 

Concern is raised as to whether there are adequate telecommunication facilities available to the site as internet services are congested and mobile coverage is patchy.

 

Officer Comment

 

This is a matter for investigation by the applicant.

 

Noise

 

Concern is raised that an acoustic report has not been prepared and submitted to Council with the development application and that given the proximity to residential properties, conditions limiting the time of day sirens can be used should be imposed upon any approval.

 

Officer Comment

 

The proposed facility is not one that inherently results in noise impacts (i.e. due to the day to day operation on the site), other than potentially due to the plant. Noise impact from plant is appropriately addressed at the construction certificate stage as the need for noise amelioration measures can only be determined once the equipment is chosen, which happens at that stage. Accordingly, a condition of consent is recommended requiring an acoustic report to address the noise emission of plant to be submitted with the construction certificate application.

 

The only other potentially intrusive noise is that from sirens on appliances used at the premises. Sirens are only used when the vehicle which is breaking the road rules (due to speed, travelling on the opposite side of the road, going through red lights, etc.) and needs to warn other road users of its presence or when the vehicle needs to take priority over other road users and needs to warn them. As such, no sirens would be used for training, for back burning or for other similar works by the facility. Sirens would only be used in close proximity to the site when there is an excess of traffic on Twenty Seventh Avenue near the exit to the facility or at nearby intersections where priority is required in built up traffic. Given the infrequency of such events coinciding with bush fire events, it is not considered that siren noise will be a significant noise problem for residents. It is further noted that as sirens are used in emergency situations and only to ensure safety, it is unrealistic and unsafe to attempt to limit their use or ameliorate the noise from them in any way.

 

For these reasons an acoustic report was not requested, being considered to be unnecessary in relation to the sirens, and not required until the construction certificate stage in relation to plant noise.

 

Should be Located in Middleton Grange

 

The application has been assessed in terms of its suitability for the subject site and it is considered that the site is suitable for the facility.

 

Officer Comment

 

The decision on the most appropriate location for the facility in terms of the catchment of its services is a matter for NSW RFS.

 

Independent Hearing and assessment panel

 

At their meeting on 28 September 2015, IHAP made the following recommendation:

 

The Panel recommends that DA-850/2014 be approved subject to the conditions recommended in the Council officer’s report.

 

Conclusion

 

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

 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         IHAP Report View (Under separate cover)

2.         IHAP Recommendation View (Under separate cover)    


160

Ordinary Meeting 28 October 2015

Chief Executive Officer Report

 

CEO 01

Corporate Sponsorships

 

Strategic Direction

Vibrant Prosperous City

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

Key Policy

Marketing and Promotion Strategy

File Ref

269705.2015

Report By

Anthea Hall - Manager Marketing and Communications

Approved By

Kiersten Fishburn - Acting Chief Executive Officer

 

 

Executive Summary

 

Council provides financial assistance to the community through the Corporate Sponsorship program.

 

The Financial Contributions Panel (FCP) recently considered applications from local residents and community groups for Corporate Sponsorship.

 

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

 

 

RECOMMENDATION

 

That Council:

 

Endorses the Financial Contributions Panel’s recommendations for the provision of $1,200 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $1,200 is endorsed, the remaining balance will be $24,550.

 

Applicant name

Amount

Hinchinbrook Public School

$1,200 ex gst

 

REPORT

 

This report contains the most recent recommendations by the FCP for Corporate Sponsorship.

 

Corporate Sponsorship

Council delivers a Corporate Sponsorship Program for local organisations seeking financial support to deliver events that benefit Liverpool. One application for corporate sponsorship was received by Council. The application met the program criteria and is recommended for funding. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the request received and the FCP recommendation are shown in the table below.

                  

APPLICANT

PROJECT NAME & DESCRIPTION

AMOUNT REQUESTED

 

AMOUNT RECOMMENDED

Hinchinbrook Public School

Hinchinbrook Public School Mega Fair 13 November 2015

School fundraising event with stalls and rides

 

Benefits:

·    Logo inclusion on all promotional materials

 

Moderate alignment with program criteria. Recommended for funding.

$1,200 ex gst

$1,200 ex gst

 

 

CONSIDERATIONS

Economic and Financial

 

The 2015/16 Corporate Sponsorship Program has a budget of $125,000, with a remaining balance of $25,750. If the recommended amount of $1,200 is endorsed, the remaining balance will be $24,550.

 

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

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

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


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

 

ATTACHMENTS

 

Nil   


163

Ordinary Meeting 28 October 2015

Chief Financial Officer

 

CFO 01

Tabling of the Annual Pecuniary Interest Returns for Councillors and Designated Persons

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Workforce Management Plan

File Ref

254788.2015

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Acting Chief Executive Officer

 

 

Executive Summary

 

Section 450A of the Local Government Act 1993 (the Act) requires that the completed annual pecuniary interest returns of Councillors and designated persons holding office and occupying positions, as at 30 June 2015, be tabled before Council.

 

This report recommends that Council notes that the annual pecuniary interest returns of Councillors and designated persons, as at 30 June 2015, are now tabled before Council.

 

RECOMMENDATION

 

That Council notes that the annual pecuniary interest returns of all Councillors and all designated persons, holding office or occupying positions within Council, as at 30 June 2015, are tabled before this meeting of Council in accordance with section 450A of the Local Government Act 1993.

 

REPORT

 

Section 449(3) of the Act provides that a Councillor or a designated person, holding that position as at 30 June in any year, must complete and lodge with the CEO within three months after that date, a return in the form prescribed by the regulations.

 

It is noted that, in accordance with section 449(3) of the Act, all Councillors and all designated persons duly completed and lodged their annual pecuniary interest disclosures returns (102 returns in total) with Council by the due date of 30 September 2015.

 

Designated persons are defined under section 441 of the Act as: 

 

·    The CEO

·    Senior staff members of Council

·    Members of Council staff who hold positions which have been identified by the CEO as designated persons because the exercise of the regulatory or contractual functions of their role could give rise to a conflict between the person’s duty as a member of Council staff and the person’s private interest

·    Persons (other than members of the senior staff of Council) who are members of a committee of Council identified by the Council as a committee whose members are designated persons because the functions of the committee involve the exercise of the Council’s functions under the Act or any other Act (including the Environmental Planning and Assessment Act 1979) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the committee and the member’s private interest. (All members of Council's Independent Hearing and Assessment Panel are designated persons.). 

 

Section 450A of the Act requires that all annual pecuniary interest disclosures returns that have to be lodged with the CEO must be tabled at the first meeting of the Council after the date on which they are required to be lodged, that is, at this meeting of Council.

 

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

 

Nil


165

Ordinary Meeting 28 October 2015

Chief Financial Officer

 

CFO 02

Investment Report September 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

265379.2015

Report By

Vishwa Nadan - Manager Financial Management

Approved By

Gary Grantham - Acting Chief Executive Officer