COUNCIL AGENDA

 

Ordinary Council Meeting

16 December 2015

 

FRANCIS GREENWAY CENTRE 170 GEORGE STREET LIVERPOOL


 

 

 

 

 

 

 

 

 

 

 

 

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, 16 December 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.

 

 

 

 


Carl Wulff

CHIEF EXECUTIVE OFFICER

 

 

 

 


 

 

 


Order of Business

 

                                                                                                              PAGE     TAB

Opening

Prayer

Apologies 

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 25 November 2015......................................................... 10

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NOMR 01       Rescission of DPG 01 - DA-304/2015 - Three lot Torrens title subdivision at 11 Bullrush Cr, Voyager Point from the Council meeting 25 November 2015................. 72......... 1

Notices of Motion

NOM 01          Resurfacing of Freeman Street Warwick Farm............................................. 73......... 2

NOM 02          Protecting Services in Liverpool..................................................................... 75......... 3

NOM 03          Building Our New City Committee................................................................. 78......... 4

NOM 04          Bringing Christmas Lights back into Liverpool................................................ 80......... 5

NOM 05          Friends of Collingwood................................................................................... 82......... 6

NOM 06          Georges River Combined Councils' Committee  .......................................... 84......... 7

NOM 07          Provision of Embellishments to Parks ........................................................... 88......... 8

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

IHAP 01          DA-237/2015 - Demolition of the existing buildings and construction of an eight (8) storey mixed use development comprising of ground floor commercial space, 58 residential units with associated car parking at 402 Macquarie Street and 190 Terminus Street, Liverpool ......................................................................................................... 90......... 9

IHAP 02          DA-1014/2014 - Subdivision of proposed Residue Lot 53 (approved under Development Consent No. DA-961/2013) into four Torrens title residential lots including; earthworks, road and drainage construction at 320 Jardine Drive, Edmondson Park...... 99....... 10

IHAP 03          DA-376/2015 - Demolition of existing structures and subdivision of 2 Lots into 4 Torrens title lots and construction of a two storey dwelling on each lot at 79-81 Atkinson Street, Liverpool........................................................................................................ 108....... 11

IHAP 04          DA-219/2015 - Subdivision of one lot into three Torrens title lots at 150 Heathcote Road, Hammondville. ............................................................................................. 114....... 12

Development Application Determination Report

NIL

Chief Executive Officer Report

CEO 01          Corporate Sponsorships............................................................................... 122....... 13

Business Improvement Report

DBI 01            Investigation - Files Destroyed in Council Fire 2010.................................... 125....... 14

Chief Financial Officer

CFO 01           Delegation of Authority by Council for the Christmas / New Year Recess.. 128....... 15

CFO 02           Investment Report November 2015............................................................. 130....... 16

City Presentation Report

NIL

Community and Culture Report

DCC 01          Closed Circuit Televison Network in Liverpool City Centre......................... 141....... 17

Economy and Engagement Report

NIL

Infrastructure and Environment Report

NIL

Planning and Growth Report

DPG 01          Proposed changes to Council committees................................................... 144....... 18

DPG 02          Animal Management Policy.......................................................................... 150....... 19

DPG 03          Development Engineering Bonds Policy - Draft........................................... 171....... 20

DPG 04          Bathurst Street Car Park Extension............................................................. 187....... 21

DPG 05          Amendment 51 to LLEP 2008 - Proposal to rezone 148 George Street, 26-28 Elizabeth Street and 133 Bigge Street from B3 Commercial Core to B4 Mixed Use. 192....... 22

DPG 06          Application to amend LLEP  2008 to permit 'shops' up to a maximum GFA of 21,000sqm at 10 Orange Grove Road, Warwick Farm (Orange Grove MegaCenta)... 209....... 23

DPG 07          Council submission on Western Sydney Airport at Badgerys Creek........... 217....... 24

Property and Commercial Development Report

NIL

Committee Reports

CTTE 01         Minutes of the Local Traffic Committee Meeting held on 11 November 2015 235     26

CTTE 02         Environment Advisory Committee minutes of meeting held on 9 November 2015 239 27

CTTE 03         Minutes of the Liverpool Youth Council Committee meeting held November 10, 2015 246                                                                                                                         28

CTTE 04         Minutes of the Civic Advisory Committee Meeting held 24 November 2015 254       29

CTTE 05         Planning and Development Committee Minutes of 2 December 2015....... 262....... 30

Questions with Notice

QWN 01         Question with Notice - Clr Stanley................................................................ 269....... 31  

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   Acquisition of part Lot A DP 391813, 9 Speed Street, Liverpool, for road purposes

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

 

CONF 02   Acquisition of Lot 39 DP 1160527 & Lot 39 DP 1167333, Swoffer Avenue, Middleton Grange, for drainage purposes

Reason:     Item CONF 02 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 03   Proposed easement for draninage purposes over Lot 236 DP 25142, 203 Memorial Avenue, Liverpool, known as 'Ireland Park'

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 WT2494 - George Street and Northumberland Street Traffic Flow Changes

Reason:     Item CONF 04 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 05   Easement for an Electrical Switching Station and Underground Cables over Lot 515 in DP 235072 known as Hargrave Park in Warwick Farm

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

 

CONF 06   Tender WT2502 - Restoration Works at Aviation Road Basin, Elizabeth Hills

Reason:     Item CONF 06 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 07   Proposed easements over Lot 101 DP 1143458, 306 Macquarie Street, Liverpool

Reason:     Item CONF 07 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 08   Minutes of Civic Advisory Committee - 2016 Australia Day Awards

Reason:     Item CONF 08 is confidential pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).

 

CONF 09   Legal Affairs Report

Reason:     Item CONF 09 is confidential pursuant to the provisions of s10(A)(2)(c)(d ii) (g) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

CONF 10   ST2481 Building and Grounds Cleaning Services

Reason:     Item CONF 10 is confidential pursuant to the provisions of s10(A)(2)(d i)(d ii) 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; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

 

CONF 11   ST2515 - Signage Licence - Corner Wilson and Hoxton Park Road, Hinchinbrook

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

 

CONF 12   Tender WT2496 - School of Arts External Works, Liverpool

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

 

CONF 13   WT2447 Liverpool Civic Place Project

Reason:     Item CONF 13 is confidential pursuant to the provisions of s10(A)(2)(c)(d i)(d ii) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.  

 

CONF 14   Waste Management Audit and Process Review (to be provided in the Confidential Addendum Booklet)

Reason:     Item CONF 14 is confidential pursuant to the provisions of s10(A)(2)(d i)(e) 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; AND information that would, if disclosed, prejudice the maintenance of law

 

CONF 15   Macquarie Street Mall Revitalisation - Risk Management Initiative (to be provided in the Confidential Addendum Booklet)

Reason:     Item CONF 15 is confidential pursuant to the provisions of s10(A)(2)(c) (d i) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

Close

 


 

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10

 

 

 

 

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 25 November 2015

 

 

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone

Councillor Ristevski

Councillor Shelton

Councillor Stanley

Councillor Waller

Mr Carl Wulff, Chief Executive Officer

Mr Gary Grantham, Chief Financial Officer / Director Corporate Services

Ms Toni Averay, Director Planning and Growth

Ms Kiersten Fishburn, Director Community and Culture

Mr Gino Belsito, Director City Presentation

Mr Michael Cullen, Director Economy and Engagement

Mr Raj Autar, Director Infrastructure and Environment

Ms Carole Todd, Director Business Improvement

Mr John Morgan, Director Property and Commercial Development

 

 

 

The meeting commenced at 6.05pm.

 

 

OPENING                               6.05pm

PRAYER                                The prayer of the Council was read by Mr George Georgakis, Manager Council and Executive Services.

APOLOGIES                          Nil

CONDOLENCES                   Nil

Confirmation of Minutes

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the minutes of the Ordinary Meeting held on 28 October 2015 and the Extraordinary Meeting held on 10 November 2015 be confirmed as a true record of that meeting.

 

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

 

Declarations of Interest

 

Clr Stanley declared a pecuniary interest in the following item:

 

Item:          DPG 02 - Draft Liverpool LEP 2008 Amendment 38 Proposed Reclassification and Rezoning of Parks Post Exhibition Report.

 

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

 

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

 

The CEO, Mr Carl Wulff declared a non-pecuniary interest in the following Item:

 

Item:          CONF 09 - ST2440 - Transformation Process for Delivering Services to the Community

 

Reason:     Mr Wulff has previously had business dealings with one of the companies mentioned in the report.

Public Forum

Presentation – Items not on Agenda

 

  1. Mr Peter Konc addressed the Council on the following matter:

 

Parking issue concerning all day parking by non-residents.

 

  1. Mr Peter Konc addressed the Council on the following matter:

 

Lack of notification of DA 1175/2014 to adjoining properties.

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hadchiti

 

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

 

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

 

 

 

 

 

  1. Mr Zelko Filipic addressed Council on the following matter:

 

Lack of notification to the owners of DA 1175/2014 and approval of the adjoining properties.

Representation – Items on Agenda

 

4.    Mr Jeff Smith addressed Council on the following Item:

 

NOM 01: Almalfi Park Detention Basin

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hadchiti

 

That a two minute extension of time be given to Mr Jeff Smith.

 

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

 

5.    Ms Renee Searle addressed Council on the following Item:

 

DPG 01: DA-304/2015 - Three lot Torrens title subdivision at 11 Bullrush Cr, Voyager Point

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Mamone

 

That a two minute extension of time be given to Ms Renee Searle.

 

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

 

6.    Ms Roslyn Fagan addressed Council on the following Item:

 

DPG 02: Draft Liverpool LEP 2008 Amendment 38 Proposed Reclassification and Rezoning of Parks.

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Shelton

 

That a two minute extension of time be given to Ms Roslyn Fagan.

 

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

 

7.    Mr David Fagan addressed Council on the following Item:

 

DPG 02: Draft Liverpool LEP 2008 Amendment 38 Proposed Reclassification and Rezoning of Parks.

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That a two minute extension of time be given to Mr David Fagan.

 

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

 

 

 

8.    Ms Denise Hodgson addressed Council on the following Item:

 

DPG 02: Draft Liverpool LEP 2008 Amendment 38 Proposed Reclassification and Rezoning of Parks.

 

 

  1. Ms Signe Westerberg addressed Council on the following Item:

 

DPG 02: Draft Liverpool LEP 2008 Amendment 38 Proposed Reclassification and Rezoning of Parks.


14

Mayoral Report

ITEM NO:      MAYOR 01

FILE NO:        303073.2015

SUBJECT:     Trapping of India Myna Birds

 

REPORT

 

Indian Myna birds are considered one of Australia’s most recognised and destructive pests. Like many species afflicting this country, Indian Mynas were introduced to remove agricultural pests such as grasshoppers from farming areas. The population of Indian Mynas has grown out of control and has been left unrestricted, causing destruction to our fauna.

 

This extremely aggressive bird chases out native birds and small tree dwelling marsupials. In 2000 the International Union for the Conservation of Nature declared the bird among 100 of the world’s most invasive species. Mynas have pushed many other bird species to the brink of extinction.

 

To combat their growing population a broad community initiative has been initiated by Wollongong and Campbelltown councils involving trapping and euthanizing, the pests. Models undertaken in surrounding local government areas need to be researched with a view to emulating them here. Successful programs include local residents working with council to tackle the problem.

 

RECOMMENDATION

 

That Council:

 

1.   Prepares a report detailing the Indian Myna control programs operated in neighbouring councils.

 

2.   Evaluates the programs for effectiveness and feasibility for the Liverpool LGA.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.                                  

 

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

 


15

ITEM NO:      MAYOR 02

FILE NO:        304975.2015

SUBJECT:     Ms Lilly Lyons

 

REPORT

 

Thirteen-year-old Lilly Lyons is an outstanding young person in Liverpool and has been taking a keen interest in government and the community and working as a volunteer.

 

From her participation in the Youth Council, and her efforts as host of her radio program RADAR, Lilly has set a fine example in raising awareness and providing a voice for youth in our local area. Lilly also volunteers at community events such as Australia Day and ANZAC Day, and has represented her community at the YMCA’s NSW Youth Parliament.

 

On October 30 Lilly’s efforts were formally recognised, when she was awarded the John Lincoln Youth Community Service Award by the Executive Director of NSW Public Schools; Murat Dizdar. This is a prestigious award only given to a few of Australia’s youth and is part of the Order of Australia.

 

The local community can be very proud of Lilly’s achievements and we wish her all the best for her future goals and ambitions.

 

RECOMMENDATION

 

That Council:

 

  1. Formally recognise the achievements and voluntary activities of Miss Lilly Lyons for the Liverpool area, and provides her with a certificate of recognition for her achievements.

 

2.    Provides Miss Lilly Lyons with a copy of this Mayoral Minute.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 


 

ITEM NO:       MAYOR 03

FILE NO:        314466.2015

SUBJECT:     Metro Train Line to Liverpool

 

REPORT

 

The NSW Government recently announced that it is investigating the possibility of extending the rapid metro line beyond the planned Southwest termination point in Bankstown to Liverpool.  This has been reported as a result of strong support from Liverpool residents and a strong campaign led by Council.

 

There are currently issues with overcrowding on trains out from Liverpool to the City in the AM peak and from the City to Liverpool in the PM peak. As the population grows in Liverpool and South West Sydney, transport infrastructure will play a vital role in improving the quality of day-to-day commuting life, particularly when many suburban residents flock to the Sydney CBD for work as well as other services within the CBD.

 

Transport infrastructure will also play a vital role for Badgerys Creek when the second airport is operational, which will see many international travellers required to travel to and from the airport and rail is the best option to commute travellers from airports towards the city.

 

Earlier this year, Council ran a major campaign to include Liverpool in the Metro Train Line project. Many staff members attended Liverpool and Warwick Farm train stations in the early hours of the morning and early evenings to collect signatures for a petition. The petition campaign project was highly efficient and was overseen by Hiba Soueid and members of her team as well other team members.

 

I am meeting with Senior Advisors to the Minister for Transport next week where, amongst other topic, will be discussing the government’s investigation into including Liverpool as part of the Metro Train Line project.

 

RECOMMENDATION

 

That Council:

 

  1. Congratulate the State Government on its decision to investigate including Liverpool in its Metro Train Line project.

 

  1. Thank Council staff for their work on collecting signatures from commuters at Liverpool and Warwick Farm train stations in the early mornings and early evenings.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.   

 

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

 

ITEM NO:       MAYOR 04

FILE NO:        314466.2015

SUBJECT:     Terrorist Attacks in France, Lebanon and Mali

 

REPORT

 

On the evening of Friday, 13 November 2015, a series of coordinated terrorist attacks, consisting of mass shootings, suicide bombings and hostage-taking occurred in Paris and its northern suburb, Saint Denis.

The terrorists murdered 130 people, including 89 at the Bataclan theatre, where they took hostages before engaging in a three-hour standoff with police. A further 368 people were injured, many of them seriously. It has been stated that the attacks were the deadliest attacks within France since World War II, and the deadliest in the European Union since the Madrid train bombings in 2004. Subsequently, the terrorist death cult ISIS claimed responsibility for the attacks.

On 12 November 2015, two suicide bombers detonated explosives in a southern suburb of Beirut, Lebanon killing 44 people.  The death cult ISIS also claimed responsibility for the attacks.

On 20 November 2015, terrorists took 170 hostages and killed 19 of them in a mass shooting in Bamako, the capital of Mali. Al-Mourabitoun claimed that it carried out the attack in cooperation with Al-Qaeda.

Acts of terror should be condemned throughout the world, by all backgrounds and by all religions. Acts of mass murder are not acts authorised by any religion and should only be described as acts of murder conducted by groups of murderers.

 

RECOMMENDATION

 

That Council:

 

1.      Publicly expresses its condolences to the families of all the victims of the Paris attacks.

 

2.      Publicly expresses its condolences to the families of the victims of the Beirut attacks.

 

3.      Publicly expresses its condolences to the families of the victims of the Mali attacks.

 

4.      Condemns the evil acts of terror carried out by the groups of murderers in Paris, Beirut and Mali - and other terrorist attacks throughout the world.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.  

 

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

 

One minutes silence was observed at the meeting in memory of the victims of the attacks.


18

Notices of Motion

ITEM NO:      NOM 01

FILE NO:        302826.2015

SUBJECT:     Almalfi Park Detention Basin

 

NOTICE OF MOTION

 

That Council:

 

1.   Removal of the embankment immediately and restore it to its previous state.

 

2.   Deepen the basin to mitigate any flood concerns.

 

3.   Immediate testing of the soil by an independent body of the levee for any asbestos contamination.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ristevski           Seconded: Clr Mamone

 

That Council:

 

  1. Acknowledge the concerns of residents of Weir Crescent, Lurnea of privacy and overlooking generated by the levee constructed in Amalfi Park.

 

  1. Hold an on-site meeting with interested Councillors, residents and relevant staff as soon as practicable to discuss mitigation measures to alleviate residents concerns.

 

  1. Notify residents between 29 and 61 Weir Crescent, Lurnea that asbestos testing has been completed and the site is free of asbestos.

 

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


19

ITEM NO:      NOM 02

FILE NO:        302837.2015

SUBJECT:     Bigge Park Plaques-commemoration of the dropping of bombs in Japan August 1945

 

NOTICE OF MOTION

 

That Council:

 

1.   Determine the location of the plaques in Bigge Park as a matter of urgency and whether they will be moved in the upgrade works about to commence.

 

2.   Move the plaques to an appropriate location and reinstate the magnolia tree planting.

 

3.   Advise Councillors and Mr Conway of the outcome of the investigation, where the new location will be and when the move of the items is likely to happen by no later than February 2016 Council Meeting.

 

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.


21

ITEM NO:      NOM 03

FILE NO:        305980.2015

SUBJECT:     Homelessness and Employment

 

NOTICE OF MOTION

 

That Council:

 

1.   Work collaboratively with relevant service providers in both employment and homelessness agencies to encourage opportunities for employment.

 

2.   Research relevant funding opportunities for employment of people experiencing homelessness and work collaboratively with the homelessness sector to lobby government for support.

 

3.   Place employment as a standing item on the Homelessness and Housing Taskforce agenda to ensure that this critical issue is discussed.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ristevski           Seconded:  Clr Mamone 

 

That Council:

 

1.   Work collaboratively with relevant service providers in both employment and homelessness agencies to encourage opportunities for employment.

 

2.   Research relevant funding opportunities for employment of people experiencing homelessness and work collaboratively with the homelessness sector to lobby government for support.

 

3.   Place employment as a standing item on the Homelessness and Housing Taskforce agenda to ensure that this critical issue is discussed.

 

  1. Thank the local services who attended the recent task-force on Homelessness and housing.

 

  1. Maintain a presence at future planned meetings, through an appropriate staff member and/or any Councillor interested in attending.

 

  1. Work collaboratively with appropriate agencies including a support role for future meetings with agencies and stakeholders. This support could mean organising premises for meetings, refreshments, minute taker, printing and/or mail outs or minutes etc.

 

  1. Supports as a priority affordable housing within future proposed developments in the LGA.

 

  1. Work collaboratively with agencies who provide training and assistance to provide employment for those most at risk of homelessness and who are homeless.

 

  1. Staff report to Council at the second February meeting in 2016 including recommendations and strategies with regards to lobbying and advocacy by Council regarding homelessness and those who are chronically unemployed due to lack of accommodation.

 

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

 


22

Independent Hearing and Assessment Panel Report

ITEM NO:      IHAP 01

FILE NO:        297107.2015

SUBJECT:     DA-125/2015 - Subdivision of one lot into two Torrens title Lots at 151 Epsom Road, Chipping Norton

 

RECOMMENDATION

 

That Council approves DA-125/2015 subject to the recommended conditions of consent contained within the Council officer’s IHAP report (Attachment 1).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller       Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

 


23

Chief Executive Officer Report

ITEM NO:      CEO 01

FILE NO:        297142.2015

SUBJECT:     Corporate Sponsorships

 

RECOMMENDATION

 

That Council endorses the Financial Contributions Panel’s recommendations for the provision of $12,500 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $12,500 is endorsed, the remaining balance will be $7,050.

 

Applicant name

Amount

NSW Barefoot Water Ski Club

$7,500 ex gst

Matilda News Pty Ltd

$5,000 ex gst

 

 

 

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.

 

 


25

Business Improvement Report

ITEM NO:      DBI 01

FILE NO:        297157.2015

SUBJECT:     Response to NOM 5 - Ordinary Council Meeting 30 September 2015

 

RECOMMENDATION

 

That Council:

 

1.   Should not proceed with the trial opening of the Customer Service Centre on Saturdays for the following reasons;

 

a)   The survey indicates that less than half the respondents actually use the Customer Service centre facility at all, preferring to do Council business online;

b)   The results of the staff survey indicates only 35% of staff support working on a Saturday;

c)   As the new Customer Service Centre does not open for business until 28 October 2015. It would be impossible to implement trial opening hours until such time as the services are embedded, and that is unlikely until after the Christmas holiday period;

d)   The cost of offering a Saturday service would be in excess of $520,000 per annum and is unlikely to generate sufficient activity to justify the spend;

e)   Council is making significant investment in making services more accessible to internet users, e.g. eplanning portal.

 

2.   Notes the contents of this report regarding;

 

a)   Customer Services staffing levels and organisation chart;

b)   No Council vacancies have been filled by Propel staff;

c)   The provision of IT equipment in the new Customer Services Centre;

d)   No further issues regarding drainage problems

e)   The cost of the Ground Floor renovations; and

 

3.   No provision for Public toilets was made in the Ground Floor renovations.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Ristevski

 

That Council:

 

1.   Should not proceed with the trial opening of the Customer Service Centre on Saturdays for the following reasons;

 

a)   The survey indicates that less than half the respondents actually use the Customer Service centre facility at all, preferring to do Council business online;

b)   The results of the staff survey indicates only 35% of staff support working on a Saturday;

 

c)   As the new Customer Service Centre does not open for business until 28 October 2015. It would be impossible to implement trial opening hours until such time as the services are embedded, and that is unlikely until after the Christmas holiday period;

d)   The cost of offering a Saturday service would be in excess of $520,000 per annum and is unlikely to generate sufficient activity to justify the spend;

e)   Council is making significant investment in making services more accessible to internet users, e.g. eplanning portal.

 

2.   Notes the contents of this report regarding;

 

a)   Customer Services staffing levels and organisation chart;

b)   No Council vacancies have been filled by Propel staff;

c)   The provision of IT equipment in the new Customer Services Centre;

d)   No further issues regarding drainage problems

e)   The cost of the Ground Floor renovations; and

 

  1. Conduct a survey of staff regarding morale.

 

  1. Reopen and refurbish the public toilets on the ground floor, near the lifts of 33 Moore Street, Liverpool.

 

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

 

 

 

 

 

 


27

Clr Stanley left the Chambers at 7.22pm.

 

 Chief Financial Officer

 

ITEM NO:      CFO 01

FILE NO:        295916.2015

SUBJECT:     Review of the Code of Meeting Practice – Work Health and Safety

 

RECOMMENDATION

 

That Council

 

1.   Receive and note this report.

 

2.   Amend the Code of Meeting Practice to include a work health and safety requirements pertaining to Council staff attendance at Council meetings.

 

3.   Proceed with the proposed amendment to the clause 5(2) of the Code of Meeting Practice presented in this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clr Stanley returned to the Chambers at 7.24pm.

ITEM NO:      CFO 02

FILE NO:        297651.2015

SUBJECT:     Code of Conduct Complaints Report

 

RECOMMENDATION

 

That Council receive and note this report and the attached Complaints Statistics Report, prepared for submission to the Office of Local Government.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 


28

ITEM NO:      CFO 03

FILE NO:        297679.2015

SUBJECT:     Minor Amendment to Civic Expenses and Facilities Policy

 

RECOMMENDATION

 

That Council:

 

1.   Note this report;

 

2.   Amend the clause 4.4.2 d) of the Civic Expenses and Facilities Policy by deleting the words “and a senior advisor”.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone                      Seconded: Clr Harle 

 

That Council:

 

  1. Note this report;

 

  1. Amend the clause 4.4.2 d) of the Civic Expenses and Facilities Policy by deleting the words “and a senior advisor”.

 

  1. Amend clause 4.6.2 d) of the Civic Expenses and Facilities Policy to read:

 

“An iPad Pro or Microsoft Surface with wireless and mobile internet connection be provided.”

 

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

 


29

ITEM NO:      CFO 04

FILE NO:        297724.2015

SUBJECT:     Council Meeting Dates - January to December 2016

 

RECOMMENDATION

 

That Council:

 

1.   Confirms the Council meeting time as 6.00pm and Council meeting dates for the 2016 calendar year as follows:

 

·    3 February 2016

·    24 February 2016

·    30 March 2016

·    27 April 2016

·    25 May 2016

·    29 June 2016

·    27 July 2016

·    31 August 2016

·    28 September 2016

·    26 October 2016

·    30 November 2016

·    21 December 2016

 

2.   Places appropriate notices in the local newspapers advising the community of the dates and commencing times of Council meetings for the 2016 calendar year. 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.   Confirms the Council meeting time as 6.00pm and Council meeting dates for the 2016 calendar year as follows:

 

·    3 February 2016

·    24 February 2016

·    30 March 2016 (to be held at the Bringelly Community Hall)

·    27 April 2016

·    25 May 2016

·    29 June 2016

·    27 July 2016

·    31 August 2016

·    28 September 2016

·    26 October 2016

·    30 November 2016

·    14 December 2016

 

2.    Places appropriate notices in the local newspapers advising the community of the dates and commencing times of Council meetings for the 2016 calendar year.

 

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


31

ITEM NO:      CFO 05

FILE NO:        297766.2015

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

 

RECOMMENDATION

 

That Council receive and note this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 


32

ITEM NO:      CFO 06

FILE NO:        297801.2015

SUBJECT:     56th Floodplain Management Association Conference

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the program information of the Floodplain Management Association of NSW 56th Annual Conference – 17 May 2016 to 20 May 2016.

 

2.    Nominate its delegates to attend the 2016 Floodplain Management Association Conference in Nowra from 17 May 2016 to 20 May 2016.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid 

 

That:

 

  1. Council receives and notes the program information of the Floodplain Management Association of NSW 56th Annual Conference – 17 May 2016 to 20 May 2016.

 

  1. Council nominate Clr Harle and Clr Mamone to attend the 2016 Floodplain Management Association Conference in Nowra from 17 May 2016 to 20 May 2016.

 

  1. Any other Councillors interested in attending the conference are to contact the CEO’s Office.

 

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

 


33

ITEM NO:      CFO 07

FILE NO:        298239.2015

SUBJECT:     Annual Financial Reports 2014/15

 

RECOMMENDATION

 

That Council receives and adopts this report.

 

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.

 


34

ITEM NO:      CFO 08

FILE NO:        299308.2015

SUBJECT:     Investment Report October 2015

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 


35

Community and Culture Report

ITEM NO:      DCC 01

FILE NO:        294849.2015

SUBJECT:     2015 Interfaith functions

 

RECOMMENDATION

 

That Council receives and notes the information in this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


36

ITEM NO:      DCC 02

FILE NO:        295083.2015

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

 

RECOMMENDATION

 

That Council:

 

1.    Adopt the draft Homelessness Policy and draft Homelessness Strategy and Action Plan 2015-2017.

 

2.    Approve the recommended changes to the draft Homelessness Strategy and Action Plan 2015-2017 in accordance with the submission received.

 

3.    Approve minor changes to the draft Homelessness Strategy and Action Plan 2015-2017 in accordance with further review of the documentation by Council staff.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 


37

ITEM NO:      DCC 03

FILE NO:        297954.2015

SUBJECT:     2015-16 Operational Plan and Budget - proposed new fees and charges – Childcare

 

RECOMMENDATION

 

That Council:

 

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

 

·    Fees for all Early Education and Care Centres (Hinchinbrook, Wattle Grove, Holsworthy, Prestons, Cecil Hills and Warwick Farm):

0-3  (up to 36 months)

$82.00

 

·    Meeting Room at Hinchinbrook Early Education and Care Centre: $9 per hour.

 

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

 

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.

 


38

ITEM NO:      DCC 04

FILE NO:        298247.2015

SUBJECT:     Liverpool Sporting Donations

 

RECOMMENDATION

 

That Council endorses the Financial Contribution Panel's recommendations for the provision of $1,000 (GST exclusive) under the Sporting Donations Program as summarised in the table below.

 

Applicant Details

Amount

Lucy Powell

$200

Nathaniel Chou Lee

$300

Lusiana Eleele-Piliae

$300

Gabriel Peyroux

$200

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 


39

ITEM NO:      DCC 05

FILE NO:        298257.2015

SUBJECT:     Grants and Donations

 

RECOMMENDATION

 

That Council endorses the recommendations for the provision of $600 (GST exclusive) under the Quick Response Grants Program as summarised in the table below:

         

          Community Grants Program

Applicant Name

Purpose

Amount

Christadelphian Heritage College

School Donation

$100

Lawrence Hargrave School

School Donation

$100

Liverpool Boys High School

School Donation

$100

Miller Technology High School

School Donation

$100

Moorebank High School

School Donation

$100

Thomas Hassall Anglican College

School Donation

$100

         

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


40

ITEM NO:      DCC 06

FILE NO:        298409.2015

SUBJECT:     Community Safety and Crime Prevention Advisory Committee

 

RECOMMENDATION

 

That Council establish a Community Safety and Crime Prevention Advisory Committee to be held quarterly commencing March 2016.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded:  Clr Mamone

 

That:

 

  1. Council establish a Community Safety and Crime Prevention Advisory Committee to be held quarterly commencing March 2016, with the Council representatives to be:

 

·         Mayor Mannoun

·         Clr Balloot

·         Clr Hadchiti

·         Clr Harle

·         Clr Ristevski

·         Clr Shelton

·         Clr Waller

·         And any other interested Councillors

 

2.    Clause 8.1a) of the Community Safety and Crime Prevention Advisory Committee Charter be amended to read:

 

“The Mayor (or their delegate) and any interested Councillors are members of this Committee.”

 

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

 


41

Infrastructure and Environment Report

ITEM NO:      DIEN 01

FILE NO:        299541.2015

SUBJECT:     Review of Tree Management Policy

 

RECOMMENDATION

 

That Council adopts the reviewed Tree Management Policy.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Harle

 

That the Draft Tree Management Policy be put on public exhibition for comment, including a tree replacement strategy.

 

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

 

 

 


42

Mayor Mannoun called for a recess of Council at 7.45pm.

 

Mayor Mannoun reopened the meeting at 8.08pm.

Planning and Growth Report

 

ITEM NO:      DPG 01

FILE NO:        295324.2015

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 Stanley              Seconded: Clr Shelton

 

That Council refuse the Development Application DA-304/2015 for the reasons detailed by the IHAP proposal as shown below:

 

  1. The 4.6 variation request to Clause 7.12 of LLEP 2008 is not well founded.

 

  1. The subdivision size and layout is not consistent with the context of the subdivision in the Voyager Point estate.

 

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded:  Clr Balloot

 

That the recommendation be adopted.

 

On being put to the meeting the motion (moved by Clr Stanley) was carried and the foreshadowed motion (moved by Clr Hadchiti) lapsed.

 

Vote for:                                Mayor Mannoun

Clr Harle

Clr Mamone

Clr Ristevski

Clr Shelton

Clr Stanley

Clr Waller

 

Vote against:                         Clr Balloot

Clr Hadchiti

Clr Hadid

                                                Clr Karnib



43

Clr Stanley left the Chambers at 8.14pm.

 

ITEM NO:      DPG 02

FILE NO:        297553.2015

SUBJECT:     Draft Liverpool LEP 2008 Amendment 38 Proposed Reclassification and Rezoning of Parks Post Exhibiton Report 

 

RECOMMENDATION

 

That Council:

 

1.   Proceeds with the reclassification and rezoning of the following parcels of land:

·    Mimosa Park, 22 Box Road, Casula

·    Baker Park, 20A Frazer Avenue and 15A Hanna Ave, Lurnea

·    Acacia Park, 72A Grevillea Crescent, Prestons

·    Wendlebury Park, 26 Wendlebury Road, Chipping Norton

 

2.   Proceeds with the partial reclassification of the following parcel of land:

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

 

3.   Does not proceed with the reclassification and rezoning of the following parcels of land:

·    McCarthy Park, 124A Wonga Road, Lurnea

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

·    Ferrington Park, 8 Ferrington Crescent, Liverpool

·    Part of Regan Park, 230 Newbridge Road, Moorebank

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

·    Hannan Park, 12A Brain Avenue, Lurnea

 

4.   Undertakes further investigation to determine the highest and best use of those land parcels proposed to be disposed of.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Ristevski 

 

That Council:

 

  1. Does not proceed with the reclassification or rezoning of any of the parks listed in the report.

 

  1. Meet with local residents to discuss the embellishments of nearby pocket parks.

 

Amendment:                         Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.   Proceeds with the reclassification and rezoning of the following parcels of land:

·    Mimosa Park, 22 Box Road, Casula

·    Baker Park, 20A Frazer Avenue and 15A Hanna Ave, Lurnea

·    Acacia Park, 72A Grevillea Crescent, Prestons

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

 

  1. Not proceed with the reclassification or rezoning of:

·         Wendlebury Park, 26 Wendlebury Road, Chipping Norton

·    McCarthy Park, 124A Wonga Road, Lurnea

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

·    Ferrington Park, 8 Ferrington Crescent, Liverpool

·    Part of Regan Park, 230 Newbridge Road, Moorebank

·    Hannan Park, 12A Brain Avenue, Lurnea

 

  1. Meet with Ferrington Crescent residents to discuss the embellishment of the Park, including the play equipment, with a plan to come to Council at the March 2016 Council meeting.

 

  1. Meet with St Andrews Park residents to discuss the embellishment of the Park, including play equipment and the possibility of an off-leash dog park, with a plan to be brought to Council at the March 2016 Council meeting.

 

  1. Meet with Wendlebury Park residents to discuss the embellishment of the Park, including the play equipment, with a plan to come to Council at the March 2016 Council meeting.

 

  1. Fund these embellishments from the sale of other parks.

 

  1. Write into any contract of sale for Baker Park and Acacia Park that the use of these sites is to be only for affordable housing or to team up with an Affordable Housing provider.

 

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

 

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

 

Vote against:                         Clr Harle

                                                Clr Karnib

                                                Clr Mamone

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Waller

 

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

 

Vote for:                                Clr Harle

                                                Clr Karnib

                                                Clr Mamone

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Waller

 

Vote against:                         Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

 

 


47

Clr Stanley returned to the Chambers at 9.03pm.

 

ITEM NO:      DPG 03

FILE NO:        299726.2015

SUBJECT:     DA-608/2014 - Torrens title subdivision to create eight lots and associated earthworks and roadworks, including the extension of Lightning Ridge Road at Lot 32 Lightning Ridge Road,

 

RECOMMENDATION

 

That Council approves Development Application DA-608/2014 subject to the amended Recommended Conditions of Consent contained in Attachment 4.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadid

                                                Clr Harle

                                                Clr Karnib

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Waller

 

Vote against:                         Clr Hadchiti

                                                Clr Mamone

                                                Clr Stanley




 

Clr Waller left the Chambers at 9.33pm.

 

Clr Waller returned to the Chambers at 9.35pm.

 

ITEM NO:      DPG 04

FILE NO:        301215.2015

SUBJECT:     Compliance Levy

 

RECOMMENDATION

 

That Council implements a compliance levy of 0.25% of the contract price of a development application, with a minimum levy of $75.00, to commence on 1st January 2016.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Harle 

 

That this item be dealt with in Closed Session at the end of the Council meeting in accordance with Section 10A(2)(a) of the Local Government Act 1993 as it deals with personnel matters concerning particular individual individuals other than Councillors.

 

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

 

 


48

Property and Commercial Development Report

ITEM NO:      DPC 01

FILE NO:        302051.2015

SUBJECT:     Proposed easement for padmount substation over Lot 100 DP 1204810, Kurrajong Road, Carnes Hill

 

RECOMMENDATION

 

That Council:

 

1.   Grants an easement for a padmount substation to Endeavour Energy over Lot 100 DP 1204810, Kurrajong Road, Carnes Hill; and

 

2.   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 Hadid                 Seconded: Clr Harle

 

That Council:

 

1.   Grants an easement for a padmount substation to Endeavour Energy, in an area as indicated in the location plan in the Council report, in a location which will not impede any road widening in the future, over Lot 100 DP 1204810, Kurrajong Road, Carnes Hill; and

 

2.   Authorises the relevant documentation necessary for the formalisation of the easement to be signed under Power of Attorney by Council's delegated officer.

 

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

 

 


49

Committee Reports

ITEM NO:      CTTE 01

FILE NO:        299798.2015

SUBJECT:     Minutes of the Budget and Finance Committee held on 4 November 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 4 November 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 


50

ITEM NO:      CTTE 02

FILE NO:        299807.2015

SUBJECT:     Minutes of the Heritage Advisory Committee meeting held on 12 October 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 12 October 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 


51

ITEM NO:      CTTE 03

FILE NO:        300203.2015

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

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Building our New City Committee Meeting held on 5 November 2015.

 

2.   Approves “Sari Street” and Artwork activations up to the value of $220,075, subject to budget considerations, with the City Development Fund being the preferred source of funds. Works to comprise:

·    Murals, planter boxes and decals - $33,075

·    Artworks Installation Budget - $115,500

·    Festival Budget - $71,500

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 


52

ITEM NO:      CTTE 04

FILE NO:        300386.2015

SUBJECT:     Minutes of the combined Economic Development and Events Committee and Badgerys Creek Airport Taskforce meeting  held 4 November 2015

 

RECOMMENDATION

 

That Council

 

1.   Receives and notes the Minutes of the combined Economic Development and Events Committee and Badgerys Creek Airport Taskforce meeting held on 4 November 2015.

 

2.   Allocates a budget of $25,000 to conduct a feasibility study into the establishment of a Smart Work Hub in Liverpool including possible locations and the appropriate business model.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 


53

ITEM NO:      CTTE 05

FILE NO:        300679.2015

SUBJECT:     Planning and Development Committee Meeting Minutes of 4 November 2015

 

RECOMMENDATION

 

That Council:

 

1.    Receives and adopts the Minutes of the Planning and Development Committee Meeting held on 4 November 2015.

 

2.    Removes the west bank from the scope of the Georges River Master Plan.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded:  Clr Stanley

 

That Council:

 

1.    Receives and adopts the Minutes of the Planning and Development Committee Meeting held on 4 November 2015.

 

2.    Does not remove the west bank from the scope of the Georges River Master Plan.

 

Foreshadowed motion:       Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 


54

ITEM NO:      CTTE 06

FILE NO:        302244.2015

SUBJECT:     Minutes of the No Intermodal Committee Meeting held on 3 November 2015

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the No Intermodal Meeting held on 3 November 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

 


55

Questions with Notice

ITEM NO:      QWN 01

FILE NO:        302858.2015

SUBJECT:     Question with Notice - Clr Hadchiti

 

Please address the following:

 

  1. Has a review been done on all the fact sheets that Council has on its website?

 

  1. What is the process if a resident challenges the use of a structure and Council cannot locate the DA file?

 

Clr Hadchiti advised that a response to these questions is no longer required.

 

   


56

ITEM NO:      CFO 09

FILE NO:        298113.2015

SUBJECT:     Budget Review - September 2015

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the report;

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That Council:

 

1.   Receives and notes the report;

 

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

 

  1. Consider in its preparation of its 2016/17 budget, including an extra $1,000,000 for 10km of footpaths to be delivered in the Capital Works Project with Council staff to provide a list of areas required.

 

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

 


57

Clr Hadchiti left the Chambers at 9.01pm.

 

ITEM NO:      DEE 01

FILE NO:        298494.2015

SUBJECT:     Outdoor Dining Policy

 

RECOMMENDATION

 

That Council:

 

1.   Receive and note this report

 

2.   Provide public notice of 28 days for the making of public submissions of Council's intention to implement the new Outdoor Dining Policy, as attached to this report; and

 

3.   Be provided with a further report at a future meeting, following the receipt and review of any public submissions.

 

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 called for a recess of Council at 9.02pm.

Mayor Mannoun reopened the meeting at 9.16pm with all Councillors present.

 

ITEM NO:      CONF 01

FILE NO:        298930.2015

SUBJECT:     ST2364 - Community Shuttle Bus Service

 

RECOMMENDATION

 

That Council: 

 

1.    Accept the Tender from Transit NSW Liverpool Pty Limited for Tender ST2364 - Community Shuttle Bus Service for an initial two years contract term with the option of extending 1 x 12 months.

 

2.    Makes public its decision regarding tender ST2364 – Community Shuttle Bus Service.

 

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: 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 Hadid

                                                Clr Harle

                                                Clr Karnib

                                                Clr Mamone

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Stanley

 

Vote against:                         Clr Hadchiti

                                                Clr Waller


59

ITEM NO:      CONF 03

FILE NO:        299773.2015

SUBJECT:     Proposed easement for underground electricity cables over Lot 13 DP 838683, 880 Elizabeth Drive, Cecil Hills, known as 'Ward Park'

 

RECOMMENDATION

 

That Council:

 

1.    Grants an easement for underground electricity cables to Endeavour Energy over Lot 13 DP 838683, 880 Elizabeth Drive, Cecil Hills, known as ‘Ward Park’ as outlined in the confidential report;

 

2.    Keeps confidential the attachment supplied under separate cover containing the compensation amount 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; and

 

3.    Authorises the relevant documentation necessary for the formalization of the easement to be signed under Power of Attorney by Council's delegated officer.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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


60

ITEM NO:      CONF 04

FILE NO:        300157.2015

SUBJECT:     Tender ST2500 – Croatia Avenue, Edmondson Park Realignment and Upgrade

 

That Council: 

1.       Accepts the Tender from J Wyndham Prince Pty Ltd for Tender ST2500 – Croatia Avenue, Edmondson Park Realignment and Upgrade, at the GST exclusive price of $333,650.

2.       Makes public its decision regarding Tender ST2500– Croatia Avenue, Edmondson Park Realignment and Upgrade.

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 Councils 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 Harle

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.


61

ITEM NO:      CONF 05

FILE NO:        300443.2015

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

 

RECOMMENDATION

 

That Council:

 

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

 

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

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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


62

ITEM NO:      CONF 07

FILE NO:        300921.2015

SUBJECT:     Acquisition of Lot 19 DP 1201166, Skipton Lane, Prestons for drainage purposes

 

RECOMMENDATION

 

That Council:

 

1.   Approves the acquisition of Lot 19 DP 1201166, Skipton Lane, Prestons, for the price and terms outlined in the confidential attachment;

 

2.   Upon settlement of the acquisition, classifies Lot 19 DP 1201166, Skipton Lane, Prestons, 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 Hadid                 Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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


63

ITEM NO:      CONF 08

FILE NO:        300931.2015

SUBJECT:     Tender RCL2487 - Supply, Delivery and Construction of Concrete Pathways and Ancillary Works

 

RECOMMENDATION

 

That Council: 

 

1.   Accepts the Tender from the contractors listed below for Tender RCL2487 – Supply, Delivery and Construction of Concrete Pathways and Ancillary Works for an initial two year contract term, with the option of extending for a further three years:

 

·    Stateline Asphalt Pty Ltd

·    Jay & Lel Civil Contractors Pty Ltd

·    Bernipave Pty Ltd

·    Mack Civil Pty Ltd

·    Danste Civil Pty Ltd

·    Downer EDI Works Pty Ltd

·    Awada Civil Engineering Pty Ltd

·    Ally Civil.

 

2.   Makes public its decision regarding Tender RCL2487 – Supply, Delivery and Construction of Concrete Pathways and Ancillary 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 Council’s website for the tender, giving it contractual effect, in accordance with delegated authority.

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded:  Clr Shelton

 

That the recommendation be adopted.

 

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

 

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Karnib

                                                Clr Mamone

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Waller

 

Vote against:                         Clr Stanley


65

ITEM NO:      CONF 09

FILE NO:        302459.2015

SUBJECT:     ST2440 - Transformation Process for Delivering Services to the Community

 

RECOMMENDATION

 

That Council: 

 

1.   Declines to accept any of the tenders for Tender ST2440 Transformation Process for Delivering Services to the Community.

 

2.   In accordance with Section 178, Clause 3(e) of the Local Government (General) Regulation 2005, enter into negotiations for a maximum period of two weeks with Verifact Pty Ltd with the view to enter into a contract in relation to the subject matter of the tender.

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley  

 

That Council: 

 

1.   Declines to accept any of the tenders for Tender ST2440 Transformation Process for Delivering Services to the Community.

 

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

 

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

 

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Karnib

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Stanley

                                                Clr Waller

 

Vote against:                         Clr Mamone



Council In Closed Session

 

Council moved into Closed Session at 9.31pm.

 

Council move into Closed Session at 9.31pm to consider the following items:

 

●       DPG 04      Compliance Levy

Reason:     S10A(2)(a)

 

●       CONF 02   ST2510 - Sale of 31 Shepherd Street, Liverpool

Reason:     s10A(2)(c) and s10A(2)(di)

 

●       CONF 06   ST2481 Building and Grounds Cleaning Services

Reason:     s10A(2)(di) and s10A(dii)

 

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

 

●       10A(2)(a) personnel matters concerning particular individuals (other than Councillors).

 

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

 

●       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)(dii) commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

 


 

ITEM NO:

DPG 04

FILE NO:

301215.2015

SUBJECT:

Compliance Levy

 

RECOMMENDATION

 

That Council implements a compliance levy of 0.25% of the contract price of a development application, with a minimum levy of $75.00, to commence on 1st January 2016.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

1.      That Council implements a compliance levy of 0.25% of the contract price of a development application, with a minimum levy of $75.00, to commence on 1st January 2016.

 

2.      That Council officers bring a report back to the February 2016 Council meeting regarding truck and container parking in the LGA.

 

3.      Under Confidential Cover provides a resolution to the issues raised in this meeting.

 

4.      That Councillors be provided with a detailed briefing about Compliance and priorities.

 

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


 

ITEM NO:      CONF 02

FILE NO:        299337.2015

SUBJECT:     ST2510 - Sale of 31 Shepherd Street, Liverpool

 

RECOMMENDATION

That Council: 

1.    Accept the Tender from Coronation (33 Shepherd Street) Pty Ltd for the sale of Lot 6 DP 247485, 31 Shepherd Street, Liverpool, for the price and terms outlined in the confidential attachment;

2.   Direct the Chief Executive Officer to do all things necessary to affect the sale of Lot 6 DP 247485, 31 Shepherd Street, Liverpool, on the terms outlined in the tender documentation;

3.   Makes public its decision regarding tender ST2510Sale of 31 Shepherd Street, Liverpool;

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

That Council: 

1.    Accept the Tender from Coronation (33 Shepherd Street) Pty Ltd for the sale of Lot 6 DP 247485, 31 Shepherd Street, Liverpool, for the price and terms outlined in the confidential attachment;

2.   Direct the Chief Executive Officer to do all things necessary to affect the sale of Lot 6 DP 247485, 31 Shepherd Street, Liverpool, on the terms outlined in the tender documentation;

3.   Makes public its decision regarding tender ST2510Sale of 31 Shepherd Street, Liverpool;

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

 

5.    Investigate building a multifunction centre, incorporating the Men’s Shed with part of the proceeds of the sale of 31 Shepherd Street.

 

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 Waller 

 

Vote against:                         Clr Karnib

                                                Clr Shelton

                                                Clr Stanley


71

ITEM NO:      CONF 06

FILE NO:        300744.2015

SUBJECT:     ST2481 Building and Grounds Cleaning Services

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Waller

 

That the item be deferred.

 

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

 

 

OPEN SESSION

 

Motion                                   Moved: Clr Harle                  Seconded: Clr Shelton

 

That Council move out of closed session and into open Council.

 

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

 

 


 

THE MEETING CLOSED AT 10.21pm.

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     16 December 2015

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

 

 

 

 

 

 


71

Ordinary Meeting 16 December 2015

Notices of Motion Of Rescission

  

NOMR 01

Rescission of DPG 01 - DA-304/2015 - Three lot Torrens title subdivision at 11 Bullrush Cr, Voyager Point from the Council meeting 25 November 2015

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

324135.2015

 

 

NOTICE OF MOTION OF RESCISSION

 

That Council rescinds the resolution relating to DPG 01 and DA-304/2015 - Three lot Torrens title subdivision at 11 Bullrush Cr, Voyager Point from the Council Meeting 25 November 2015, as shown below:

 

“That Council refuse the Development Application DA-304/2015 for the reasons detailed by the IHAP proposal as shown below:

 

1.    The 4.6 variation request to Clause 7.12 of LLEP 2008 is not well founded.

 

2.    The subdivision size and layout is not consistent with the context of the subdivision in the Voyager Point estate.”

 

 

Signed:

 

Mayor Ned Mannoun

Clr Tony Hadchiti

Clr Mazhar Hadid

 

If the Rescission motion is successful, the following motion is foreshadowed:

 

That Council:

 

1.    Assess the 2 lot subdivision as proposed by the applicant, allowing changes to layout.

 

2.    Delegate to the CEO to make the final determination.

  


73

Ordinary Meeting 16 December 2015

Notices of Motion

 

NOM 01

Resurfacing of Freeman Street Warwick Farm

 

Strategic Direction

Accessible Connected City

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

Key Policy

Asset Management Plan

File Ref

318687.2015

Author

Wendy Waller - Councillor

 

 

Background

 

Warwick Farm is a backlog estate. Many parts of its road and pavements are badly in need of attention because of age and the original construction methods. Freeman Street is one such road. This road has been continually patched for over 15 years. Currently it is not only a visual challenge, but any heavy rains sees the pot holes re-emerge very quickly. It is a road often used by residents via vehicle or on foot to access the Warwick Farm Station.  It is time this road was resurfaced as a priority so it is repaired holistically.

 

NOTICE OF MOTION

 

That:

 

1.   Freeman Street, Warwick Farm be resurfaced as a priority in the 2016 to 2017 budget.

 

2.   Monies can be found in the sale of property at Shepherd St Liverpool failing a budget allocation within the current budget projections being possible.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

The need for pavement improvements along Freeman Street has already been identified by Council and has been included in the current year’s capital works program. At this stage, the pavement reconstruction and resurfacing works along the full length of Freeman Street are anticipated to be completed by May 2016. 

Further, Nicholls Street in Warwick Farm, between Lawrence Hargrave Road and Station Street, has also been included in the current works program for reconstruction and resurfacing. This work will be undertaken concurrently with Freeman Street reconstruction works.

 

CONSIDERATIONS

 

Economic and Financial

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

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

Environmental and Sustainability

Promote an integrated and user friendly public transport service.

Support the delivery of a range of transport options.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

Deliver services that are customer focused.

 

 

ATTACHMENTS

 

Nil


77

Ordinary Meeting 16 December 2015

Notices of Motion

 

NOM 02

Protecting Services in Liverpool

 

Strategic Direction

Healthy Inclusive  City

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

Key Policy

NA

File Ref

322716.2015

Author

Anne Stanley - Councillor

 

 

Background

 

Currently the Department of Family and Community Services (FACS) is to review all funding arrangements with current services in all LGAs across NSW. There are different funding arrangements with NGOS but is highly likely all current funding arrangements will cease in June 2016. This is likely to mean that smaller services will be defunded and big services will emerge. Councillor will remember that Liverpool LGA lost long running and essential competent services when the review of homeless services was made in the last two years. In fact Liverpool Service was closed and the funding went to the Fairfield LGA. This has and will mean the real loss of services and employment in our LGA.

 

There is a definite potential for the loss of service centres and funding from the Liverpool. Services such as the Women’s Resource Centre, Outer Liverpool, LDNCA, Youth Services, Rosebank Cottage and many others will be affected; possibly adversely. Liverpool Council has relationships with all these services and should advocate for their continuing support. The services provide day to day services for residents often experiencing isolation, stress, family breakdown, poverty, Domestic Violence etc. Fairfield Council and other councils have dedicated staff to work with existing services to maintain the service delivery networks in their area. It would be timely for Liverpool to do the same to provide support and link with our NGO sector and other stakeholders.

 

NOTICE OF MOTION

 

That Council:

 

1.   Work closely with existing service providers funded by FACS to maintain the network of service delivery available today that will ensure services remain in Liverpool for Liverpool residents.

 

2.   Lobby the NSW Government on behalf of service providers.

 

3.   Lobby other levels of government for further services which will be required to service the expected growth of residents in the LGA.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

Council is committed to building a strong community services sector in Liverpool that can lead social change. We know a robust and interconnected sector has the power to improve the services that are provided to our local community.

 

The Community Development and Planning Team have been involved in a number of consultations around the NSW Family and Community Services (FACS) Targeted Earlier Intervention Program (TEIP) Sector Consultation Paper including the Western Sydney Community Forum (WSCF) South Western Sydney District Community Sector Roundtable and the FACS South Western District Consultations. Council also partnered in a collaborative response in partnership with sector peak agencies and local governments across Western Sydney. A submission was also made by Council.

 

Currently there are a number of mechanisms that Council is involved in that have been discussing the TEIP reforms. These include the Liverpool Migrant and Refugee Interagency, Family and Children’s Services Interagency, Liverpool Youth Workers Network and FACS Local Government Engagement Meetings.

 

While it is acknowledged that the government policy direction of late has tended towards funding larger NGOs through a competitive tendering process, all dialogue with FACS staff has indicated that each district will be working closely with local stakeholders to develop localised plans.

 

The Community Development and Planning Team will be attending the upcoming WSCF Inaugural Sector Leadership Meeting on the 8 December 2015. All community organisations are encouraged to participate in the leadership group. The purpose of the meeting is to provide an ongoing opportunity to further discuss the TEIP Reform and agree on possible steps for action on both a regional and a district level.

 

The Community Development and Planning Team is keeping a watching brief on the TEIP reforms and will provide updates to Council of any significant developments.

 

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.

Support access and services for people with a disability.

Deliver high quality services for children and their families.

Civic Leadership and Governance

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

Deliver services that are customer focused.

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

 

 

ATTACHMENTS

 

Nil


79

Ordinary Meeting 16 December 2015

Notices of Motion

 

NOM 03

Building Our New City Committee

 

Strategic Direction

Vibrant Prosperous City

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

Key Policy

City Centre Strategy

File Ref

322722.2015

Author

Anne Stanley - Councillor

 

 

Background

 

Since 2013 Council has had a relationship with the US Studies Centre which has helped guide the plans for upgrade and changes in the key sites of the Mall, Gateway, Georges River, Bigge Park and the Eat Street. All of these projects have been substantially planned and completed. Given that Council's strategic vision has been confirmed and Council now has substantial staff talent in this area it would prudent to reassess this relationship and take over these responsibilities ourselves. Funding for this venture could be redirected into the CBD to further enhance projects nearing completion.

 

NOTICE OF MOTION

 

That Council:

 

1.   Write to Professor Ed Blakely and the US Studies Centre thanking them for their support and valuable assistance with the planning and implementation of the Building Our New City Project.

 

2.   Terminate the agreement from the end of June 2016

 

3.   Redirect funds to projects in the CBD.

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

The term of the current agreement with the US Studies Centre concludes on 30 June 2016 (12 month term).

 

Each year since 2013 the US Studies Centre has provided an agreement and schedules identifying an annual work program and deliverables for Council to consider.  Extension of the agreement each year has been on the recommendation of the Building Our New City Committee to Council.

In the normal course of events the Building Our New City Committee would review the need for the services of the US Studies Centre in the first half of 2016 and make a recommendation to Council.

 

The agreement with the US Studies Centre has two components:

 

·    Membership of the Future Cities Collaborative

·    Advisory services provided by Professor Edward Blakely

 

If Council decides not to continue to use the services of the US Studies Centre early advice to the Centre, while not legally required, would be in order as a courtesy.

 

Council may separately wish to continue to be a member of the Future Cities Collaborative.

 

CONSIDERATIONS

 

Economic and Financial

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

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

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

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

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

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


81

Ordinary Meeting 16 December 2015

Notices of Motion

 

NOM 04

Bringing Christmas Lights back into Liverpool

 

Strategic Direction

Healthy Inclusive  City

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

Key Policy

NA

File Ref

323895.2015

Author

Sabrina Mamone - Councillor

 

 

Background

 

Liverpool was once known for its spectacular display of Christmas Lights. 

 

Various streets in our LGA would regularly make the news headlines and people would come from all over Sydney to come see them.

 

Although, we are competing with other areas we still currently have a large number of our residents that put on a fabulous Christmas light display.

 

Displays like this are timely and costly.

 

NOTICE OF MOTION

 

That Council offers a reward to the best three displays in the LGA, with the following prizes:

 

·    1st prize $500

·    2nd prize $300

·    3rd prize $100

 

 

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

Foster neighbourhood pride and a sense of responsibility.

Encourage the community to engage in Council initiatives and actions.

 

 

ATTACHMENTS

 

Nil


83

Ordinary Meeting 16 December 2015

Notices of Motion

 

NOM 05

Friends of Collingwood

 

Strategic Direction

Proud Engaged City

Provide first class and iconic facilities and places

Key Policy

Heritage Strategy

File Ref

323940.2015

Author

Tony Hadchiti - Deputy Mayor

 

 

Background

 

Collingwood House is an important part of Liverpool’s history & heritage.

 

The Friends of Collingwood put in a great deal of time & effort towards promoting the house and as far as possible keep it maintained.

 

All the cleaning cost and cost of running tours is funded by the little they receive from activities they put on.

 

In recognition of the work they do and the importance to Liverpool history & heritage this motion is Calling on Council to allocate $3500 per annum to the Friends of Collingwood for the purpose of general up keeping and tour costs.

 

 

NOTICE OF MOTION

 

That Council

           

1.   Expresses it sincere gratitude to the Friends Of Collingwood for the work they do

 

2.   Allocates on a yearly basis $3,500 to the Friends of Collingwood for the purpose of general up keeping and tour costs

 

3.   Allow the CEO to determine a funding source for the 15/16 financial year

           

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

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

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

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

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

Deliver services that are customer focused.

 

 

ATTACHMENTS

 

Nil


85

Ordinary Meeting 16 December 2015

Notices of Motion

 

NOM 06

Georges River Combined Councils' Committee 

 

Strategic Direction

Natural Sustainable City

Lead the community to develop and implement environmentally sustainable practices

Key Policy

Integrated Environmental Sustainability Action Plan

File Ref

323968.2015

Author

Peter Harle  - Councillor

Geoff Shelton - Councillor

 

 

Background

 

The Georges River Combined Councils' Committee Inc. ('GRCCC')  aims to be an effective not for profit organisation which advocates by developing programs and partnerships and lobbying government organisations and other stakeholders to protect, conserve and enhance the Georges River.  Liverpool Council is a long term member of this organisation, and contributes to its aspirations and goals. Within the last few weeks the 2014-2015 Annual Report was released for the GRCCC, and it is available at www.georgesriver.org.au. The achievements of this organisation, particularly with respect to the Riverkeeper Program, are set out in this report.

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Tables the 2014-2015 Annual Report for the GRCCC, and notes its contents.

 

2.   Congratulates the GRCCC and its executive for their ongoing work, particularly with respect to the Riverkeeper Program.

 

3.   Forwards a copy of this motion to the executive of the GRCCC.

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

Manage the environmental health of waterways.

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

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

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Act as an environmental leader in the community.

Foster neighbourhood pride and a sense of responsibility.

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

Deliver services that are customer focused.

 

 

ATTACHMENTS

 

1.         Executive Summary - GRCCC Annual Report 2014 / 2015View  


87

NOM 06

Georges River Combined Councils' Committee 

Attachment 1

Executive Summary - GRCCC Annual Report 2014 / 2015

 


 


89

Ordinary Meeting 16 December 2015

Notices of Motion

 

NOM 07

Provision of Embellishments to Parks

 

Strategic Direction

Liveable Safe City

Create clean and attractive public places for people to engage and connect

Key Policy

Strategic Maintenance Plan

File Ref

324053.2015

Author

Peter Harle  - Councillor

Geoff Shelton – Councillor

Wendy Waller - Councillor

 

 

Background

 

In its ordinary general meeting of 25 November 2015 council resolved, DPG 02, not to proceed with the reclassification, rezoning and disposal of the parks referred to in that business item. At the same time Council resolved to 'meet with local residents to discuss the embellishments of nearby pocket parks. The following motion is accordingly proposed in furtherance of the second limb of the motion of 25 November 2015. Additionally, while it should not be necessary that calls be made to identify a specific funding source for fundamental council responsibilities such as the basic operation, maintenance and embellishment of council parks it is noted at the same Council meeting the sale of the property known as 31 Shepherd Street, LIVERPOOL was approved with subsequent investigations to be carried out, as described in CONF 02, that might require 'part' of the proceeds from this sale.  

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Compiles a strategy including the scheduling of community meetings to carry into effect the discussions referred to in the motion DPG 02 of November 2015.

 

2.   Presents a report to Council within four months as to options for the type of embellishments and enhancements which could be suitable for each of the parks mentioned in the previous item.     

 

 

 

3.   Funds the foregoing, including the commissioning of embellishments and enhancements, from general revenue, and failing that if necessary from the sale proceeds of the property known as 31 Shepherd Street, LIVERPOOL which sale proceeds, subject to the terms of CONF 02 of 25 November 2015, are to be hypothecated pending the implementation of this motion.

 

 

CONSIDERATIONS

 

Economic and Financial

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

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.

Support access and services for people with a disability.

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   


91

Ordinary Meeting 16 December 2015

Independent Hearing and Assessment Panel Report

 

IHAP 01

DA-237/2015 - Demolition of the existing buildings and construction of an eight (8) storey mixed use development comprising of ground floor commercial space, 58 residential units with associated car parking at 402 Macquarie Street and 190 Terminus Street, Liverpool

 

Strategic Direction

Vibrant Prosperous City

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

Key Policy

City Centre Strategy

File Ref

302245.2015

Report By

Taylar Vernon - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

402 Macquarie Street and 190 Terminus Street, Liverpool (Lot 1 DP 798853 and Lot 10 DP 589509)

Owner

MR J AND MS S HALL

Applicant

PETDEV PTY LTD

 

 

Executive Summary

 

Council has received and considered a development application DA-237/2015, proposing the demolition of the existing buildings and construction of an eight (8) storey mixed use development comprising of ground floor commercial space, 58 residential units with associated car parking at 402 Macquarie Street and 190 Terminus Street, Liverpool. This application was lodged on 1 April 2015.

 

This application was referred to the 23 November 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 7.16 of the Liverpool Local Environmental Plan (LLEP) 2008, which stipulates that consent must not be granted for a building on land in the B4 Mixed Use zone if the ground floor of the development will be used for the purposes of residential accommodation. The proposal includes residential units on the ground floor fronting Carey Street, representing a variation of 100%.

 

One objection was received during the public exhibition of this application. The Council Officer’s IHAP report (Attachment 2) provides further details on the variation request and a summary of the issues raised in the objection.

 

The IHAP recommendation (Attachment 3) was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report and a further condition recommended by the IHAP regarding additional landscaping. An additional condition is also recommended adding an unexpected asbestos finds protocol resulting from a review of the submitted Phase 2 Site Contamination Assessment. 

 

Additional conditions of consent have been added to the recommended conditions of consent, relating to the hanging of washing on balconies. The additional conditions will ensure that the hanging of any washing is not visible from a street to ensure the amenity of the streetscape is maintained.

 

RECOMMENDATION

 

That Council approves DA-237/2015 subject to the recommended conditions of consent attached to the Council officers IHAP report (Attachment 2) with the addition of Condition 32A (unexpected asbestos finds protocol), Condition 101A (amendments to landscaping plan), and Conditions 107A and 121 (restrictions on hanging washing on balconies).

 

New recommended Condition 32A to read:

Prior to works commencing, an Unexpected Asbestos Finds Protocol shall be developed and submitted to the Principal Certifying Authority for approval.  This protocol is to provide guidance in accordance with relevant EPA and Work Cover guidelines should isolated asbestos containing materials be found during excavation, earthworks or demolition

 

New recommended condition 101A to read:

Prior to the issue of any occupation certificate, the PCA must be satisfied that an additional six small shrubs (compared to that shown on the approved landscape plan in Condition 1(b) (such as magnolia little gem) that will attain a height of a minimum of four metres, are planted in the rear planter area.

 

New recommended condition 107A to read:

Prior to the issue of any Occupation Certificate, the following restriction as to user must be registered on the title of the property:

 

“The hanging of washing, including any clothing, towels, bedding or other article of a similar type on any balcony is not to be visible from any street.”

 

The restriction as to user may not be extinguished or altered except with the consent of Liverpool City Council.

 

New recommended condition 121 to read:

The hanging of washing, including any clothing, towels, bedding or other article of a similar type on any balcony is not to be visible from any street.

 

Background

 

Council has received and considered a development application DA-237/2015 proposing the demolition of the existing buildings and construction of an eight (8) storey mixed use development comprising of ground floor commercial space, 58 residential units with associated car parking at 402 Macquarie Street and 190 Terminus Street, Liverpool.

 

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

 

The application is accompanied by a written request to vary Clause 7.16 of the Liverpool Local Environmental Plan (LLEP) 2008, which stipulates that consent must not be granted for a building on land in the B4 Mixed Use zone if the ground floor of the development will be used for the purposes of residential accommodation. The proposal includes residential units on the ground floor fronting Carey Street, representing a variation of 100%.

 

The application is accompanied by an additional written request to vary Clause 4.4 of the LLEP 2008, which stipulates the maximum floor space ratio (FSR) for the site. A maximum FSR of 3.64:1 applies to the site and the proposed development has a FSR of 3.72, which represents a numerical non-compliance of 2.2%

 

The Site

 

The site is identified as 402 Macquarie Street and 190 Terminus Street, Liverpool, with legal description of Lot 1 DP 798853 and Lot 10 DP 589509. The subject site is located on the corner of Macquarie Street and Carey Street and has an area of 1487.2m2.

 

Current improvements on the site consist of a single-storey commercial building on Lot 1 and a two-storey commercial building on Lot 10. The site is adjoining by a commercial building to the north-east and residential buildings to the south and east. An aerial map of the site is provided in Figure 1 below.

 

Subject SiteThe subject site is located in the south-western portion of the Liverpool City Centre in a mixed use area of predominately residential and mixed use commercial land uses.http://adm-m-gis1/output/Buffer_ims_adm-m-gis179801444148781.jpg

Figure 1: Aerial image of the subject site.

 

details of the proposal

 

The proposed development is comprised of:

 

·    58 units with a mix of one (1), two (2) and three (3) bedroom units and private and communal open space areas;

 

·    One level of at grade car parking and two (2) levels of basement car parking providing 72 spaces, four (4) motorcycle parking spaces, a disabled persons parking space, bicycle parking spaces, storage compartments, and a loading/service bay; and

 

·    Ground floor commercial floor space.

 

The apartments are accessed via a central resident lobby which provides access to ground floor units, the commercial floor space and to the pair of central lifts and stair well. Access to the resident lobby and stairwell is achieved via Terminus Street, Carey Street and the basement car park.

 

The application is accompanied by a written request pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.16 of the LLEP 2008, which stipulates that consent must not be granted for a building on land in the B4 Mixed Use zone if the ground floor of the development will be used for the purposes of residential accommodation. The proposal includes residential units on the ground floor fronting Carey Street.

 

The application is accompanied by an additional written request to vary Clause 4.4 of the LLEP 2008, which stipulates the maximum FSR for the site. The development is proposed to exceed the maximum FSR of 3.64:1 prescribed by Clause 4.4 of the LLEP 2008. The proposed development has a FSR of 3.72.

 

An extract of the proposed architectural plans is provided in Figures 3 & 4 below. 

 

Figure 3: Proposed north-west elevation (as viewed from Macquarie Street)

Figure 4: Proposed north-west elevation (as viewed from Carey Street)

the issues

 

The key issue identified with respect to the proposal relates to Clause 7.16 of the LLEP.

 

The proposal fails to comply with Clause 7.16(4), which applies to the development and stipulates;

 

(4)     Development consent must not be granted for development for the purposes of a building on land to which this clause applies unless the consent authority is satisfied that the ground floor of the building:

 

(a)     will not be used for the purposes of residential accommodation, and

(b)     will have at least one entrance and at least one other door or window on the front of the building facing a street other than a service lane.

 

The application satisfies Clause 7.16(4)(b), however the proposal includes four one-bedroom units on the ground floor, with frontages to Carey Street and is therefore inconsistent with Clause 7.16(4)(a). 

 

Consequently, the applicant has submitted a written request seeking a variation to Clause 7.16(4) of the LLEP 2008.

 

The objectives of Clause 4.6 of the LLEP are as follows:

 

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

 

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

 

Clause 4.6 (3) prescribes:

 

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

 

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

 

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

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

 

·    The development is consistent with the objectives of the B4 zone and the development standard.

·    Strict compliance would hinder the attainment of the objects of the EP&A Act 1979 to promote the efficient and economic development of land.

 

The following comments are offered in response to the variation sought to Clause 7.16(4):

 

·    There is presently a high vacancy rate for commercial floor area in the south-west of the city centre and on Macquarie and Terminus Street in the locality.

·    Commercial floor space provided at street level on Terminus Street is not similarly capable of being provided at street level on Carey Street due to the grade of the site.

·    It is considered unlikely that commercial development fronting Carey Street would be viable, due to poor visual exposure and the relatively low volume of pedestrian and vehicular traffic.

 

The proposal also fails to comply with Clause 4.4 of the LLEP 2008, which stipulates the maximum FSR for the site. The maximum development is proposed to exceed the maximum FSR of 3.64:1 prescribed by Clause 4.4 of the LLEP 2008. The proposed development has a FSR of 3.72, which represents a numerical non-compliance of 2.2%

 

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

·    The development is consistent with the objectives of the B4 zone and the development standard

·    The non-compliance does not result in any contravention of the objects of the EP&A Act 1979 to promote the efficient and economic development of land

·    The non-compliance will not result in any adverse environmental impacts

 

The following comments are offered in response to the variation sought to Clause 4.4:

 

·    The non-compliance equates an additional 123sqm of floor space. The variation is considered minor and will not result in any perceptible difference in the bulk and scale of the building.

·    The variation will not result in any additional environmental impacts resulting from the development,

·    The locality is in need of revitalisation. The additional residential floor space which is proposed will result in additional residents in the area and therefore make a positive contribution towards a more active streetscape.

 

Having regard to the above, it is considered that strict compliance with Clause 7.16(4) and Clause 4.4 is unreasonable and unnecessary in this instance.

 

Additional recommended conditions of consent have been added to restrict the hanging of washing on balconies. These conditions have been added in response to rising community concerns regarding the visual amenity impacts of hanging washing on and from balconies in residential flat buildings in Liverpool. The proposed conditions will require that any washing hung on balconies not be visible from any street.

 

Independent Hearing and assessment panel

 

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

 

The Panel recommends that DA-237/2015 be approved subject to the conditions recommended by Council officers and the condition referred to in the minutes.

 

The additional condition recommended by the IHAP is:

 

“The Panel notes the proposed planter to the rear of the property has the capacity to provide further amenity. The Panel recommends the provision of six small shrubs (such as Magnolia little gem) that will attain a height of a minimum of four metres to be located in the planter area”.

 

The Panel recommendations have been included as conditions of consent and an additional condition is also recommended, requiring an unexpected asbestos finds protocol condition resulting from a review of the applicants Phase 2 Site Contamination Assessment.

 

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 Landowner DetailsView (Under separate cover)

2.         IHAP ReportView (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)  


99

Ordinary Meeting 16 December 2015

Independent Hearing and Assessment Panel Report

 

IHAP 02

DA-1014/2014 - Subdivision of proposed Residue Lot 53 (approved under Development Consent No. DA-961/2013) into four Torrens title residential lots including; earthworks, road and drainage construction at 320 Jardine Drive, Edmondson Park

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

312916.2015

Report By

Rodger Roppolo - Development Assessment Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 7A DP 29317 Rynan Avenue and Lot 8A DP 29317, 320 Jardine Drive, Edmondson Park

Owner

Juvesconi Investment Pty Ltd

Applicant

Juvesconi Investment Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-1014/2014, proposing the subdivision of residue Lot 53 (approved under Development Consent No. DA-961/2013) into four Torrens title residential lots including earthworks, road and drainage construction.

 

This application was referred to the 23 November 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary the following Clauses of the Liverpool Local Environmental Plan 2008:

 

- Clause 7.11 Dwelling Density; a numerical variation of 28.57% is proposed; and

- Clause 7.13 Minimum Lot Width; a numerical variation ranging from 24% to 43% is proposed

 

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-1014/2014 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-1014/2014, proposing the subdivision of residue Lot 53 (approved under Development Consent No. DA-961/2013) into four Torrens title residential lots including earthworks, road and drainage construction.

 

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 7.11 and Clause 7.13 of the LLEP 2008. Clause 7.11 requires a minimum dwelling density of 14 dwellings per hectare. A dwelling density of 10.01 dwellings per hectare has been provided which represents a numerical variation of 28%. Clause 7.13 requires a minimum lot width of 10m.  Lot 52 provides a minimum lot width of 7.55m at the rear boundary. The extent of variation is 2.45m or 24.5% while Lot 55 provides a minimum lot width of 5.705m at the primary frontage. The extent of variation is 4.295m or 42.9%.

 

The Site

 

The sites are legally identified as Lot 7A DP 29317 Rynan Avenue and Lot 8A DP 29317, 320 Jardine Drive, Edmondson Park. An aerial photograph of the locality is provided below in Figure 1.

 

Figure 1: Aerial image of the subject site

 

The proposed development will be occurring within Proposed Lot 53, which was approved under Development Consent No. DA-961/2013, as shown below.

Figure 2: Extract of the subdivision plan as approved under Development Consent No. DA-961/2013

 

The development site is located on the western side of the Cabramatta Creek Riparian Corridor, which is identified as open space on the approved subdivision plan. The site has an approximate area of 3996m2 and is triangular in shape. The site is relatively flat with a slight slope to Cabramatta Creek and contains some remnant woodland.

The deposited plan does not identify any easements or restrictions on the site that would affect the proposed subdivision.

 

The immediate locality is generally comprised of low scale residential development consisting of single storey and two storey detached dwellings. The subject site to the immediate east has recently been approved for a 27 lot residential subdivision and works for this subdivision have commenced. The site to the immediate north is currently vacant, however, a Development Application proposing a 44 lot residential subdivision has been lodged and is currently under assessment.

 

details of the proposal

 

The development application seeks consent for the subdivision of proposed Lot 53 into four Torrens title lots.

 

Details of the proposed Lots are as follows:

 

Proposed Lot

Area

Lot Width

Type of Lot

52

632m2

7.5m to 20.6m

Regular shaped lot

53

501m2

12.5m to 14.6m

Regular shaped lot

54

450m2

14m to 16.5m

Regular shaped lot

55

607m2

5.7m 27.7m

Corner lot

 

The development application also seeks consent for the following works:

 

-     Bulk Earthworks

-     Road construction; and

-     Drainage construction.

 

An extract of the proposed subdivision plan 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 dwelling density required by Clause 7.11 of the LLEP 2008 and the minimum lot width required by Clause 7.13 of the LLEP 2008.

 

 

 

 

Discussion of Variation to Clause 7.11 Dwelling Density

 

Clause 7.11 of the LLEP 2008, identifies a minimum dwelling density of 14 dwellings per hectare for the development site. A dwelling density of 10.01 dwellings per hectare is proposed, which results in a numerical variation of 28.57%.

 

The objectives of Clause 4.6 are as follows:

 

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

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

 

Clause 4.6(3) prescribes:

 

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

 

(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:

 

Compliance with the dwelling density of 14 dwellings per hectare of land is unreasonable in this case as:

-     The DA lot layout and design has been made pursuant to the LLEP 2008 lot size and lot width requirements which limit the number of lots able to be subdivided.

-     The DA is restricted by developed land and open space surrounding it and therefore the maximum yield has been sought.

-     The site has a significant area of road required to be dedicated restricting the developable land. The road area represents approximately 1850m2 leaving 2,210m2 of developable land. This road is classified as ‘internal road’ under the LLEP 2008, however, the roads form a greater network for the Edmondson Park growth centre.

-     Additional lots and an increase in dwelling density would be preferred, however, this is not achievable in this instance.

The loss of 1 to 2 lots from the development is negligible and would not have a negative visual impact on the surrounding area.

-     The land is undevelopable if the minimum dwelling density is enforced.

 

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 7.11 are still satisfied with this proposal despite the variation.  The objectives of Clause 7.11 are:

 

·    to contribute toward the efficient use of land resources,

·    to ensure the viability of public transport and other services planned for the area,

·    to ensure adequate funds for the recreation and community facilities planned for the area.

 

The following factors have been considered in assessing the appropriateness of this variation:

 

-     As part of the parent subdivision being Development Consent No. 961/2013, a total of 51 residential allotments were created, which represented a surplus of 9 lots. Therefore, the overall subdivision including both Development Consent No. 961/2013 and DA-1014/2014 will still result in a surplus of 7 lots (as represented in the table below), despite the variation to the dwelling density under this DA.

 

Development Application

Number of Dwellings (Lots) Required

Likely Number of Dwellings (Lots) to be Provided

Variation in number of Dwellings

DA-961/2013

42

51

+9

DA-1014/2014

5.5 (i.e. 6)

4

-2

Total

48

55

+7

 

-     Strict compliance with the dwelling density as part of this DA would mean the creation of an additional 2 lots. This would result in further variations to the minimum lot width standard, variation to the minimum lot size standard and would likely prevent suitable residential development being achieved on the lots.

 

Having regard to the above, it is considered that strict compliance with the dwelling density standard is unnecessary and unreasonable in this case, and that based on the circumstances of this proposal, it is reasonable to allow flexibility in the application of the lot width standard. There are sufficient environmental planning grounds to justify contravening the development standard.

 

Discussion of Variation to Clause 7.13 Minimum Lot Width

 

Clause 7.13(3) of the LLEP 2008, identifies a minimum lot width of 10m. The development proposes the following:

 

-     Lot 52 provides a minimum lot width of 7.55m at the rear boundary. The extent of variation is 2.45m or 24.5%.

-     Lot 55 provides a minimum lot width of 5.705m at the primary frontage. The extent of variation is 4.295m or 42.9%.

 

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

 

The approved development applications to the north and west of the site heavily restrict the possible lot layout and potential configurations available to the subject site. The two end lots (i.e Lot 52 and Lot 55), were given significantly more area to compensate for the area not complying with the minimum lot width. The location of the road prevents any movement or reconfiguration and the lots are designed to be perpendicular to the road to facilitate better lot design for house construction in the future.

 

Lot 55 is physically unable to remove the issue with the minimum lot width as the already approved development to the west and the road location dictates where the lot boundaries sit. Lowering of the minimum lot width on Lot 52 could be removed if all lots were no longer parallel to the street.

 

The small portions of each lot not fully complying with the minimum lot width would be used as part of the rear garden or yard of the property despite their width and would not detrimentally affect the intended use of the lot.

 

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 following factors have been considered in assessing the appropriateness of this variation:

 

-     The proposal would still provide an average lot width of 16.7m for proposed Lot 55 and 14.1m for proposed Lot 52, and site areas well in excess of the 450m2 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.

 

It is therefore considered that there are sufficient planning grounds to justify contravening the development standard as there are no expected adverse impacts as a result of allowing for flexibility within the development standard in this instance.

 

As detailed above, the variation would satisfy the intention of the standard in providing lots with dimensions suitable to accommodate residential development that would meet Council’s residential requirements. The variation to the development standard is therefore considered worthy of support and has sufficient environmental planning grounds to justify contravening the development standard.

 

Independent Hearing and assessment panel

 

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

 

The Panel recommends that DA-1014/2014 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 Details  View (Under separate cover)

2.         IHAP Report View (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)  


113

Ordinary Meeting 16 December 2015

Independent Hearing and Assessment Panel Report

 

IHAP 03

DA-376/2015 - Demolition of existing structures and subdivision of 2 Lots into 4 Torrens title lots and construction of a two storey dwelling on each lot at 79-81 Atkinson Street, Liverpool

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

313410.2015

Report By

Emma Butcher - Development Assessment Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 5 DP 137115 and Lot 7 DP 1040496

79-81 Atkinson Street, Liverpool

Owner

Ms Y Y X Zhang, Ms E Chan and Ms E Y F Zhang

Applicant

GEC Consulting Group Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-376/2015, proposing the demolition of existing structures and Torrens title subdivision of two lots into four lots with the construction of a dwelling on each lot at 79-81 Atkinson Street, Liverpool. This application was lodged on 14 May 2015.

 

This application was referred to the 23 November 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 battle-axe lots. The proposal includes two battle-axe shaped allotments (Proposed Lots 2 and 3). The access handle serving the proposed hatchet shaped lots is 5 metres wide. The proposal seeks to divide the access handle equally between Lots 2 and 3, such that a 2.5m wide access handle is provided, with reciprocal rights of way for each allotment. This represents a variation of 50% for each of the lots. It is noted that Amendment 32 to the LLEP 2008 which relates to the minimum lot width for battle-axe blocks is imminent. The proposed development would be compliant if assessed under the amended Clause.

 

 

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 1).

 

RECOMMENDATION

 

That Council approves DA-376/2015 subject to the recommended conditions of consent contained within the Council Officer’s IHAP report (See Attachment 2).

 

Background

 

Council has received and considered a development application DA-376/2015 proposing the demolition of existing structures and Torrens title subdivision of two lots into four lots with the construction of a dwelling on each lot at 79-81 Atkinson Street, Liverpool.

 

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

 

The application is accompanied by a written request to vary Clause 7.13 of the LLEP 2008 which prescribes the minimum lot width for subdivision in Zones R1, R2, R3 and R4. A minimum lot width of 5m for each proposed battle-axe lot applies to the site. The proposed subdivision includes two battle-axe blocks, proposed Lots 2 and 3, which each have a minimum lot width of 2.5m.

 

The Site

 

The sites are identified as 79-81 Atkinson Street, Liverpool, with legal description of Lot 5 DP 137115 and Lot 7 DP 1040496. The subject sites are rectangular shaped allotments with a combined area of 1353.2m2.

 

The subject sites currently each contain a single storey dwelling and detached garage. To the east of the site is the Hume Highway, and associated commercial development along the B6 Enterprise Corridor zoned land. Directly to the north of the site is a carpark associated with a Veterinary Clinic, Health supply store, restaurant and the Collingwood Hotel.

 

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

 

 

Subject Sites

Figure 1: Aerial image of the subject site.

 

The subject site is located in an established residential area within Liverpool which is characterised by low density residential development, with commercial development towards the east.

 

Subject Sites 

Figure 2: The site and surrounding locality.

 

details of the proposal

 

The proposed development consists of:

 

·    Demolition of existing structures on each of the sites

·    Subdivision of two (2) lots into four (4) Torrens title lots as follows;

 

Lot 1 – 305.76m2 with a minimum lot width of 12.74m

Lot 2 – 307.07m2 with a minimum lot width of 2.5m

Lot 3 – 307.07m2  with a minimum lot width of 2.5m

Lot 4 – 305.76m2 with a minimum lot width of 12.74m

 

·    Construction of a double storey detached dwelling on each lot

 

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

 

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

 

Figure 3: Proposed Lot layout for subject site.

 

the issues

 

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

 

Proposed Lots 2 and 3 fail to comply with Clause 7.13, which states that if a lot resulting

from a subdivision of land to which this clause applies is a battle-axe lot:

 

(a)  the lot must have an average width of more than 10 metres and a minimum width of at least 5 metres, and

 

(b)  the access handle must not be included when calculating the size of the lot for the purposes of clause 4.1 (3).

 

Proposed Lots 2 and 3 propose a minimum lot width of 2.5m, representing a variation of 50%.

 

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

 

The objectives of Clause 4.6 of the LLEP are as follows:

 

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

 

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

 

Clause 4.6 (3) prescribes:

 

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

 

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

 

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

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

 

·    The dimensions of the individual access handles are less than 5m however have a combined width of 5m. Combining the access handles achieves a width of 5m which is suitable for access purposes for the two rear lots (the intended function of access handles). The combining of the access handles represents an orderly and economic use of land which is an outcome that is consistent with one of the primary objects of the Act, namely Section 5(a)(ii).

 

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

 

·    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 application has demonstrated that both lots are capable of accommodating dwellings that comply with the relevant controls outlined in the Liverpool Development Control Plan 2008.

 

·    The variation relates only to the width of the access handle and not the developable land area. The developable portion of the lots meets the minimum lot size and lot width requirements as outlined in the LLEP 2008. 

 

·    It is noted that Amendment 32 to the LLEP 2008 which relates to the minimum lot width for battle-axe blocks is imminent. The proposed development would be compliant if assessed under the amended Clause.

 

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

 

Independent Hearing and assessment panel

 

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

 

The Panel has inspected the development site and read the Council officer’s report. The panel agrees with the Council officer’s recommendation and proposed conditions. It is recommended that DA-376/2015 be approved subject to the conditions recommend by council officers

 

Conclusion

 

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

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

 

Environmental and Sustainability

Enhance the environmental performance of buildings and homes.

 


Social and Cultural

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

 


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Applicant and Land owner details View (Under separate cover)

2.         IHAP Report View (Under separate cover)

3.         IHAP Recommendation for DA-376/2015View (Under separate cover)  


121

Ordinary Meeting 16 December 2015

Independent Hearing and Assessment Panel Report

 

IHAP 04

DA-219/2015 - Subdivision of one lot into three Torrens title lots at 150 Heathcote Road, Hammondville.

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

315626.2015

Report By

Emma Butcher - Development Assessment Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 8 DP 246745

Meehan Park, 150 Heathcote Road, Hammondville

Owner

Liverpool City Council

Applicant

Liverpool City Council

 

 

Executive Summary

 

Council has received and considered a development application DA-219/2015, proposing a three lot Torrens title subdivision at Meehan Park, 150 Heathcote Road, Hammondville. This application was lodged on 23 March 2015.

 

This application was referred to the 26 October 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the application has been lodged by Council and it is considered that Council has a pecuniary interest in the development. In addition, the development seeks to vary Clause 7.13 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a 10 metre minimum lot width for standard lots and a minimum lot width of 5m for battle-axe blocks. A lot width of 3.5m for the access handle of Lot 1 and 2 is proposed, which represents a variation of 30%. Lot 3 proposes a lot width of 5.63m along the arched boundary, which represents a maximum variation of 43.7%. 

 

The IHAP recommendation was to defer the development application and request that the applicant redesign the proposal as suggested in the minutes (See Attachment 2). Correspondence with Roads and Maritime Services (RMS) and Council’s Manager of Traffic and Transport has confirmed that the amendments proposed by the IHAP relating to access from Heathcote Road are not possible, as the subject site has alternative access for a driveway.  

RECOMMENDATION

 

That Council approves DA-219/2015 subject to the recommended conditions of consent contained within the Council Officer’s IHAP report (Attachment 1)

 

 

Background

 

Council has received and considered a development application DA-219/2015 proposing a three lot Torrens title subdivision at Meehan Park, 150 Heathcote Road, Hammondville.

 

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 application has been lodged by Council and it considered that Council has a pecuniary interest in the development. The proposed development also includes a request to vary a development standard in excess of 10%; pursuant to Clause 4.6 of the LLEP 2008.

 

The application is accompanied by a written request to vary Clause 7.13 of the LLEP 2008 which prescribes the minimum lot width for subdivision in Zones R1, R2, R3 and R4. A minimum lot width of 10m applies for Lot 3 and a minimum lot width of 5m applies to Lots 1 and 2. The proposed subdivision includes a lot, proposed lot 3, which provides for a minimum lot width of 5.63m at the arched boundary and two battle-axe blocks, proposed Lots 1 and 2, which each have a minimum lot width of 3.5m.

 

The Site

 

The site is identified as Meehan Park, 150 Heathcote Road, Hammondville, with a legal description of Lot 8 DP 246745. The subject site is an irregular shaped allotment with an area of 1991m2.

 

The subject site is currently contains a footpath and play equipment and is fronted by Heathcote Road to the south west and Meehan Avenue to the north east. The site was recommended to be reclassified from ‘community’ to ‘operational’ land at the Council meeting held on 16 December 2014.

 

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

 

Subject Site

Figure 1: Aerial image of the subject site.

 

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

 

Subject Site

Figure 2: The site and surrounding locality.

 

 

 

 

 

 

 

 

details of the proposal

 

The proposed development consists of:

 

·    Subdivision into three (3) lots as follows;

 

Lot 1 - 540m2 with a minimum lot width of 3.5m

Lot 2 - 577m2 with a minimum lot width of 3.5m

Lot 3 - 665m2  with a minimum lot width of 5.63m

 

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

 

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

 

Figure 3: Proposed Lot layout for subject site.

 

the issues

 

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

 

Proposed Lot 3 fails to comply with Clause 7.13(3), which states that the width of any lot, resulting from a subdivision of land, that is not subject of a development application for residential development, must not be less than 10 metres except in the instance where the lot resulting from a subdivision of land is a battle-axe.

 

Proposed Lot 3 proposes a minimum lot width of 5.63m, representing a variation of 43.7%.

 

Proposed Lots 1 and 2 fail to comply with Clause 7.13(4), which states that if a lot resulting

from a subdivision of land to which this clause applies is a battle-axe lot:

 

(a)  the lot must have an average width of more than 10 metres and a minimum width of at least 5 metres, and

 

(b)  the access handle must not be included when calculating the size of the lot for the purposes of clause 4.1 (3).

 

Proposed Lots 2 and 3 propose a minimum lot width of 3.5m, representing a variation of 30%.

 

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

 

The objectives of Clause 4.6 of the LLEP are as follows:

 

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

 

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

 

Clause 4.6 (3) prescribes:

 

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

 

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

 

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

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

 

·    The proposed subdivision has been designed to minimise amenity impacts such as overshadowing and visual privacy on adjoining properties, as the non-compliances relate to the width of the access handle.

 

·    In our opinion, the best planning practice should recognise these constraints [development within an existing urban area] and respond to the opportunity to value add to this development by going beyond basic numerical compliance checking, and consider broader structural and urban design frameworks.

 

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

 

·    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”. Building envelopes have been provided for each of the lots, demonstrating that they are capable of accommodating residential development.

 

·    The average width of each of the lots is greater than the required 10m, as the areas of non-compliance relate only to the access handles of Lot 1 and 2, and the front boundary of Lot 1.

 

·    The subject site is of an irregular shape and form. For this reason, any future development of this site would be heavily constrained.

 

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

 

Independent Hearing and assessment panel

 

At their meeting on 26 October 2015, IHAP made the following recommendation:

 

The panel notes that the development site is highly constrained by the shape of the allotment, the stormwater easement, and adjoining residential buildings to the north of the site.

 

The panel is concerned that the site does not have the capacity for three allotments given these constraints and that a two lot subdivision represents the capacity of the site. The panel is concerned about the proximity of the building envelope on proposed lot 3 to the dwelling immediately to the north and the proposed building envelope on proposed lot 2. The panel is also concerned about the presentation of the rear yard of proposed lot 1 to Heathcote Road alongside the adjoining dwellings that have front yards facing Heathcote road.

 

The panel recommends that the application be deferred and a redesign considered taking into account the following suggestions:

 

·    Vehicular access to proposed lot 1 be directly from Heathcote Road

·    Re-arrangement of the boundary between proposed lots 2 and 3 so that the drainage easement presently within proposed lot 2 is incorporated into proposed lot 3, allowing a greater setback of the building envelope to the northern boundary

·    The proposed building envelope on proposed lot 2 be moved to the southern portion of the proposed lot

·    The battle axe handle for proposed lot 1 be incorporated into proposed lot 2 (subject to access from Heathcote Road being permitted to proposed lot 1)

 

If these amendments are not possible the panel is inclined to recommend refusal of the application.

 

One of the panel members is of the view that the application should be refused without redesign on the basis that it removes an important pedestrian link between Meehan Avenue and Heathcote Road that provides access to public transport in Heathcote Road.

 

The Panel recommends that council defers consideration of DA-219/2015 and the applicant be requested to redesign the proposal as suggested in the panel minutes above.

 

Following the IHAP recommendation, discussions were held with the RMS and Council’s Manager of Traffic and Transport regarding the possibility of gaining access from Heathcote Road. Correspondence with RMS has confirmed that access from Heathcote Road would not be supported. An extract from the email received from RMS is provided below. 

 

Roads and Maritime advises that current practice is to limit the number of vehicular conflict points along the arterial road network to maintain network efficiency and road safety. This current practice is reflected in Section 6.2.1 of Roads and Maritime current publication of the Guide to Traffic Generating Developments, which states ‘access across the boundary with a major road is to be avoided wherever possible’.

 

Heathcote Road is a major arterial road, which carries a high volume of traffic, where transport efficiency of through traffic is of great importance. In Addition Roads and maritime would not support access to proposed lot 1 from the bus bay.

 

Further to the above, clause 101(2a) of State Environmental Planning Policy (Infrastructure) 2007, which reads as follows:

 

“The consent authority must not grant consent to development on land that has frontage to a classified road unless it is satisfied that:

 

(a)    where practicable, vehicular access to the land is provided by a road other than the classified road”.

 

As the subject site has alternative vehicular access via the local road network, Roads and Maritime would not grant concurrence to the proposed access on Heathcote Road under Section 138 of the Roads Act, 1993.

 

As access from Heathcote Road is not possible, the subsequent IHAP recommendations regarding subdivision layout are not feasible, and the subject site can be provided with access via an alternative route (Meehan Avenue).

 

The issue of the loss of pedestrian link between Meehan Avenue and Heathcote Road was addressed during the process of reclassifying the land from ‘community’ to ‘operational’. The proposal was notified to adjoining properties, and three submissions were received. Two of the submissions were in support of the reclassification of land.

 

As the IHAP recommendation is not possible, it is recommended that the application is approved subject to the recommended conditions of consent contained within the Council officer’s IHAP 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.         IHAP Report DA-219/2015View (Under separate cover)

2.         IHAP Recommendation for DA-219/2015View (Under separate cover)    


123

Ordinary Meeting 16 December 2015

Chief Executive Officer Report

 

CEO 01

Corporate Sponsorships

 

Strategic Direction

Proud Engaged City

Strengthen and celebrate Liverpool’s unique community identity

Key Policy

Communications Plan

File Ref

320443.2015

Report By

Jennifer Havilah - Strategic Communications & Research Manager

Approved By

Carl Wulff - 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 $8,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $8,000 is endorsed, the remaining balance will be $NIL.

 

Applicant name

Amount

Bula Hibiscus Festival

$3,000 ex gst

Luddenham Show

$5,000 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 REQUES-TED

 

AMOUNT RECOMM-ENDED

Bula Hibiscus Festival

Bula Hibiscus Festival – 30th January, Woodward Park

Fijian festival that celebrates aspects of Islander culture includes live performances, food stalls, and family friendly activities.  The event will include Indian and all Islander communities.  Not for profit event, free entry. Anticipated attendances 3,000.

 

Funds are being requested for infrastructure and advertising.

 

Benefits: Speaking opportunity, logo inclusion on event signage, opportunity to display signage at the event. Sponsor recognition with media releases.

 

The event does not activate the city centre, but is open to the general public and will use local suppliers and services and feature local community groups.  Moderate alignment with program criteriaRecommended for funding at the $3,000 level in line with previous support.

$10,000 ex GST

$3,000 ex GST

Luddenham Show

 

The 112th Annual Luddenham Show – 20 & 21 February,  Luddenham Showground

Country show held over two days with horses, cattle, animals,

pavilions, entertainment and fireworks. Ticketed event, all profits go back to the showground. The expected attendee numbers are 5,000 over the two days.

 

Funds are being requested for entertainment including fireworks.

 

Benefits: Branding on advertising, signage, show tickets, logo on website, stall at the show.

 

The event aligns with the aims of socially inclusive community.  While the event is in support of the Showground, it is open to the general public (entry fee required). The event will use local suppliers and services and feature local community groups.  Aligns with program criteria. Recommended for funding.

$5,000 ex GST

$5,000 ex GST

 

CONSIDERATIONS

 

Economic and Financial

 

The 2015/16 Corporate Sponsorship Program has a budget of $125,000, with a remaining balance of $4,850. If the recommended amount of $8,000 is endorsed, the remaining balance will be $NIL.

 

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  


125

Ordinary Meeting 16 December 2015

Business Improvement Report

 

DBI 01

Investigation - Files Destroyed in Council Fire 2010

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Information Technology Strategy

File Ref

312694.2015

Report By

Carole Todd - Director Business Improvement

Approved By

Carole Todd - Director Business Improvement

 

 

Executive Summary

 

The information given prior to this report regarding the number and nature of files destroyed in the fire at Council’s Hoxton Park Civic Building in 2010 was not correct. Until recently, estimates of the number of hard copy files that were lost in the fire indicated that 8905 paper files, with somewhere in the region of 750 hard copy files completely unrecoverable. 

The Director Business Improvement has undertaken a more intensive investigation which has revealed that whilst an audit was undertaken after the fire, seemingly it was performed in an unstructured manner over several months on and off site, it is understood the findings were not recorded in a formal report.

The investigation has revealed that there was an estimated complete loss of 624 hard copy files that do not appear to have had any electronic back up and assessed that the remaining 2476 files that were destroyed did have electronic copies in the Document Management System; however those files may not be complete.

A more robust process has been introduced from November 2015. All files received into Council are Trimmed automatically and assigned electronically to the relevant officers. In the main, although there are a few exceptions, hard copies are not circulated to staff, which considerably reduces the risk of the files being lost or misplaced.

The current method of research into missing files has been investigated and as a result a more vigorous process is in place to ensure a thorough investigation is carried out before any member of the public is informed the files may be missing, for whatever reason.

Information can only be provided to customers if the documentation is stored within Council’s files or recorded electronically in the document management system. In some cases the hard copy files have been lost, however Council does have some information; and therefore some relevant documentation will be stored within TRIM.

In most cases Council will be able to offer sight of the relevant documentation, however if those documents are not stored in either hard or electronic form, it is impossible for staff to provide copies.

 

 

RECOMMENDATION

 

That Council notes the content of this report.

 

REPORT

 

Council’s first Document Managment System (DMS) ‘Genesis’ was introduced in 1990. It was quite unsophisticated in today’s terms. Prior to that, Council mainly relied on hard copy files some of which some are on microfilm although the quality in some cases is extremely poor. From 2003 a more robust Document Managment System (DMS) – TRIM was introduced, however in the early years, there would have been limited ability to scan large documents and therefore it is highly likely that large plans would have been kept in hard copy only.

Whilst it can never be known exactly how many files were completely destroyed in the fire, following a more robust analysis, it is estimated that Table A below is as accurate as possible, given the lack of formal investigation or audit undertaken since the Council Building was partially destroyed in 2010.

Table A

A more stringent process has been introduced from November 2015. All files received into Council are Trimmed automatically and assigned electronically to the relevant officers. In the main, although there are a few exceptions, few hard copies are circulated to staff, all of which have been Trimmed, which considerably reduces the risk of the files being lost or misplaced. 

The current method of research into missing files has been investigated and as a result a more vigorous process is in place to ensure a thorough investigation is carried out before any member of the public is informed the files may be missing, for whatever reason.

Checks will be carried out by Records & Archives staff to ensure that any files that cannot be located are marked as either missing, or lost in the fire of 2010.

Copies of files to Customers

Information can only be provided to customers if the documentation is stored within Council’s files or recorded electronically in the document management system. In some cases the hard copy files have been lost, however Council does have some information; and in some cases all relevant documentation stored within TRIM.

Whilst there may be electronic copies of plans, large scale plans cannot be reproduced if the original was not scanned into the Document Management System (DMS) in the first instance. Unfortunately if the documentation is not available to Council, Council is unable to assist with replicating plans.

On the purchase of a property, prospective owners should ask their legal representatives to ensure the vendors provide copies of all documentation relevant to the sale. If home owners have lost their plans, they cannot rely on Council to provide a copy.  Owners or vendors would need to engage the services of an architect, draftsperson or surveyor to prepare new plans of existing structures on the site, which can be used in any future proposals.

Council can assist to a limited extent by advising those who enquire, of any historical details that may be recorded such as contact information. The previous owners may have a copy of the consent and stamped plans which they may be able to make available, however it is important to note that details very often change since the determination of an application.

It should be noted that some plans are subject to copyright, and as such cannot be replicated and distributed without the permission of the copyright holder.  Council can allow viewing access to these plans, and they can be supplied to lawyers for the purposes of obtaining legal advice.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil  


129

Ordinary Meeting 16 December 2015

Chief Financial Officer

 

CFO 01

Delegation of Authority by Council for the Christmas / New Year Recess

 

Strategic Direction

Leading Proactive Council

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

Key Policy

Workforce Management Plan

File Ref

306165.2015

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

Following the Council meeting on Wednesday 16 December 2015, Council will enter recess until its first scheduled meeting in the New Year on Wednesday 3 February 2016. This report seeks Council's approval to delegate certain functions to the Mayor and the CEO during this period. This is the normal practice of Council over the Christmas – New Year period.

 

RECOMMENDATION

 

That Council:

 

1.   Subject to the restrictions set out in section 377 of the Local Government Act 1993, grant delegated authority to the Mayor and the Chief Executive Officer to determine matters reserved for the elected Council from 17 December 2015 until the first scheduled ordinary meeting of Council on 3 February 2016;

 

2.   Receive a report from the Chief Executive Officer about matters determined under this delegation at its meeting on 3 February 2016.

 

 

REPORT

 

Councils normally give delegation to their Mayor and their general manager or CEO to manage and make decisions for their particular council during periods in which council meetings are impractical or impossible. The most common occasions are over the Christmas - New Year period.

 

In order to maintain the smooth operation of our Council, it is appropriate to recognise that formal authority should rest for a period of time with the Mayor and CEO in order to deal with any unforeseen circumstances which could occur in the period between the last Council meeting in 2015 and the first meeting in 2016.

 

Accordingly, it is recommended that Council delegate to the Mayor and the CEO the powers of Council for the purpose of carrying out business of Council from 17 December 2015 until 3 February 2016 inclusive, subject to the limitations set out under Section 377 of the Local Government Act 1993.

 

As per Council's normal practice, a list of matters determined under delegated authority will be reported at the first meeting of Council in the New Year.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil


135

Ordinary Meeting 16 December 2015

Chief Financial Officer

 

CFO 02

Investment Report November 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

319600.2015

Report By

Christian  Hope - Senior Financial Accountant

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

This report details the Council’s Investment portfolio.

 

At 30 November 2015, Council held investments with a market value of $178.3 million. The portfolio yield for twelve months ended was 3.51 per cent exceeding the benchmark of 2.37 per cent by 114 basis points for the same period.

 

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

 

RECOMMENDATION

 

That Council receives and notes this report.

 

REPORT

 

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

 

Council’s Portfolio

 

At 30 November 2015, Council held investments with a market value of $178.3 million. Council’s investment register detailing all its investments is provided as an attachment to this report.

             

 

 

 

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

 

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

 

Asset Class

Nov-15

Jun-15

Senior Debts (FRN’s & *TCD’s)

100.08 %

 100.49%

MBS (Reverse Mortgage Backed Securities)

  65.42 %

  66.01%

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

 

Council is fully compliant with the requirements of the Ministerial Investment Order including the grand fathering provision in regards to its investment portfolio holdings. The grand fathering provision states that Council continues to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

 

During the month of November Council purchased two floating rate notes (FRN) at a discount on the secondary market for a total face value of $5 million as follows:

 

Issuer

Credit Rating

Coupon Interest

Rate

Face Value

Purchase Price

Discount Received

Maturity Date

Macquarie Bank

 

S&P A

BBSW+113 basis points

$2,000,000

$1,997,720

$2,280

3 March 2020

Bank of Queensland

S&P A-

 

BBSW + 111 basis points

$3,000,000

$2,995,530

$4,470

6 November 2019

 

 

 

 

 

 

 

Portfolio Maturity Profile

 

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

 

Term To maturity

Total

% Holdings

Term To maturity Policy Limit

Cash & Cash at Call

21,625,445

12.13%

100%

Term Deposit < 1 Year

50,000,000

28.05%

100%

Tradeable Securities

52,742,797

29.59%

100%

Term Deposits 1 to < 3 Years

31,000,000

17.39%

60%

Term Deposits 3 to < 5 Years

21,000,000

11.78%

25%

Grandfathered Securities

1,898,204

1.06%

N/A

Grand Total

178,266,446

100.00%

 

Market Value by Issuer and Institution Policy limit as per Investment Policy

Security
Rating

Issuer

Total

% Holdings

Institution Policy Limit

Fitch A

Emerald Reverse Mortgage Trust

276,705

0.16%

25%

Fitch BBB+

Heritage Bank Ltd

3,000,750

1.68%

15%

Moodys P-1

Rabobank Australia Ltd

9,000,000

5.05%

35%

S&P A

Credit Suisse Sydney

1,996,940

1.12%

25%

 

Emerald Reverse Mortgage Trust

520,660

0.29%

25%

 

Macquarie Bank

5,021,400

2.82%

25%

S&P A-

Bank of Queensland Ltd

1,992,280

1.12%

25%

 

Bendigo & Adelaide Bank Ltd

9,985,040

5.60%

25%

S&P A+

Suncorp-Metway Ltd

1,994,040

1.12%

25%

S&P A1

AMP Bank Ltd

10,727,167

6.02%

35%

S&P A1+

Commonwealth Bank of Australia Ltd

10,898,277

6.11%

45%

 

National Australia Bank Ltd

35,000,000

19.63%

45%

S&P A2

Bank of Queensland Ltd

27,000,000

15.15%

25%

 

MyState Bank Ltd

2,000,000

1.12%

25%

 

P&N Bank Ltd

11,000,000

6.17%

25%

 

Police Bank Ltd

2,000,000

1.12%

25%

S&P AA-

ANZ Banking Group Ltd

698,117

0.39%

35%

 

Bank of Queensland Ltd

2,998,590

1.68%

35%

 

National Australia Bank Ltd

6,015,600

3.37%

35%

 

Westpac Banking Corporation Ltd

6,006,580

3.37%

35%

S&P AAA

Emerald Reverse Mortgage Trust

1,100,839

0.62%

45%

S&P BBB

SGE Mutual Ltd trading as G&C Mutual Bank

1,000,000

0.56%

15%

S&P BBB+

Credit Union Australia Ltd

4,031,180

2.26%

15%

 

Members Equity Bank Ltd

1,009,200

0.57%

15%

 

Newcastle Permanent Building Society Ltd

9,979,140

5.60%

15%

 

Police Bank Ltd

998,300

0.56%

15%

 

Teachers Mutual Bank Ltd

2,015,640

1.13%

15%

Unrated UR

Bananacoast Community Credit Union Ltd

4,000,000

2.24%

5%

 

Bank of Sydney Ltd

4,000,000

2.24%

5%

 

Rabobank Australia Ltd

2,000,000

1.12%

5%

Grand Total

 

178,266,446

100.00%

 

Overall Portfolio Credit Framework compliance to Investment Policy

 

Security Rating

Total

 

 

% Holdings

 

Portfolio Credit Limit

Moody’s P-1 (high grade)

9,000,000

5.05%

100%

S&P A1+ (high grade)

45,898,277

25.75%

100%

S&P AA- (high grade)

15,718,887

8.82%

100%

S&P AAA (high grade)

1,100,839

0.62%

100%

Fitch A ( upper medium grade)

276,705

0.16%

60%

S&P A (upper medium grade)

7,539,000

4.23%

60%

S&P A- (upper medium grade)

11,977,320

6.72%

60%

S&P A+ (upper medium grade)

1,994,040

1.12%

60%

S&P A1 (upper medium grade)

10,727,167

6.02%

60%

S&P A2 (upper  medium grade)

42,000,000

23.56%

60%

Fitch BBB+ (lower medium grade)

3,000,750

1.68%

50%

S&P BBB (lower medium grade)

1,000,000

0.56%

15%

S&P BBB+ (lower medium grade)

18,033,460

10.12%

15%

Unrated UR (not rated by rating agencies)

10,000,000

5.61%

25%

Grand Total

178,266,446

100.00%

 

Portfolio Performance against Bank Bill Swap Rate (BBSW)

 

Council’s investment portfolio yield for the 12 months ended 30 November 2015 was 3.51 per cent which exceeded benchmark of 2.37 per cent by 114 basis points for the same period. Council continues to achieve a solid outcome despite ongoing margin contraction and significantly lower deposit yields on offer. Council’s ongoing outperformance has been boosted by a handful of longer term investments yielding above 4% and maturing out to 2019. Return on investments is expected to slowly decrease as old investments in Council’s portfolio mature and replaced with investments yielding lower returns.

 

Comparative yields for the previous months are charted below:

 

 

 

Investment Portfolio at a Glance

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

MCWB01114_0000[1]

The portfolio yield for 12 month ended is 114 basis points above the benchmark for the same period (3.51% against 2.37%).

Annual Income vs. Budget

MCWB01114_0000[1]

Council’s investment year to date interest income was slightly below budget as at 30 November 2015 mainly due to low return on cash and cash at call accounts; however it is expected to improve and exceed year to date budget during the course of this financial year.

 

Investment Policy Compliance

Legislative Requirements

 

MCWB01114_0000[1]

Fully Compliant.

Portfolio Credit Rating Limit

MCWB01114_0000[1]

Fully Compliant.

 

Institutional Exposure Limits

MCWB01114_0000[1]

Fully Compliant.

Term to Maturity Limits

MCWB01114_0000[1]

Fully Compliant

 

 

Economic Outlook – Reserve Bank of Australia

At its December 2015 meeting, the Board of the Reserve Bank of Australia (RBA) decided to leave the cash rate unchanged at 2.0 per cent. A statement released on 1 December 2015 by Glenn Stevens, Governor of the RBA commenting on the central bank decision is attached to this report. The cash rate is at historically low level and adversely impacting returns on investment. Returns on Term Deposits have significantly dropped since the last twelve months. The average market returns on term deposits are:

·    Longer term deposits (> 3years maturity) - 3.0% to 3.4% p.a

·    Medium term (2 to 3 years to maturity) - 2.9 % to 3.0 % p.a.

·    Short term deposits rate (less than one year to maturity) – ranges from 2.3% to 2.9% per annum.

·    Cash & Cash At Call accounts range from1.7% to 2.5%

·    31 Days’ Notice Account 2.7%

 

Certificate of Responsible Accounting Officer

 

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

 

CONSIDERATIONS

 

Economic and Financial

Council’s investment year to date interest income was slightly below budget as at 30 November 2015 mainly due to low return on cash and cash at call accounts; however it is expected to improve and exceed year to date budget during the course of this financial year.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Investment Portfolio details November 2015View

2.         RBA Cash Rate Media Release December 2015View

3.         Performance Graphs Actual to Budget November 2015View

 


137

CFO 02

Investment Report November 2015

Attachment 1

Investment Portfolio details November 2015

 


 


 


139

CFO 02

Investment Report November 2015

Attachment 2

RBA Cash Rate Media Release December 2015

 


139

CFO 02

Investment Report November 2015

Attachment 3

Performance Graphs Actual to Budget November 2015

 

 


141

Ordinary Meeting 16 December 2015

Community and Culture Report

 

DCC 01

Closed Circuit Televison Network in Liverpool City Centre

 

Strategic Direction

Liveable Safe City

Improve the community’s sense of safety in Liverpool

Key Policy

Community Safety and Crime Prevention Strategy

File Ref

315939.2015

Report By

Kamrun Rahman - Community Development Worker (Community Safety)

Approved By

Kiersten Fishburn - Director Community & Culture

 

 

Executive Summary

 

At its meeting on 17 June 2014, Council resolved that a further report be presented detailing the current operations of the closed circuit television (CCTV) program in the Liverpool City Centre. 

 

In summary, since the program commenced, Council has processed 29 CCTV requests to view footage from Liverpool Local Area Command (LAC) to assist in detecting and prosecuting criminal offences. Feedback from the police in terms of their liaison with council staff in processing requests has been positive with successful identification and prosecution of a number of offenders by the police.

 

This report provides details of the program since it commenced in April 2014.

 

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report; and

 

2.   Reviews the the Public Safety Closed Circuit Television (CCTV) and Code of Practice and Standard Operating Procedure at its meeting in July 2016.

 

 

REPORT

 

The CCTV program has been in operation in Liverpool city centre since April 2014.  The program has the objectives of reducing crime in the city centre, enhancing perceptions of safety and assisting police with the detection and prosecution of offenders in the city centre.

 

20 cameras were installed at a number of hotspot locations in the city centre.

 

The CCTV program operates in accordance with a Memorandum of Understanding (MOU) between Council and NSW Police, the Public Safety Closed Circuit Television (CCTV) and Code of Practice and Standard Operating Procedures. The Code of Practice and Procedures were adopted by Council on 23 December 2013 with minor changes approved, after consultation with the Police on 28 July 2014. (The Code of Practice is based upon guidelines provided by the NSW Attorney General’s Department). The Police are satisfied with the current MOU, Code of Practice and Procedures. Therefore, it is recommended that the Code of Practice and Procedures be reviewed in July 2016 in accordance with Council’s normal timeframe for review of policies.

 

Since the program commenced, Council has processed 29 CCTV requests to view footage from Liverpool Local Area Command (LAC) to assist in detecting and prosecuting criminal offences. Feedback from the police in terms of their liaison with council staff in processing requests has been positive with successful identification and prosecution of a number of offenders by the police.

 

A crime analysis of Liverpool City Centre identified that the area has been a hotspot location for assaults, steal from motor vehicle, steal from person, malicious damage and robbery. Importantly, the rate of these crimes is not increasing and the rate of some crimes is actually decreasing.

 

According to Liverpool LAC, alcohol related crime at licensed premises including assaults, stealing, malicious damage and robbery has decreased by 28 percent in Liverpool city centre from 2013 to May 2015. The reduction in crime in Liverpool City Centre may well be the result of a combination of situational crime prevention strategies together with the installation of the CCTV system. 

 

Twice yearly, meetings are held between the Liverpool LAC and Council staff involved with the program. One issue that has been identified is that no single Council department or staff member is currently responsible for the overriding management of the system, including checking with the Police as to whether all cameras are in operation. Currently, staff from four Council business units are involved; IT, Community Development, City Presentation and Governance and Legal Services.  Staff will continue to refine the required management of the system.

 

It should be noted that a review of camera locations will be required on or before completion of the upgrading works in Macquarie Mall.

 

 

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.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil    


149

Ordinary Meeting 16 December 2015

Planning and Growth Report

 

DPG 01

Proposed changes to Council committees

 

Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref

306174.2015

Report By

Benny Horn - Strategic Planner

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

Council committees are important forums for engagement of focus groups relating to specific proposals, precincts or areas of interest.  However, preparations for and tasks following from the committees can consume considerable staff resources.  Moreover, the logistics of organising committees and satisfying quorum requirements can delay outcomes considerably.

 

The Strategic Planning Department presently has secretariat responsibilities for four committees: the Street Naming Committee, the Heritage Advisory Committee, the No Intermodal Committee and the Warwick Farm Steering Committee.  The protocol and processes for these committees have been considered and the following proposed changes to the committees are recommended in the interest of efficiency.

 

-     The Street Naming Committee: disband the Committee based on the proposed draft Naming Convention Policy, which sets out a standardised process for determining place names by Council, including those for streets, parks, places, objects and geographical features;

-     The Heritage Advisory Committee: stop holding Committee meetings.  Instead, Committee members will be invited to engage with Council, on heritage matters, via a written stakeholder referral process as matters for consideration arise; and

-     The No Intermodal Committee: hold Committee meetings quarterly rather than monthly.

 

No changes are proposed to the processes of the Warwick Farm Steering Committee.

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report.

 

2.   Adopts the proposed changes to the processes of the No Intermodal Committee and amends the Committee charter to bring these changes into effect.

 

3.   Adopts the proposed changes to the processes of the Heritage Advisory Committee and amends the Committee charter to bring these changes into effect.

 

4.   Endorses the proposal to disband the Street Naming Committee and refers to the proposed draft Naming Convention Policy for a standardised process on making decisions on naming requests.

 

5.   Endorses the draft Naming Convention Policy to be placed on public exhibition and requests a further report following the exhibition period.

 

6.   Revokes the charter of the Street Naming Committee.

 

7.   Writes to the members of the Street Naming Committee to acknowledge their contribution.

 

REPORT

 

Background

The Strategic Planning Department presently has secretariat responsibilities for the following Council committees:

·    Street Naming Committee;

·    Heritage Advisory Committee;

·    Warwick Farm Steering Committee; and

·    No Intermodal Committee.

 

Membership of these committees comprises Councillors, community representatives, and Council officers.

 

Options for amending Council committee processes

The committee meetings are important forums for the discussion and consideration of matters arising within each respective committee.  However, in their present form the committee meetings consume an undue portion of Strategic Planning resources in secretariat responsibilities.

 

The processes of these committees have been reviewed and it is considered that the committees impact on effective and efficient decision-making by unnecessarily delaying Council processes.  For example, the Street Naming Committee, which meets once every two months, did not have a quorum at two consecutive meetings this year, and therefore was unable to make formal recommendations to Council on a range of street naming issues for four months.  This resulted in undue delays to straightforward naming processes which is an unsatisfactory outcome for Council and its stakeholders.  Preparations for the meetings also consume officer resources which could otherwise be devoted to more productive pursuits and responsibilities. 

 

Council officers have identified options to improve the efficiency and efficacy of these Council committees.  Recommended changes to each Council committee are set out below.

 

Street Naming Committee

Street and park naming incorporates a number of processes that are currently subject to long delays as a result of the time span between Street Naming Committee meetings.

 

It is considered that changes to the processes involved in naming streets, parks, places, objects and geographical features are necessary to make decisions in a timely and efficient manner. The Community and Culture Directorate has developed a draft Naming Convention Policy (Attachment 1) that provides standardised and streamlined procedures to enable Council to easily and transparently determine place names, including those for streets, parks, places, objects and geographical features. This policy has been developed in accordance with legislative requirements and naming guidelines set out by the NSW Geographical Names Board (GNB).

 

The draft Naming Convention Policy proposes two naming processes for (1) the naming of suburbs and streets in new areas; and (2) external naming requests.  These are set out below.

 

(1) For the naming of suburbs and streets in new areas:

a)   A new area is planned identifying the need for new streets/suburb names;

b)   New street/suburb names are selected from a Recommended Naming Themes list, developed by Council staff following internal and external consultation;

c)   A recommendation to place the name/s on public exhibition is made to the Chief Executive Officer (or delegate);

d)   If the CEO (or delegate) approves the recommendation, the request is placed on public exhibition for 28 days in the local newspaper and affected residents notified (note that as per GNB guidelines, public exhibition is not required when naming streets on greenfield sites – when there are no existing residents to be affected by the new name – or if it is a private road);

i.    For street naming requests, the GNB and other relevant state agencies are notified using the GNB’s Online Road Naming System to seek endorsement of the name’s suitability;

ii.    For all other requests, the GNB and other relevant state agencies are notified by email to seek endorsement of suitability of the names;

e)   During the 28 day public exhibition period, feedback is also sought from Councillors and internal stakeholders;

f)    At the end of the exhibition period, any objections are considered and a recommendation on the proposed name/s is made to Council for adoption; and

g)   Following adoption, Council gazettes the name in the NSW Government Gazette. The name is then legal.

 

(2) For external naming requests received from a member of the public or a developer:

a)   A Naming Request Form providing details of a suggested name is submitted to Council;

b)   The request is assessed for its suitability against the Recommended Naming Themes list, developed by Council staff following internal and external consultation;

c)   If considered suitable, a recommendation to place the name/s on public exhibition is made to the Chief Executive Officer (or delegate);

d)   If the CEO (or delegate) approves the recommendation, the request is placed on public exhibition for 28 days in the local newspaper and affected residents notified (note that as per GNB guidelines, public exhibition is not required when naming streets on greenfield sites – where there are no existing residents to be affected by the new name – or if it is a private road);

i.    For street naming requests, the GNB and other relevant state agencies are notified using the GNB’s Online Road Naming System to seek endorsement of the name’s suitability;

ii.    For all other requests, the GNB and other relevant state agencies are notified by email to seek endorsement of suitability of the names;

e)   During the 28 day public exhibition period, feedback is also sought from Councillors and internal stakeholders;

f)    At the end of the exhibition period, any objections are considered and a recommendation on the proposed name/s is made to Council for adoption;

g)   Following adoption, Council will gazette the name in the NSW Government Gazette. The name is then legal.

 

Further information about Council’s role and responsibilities in responding to naming requests is set out in the draft Naming Convention Policy attached to this report. 

 

In light of the development of this policy, it is considered that Council’s Street Naming Committee is no longer required and it is recommended that it be disbanded. The draft policy and this report supersede changes to naming processes proposed by the Street Naming Committee at its meeting on 27 August 2015.

 

Heritage Advisory Committee

The Heritage Advisory Committee meets every two months to consider heritage matters.  However, the Committee in its current form is subject to delays of a similar nature to those experienced by the Street Naming Committee, and preparations for meetings consume an undue portion of Council staff resources.

 

It is therefore recommended that the Committee no longer holds face-to-face meetings, to be replaced by a stakeholder referral process in which Committee members are invited by Council’s Heritage Officer to consider, and provide input on, heritage issues following written correspondence from the Heritage Officer.

 

Under the proposed changes, the Heritage Officer would contact the Heritage Advisory Committee members electronically and/or in writing when heritage matters arise for deliberation.  In addition to referrals to Committee members, the Heritage Officer would also contact the Committee members electronically and/or in writing on a quarterly basis to share general information and updates on ongoing heritage matters.

 

Warwick Farm Steering Committee

The Warwick Farm Steering Committee currently meets quarterly to disseminate information and discuss emerging and ongoing issues related to development in Warwick Farm.  This is considered an appropriate frequency of meetings for the purposes of sharing information with the Committee, and no changes are proposed.

 

No Intermodal Committee

The No Intermodal Committee presently meets monthly, however it considered meetings could be held quarterly and still serve its primary purpose of providing a forum for Council and the community to share information and discuss issues related to development of the intermodal terminal.

 

It is therefore proposed that the No Intermodal Committee meet quarterly, consistent with the frequency of Warwick Farm Steering Committee meetings.  Quarterly meetings would strike a reasonable balance between the value of informing and discussing relevant issues with the community on the one hand and the frequency with which new matters pertaining to the intermodal terminal arise.  A reduced number of meetings would also free up officer resources. 

 

No other changes to the No Intermodal Committee are proposed.

 

Conclusion

The meeting processes of the four Council committees for which strategic planning has secretariat responsibilities have been reviewed. It is considered that in their current form, the processes can unnecessarily delay Council processes and decisions and consume an undue portion of Council officers’ time and resources.

 

The draft Naming Convention Policy identifies an efficient and streamlined process by which Council responds to naming requests. This process eliminates the need for the Street Naming Committee and therefore it is recommended  that the Committee be disbanded. The draft policy and this report supersede changes to naming processes proposed by the Street Naming Committee at its meeting on 27 August 2015.

 

It is also recommended that the Heritage Advisory Committee no longer hold bimonthly face-to-face meetings. The meetings would be replaced by a stakeholder referral process by which the Heritage Officer contacts Committee members in writing and/or via email on an ad-hoc basis as heritage matters emerge for consideration.

 

In addition, it is recommended that the No Intermodal Committee meet quarterly rather than monthly, bringing the Committee’s meeting timetable into line with that of the Warwick Farm Steering Committee and reflecting the frequency with which new matters, pertaining to the development of the intermodal terminal, arise.

 

No changes are proposed to the Warwick Farm Steering Committee.

 

In each instance, the respective Committee secretariats would continue to prepare a report with recommendations to Council, thereby ensuring that Council retains oversight of the Committee process and control over decision making.

 

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

Encourage the community to engage in Council initiatives and actions.

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

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Draft Naming Convention PolicyView (Under separate cover)  


151

Ordinary Meeting 16 December 2015

Planning and Growth Report

 

DPG 02

Animal Management Policy

 

Strategic Direction

Healthy Inclusive  City

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

Key Policy

Animal Management Policy and Circus Policy

File Ref

299558.2015

Report By

Nada Mardini - Manager Community Standards

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

In line with Council’s policy review timetable the Council’s Animal Management Policy has been reviewed.  The Policy was last reviewed in 2005 and is outdated.  The Policy has been streamlined and simplified to include matters relevant to Liverpool Council’s local area.

 

Additional matters relating to animal management such as the seizure of cats are also discussed in the report. 

 

Furthermore, the Pound tender is currently open for prospective offers and a further report will be provided to Council.

 

 

RECOMMENDATION

 

That Council:

 

1.    Approve the attached reviewed Management Policy.

2.    Commence an education program for dealing with stray cats.

3.    Provide for hire cat traps on request for a fee.

 

REPORT

 

The Animal Management Policy was originally adopted by Council in 1997 and was last reviewed in 2005.  The Policy is outdated and contains matters that are covered by State Legislation.  The Policy has been amended and streamlined to cover matters relevant to Liverpool Council’s local area.  It covers matters such as:

 

·  Requirements for keeping of animals.

·  The numbers that may be kept.

·  The animal species that can be kept.

 

The Policy also considers a number of heads of consideration that are relevant to animal management.

 

Other Matters relating to Animal Management

 

Stray and feral cats

 

Under the Companion Animals Act cats can be seized if they have attacked a person/animal or are in a prohibited area such as a wildlife protection area or food preparation area.

 

In addition, cats can be surrendered to the Pound if consented by the owner.

 

However, stray cats are an issue to residents, particularly, feral cats. In the past, Council has given out traps to residents wishing to trap a cat without a fee and collected the trapped cats and taken them to the Pound. However, this led to an excessive number of cats being impounded. For example, in 2013/2014, 1319 cats were impounded and 613 euthanased. This also led to a backlash in social media about the number of cats being euthanased. As a result, at the end of 2014 the Pound began to accept only cats as specified by the State legislation, or if surrendered by their owners. This was a Policy change made by the Pound and enforced on all Councils using the Pound. As such the number of cats impounded within Liverpool LGA for 2014/2015 fell to 658, with 318 euthanased.

 

It should be noted that all feral cats that are seized will be euthanased as they cannot be rehomed. Council should also conduct a further education program for residents encouraging desexing of cats and discouraging the feeding of stray cats.

 

It is also recommended that cat traps be provided on request for a hire fee of $20.00 per trap.

 

Pound

 

Currently the Pound tender is open for prospective offerors. The tender includes a low euthanasia policy requiring that the Pound not euthanase impounded animals unless the animal has been assessed unsuitable to be rehomed because it is aggressive, ill or there are no other options available.  The tender also requires the successful tenderer to maintain a register of customer complaints received and to be forwarded to Council for review.

 

A report regarding the Pound Tender will be prepared for the February Council meeting.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability