Ordinary Council Meeting

29 June 2016











Notices of Motion

NOM 02          Liverpool Council Currently Has No Elected Mayor.................................... 559...........

Business Improvement Report

DBI 01            Endorsement of the Delivery Program 2013-17 and Operational Plan 2016-17 including 2016-17 Budget (to be provided prior to the Council meeting)


Planning and Growth Report

DPG 03          Shepherd Street Precinct Planning Proposal............................................... 561...........  



Ordinary Meeting 29 June 2016

Notices of Motion


NOM 02

Liverpool Council Currently Has No Elected Mayor


Strategic Direction

Leading Proactive Council

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

Key Policy


File Ref



Peter Ristevski - Councillor





As a result of this Mayor wanting to sit in several chairs all at the same time, it has created a situation where our City currently does not have an elected Mayor, creating a logical nightmare. 


According to recent media reports and I quote "Mayor, who stepped aside as mayor this week", the following questions need to be answered as Councillors have been inundated with questions from ratepayers.


1.   Has this Mayor resigned? Can a copy of this be viewed by ratepayers? 


2.   Why has this Mayor stated at the last Council meeting that he is taking annual leave to engage in electioneering when there is no such thing under the Local Government Act? 


3.   If this Mayor has stepped aside as Mayor why is he still presiding over Citizenship ceremonies and chairing this month's Council meeting? 


4.   Are any Council employees campaigning for a particular candidate during this election?


5.   Have any candidates received any donations for this Federal election campaign from developers in Liverpool?


6.   Have any candidates made campaign videos that they are solely responsible for Council's new Carnes Hill Library and Leisure Centre development? 


notice of Motion


That Council:


1.   Write to the Daily Telegraph and 2GB correcting them that this Mayor HAS NOT stepped aside as Mayor, as they have reported, as he is still presiding over Citizenship and Council meetings.


2.   Release a media statement that the Council's new Carnes Hill Library and Leisure Centre development was not solely the work of a particular Councillor. The same media statement should give credit to our relevant Council staff and thank them for the contribution they have made to this project. 




Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

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

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

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







Ordinary Meeting 29 June 2016

Planning and Growth Report


DPG 03

Shepherd Street Precinct Planning Proposal


Strategic Direction

Liveable Safe City

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

Key Policy

Urban Development Plans

File Ref


Report By

Toni Averay - Director Planning & Growth

Approved By

Michael Cullen - Acting Chief Executive Officer



Executive Summary


This report details the planning proposal submitted by Coronation Property for 20-33 Shepherd Street, Liverpool, and recommends Council provide in principle approval, subject to the completion of a number of further technical studies.


The subject properties at 20-33 Shepherd Street are zoned high density residential R4 under the current Liverpool Local Environment Plan, LLEP 2008.  The planning proposal does not seek any changes to the zoning, but seeks to amend the LLEP to permit greater building height (HOB) and Floor Space Ratio (FSR) to facilitate increased density.


The applicant modified an earlier proposal for higher density in response to officer feedback, and the current proposal is considered more conservative and appropriate. 


The applicant has also proposed to enter into a voluntary planning agreement to improve public connectivity to the railway station, Light Horse Park and the riverfront; and for embellishments to public open space, and improved traffic management and transport services.  Negotiations regarding the public benefit offer are continuing.


The planning proposal represents an opportunity to activate a tired industrial area that has been zoned for high density residential development since 2008.  The proposal involves a modest increase in the total number of units which can be developed on the site from 895 to 1201.  The proposed built form represents a high standard of design quality by renowned architects Woods Bagot.   The development also involves adaptive reuse of the paper mill heritage building, with the proposed café and restaurant use providing public access to an important piece of Liverpool history.  Most importantly the proposal activates the riverfront and will deliver the first residential riverfront development in line with Council’s vision to reinvent the Georges River as a recreation and lifestyle destination. The accompanying public offer will provide public access to the riverfront and connectivity from the precinct to public transport and Light Horse Park, as well as contributing to public open space embellishments in an important riverfront recreation space.


Further technical studies to confirm urban design, traffic and transport, and social impact impacts are required in order to finalise the planning proposal prior to submission to Gateway.  Some of these are underway.


Should Council resolve to provide in principle support for the proposal, it is recommended that the A/CEO be delegated the authority to finalise the planning proposal subject to the completion of further technical studies prior to seeking Gateway from the Department of Planning and Environment, and to finalise negotiations regarding the proposed planning agreement.




That Council:


1.    Endorses in principle the modified planning proposal for 20-33 Shepherd Street, Liverpool for increased density on the existing R4 site;


2.    Delegates to the A/CEO the authority to finalise the planning proposal and submit to DPE for Gateway approval, subject to submission of the following:

a)   An urban design analysis;

b)   A transport and mobility study; and

c)   A comprehensive social impact assessment.


3.    Notes that the A/CEO will finalise negotiations regarding the proposed voluntary planning agreement and public benefit offer and any other relevant conditions as required to support the proposal, with a report to be presented to a future Council meeting.




Coronation Property Co P/L (t/a Shepherd Street Developments P/L) lodged a planning proposal in September 2015 for 20, 28, 31 and 33 Shepherd Street, Liverpool.  The proponent modified the proposal in March 2016 to also include 26 and 32 Shepherd Street. Additionally, in response to concerns raised by Council officers, the proposal was modified to reduce the densities, building height and FSR sought.


Site Context

The subject site for the planning proposal encompasses the properties aforementioned and equates to approximately 3.1 hectares in total area, and is depicted in Figure 1 below.


Figure 1 Planning proposal site 20, 26, 28, 31, 32 and 33 Shepherd Street


The site is located along the western bank of the Georges River, approximately 1.2km south of the Liverpool Train Station and the Liverpool City Centre. The intersection of the Hume Hwy and Mill Road is approximately 700 metres to the west, with the interchange of the M5 Motorway and Hume Hwy another 1km further to the south of that intersection. The Casula Powerhouse is approximately 1.8km to the south of the subject site.


More closely, the site is bounded to its north by Atkinson Street and existing low rise apartments which continue north along Speed Street to Bigge Street. To its immediate east is the Georges River, and to the south, Mill Park.  Directly to the west of the subject site are the adjacent properties on Shepherd Street that back on to the southern freight rail line. Beyond the freight line is an established low density residential neighbourhood.


As noted above, the subject site includes 20 Shepherd Street, which is also a local heritage item, listed under Schedule 5 of LLEP 2008, known as the Paper Mill. Development consent was granted in October 2015 (DA/1010/2015) for two residential flat buildings to be constructed on this site of 9 and 15 stories respectively, a total 247 units.


With the making of LLEP 2008, the Shepherd Street precinct, south of Atkinson Street, which includes the subject site, was zoned from General Industrial to High Density Residential R4.  As with many sites zoned R4 in the 2008 LLEP, residential development has not yet been taken up in this location and properties on the western edge of Shepherd Street remain largely industrial. Note construction has recently commenced on 20 Shepherd Street following approval in October 2015 as noted above.




Proposed Amendment to LLEP 2008

The planning proposal seeks to amend the local environmental plan (LEP) to increase the HOB and FSR for the affected properties, while maintaining the existing zoning (R4 High Density Residential) and the minimum lot size (1000m²). The proposed changes for the subject site are as follows:



Existing HOB

Proposed HOB

Existing FSR

Proposed FSR

20 Shepherd Street


29m, 76m



26 Shepherd Street





28 Shepherd Street


20m, 58m, 68m



32 Shepherd Street





33 Shepherd Street





31 Shepherd Street






The planning proposal in its current form includes a modified design concept plan and also draft amending LEP maps (refer to Attachment 1). The concept plan suggests a built form outcome and development potential for the entire precinct, including the subject site and the properties on the western edge of Shepherd Street. The draft LEP maps illustrate the development standards as they relate to Building Height and Floor Space Ratio proposed for the subject site to underpin the planning proposal.


The current proposal represents a significant reduction in FSR and HOB from the original proposal submitted by the applicant.  The proponent initially proposed an FSR of 4.5.1 and this has been modified in response to officer feedback.


The combined area of all properties within the Shepherd Street precinct is approximately 4.3 hectares, with the subject site making up approximately 72% of the entire area or about 3.1 hectares. The concept plan proposes a building mass and block design for both the eastern and western portions of Shepherd Street that would yield approximately 1,500 dwellings combined, with 1,200 being realised on the subject site.


However, as noted above, the precinct is already zoned high density residential R4 under the current LEP, and there is already an approved DA for a 15 storey building currently under construction on 20 Shepherd Street.  The planning proposal is seeking to increase density to create a modern community addressing the riverfront, boardwalk and the restaurant and/or cafe adaptive reuse of the heritage building.  The proposed increase in density represents a total of 350 additional units across the precinct (including both eastern and western sides of Shepherd Street) from what is permitted under the current LEP.




The following table provides a comparison of the total number of units, FSR and building heights for the subject site:


Site Area = 3.0442 ha



Total Units


Current LEP – base





Current LEP – w/bonus*




294 /ha

Submitted Application





Modified Proposal





Table 1 Density and yield comparisons - Planning proposal site 20, 26, 28, 31, 32 and 33 Shepherd Street



The proposal represents positive opportunities to activate a tired industrial area and commence the process of urban renewal along the Georges River.  This precinct will be the first of many riverfront residential developments that will enable Liverpool residents to enjoy waterfront living in the City.  Council has a very clear vision to focus the City’s attention towards the Georges River and activate the City Centre by increasing its residential population. The proposal will result in improvements to, and activation of, the riverfront. It will be the first development to do so.


Another significant benefit of the proposal is the opportunity for adaptive reuse of an important heritage item, the Paper Mill building.  This building has been in disuse and has fallen into poor repair without maintenance or use in recent years.  The proposal incorporates the restoration and adaptive reuse of the building for a restaurant and café, creating a vibrant heart to the development with public access to the heritage item as well as providing an entertainment and family destination.  This activity will significantly add to the social fabric of the area and will be linked to a public boardwalk along the riverfront to Light Horse Park.  Embellishments and improvements are planned for Light Horse Park to create a safe and attractive recreation facility for families to enjoy.


Proposed Voluntary Planning Agreement

The applicant has proposed to enter into a voluntary planning agreement to deliver public benefit outcomes within the area.  Negotiations are continuing with the applicant regarding the proposed planning agreement and the public benefit offer. The applicant submitted an original proposed public benefit offer in correspondence dated 14 March 2016, and this was subsequently revised on 10 June 2016.  Copies of both submissions are attached to this report for the information of Councillors.


A number of key components are under consideration, including traffic and transport improvements, some of which will be informed by current or pending technical studies.  The applicant has proposed to improve traffic and transport connectivity and access to the site to address traffic impacts as part of the planning agreement.   These improvements will be confirmed subject to the outcome of the transport and mobility study currently underway.  Council has commissioned transport and traffic studies for the Liverpool CBD in response to Transport for NSW requirements for assessment of the proposed City Centre LEP changes.  The study area has been expanded to include the Shepherd Street precinct at the applicant’s expense to ensure that traffic impacts of the development are understood and appropriate mitigation measures are identified. Some of these will be addressed in the planning agreement and others will be conditioned in future development applications.  The applicant has already proposed that a shuttle bus will be provided to connect the development to Liverpool railway station as an addition to improved pedestrian and cycling connections. In discussions with the applicant Council officers identified that shuttle bus services should also be considered linking to Casula railway station as this would reduce traffic in the CBD and on Bigge Street. This will be further examined as part of progressing the integrated transport strategy for this development following completion of the transport studies.


Additionally there is a need for the development to contribute to improved public open space, not only to meet the needs of its own future residents, but also for the benefit of the broader community.  For example, there are opportunities for minor upgrades to Mill Park, to particularly service future residents of the development; and for major embellishments and improvements to Light Horse Park to deliver a much broader and more significant community benefit.  Enhancement of Light Horse Park is also consistent with Council’s vision to activate this space and improve safety and access to and through the park and the riverfront pedestrian links


Negotiations regarding the planning agreement and public benefit offer are continuing.  A report on the outcome of these negotiations and the draft planning agreement will be prepared for Council for a future meeting.


The subject site is on the edge of the City (refer to Figure 2 below). The northern end of the site is at the outer limit of the optimum walkable catchment area for public transport services at Liverpool Station. The existing links, which include Speed Street, Riverpark Drive, and the pedestrian link through Light Horse Park, can provide good pedestrian connectivity but are currently of poor quality, lack permeability, and are not considered safe and accessible from a design perspective. A walkable catchment is considered to be 800 metres.  As can be seen in Figure 2, the northern end of the site is 800m from Liverpool railway station. 



Figure 2 Planning proposal area and distances to railway station and CBD


Transport and Mobility

One of the challenges being faced by Liverpool is that there is a clearly identified need for improved and increased public transport services that is not currently being met.  The recent campaigns for the Metro to be extended from Bankstown to Liverpool and for faster train services from Liverpool to the Sydney CBD highlight the inadequacies of the current rail services to Liverpool.  Additionally, bus services are based on Transport for NSW funding.  Many areas of the city lack adequate frequency and capacity; for example, Orange Grove Road, Miller, Middleton Grange. 


Increased residential development in and around the city centre will further support the case for improved public transport to achieve modal shift.  The proposed LEP amendment to the City Centre as well as the Georges River Master Plan will add to the growing demand for enhanced public transport services.


Council is currently undertaking traffic and transport studies to support the proposed LEP amendment in response to the request by Transport for NSW.  It has been agreed with the applicant for this proposal to incorporate the Shepherd Street impacts to be assessed as part of the study at the applicant's cost.  These will help inform the negotiation of an integrated transport package for inclusion in the final planning agreement offer.


The proposed planning agreement will seek to improve connectivity to the site by undertaking public domain improvements, constructing through links and access roads to the riverfront within the subject site, as well as building recreational open space and waterfront amenity as part of the redevelopment of the precinct.   This will not only benefit the future residents of the Shepherd Street precinct, but also the existing residents of the surrounding residential communities particularly on Riverpark Drive.


The public benefit works associated with the development will improve the pedestrian access from the precinct along the riverfront to Light Horse Park and to the railway station to improve safety, passive surveillance, lighting, width and amenity. 


The RMS Guide to Traffic Generating Developments provides technical guidelines for consent authorities when assessing the traffic impact of development applications. The Guide and the associated Technical Direction TDT 2013/04 specify a traffic generation rate of 0.29 trips per dwelling for the high density developments close to public transport. The planning proposal has used this rate to assess the traffic and transport impact of the proposed development.  This translates to approximately 350 vehicle trips per hour during the AM and PM peak periods, and assumes a high public and active transport usage by approximated 570 commuters.


While there may be spare capacity in the local road network close to the subject site, traffic impacts of the proposal along with the cumulative impacts of the other planned developments in and are around the City Centre, particularly on the already congested Bigge Street and the associated Newbridge Road/ Speed Street intersection are yet to be identified.


To address the potential impacts, the proponent has provided a preliminary integrated traffic and transport assessment. Based on this assessment, the proponent has offered the following:


·      A commitment to enable new future local connections across the Railway and Georges River once the correct connections have been identified by local and state government;

·      Walking and Cycling facilities –

Fund a safe walking and cycling path along the Shepherd Street Precinct Riverfront;

Contribute to potential upgrades to existing walking and cycling facilities along Mill and Light Horse Parks;

Fund required public domain and streetscape upgrades along Atkinson and Shepherd;

Streets to ensure a safe and amenable walking and cycling environment;

·      To make monetary contribution for a road link under the railway to extend Woodbrook Road to the Casula Powerhouse Access road if studies demonstrate this link is required – including necessary traffic calming treatments; 

·      To provide secure bicycle parking and car share spaces within the development; and space for a bicycle share pods within the precinct and at the Liverpool and Casula Stations;

·      To provide (short-term) commuter shuttle bus between the Shepherd Street precinct and the Liverpool Transport Interchange until appropriate connected local bus routes are provided by Transport for NSW; and

·      To make appropriate monetary contribution for required road upgrades to be identified by the Liverpool city centre traffic modelling.


The proponent is assuming this could be funded from the recently adopted contribution of $15,000 per dwelling. Notwithstanding this assumption, the proponent may be required to make additional contribution or carry out additional works, under Section 80A of the Environmental Planning and Assessment Act. This requires confirmation as part of further assessment of the proposal.


Urban Design considerations

A number of urban design issues have been identified by officers in their assessment of the planning proposal.  It is considered that issues of urban design, amenity and connectivity still need to be further addressed by the applicant. 


The applicant is currently finalising an updated urban design analysis.   This analysis needs to further address strategic context, particularly the relationship with the heritage item and riverfront, and the remaining surrounding built and natural environment.


This further study will inform the final detail and format of the planning proposal and accordingly it is recommended Council support the proposal in principle, noting that this study will inform the finalisation of the planning proposal prior to submission for Gateway approval.


Social Infrastructure and Amenity

The social sustainability of the proposed development requires consideration of the community infrastructure needed to support the wellbeing of its future residents. The planning proposal is silent with respect to detailing the community services and social infrastructure that may be required as a result of the proposed development, how these may be delivered, and whether opportunities exist to deliver these onsite, or in proximity to the development.


The public benefits proposed through this proposal include a shared footpath/ cycleway along the Georges River adjacent to the subject site, village shops at the Paper Mill building  and an upgrade to Mill Park as an improved neighbourhood public park.


However, the social infrastructure that may be needed as a result of this proposal would be in addition to the requirement for improved pedestrian access along Shepherd Street and the Georges River and to the Liverpool City Centre. For example, the future residents will require access to schools, community and health facilities.  While the Paper Mill will, through adaptive reuse, provide for restaurants and cafes, the demand generated for social infrastructure has not been addressed.


In order to adequately assess the social infrastructure that may be required as a result of the proposal, it is recommended that a comprehensive social impact assessment be undertaken.  The results of this study can then be addressed as part of negotiations to finalise the proposed planning agreement.


Georges River Master Plan

Council is currently finalising the Georges River Master Plan which includes the Shepherd Street site.  A workshop with Councillors on the proposed master plan has been planned for July and a final report will be presented to the July Council meeting.  The work undertaken to date recommends that, given the spatial context of the subject site in relation to the Liverpool City Centre and the Liverpool Station, and when compared to the opportunities presented by other sites which are better placed within the Georges River precinct, Shepherd Street offers less potential for higher densities.  


In response to officer feedback and noting progress work on the Master Plan, the applicant modified the original planning proposal and reduced the proposed FSR, height and density.  While still proposing high density residential development, the proponent reduced the height of the tallest building proposed from 31 to 24 storeys.  The revised proposal also includes several buildings of medium height – 5, 6, 8 and 9 storeys – as well as a townhouse style built form responding to the heritage building.  This represents a very different development form to proposals already submitted for other sites within the Master Plan area on the eastern side of the river which involve very tall buildings of 30 or more storeys with limited or no alternative built form options.


The planning proposal achieves a number of key aspects of the Master Plan vision including activating and providing connectivity to the riverfront, quality design, and housing choice.  It will be a catalyst development for Liverpool’s new waterfront lifestyle precinct.



The planning proposal has the potential to deliver catalyst development along the riverfront and contribute to the achievement of Council’s vision for the City Centre.  It will also provide housing diversity and meet a demand for an entirely different housing product in Liverpool. The proposal will contribute to a modal shift away from Liverpool’s dependence on motor vehicles, the present preferred mode of travel. The primary opportunities of the proposal include:


·    A clear ambition to embrace the Georges River and to contribute to improving the recreational opportunities and amenities the river can provide, consistent with Council’s vision;

·    The opportunity to create recreational space with good amenity adjacent to the Liverpool City Centre;

·    The opportunity to stimulate residential and employment growth within the Shepherd Street precinct;

·    A public benefit offer for improvements to the public domain within the precinct, including a new pedestrian and cycling connection along the riverbank along the precinct, upgrades to Mill Park, and local street upgrades in conjunction with the new street layout for Shepherd Street;

·    Street network improvements for new connections from Shepherd Street to the river, realigning and upgrading the Shepherd Street connection through to the Casula Powerhouse Arts Centre via Powerhouse Road;

·    Activation of the public domain by providing a local street layout and pedestrian connections as well as active ground-floor uses in the Heritage Mills Building;

·    Activation of the Heritage Mills Building which will provide local employment opportunities within the site.

·    Provision of greater access to the Georges River by seeking to activate the foreshore area in line with Liverpool’s ambition to become a River City; and

·    Enhancement of the riparian corridor along the river subject to provision of detailed specifications of the works to be undertaken to achieve this outcome.


It is therefore recommended that the proposal be supported in principle by Council, and delegated to the A/CEO to finalise, subject to further studies to address urban design; transport and mobility; and social impact.  Further negotiations regarding the VPA offer made by the proponent will be undertaken on the basis of the outcome of these studies. 




Economic and Financial

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

Environmental and Sustainability

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

Social and Cultural

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

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.




1.         Draft Planning Proposal for 20-33 Shepherd Street, Liverpool


DPG 03

Shepherd Street Precinct Planning Proposal

Attachment 1

Draft Planning Proposal for 20-33 Shepherd Street, Liverpool