Agenda of Ordinary Meeting - 7 February 2018

Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

National Anthem

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 13 December 2017........................................................... 7

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Development Application Determination Report

NIL

City Economy and Growth Report

EGROW 01 Liverpool Development Control Plan 2008 - Part 2.11 Edmondson Park House Keeping Amendment ..................................................................................... 58......... 1

EGROW 02 Proposed amendment to the Liverpool Local
Environmental Plan 2008 - Rezoning of land at Carnes Hill Shopping Centre 63 2

EGROW 03 'Easy to do Business' Program - Service Partnership with Service NSW..... 73......... 3

EGROW 04 Street and Park Naming................................................................................. 77......... 4

EGROW 05 Proposed rezoning of certain lands in Prestons for Environmental Conservation 82 5

Chief Executive Officer Report

CEO 01 2018 Australian Local Government Women's Association NSW Branch Conference .................................................................................................... 97......... 6

City Community and Culture Report

COM 01 Grants, Donations and Corporate Sponsorship............................................ 104......... 7

COM 02 Armistice Centenary..................................................................................... 109......... 8

City Corporate Report

CORP 01 Use of Council Crest by non-Council Entities.............................................. 113......... 9

CORP 02 Investment Report November 2017............................................................. 124....... 10

CORP 03 Investment Report December 2017............................................................. 133....... 11

City Presentation Report

NIL

City Infrastructure and Environment Report

NIL

Committee Reports

CTTE 01 Minutes of the Heritage Advisory Committee meeting of 27 November 2017 142 12

CTTE 02 Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 7 December 2017........................................... 149....... 13

Questions with Notice

NIL

Presentations by Councillors

Notices of Motion

NOM 01 Australian National Audit Office (ANAO) Intermodal Audit ......................... 206....... 14

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 Tender WT2674 - First Floor Renewal Works at Rosebank Cottage

Reason: Item CONF 01 is confidential pursuant to the provisions of s10A(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 02 Tender WT2685 – Design, Supply and Installation of Gross Pollutant Trap (GPT) at Maxwells Avenue, Sadleir

Reason: Item CONF 02 is confidential pursuant to the provisions of s10A(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 03 Tender RCL2519 - Removal and Disposal of Special Waste - Asbestos Waste

Reason: Item CONF 03 is confidential pursuant to the provisions of s10A(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.

Close

MINUTES OF THE Ordinary Meeting

HELD ON 13 December 2017

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Ms Kiersten Fishburn, Chief Executive Officer

Mr Tim Moore, Director City Economy and Growth / Deputy CEO

Mr Chris White, Director City Corporate

Dr Eddie Jackson, Director City Community and Culture

Mr David Brodie, Manager City Works

Mr Raj Autar, Director City Infrastructure and Environment

Mr John Morgan, Director Property and Commercial Development

The meeting commenced at 6.00pm

OPENING 6.00pm

ACKNOWLEDGMENT OF COUNTRY, The prayer of the Council was read by Reverend

PRAYER OF COUNCIL AND Paul Mosiejczuk from Liverpool Baptist Church.

AFFIRMATION TO BE READ BY

APOLOGIES Nil

CONDOLENCES Nil

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the minutes of the Ordinary Meeting held on 22 November 2017 be confirmed as a true record of that meeting.

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

Declarations of Interest

Clr Rhodes declared a pecuniary, interest in the following items:

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: One member who is identified in CONF 05 and CONF 06 advertises in a community magazine for Liverpool that Clr Rhodes produces.

Clr Rhodes left the Chambers and was not in the room when voting for these items took place.

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following items:

Item: CTTE 02 Minutes of the Intermodal Committee Meeting held on 14 November 2017

Reason: Clr Hadchiti has a personal conflict arising from the operation of s440 and s440AA of the Local Government Act 1993.

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: The people mentioned in the reports may or may not be Liberal Party members.

Clr Hadchiti remained in the Chambers for the duration of the items.

Clr Balloot declared a non-pecuniary, less than significant interest in the following items:

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: The people mentioned in the reports may or may not be Liberal Party members.

Clr Balloot remained in the Chambers for the duration of the items.

Clr Shelton declared a non-pecuniary, less than significant interest in the following items:

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: Clr Shelton is on the board of Liverpool Chambers of Commerce and Industry Incorporated, with some of the individuals named in the reports.

Clr Shelton remained in the Chambers for the duration of the items.

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

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: One of the nominees named in the reports may be a member of the Liberal Party.

Clr Hadid remained in the Chambers for the duration of the items.

Clr Ayyad declared a non-pecuniary, less than significant interest in the following items:

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: The people mentioned in the reports may or may not be Liberal Party members.

Clr Ayyad remained in the Chambers for the duration of the items.

Public Forum

Presentation – item not on agenda

1. Mr Kane Durrant addressed the Council on the following matter:

Biodiversity and Developments.

Representation – items on agenda

Ms Signe Westerberg addressed the Council on the following matter:

CTTE 04 Minutes of the Environment Advisory Committee held on 14 November 2017.

Ms Pam Browne from Moorebank Heritage Group addressed the Council on the following matter:

DCC 03 Grants, Donations and Corporate Sponsorship.

MOTION OF URGENCY

Mayor Waller accepted the motion below as a matter of urgency.

Motion: Moved: Clr Kaliyanda Seconded: Clr Hagarty

That Council write to state and federal governments and request that they reconsider the closure of the after-hours GP clinic at Liverpool Hospital on 31 December 2017 and request what alternative measures will be put in place.

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

ITEM NO: CTTE 03

FILE NO: 324465.2017

SUBJECT: Minutes of the Local Traffic Committee Meeting held on 8 November 2017

RECOMMENDATION

That Council adopts the following recommendations in accordance with attached Minutes:

i) Item 1 - Speed, Shepherd and Atkinson Streets, Liverpool – Decommissioning of Restricted Access Vehicles Route

· Council approves the decommissioning of the existing restricted access route (heavy vehicles) along Speed Street, Shepherd Street and Atkinson Street, Liverpool.

· Council requests the Roads and Maritime Services to remove this restricted access route from their records.

ii) Item 2 - Subdivision of 1450-1489 Camden Valley Way, East Leppington – Proposed signs and linemarking scheme

· Council approves the signs and linemarking with the revised roundabout design and two ‘Give Way signs’ for the subdivision of 1450-1486 Camden Valley Way, East Leppington, as shown in Attachments 2.1 to 2.4.

· Council advises the developer of its decision.

iii) Item 3 - Cartwright Avenue, Miller – Decommissioning of Bus Stops and Bus Zones

· Council approves the decommission of the existing bus stops and bus zones along both sides of Cartwright Avenue, Miller, at the front of St. Therese Catholic Primary School, as indicated in the Attachment 3.1.

· Council advises Transit Systems to decommission the bus stops and bus zones.

· Council advises the Transport for NSW of its decision.

iv) Item 4 - Terminus Street, Liverpool – Proposed ‘No Right Turn’ restriction at its intersection with Charles Street

· Council approves ‘No Right Turn, 6-10am and 3-6pm, Mon-Fri’ on Terminus Street at its intersection with Charles Street, Liverpool, as shown in the Attachment 4.1.

· Council assesses the impact of ‘No Right Turn’ restrictions at Charles Street and turning movements at the Terminus/Pierre Streets and Pirie/Nagle Street intersections.

· Council prepares a TMP for the right turn restriction to the Roads and Maritime Services for approval.

v) Item 5 - Flowerdale Road, Liverpool – Liverpool West Public School – Request for a raised pedestrian crossing

• Council approves the installation of a raised pedestrian threshold across Flowerdale Road, in front of Liverpool West Public School. As indicated in Attachments 5.1 and 5.2.

vi) Item 6 - Macquarie Street, Liverpool – Request for pick up and set down zone

· Council keeps the ‘No Parking’ restriction outside 265 and 269 Macquarie Street, Liverpool and attaches a supplementary ‘”Pick Up and Set Down Only” sign.

· Council to investigate a similar arrangement for the Medical Centre Tigris MDC at 243-245 George Street.

vii) Item 7 - Local Traffic Committee – Meeting dates for 2018

· Council approves the Committee to meet on the following dates in 2018:

o 24 January 2018

o 14 March 2018

o 16 May 2018

o 18 July 2018

o 19 September 2018

o 7 November 2018

· Council places the Local Traffic Committee meeting dates in the Corporate Diary.

viii) Item 8 - 2017-2018 Black Spot Improvement Projects

· Council approves the following traffic facilities:

o South Liverpool Road and St Johns Road intersection, Busby – Installation of raised threshold and extension of the median islands at the existing roundabout.

o Congressional Drive, Liverpool – Installation of raised thresholds on both approaches to the 90º bend.

o Maxwells Avenue, Ashcroft – upgrade of the existing marked pedestrian crossing to a raised threshold with the marked pedestrian crossing.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Rhodes

That Council adopts the recommendation with an additional point to item 5 which has been added below:

i) Item 1 - Speed, Shepherd and Atkinson Streets, Liverpool – Decommissioning of Restricted Access Vehicles Route

· Council approves the decommissioning of the existing restricted access route (heavy vehicles) along Speed Street, Shepherd Street and Atkinson Street, Liverpool.

· Council requests the Roads and Maritime Services to remove this restricted access route from their records.

ii) Item 2 - Subdivision of 1450-1489 Camden Valley Way, East Leppington – Proposed signs and linemarking scheme

· Council advises the developer of its decision.

iii) Item 3 - Cartwright Avenue, Miller – Decommissioning of Bus Stops and Bus Zones

· Council advises Transit Systems to decommission the bus stops and bus zones.

· Council advises the Transport for NSW of its decision.

iv) Item 4 - Terminus Street, Liverpool – Proposed ‘No Right Turn’ restriction at its intersection with Charles Street

· Council approves ‘No Right Turn, 6-10am and 3-6pm, Mon-Fri’ on Terminus Street at its intersection with Charles Street, Liverpool, as shown in the Attachment 4.1.

· Council assesses the impact of ‘No Right Turn’ restrictions at Charles Street and turning movements at the Terminus/Pierre Streets and Pirie/Nagle Street intersections.

· Council prepares a TMP for the right turn restriction to the Roads and Maritime Services for approval.

v) Item 5 - Flowerdale Road, Liverpool – Liverpool West Public School – Request for a raised pedestrian crossing

• Council approves the installation of a raised pedestrian threshold across Flowerdale Road, in front of Liverpool West Public School. As indicated in Attachments 5.1 and 5.2.

· Council advocates as a priority to the RMS for the installation of speed cameras on Flowerdale Road and Council staff report back to Councillors through the CEO Update on the results of that advocacy.

vi) Item 6 - Macquarie Street, Liverpool – Request for pick up and set down zone

· Council keeps the ‘No Parking’ restriction outside 265 and 269 Macquarie Street, Liverpool and attaches a supplementary ‘”Pick Up and Set Down Only” sign.

· Council to investigate a similar arrangement for the Medical Centre Tigris MDC at 243-245 George Street.

vii) Item 7 - Local Traffic Committee – Meeting dates for 2018

· Council approves the Committee to meet on the following dates in 2018:

o 24 January 2018

o 14 March 2018

o 16 May 2018

o 18 July 2018

o 19 September 2018

o 7 November 2018

· Council places the Local Traffic Committee meeting dates in the Corporate Diary.

viii) Item 8 - 2017-2018 Black Spot Improvement Projects

· Council approves the following traffic facilities:

o South Liverpool Road and St Johns Road intersection, Busby – Installation of raised threshold and extension of the median islands at the existing roundabout.

o Congressional Drive, Liverpool – Installation of raised thresholds on both approaches to the 90º bend.

o Maxwells Avenue, Ashcroft – upgrade of the existing marked pedestrian crossing to a raised threshold with the marked pedestrian crossing.

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

Mayor Waller advised that Council would now move into Closed Session to deal with Items DPG 03, CONF 05, DPG 04 and CONF 06 pursuant to the provisions of s10(A)(2)(a) of the Local Government Act 1993 because the items contain personal matters concerning particular individuals (other than Councillors).

To allow for the gallery to leave the Chambers, Mayor Waller called a short recess at 8.13pm.

Mayor Waller reopened the meeting in Closed Session at 8.18pm.

MOTION TO MOVE INTO COMMITTEE OF THE WHOLE

Motion: Moved: Clr Karnib Seconded: Clr Hadchiti

That Council move into Committee of the Whole to discuss items DPG 03, CONF 05, DPG 04 and CONF 06.

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

ITEM NO: DPG 03

FILE NO: 317586.2017

SUBJECT: Draft Tourism & Events Committee Charter

RECOMMENDATION

That Council:

Endorse the draft Tourism and Events Committee Charter; and

Elect three Councillor representatives to the Tourism and Events Committee.

UPDATED RECOMMENDATION

That Council:

Consider whether or not to leave clause 8.1.2 of the Charter, ‘The Mayor (or delegate) will be Chairperson of the Committee’. If this clause is deleted, then the following should be added to Section 8.1: ‘The election of a Chairperson will be conducted at the first meeting of the Committee’;

Amend clause 8.1.3 of the Charter to indicate that, ‘Five Councillors, as elected by Council, will sit on the Committee’;

Endorse the draft Tourism and Events Committee Charter with the appropriate amendments; and

Endorse the nomination of the following Councillors to the Committee: Deputy Mayor Ayyad, Clr Balloot, Clr Hadid, Clr Hagarty and Clr Rhodes.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council endorse the draft Tourism and Events Charter with the following amendment:

· “Having regard to the importance of this Committee, all Councillors be members.”

Foreshadowed motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council:

Endorse the draft Tourism and Events Committee Charter, with the following amendments:

8.2 Community Representation

8.2.1 The Committee will include up to 15 Community Representatives / strategic stakeholders who either live, work or own a business in the Liverpool LGA and / or have some knowledge, experience, and or engagement specific to Tourism and Events.

8.2.2 The appointment of community representatives is through an EOI process which will be called for through Council notices through the local media and Councils online platforms.

8.2.3 The appointment of strategic stakeholders will be by special invitation.

Elect five Councillor representatives, being Clr Ayyad, Clr Balloot, Clr Hadid, Clr Rhodes and Clr Shelton to the Tourism and Events Committee.

Make corresponding amendments to the Charter to enable the above changes to be made.

4. Initially invite Liverpool Catholic Club, Club Liverpool, Liverpool Hospital, Chamber of Commerce, Belgravia Leisure, University of Western Sydney, University of Wollongong, Riverside Stables and Austral Bowling Club as strategic stakeholders. Further stakeholders may be co-opted if required.

5. The Mayor or their delegate is the Chair of the Committee as per meeting protocol.

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

Clr Hadchiti left the Chambers at 8.53pm.

Clr Hadchiti returned to the Chambers at 8.55pm.

ITEM NO: DPG 04

FILE NO: 318921.2017

SUBJECT: Draft CBD Committee Charter

RECOMMENDATION

That Council:

Endorse the draft CBD Committee Charter; and

Elect three Councillor representatives to the CBD Committee.

UPDATED RECOMMENDATION

That Council:

Consider whether or not to leave clause 8.1.2 of the Charter, ‘The Mayor (or delegate) will be Chairperson of the Committee’. If this clause is deleted, then the following should be added to Section 8.1: ‘The election of a Chairperson will be conducted at the first meeting of the Committee’;

Amend clause 8.1.3 of the Charter to indicate that, ‘Four Councillors, as elected by Council, will sit on the Committee’;

Endorse the draft CBD Committee Charter with the appropriate amendments; and

Endorse the nomination of the following Councillors to the Committee: Clr Balloot, Clr Hadid, Clr Hagarty and Clr Rhodes.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council endorse the draft CBD Committee Charter with the following amendment:

· “Having regard to the importance of this Committee, all Councillors be members.”

Foreshadowed motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council:

1. Endorse the draft CBD Committee Charter, with the following amendments:

8.2 Community Representation

8.2.1 The Committee will include up to 15 Community Representatives / strategic stakeholders who either live, work or own a business in the Liverpool CBD and / or are considered strategic stake holders in the Liverpool CBD.

8.2.2 The appointment of community representatives is through an EOI process which will be called for through Council notices through the local media and Councils online platforms.

8.2.3 The appointment of strategic stakeholders will be by special invitation.

2. Elect four Councillor representatives, being Clr Balloot, Clr Hadid, Clr Hagarty and Clr Rhodes to the CBD Committee.

3. Make corresponding amendments to the Charter to enable the above changes to be made.

5. The Mayor or their delegate is the Chair of the Committee as per meeting protocol.

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

Division called:

Vote for: Mayor Waller

Clr Hagarty

Clr Kaliyanda

Clr Karnib

Clr Shelton

Vote against: Clr Ayyad

Clr Balloot

Clr Hadid

Clr Hadchiti

Clr Harle

Clr Rhodes

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

Ordinary Meeting 7 February 2018

City Economy and Growth Report

EGROW 01

Liverpool Development Control Plan 2008 - Part 2.11 Edmondson Park House Keeping Amendment

Strategic Direction	Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments
File Ref	301088.2017
Report By	Ian Stendara - Strategic Planner
Approved By	Tim Moore - Director, City Economy and Growth / Deputy CEO

Executive Summary

Council periodically reviews its Development Control Plans to ensure that controls remain relevant and respond to emerging issues, to changes in legislation and to address any anomalies identified by Council assessment staff or the community.

As a result of a review of the Liverpool Development Control Plan 2008 (LDCP 2008) – Part 2.11 Edmondson Park, a number of anomalies have been identified. These include typographical errors, drafting errors and duplicated objectives and controls. In addressing these anomalies, a number of additional objectives and controls have been added to Part 2.11 LDCP to ensure clarity.

This report details the review of Part 2.11 LDCP 2008 and seeks Council’s endorsement to place the draft amendments on public exhibition. The DCP amendment is considered minor and administrative in nature and does not result in a policy change for development in Edmondson Park.

RECOMMENDATION

That Council:

1. Place the draft amendments to the Liverpool Development Control Plan 2008 – Part 2.11 on public exhibition for a minimum period of 28 days in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000; and

2. Delegates to the CEO the finalisation of the amended Liverpool Development Control Plan 2008 – Part 2.11 should no submissions be received; or reports back to Council the details of the submissions upon conclusion of the exhibition period.

REPORT

Background

Following extensive master-planning, the Edmondson Park precinct was rezoned from rural zones, into a mixture of urban zones on the 31st March 2006. Most of the precinct was rezoned from 1(e) Rural – Future Urban to 2(e) Residential – Developing Communities and 2(f) Residential – Mixed Use by Amendment 83 to the Liverpool Local Environmental Plan 1997 (LLEP 1997).

Following the rezoning, the land was subject to the Edmondson Park Locality Development Control Plan Template. This DCP template identified a number of localities in Edmondson Park for which a more detailed DCP was to be prepared.

On 17 December 2007, Council adopted a new DCP for Edmondson Park, following LLEP 1997 Amendment 114. The new LEP and DCP were a result of the then Minister for Planning’s decision that a precinct wide DCP was needed (which would include a part of Edmondson Park in Campbelltown LGA). The DCP received a major re-write at this point, which may have introduced some anomalies.

On 28 July 2008, the Edmondson Park DCP was again amended. This time it was restructured in order to be compatible with the new comprehensive Liverpool Development Control Plan 2008 (LDCP 2008). The land-use zones were also changed at this point, as Council adopted the standard zones as part of the Standard Instrument LEP (LLEP 2008).

Proposed Changes

A number of stakeholders, including Council Development Assessment (DA) Planners, external government agencies, property developers, and DA applicants have identified inconsistencies and anomalies in Part 2.11 of the LDCP 2008 (Development in Edmondson Park). This amendment aims to address these anomalies. This amendment is generally administrative in nature, correcting errors, and does not seek to alter the precinct planning outcomes. A full list of changes (and justifications for the changes) to the DCP are shown in the Summary of Changes document dated October 2017 (Attachment 1).

The key changes are:

1. Amending any reference to “Business Centres”, “villages” or “local villages” to “village centres” for consistency. There is also stronger reference to suggest that the village centre controls apply to land zoned R3 in the precinct, as this was unclear in some instances.

2. Amending any reference of “Highway Retail” to “Enterprise Corridor” to align with the LLEP 2008 zoning (Highway retail was the name of the zone under LLEP 1997).

3. Amending the headings of the character area statements in section 1.4 to include the zone and residential dwelling density for which they apply:

· Village Centres (Zone R3),

· Urban (Zone R1, 28dw/Ha),

· Urban Transition (Zone R1, 17 & 21dw/Ha),

· Suburban (Zone R1, 14dw/Ha).

4. Amending the headings “Secondary dwellings (Studios)” to “Studio Dwellings”, and to include a new definition of studio dwellings:

Studio dwelling means a small self-contained dwelling that is erected above a garage facing a rear lane or a secondary road.

For the purpose of definition under the Liverpool Local Environmental Plan 2008, a Type 1 studio dwelling is a secondary dwelling.

For the purpose of definition under the Liverpool Local Environmental Plan 2008, a Type 2 studio dwelling is a dual occupancy or multi-dwelling housing.

The controls in the DCP are only suitable for buildings which are erected above a garage, which faces a laneway, rather than a typical secondary dwelling on the ground floor (e.g. granny flat). Amending the DCP as described would be consistent with the way in which Council has been implementing the controls.

5. Ensuring that residential flat buildings are subject to the objectives and controls for the urban areas (28dw/Ha), even if they are not located in that area. Currently it is unclear as to what controls apply to such development in the suburban and urban-transition areas.

6. Changing references of old or assumed road names with those now gazetted for the relevant areas (e.g. the extension of Ash Road is now known as Ardennes Avenue).

7. Changing reference of Bernera Road or Croatia Avenue to the Bus Priority Corridor, where relevant, minimising confusion.

8. Updating references to outdated documents or agencies to reference their current names (e.g. RTA to RMS, and Residential Flat Design Code, to Apartment Design Guide).

9. Amending cross-section for the standard construction of residential laneways, in accordance with Endeavour Energy servicing arrangements. The width of the road reserve and carriageway has not changed, and DA staff are already requiring developers to meet Endeavour Energy requirements.

10. Referring to Part 1 of the LDCP 2008 for controls relating to contamination.

11. Correcting instances in the “site planning” sections which reference requirements for Residential Flat Buildings only (these controls are intended to apply to all development and DAs have been assessed as such).

12. Amending the description of secondary setback from “The secondary setback is along the longest length boundary” to “For lots containing a dwelling house, the secondary setback is generally along the longest length boundary. For multi-dwelling housing or residential flat buildings, the secondary setback faces the secondary road, which is likely to be the shorter boundary(s)”. The current control was creating technical non-compliances when assessing larger developments such as RFBs.

13. Amending the control of garage setbacks to be consistent with a later referenced figure which showed two separate options. Garages can be setback 5.5m from any street frontage or 1.0m from a secondary road boundary.

14. Amending written controls to include an articulation zone (area for verandahs etc.) which may encroach the front and secondary boundary of the lot by 1.0m. A written control was omitted, but diagrams show an articulation zone. Articulation zones are standard across the remainder of the Liverpool LGA.

15. Removing controls relating to the minimum area of Private Open Space for Residential Flat Buildings, and referring to the Apartment Design Guide (ADG) instead. The DCP controls currently have no effect, as they are inconsistent with the ADG provisions which prevail to the extent of any inconsistency.

16. Introducing written controls that describe the preferred layout of the village centres. These controls currently reference a diagram which is not in the DCP. The written controls provide guidance and a level of consistency that allow for village centre developments to be assessed more efficiently, whilst providing up-front expectations to/from developers.

17. Inserting controls for drying areas into the 17-21dw/Ha areas. These controls are within the 28 and 14dw/Ha areas.

18. Inserting building depth controls into the 14dw/Ha area. These controls are within the 28 and 17-21dw/Ha areas.

19. Moving various controls from one heading to another, to ensure that similar controls are grouped together, and that controls for certain development types are not overlooked because they are in different sections.

20. Removing some duplicated controls.

21. Clarifying that bedrooms should be located away from classified roads, regardless of whether they are at the front, or any other aspect of the building.

Public Exhibition

Should Council proceed with this amendment, the next step would be to put the draft DCP on public exhibition for a period of 28 days in accordance with the Environmental Planning and Assessment Regulation 2000. During this time, members of the public will be able to view the draft DCP and make any comments. Following the public exhibition process, if there are any public submissions, a further report will be presented to Council detailing the public submissions. If there are no public submissions, it is recommended the CEO be delegated authority to finalise the DCP amendment.

CONSULTATION

The Development Assessment department has been consulted during the preparation of this report and the DCP amendments.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	Enhance the environmental performance of buildings and homes.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	Encourage the community to engage in Council initiatives and actions.
Legislative	Environmental Planning and Assessment Act 1979 and related Regulations.

ATTACHMENTS

1. Summary of Changes to Part 2.11 of the Liverpool DCP 2008 ⇨ (Under separate cover)

Ordinary Meeting 7 February 2018

City Economy and Growth Report

EGROW 02

Proposed amendment to the Liverpool Local
Environmental Plan 2008 - Rezoning of land at Carnes Hill Shopping Centre

Strategic Direction	Generating Opportunity Meet the challenges of Liverpool’s growing population
File Ref	356321.2017
Report By	Kweku Aikins - Strategic Planner
Approved By	Tim Moore - Director, City Economy and Growth / Deputy CEO

Property

Carnes Hill Shopping Centre

245 Cowpasture Road, Carnes Hill NSW 2171

Lot 104 DP 11105443

Owner

Bieson Pty Ltd

Applicant

Design + Planning

Executive Summary

Council has received a planning proposal seeking to amend the Liverpool Local Environmental Plan (LLEP) 2008 by rezoning a parcel of land at Cowpasture Road, Carnes Hill (Lot 104 DP 11105443) from RE1 Public Recreation to B2 Local Centre, to remove the site from the Land Reservation Acquisition Map in the LEP (as it has been reserved for acquisition by Council for public recreation purposes), and to introduce the following planning controls to the site:

· Floor Space Ratio - 1.7:1

· Height of Building – 21m

· Minimum Lot Size – 1,000sqm

The proposed zoning and development standards are consistent with the adjoining B2 Local Centre zone.

The proposed amendments to LLEP 2008 have strategic merit and are not inconsistent with Council’s long-term vision for the Local Government Area (LGA). The planning proposal is generally consistent with the applicable regional and sub-regional strategies, Council’s Community Strategic Plan, the relevant State Environmental Planning Policies (SEPPs) and Ministerial Directions (s.117 directions).

Rezoning the site to B2 will enable the site to be included in the B2 zone applying to the shopping centre and will support the proposed redevelopment of the shopping centre. The loss of recreation zoned land will have no impact on recreation opportunities in the vicinity, as the Carnes Hill Community and Recreation Precinct (opposite the site) provides for both active and passive recreation opportunities for the community in an accessible and consolidated area.

The report recommends that Council support the planning proposal and seek Gateway Determination from the Department of Planning & Environment.

RECOMMENDATION

That Council:

1. Endorse the planning proposal to amend the Liverpool Local Environmental Plan 2008 to rezone Lot 104 DP 11105443 at Cowpasture Road, Carnes Hill from RE1 – Public Recreation to B2 – Local Centre and forward the proposal to the Department of Planning and Environment for Gateway determination;

2. Subject to Gateway determination, undertake public exhibition and community consultation in accordance with the conditions of the Gateway determination; and

3. Receive a further report on the outcomes of public exhibition and community consultation.

Report

Site Context

Lot 104 DP 11105443 is a regular shaped allotment located on the southern side of Carnes Hill Marketplace. The site has an area of approximately 2,125sqm and is bounded by Main Street to the south, car parking to the north and east, and a vacant commercial site to the west.

The land is currently zoned RE1 Public Recreation with no building height, floor space ratio and minimum allotment size development standards. In accordance with the Land Reservation Acquisition Map, the site is to be acquired by Council for public recreation purposes. The land is currently privately owned by Bieson Pty Ltd. An aerial photo is provided and marked Figure 1.

The Carnes Hill Community and Recreation Precinct is located approximately 220m to the north-east of the site. An Aldi supermarket and associated car park are located to the south-east while the Holy Spirit Catholic Primary School and McDonald’s restaurant are situated to the south-west.

The closest bus stop is located approximately 250m north-east from the site, providing services from Cecil Hills, Austral, Bringelly and Narellan to Liverpool (Bus routes 827, 851, 852, 853, 854, 855, 857 and 1043). The site can also be accessed from the Westlink M7 via Kurrajong Road and is located approximately 4 km north-east of Leppington Station.

Figure 1: Aerial Photo (Source: Design+Planning)

History

An extensive Urban Design Workshop for Carnes Hill District Centre was undertaken on 4 November 1996. The workshop was attended by a variety of stakeholders and it was concluded that the Carnes Hill Town Centre should balance retail requirements with a community focus. As illustrated in Figure 2, a civic square and community facility were to be provided on the north-eastern corner of the Carnes Hill Town Centre, and a bus stop was proposed on the southern side of the Civic Square.

Figure 2: DCP 31 - Proposed Town Centre Plan (Source: Liverpool Council)

On 1 September 1997, two development applications were submitted to Council seeking the following:

· DA No. 188/98 - Staged development and rezoning for the purpose of a Woolworths supermarket, Big W, retail shops and community uses (see site plan in Figure 3).

· DA No. 198/98 - Subdivision to create 3 Torrens Title lots at the Town Centre for future commercial development, shopping centre and associated parking and community purposes/open space.

Figure 3: Site Plan for DA No: 188/98 (Source: Liverpool Council)

Figure 4: Zoning Map Extract prior to Gazettal of Amendment No. 10 (Source: LLEP 1997)

On 15 December 1997 and 15 January 1998, Council resolved to amend the LLEP 1997 and Development Control Plan (DCP) No. 31 – Subdivision of Land in Hoxton Park, Carnes Hill and Prestons Residential Release Area. The intent of the amendment was to adjust/relocate the commercial, open space and special uses zones for the Carnes Hill Town Centre so that they were consistent with the development applications lodged with Council.

On 16 September 1998, Council issued a ‘Deferred Commencement’ consent for DA No. 188/98.

On 16 October 1998, LLEP 1997 (Amendment No. 10) was gazetted to facilitate an alteration of zone and zoning boundaries at the Carnes Hill Town Centre.

On 1 February 1999, Council resolved to adopt Amendment No. 5 to DCP 31. The amendments included recognition of changes to the zoning boundaries gazetted under LLEP 1997 (Amendment No. 10), changes to the proposed road network in the vicinity of the Carnes Hill Town Centre and the establishment of development controls for the commercial pad sites.

As illustrated in Figures 3 and 5, the public recreation area was originally to be located to the north-east of the future community facilities/uses across Main Street.

Figure 5: LLEP 1997 - Zoning Map (Source: LLEP 1997)

As part of the preparation of the comprehensive LEP, Council resolved to amend the zoning map to reflect the current location of the existing open space within the Carnes Hill Town Centre. On 29 August 2008, LLEP 2008 was gazetted (see Figure 6).

Figure 6: LLEP 2008 – Zoning Map (Source: OneMap)

Proposed LLEP 2008 Amendment

The proponent, Design + Planning, lodged a planning proposal to Council in October 2017 which seeks the following amendment to LLEP 2008:

	Existing	Proposed
Zoning	RE1 Public Recreation	B2 Local Centre
Floor Space Ratio	None	1.7:1
Height of Building	None	21m
Minimum Lot Size	None	1000sqm

Assessment of Impacts

Open Space

Rezoning of the site would result in the apparent reduction of public recreation land, (approximately 2,125sqm) within the LGA. However, it should be noted that the site has not been identified as an open space network within the draft Recreation, Open Space and Sports Strategy. The strategy was put on public exhibition between 17 October 2017 and 15 December 2017. Adequate open space and recreational facilities have been provided for the local community including the Carnes Hill Community and Recreation Precinct and Greenway Park.

The Carnes Hill Community & Recreation Precinct (the Precinct) is located approximately 220m from the subject site. The Precinct consists of a gym, library, public plaza with a water feature and public art, a skate park, children's playground, outdoor multipurpose sports courts, community centre, picnic area, a cafe, cycling and walking paths as well as parking facilities. The Precinct has been designed to support the continuing growth of the area and provide social, cultural and sporting facilities for the community.

Greenway Park is located approximately 300m from the site on the western side of Cowpasture Road, and the following facilities are provided: two ovals, community centre, playground equipment and BBQ’s. It is also noted that there is a parcel of vacant open space (zoned RE1 Public Recreation with an area of approximately 2.29ha) located approximately 260m to the south-east of the site, and the parcel of vacant space is joined to Schoeffel Park which lies directly to the south in Horningsea Park.

Minimal amenity has been provided to the users of the site as it consists of seven benches, trees, low hedging and planting around the perimeter. There is a lack of integration with the Carnes Hill Marketplace as the site is located at the periphery of the development in which fencing and a retaining wall separate the site and the Marketplace car park. Additionally, the site is located adjacent to the entry and exit of the car park.

As the site is immediately surrounded by vacant land and a car park, there is minimal pedestrian traffic along the western end of Main Street. On-street parking is also provided at the front of the site which may obscure natural surveillance.

According to the planning proposal prepared by Design + Planning, Charter Hall is currently finalising a draft concept plan for the redevelopment of the shopping centre. A town square will be incorporated adjacent to Kurrajong Road to include the provision of a civic square that complements the activities associated with the Marketplace and responds to the Carnes Hill Community and Recreation Centre public plaza located on the northern side of Kurrajong Road. Charter Hall intends to submit a development application to Council for redevelopment of the Marketplace.

Rezoning

The planning proposal seeks to rezone the site from RE1 Public Recreation to B2 Local Centre; introduce new development standards and remove the land from the Land Reservation Acquisition Map.

The objectives of the proposal are as follows:

· To rezone a parcel of isolated land within the Carnes Hill Market Place from RE1 Public Recreation to B2 Local Centre;

· To provide consistent zoning and planning controls across the Carnes Hill Market Place and neighbouring properties; and

· To enable a holistic development of the Carnes Hill Market Place and cater for future population growth in the Liverpool LGA.

A rezoning is required as the RE1 zone is highly restricted and only permits the following uses with development consent:

Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Charter and tourism boating facilities; Child care centres; Community facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Kiosks; Marinas; Mooring pens; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Water recreation structures.

The proposed B2 Local Centre zone will cater for consistent land uses throughout the Carnes Hill town centre and facilitate the redevelopment of the Marketplace. The proposed development standards are consistent with the adjoining B2 zoned land.

Reclassification

The site is under private ownership and is not classified as ‘community land’ so reclassification is not required.

Consultation

The planning proposal was referred to Council’s Community Planning and Property sections for comment. Both Departments support the planning proposal.

Conclusion

It is recommended that Council endorse the planning proposal.

The planning proposal will allow for an underutilised parcel of land to be integrated with Carnes Hill Marketplace and surrounding B2 zoned land. The loss of the open space is considered insignificant due to its isolated location and its proximity to other open space and recreational facilities. The planning proposal is not inconsistent with Council’s long-term vision for the LGA nor does it conflict with the objectives of the Draft Greater Sydney Region Plan, A Plan for Growing Sydney and the draft Western City District Plan.

If the planning proposal is endorsed by Council, a copy of the planning proposal will be forwarded to the Department of Planning and Environment for Gateway Determination.

Should a Gateway Determination be issued, Council officers will proceed with the planning proposal in accordance with the requirements of the Gateway Determination and undertake agency consultation, public consultation and a public hearing (if required). The outcomes of the consultation process and the public hearing will be reported to Council at a future meeting.

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Facilitate economic development.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Environmental Planning and Assessment Act 1979

ATTACHMENTS

1. Planning Proposal ⇨ (Under separate cover)

Ordinary Meeting 7 February 2018

City Economy and Growth Report

EGROW 03

'Easy to do Business' Program - Service Partnership with Service NSW

Strategic Direction	Generating Opportunity Attract businesses for economic growth and employment opportunities
File Ref	336045.2017
Report By	Peta Kinnane - Coordinator Planning, Policy and Process
Approved By	Tim Moore - Director, City Economy and Growth / Deputy CEO

Executive Summary

Council has been invited to participate in the ‘Easy to do Business’ Program by Service NSW.

The ‘Easy to do Business’ (EtdB) Program is a joint initiative between the Department of Premier and Cabinet, the Customer Service Commissioner, the Office of NSW Small Business Commissioner, and Service NSW. This initiative has a direct link to NSW Government Premiers Priority “Make NSW the easiest state to start a business”. The program aims to streamline the processes of opening a new business, which typically require a business owner to deal with 13 agencies across the three tiers of Government, including Council, and to complete up to 48 forms. This entire process can take up to 18 months.

At launch, the initiative will focus on the café, small bar and restaurant subsectors. The initiative will expand in the future to other subsectors such as clothing, retail, print businesses, and road freight.

RECOMMENDATION

That Council:

1. Enters into a business agreement related to the administration of the ‘Easy to do Business’ program with the Chief Executive Officer, Service NSW in accordance with the Service Partnership Agreement as required under the Service NSW (One-stop Access to Government Services) Act 2013 (s7(5)); and

2. Delegates authority to the Chief Executive Officer to sign this agreement on behalf of Council.

REPORT

The EtdB program is an initiative that will support Council’s desire to streamline the establishment of new businesses within the City.

The program focuses on coordinating and navigating through all of the government approvals required to be obtained by a new business owner in respect of a particular business sector.

Enhancing the focus of a Service Partnership Agreement to reduce research time required by small business, reduced administration effort (red tape) to prepare applications, removal of duplicate fields (single input form), digital rather than paper based forms for ease of access and submission, creating a single point of contact for queries /status updates and delivering faster application assessment timeframes for the complete process.

Service NSW provides a digital platform and detailed information upfront as to what is required by a potential new business owner from all of the approval authorities, including Council. A single digital form replaces the 48 existing forms. A business concierge service, via a single phone number, is also provided to support customers through the process.

As part of a case study with Parramatta City Council, a business owner is connected with a case manager and offered a single online application form, halving the amount of time taken to complete the registration process. What normally could take up to 18 months, 48 application forms and 75 regulations to start a café, restaurant or small bar in NSW, now takes 90 days or less.

The key benefits of a partnership with Service NSW as part of EtdB Program include:

· Allow Council to maintain its status as a “Business Friendly Council” with the NSW Small Business Commissioner’s Office.

· Better quality Development Applications will be submitted as a business concierge team will review the documents before they are submitted to the Council, saving time for applicants as well as for Council to complete the Development Applications.

· A business concierge team will provide support for residents with new business ideas, promoting economic activity within the local government area.

· A single digital form will assist residents to enter information quickly and to avoid the need for duplicated entry of the same data.

· Council will benefit from exploring further future collaboration opportunities with Service NSW because of this partnership.

Internal consultation has occurred with the areas of Council that interact with the small business community. Further workshops will be scheduled to enable the frontline employees to participate in tailoring the EtdB implementation for the Liverpool community. Areas of Council involved include customer experience, economic development, development assessment, community standards, ePlanning and reform and communication services.

In accordance with Service NSW (One-stop access to Government Services) Act 2013, a Council resolution is required to allow Council to enter into a Service Partnership Agreement.

Financial Implications

Council will provide marketing and communication support for the launch of the EtdB Program which will be provided from Council’s existing budget and resources. Service NSW provides the infrastructure for the online portal.

CONCLUSION

Council has a desire to provide residents a more streamlined process for opening a café, small bar and restaurant and other business types in the longer term. This initiative will also support Council’s continued focus on business improvement to make processes and systems easier for local residents, and those wanting to do a business in the Liverpool local government area.

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Encourage and promote businesses to develop in the hospital, health and medical precinct (of the City Centre). Facilitate economic development. Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	Raise awareness in the community about the available services and facilities. 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	Undertake communication practices with the community and stakeholders across a range of media. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Actively advocate for federal and state government support, funding and services.
Legislative	Environmental Planning & Assessment Act 1979 Service NSW (One-stop access to Government Services) Act 2013 (s7(5)) Development Control Plans (DCPs).

ATTACHMENTS

Nil

Ordinary Meeting 7 February 2018

City Economy and Growth Report

EGROW 04

Street and Park Naming

Strategic Direction	Generating Opportunity Advocate for, and develop, transport networks to create an accessible city
File Ref	007926.2018
Report By	Louis Chen - Strategic Planner
Approved By	Tim Moore - Director, City Economy and Growth / Deputy CEO

Executive Summary

The purpose of this report is to seek Council’s support to proceed with current street and park naming requests. All street and park names have been assessed using Council’s Naming Convention Policy and in consultation with the Geographical Names Board (GNB) of NSW.

RECOMMENDATION

That Council:

1. Supports the street and park names noted in this report; and

2. Delegates to the Chief Executive Officer (CEO) to begin the process of gazettal.

REPORT

Three street naming proposals were received in January 2018. All street names have been assessed using Council’s Naming Convention Policy, in consultation with the Geographical Names Board (GNB) of NSW. The names have been checked for duplication using the GNB’s Online Road Naming System. Names that have previously been approved by Council are not listed in this report.

Item 1: 240-260 Fifth Avenue, Austral (Lots 1127-1129 DP2475)

An application has been received for the approved development located at 240-260 Fifth Avenue, Austral. The proposed street names are consistent with the local agricultural theme, and are:

Harvest Street	Scion Street	Plough Street	Carriage Street
Hardwood Lane	Croft Lane	Crop Avenue

Item 2: 200 Seventh Avenue, Austral (Lots 998-999 DP2475)

An application has been received for the approved development located at 200 Seventh Avenue, Austral. The proposed street names are consistent with the local agricultural theme, and are:

· Greenhouse Street

· Contour Street

Item 3: 75, 95 & 115 Eighteenth Avenue, Austral (Lots 1-3 DP201865, Lot 15 DP831988)

An application has been received for the approved development located at 75, 95 & 115 Eighteenth Avenue, Austral. Due to the area’s proximity to the Sydney Olympic Rifle Range, the local theme is Olympic host cities and the streets are named accordingly:

· Cortina Avenue

· Oslo Street

· St Moritz Avenue

· Tokyo Road

· Seoul Avenue

· King Rock Road (road originates in wheat varieties themed area to the south)

Item 4: Additional street names for contingency

As the above street names are yet to be endorsed by GNB, it is suggested that following additional names are endorsed by Council in the event that the above mentioned names are objected to by GNB. This will allow for contingency and reduce processing time for the applicants. If not required, these names can be used for other new streets in Austral.

Olympic host cities	Agricultural theme
Montreal	Sawdust
Beijing	Livestock
Helsinki	Ranch
Chamonix	Farm
Wheat varieties
Zebu
Katana
Gauntlet
Annuello

Item 5: Roy Mills Reserve

A park naming request has received for a future reserve in Austral. The proposed name is Roy Mills Reserve. As part of the urban release of Austral, part of the land at 85-95 Thirteenth Avenue (Lots 634-635 DP2475) will become a public reserve.

Roy Mills was a founding member of the Austral Bowling Club and an active member of the Austral Progress Association. He was a resident of Austral until he passed away. His final residence was at 85 Thirteenth Avenue in Austral.

Next Steps

All street names will be:

· Placed on public notification for 28 days in the local newspaper;

· The GNB and other relevant state agencies (Australia Post, NSW Ambulance, Fire and Rescue NSW, NSW Rural Fire Service, NSW State Emergency Service, NSW Volunteer Rescue Association, Roads and Maritime Services and NSW Police Force) will be notified using the GNB’s Online Road Naming System to seek endorsement.

A park naming request will be sent to GNB for their approval when development for the relevant site begins. GNB will undertake all further actions in this process.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility.
Legislative	Roads Act 1993

ATTACHMENTS

Nil

Ordinary Meeting 7 February 2018

City Economy and Growth Report

EGROW 05

Proposed rezoning of certain lands in Prestons for Environmental Conservation

Strategic Direction	Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape
File Ref	017115.2018
Report By	Louis Chen - Strategic Planner
Approved By	Tim Moore - Director, City Economy and Growth / Deputy CEO

Executive Summary

This report seeks in-principle support for a planning proposal to amend the Liverpool Local Environmental Plan (LLEP) 2008 to rezone two (2) sites in Prestons from IN3 – Heavy Industry to E2 – Environmental Conservation. The subject sites, legally known as Lot 10 DP1003837 and Part Lot 11 DP1228445, contain endangered ecological communities and threatened species. The change in zone will provide a greater level of protection for these sites of high ecological value and is consistent with current restrictions on title which prohibit development on these sites.

This report recommends Council provide in-principle support for the rezoning of the sites and delegates to the CEO to prepare a planning proposal and forward it to the Department of Planning and Environment seeking gateway determination.

RECOMMENDATION

That Council:

1. Provide in-principle support for the rezoning of Lot 10 DP1003837 and Lot 11 DP1228445 from IN3 – Heavy Industry to E2 – Environmental Conservation; and

2. Delegates to the CEO to prepare a planning proposal and forward it to the Department of Planning and Environment seeking gateway determination.

REPORT

Background

The Preston’s industrial area was released on 12 October 1990 with the land rezoned from rural to industrial. A vegetation study for Prestons was undertaken in 1998 which recommended the protection of the subject sites (along with others) due to their ecological value. Some of the sites that were mentioned in this study have since been developed or degraded.

36 Lyn Parade (Lot 10 DP 1003837) was registered on 25 June 1999 (following subdivision approval) with a restriction on title prohibiting development of the site given the site was an offset for the vegetation loss resulting from the original subdivision that allowed development on neighbouring lots.

Lot 110 DP1150684 (the previous Lot and DP for Lot 11 Progress Circuit) was registered on 10 May 2010, with a restriction on title requiring the bushland on the site be retained and managed in accordance with a Conservation management Plan.

The 2007 and 2008 LEP carried over the industrial zoning of the Preston’s area without properly considering whether these specific sites should remain zoned industrial given the studies identifying protection of the sites and the subdivision approval conditions including the restrictions on development contained within the s88b instruments. Over the years, Council has consistently refused to lift the s88b restriction on title when requested by current and previous owners of 36 Lyn Parade as these restrictions were required as an offset for the vegetation loss resulting from the original subdivision.

Given the current zoning of the land is considered inappropriate and not consistent with the s88b restriction on title, it is proposed to amend the Liverpool Local Environmental Plan 2008 (LLEP) by rezoning the sites, being 36 Lyn Parade and Part Lot 10 Progress Circuit in Prestons, from IN3 – Heavy Industry to E2 – Environmental Conservation.

The rezoning will provide a greater level of protection for these sites of high ecological value, certainty for the landowners and the community and is consistent with the restrictions on title which prohibit development on these sites.

The Sites

The total area of the sites is approximately 4.2ha. Lot 10 is approximately 1ha and is bounded by warehouses on the north, south, and east, and has a frontage to Lyn Parade. Pt Lot 11 is approximately 3.2ha and is bounded by warehouses to the north and south east, has frontages to Lyn Parade to the east and Progress Circuit to the south, and is connected to the Maxwells Creek riparian corridor to the west.

Figure 1: Location of subject sites outlined in red (Nearmap 2017).

Figure 2: Zoning of subject site outlined in red (LCC Geocortex 2017).

The sites are currently undeveloped and are of high ecological value. Acacia pubescens and Pultenaea parviflora are observed on the sites. Both species are listed under the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act), and under the NSW Biodiversity Conservation Act 2016 (BC Act), the former is listed as vulnerable and the latter as endangered. Vegetation that can be classified as either Cooks River/Castlereagh Ironbark Forest or Shale Gravel Transition Forest also occurs on the site, both endangered ecological communities under the BC Act and critically endangered ecological communities under the EPBC Act.

Figure 3: Location of threatened species. Green – Acacia pubescens; orange – Pultenaea parviflora (Cumberland Ecology 2016)

Figure 4: Threatened ecological communities on the subject site. Green – Cooks River/Castlereagh Ironbark Forest or Shale Gravel Transition Forest (Cumberland Ecology 2016).

Figure 5: Site visit photo of Lot 10 DP1003837 from Lyn Parade.

Figure 6: Site visit photo of Lot 11 DP1228445 from Progress Circuit.

Site history

Lot 10 DP1003837 was created as part of the subdivision of Lot 1 DP626996 in 2007. As part of the development consent for the subdivision, Lot 10 was burdened by a Section 88B Instrument (attached) under the Conveyancing Act 1919 which required the permanent protection and management of the site through a conservation management plan and that any development of the site is prohibited. Lot 10 thus acted as an offset for the vegetation loss resulting from the subdivision.

Notwithstanding the s88b restriction, Council received a development application on 21 December 2016 for the removal of all vegetation on Lot 10 to enable development of the site in accordance with the IN3 zoning. The DA was refused by Council on 19 June 2017 due to a lack of information to demonstrate that the removal of vegetation would not have a significant adverse impact on the endangered ecological community and the threatened species.

The applicant has appealed Council’s refusal of the application to the Land and Environment Court. The hearing is to take place on 21-22 February 2018. Whilst Council is confident that that the appeal will be dismissed, the Court has significant discretion in considering development applications and may approve the development application seeking removal of the vegetation and uplift the s88b restriction on title. Notwithstanding this risk, it is considered that given the environmental significance of the sites, the current zone is not appropriate and a rezoning to E2 is the most appropriate course of action.

Lot 11 DP1228445 was created as part of the subdivision of Lot 110 DP1150684. A restriction on the use of land also exists for this parcel, mandating no alteration of native vegetation and requiring that the land be retained as bushland and managed through a management plan. These terms are set out in the Section 88B Instrument for DP1150684 (attached) and still apply, having not been removed as part of the subdivision creating DP1228445. No DA has been received for Lot 11.

Justification

The rezoning of the sites from IN3 to E2 is supported by various Council policies and plans. One of the aims of the LLEP is “to protect and enhance the natural environment in Liverpool, incorporating ecologically sustainable development”. Furthermore, the objectives of Clause 7.6 of the LLEP are:

a) To maintain bushland, wetlands and wildlife corridors of high conservation value,

c) To protect rare and threatened native flora and native fauna.

Council’s Community Strategic Plan (CSP), Our Home, Liverpool 2027, also states that Council will “protect and enhance bushland, rivers and the visual landscape”, and the Draft Western City District Plan requires Council to “protect and enhance biodiversity by managing urban bushland and remnant vegetation as green infrastructure.”

The sites are of high ecological value. In addition to the aforementioned observed threatened species and communities, Council’s expert ecologist considers the Cumberland Plain Land Snail (Meridolum corneovirens) and Native Pear (Marsedenia viridiflora subsp. viridiflora) may also be present on the subject site, both listed as endangered under the BC Act.

The vegetation on site is considered to be of moderate to good condition with high native species richness and relatively low occurrence of exotic species. Pt Lot 11 in particular is important in terms of regional connectivity as it adjoins vegetation along Maxwells Creek. Lot 10 is separated by Lyn Parade, but connectivity still exists for mobile fauna, including birds, bats, and insects. Notwithstanding the lower connectivity, the population of Acacia pubescens on Lot 10 (as well as Pt Lot 11) is significant at the local and regional level.

The section of Lot 11 DP1228445 not included in this proposal is already zoned SP2 (Drainage), indicating its primary purpose as the riparian buffer for Maxwells Creek. The SP2 zoning is highly restrictive in terms of development potential and offers ecological protection for this land.

The rezoning of this land will involve the loss of land zoned IN3 – Heavy Industry. That being said, industrial development on the subject sites is not allowed due to the respective restrictions on the Section 88B Instruments. Therefore, there is no loss of developable employment lands resulting from this proposal.

It is expected that further detailed studies will be required as conditions of any gateway determination issued by the Department of Planning and Environment.

Proposed planning controls

The following changes to the Liverpool Local Environmental Plan 2008 are proposed:

Parcel	Current zoning	Proposed zoning
Lot 10 DP1003837	IN3 – Heavy Industry	E2 – Environmental Conservation
Part Lot 11 DP1228445	IN3 – Heavy Industry	E2 – Environmental Conservation

· Necessary amendments to development standards including height of buildings and floor space ratio to facilitate the zone change.

Consultation

This report has been prepared in consultation with Council’s Infrastructure and Environment and Development Assessment departments. Council’s legal advisors have confirmed that rezoning of the sites will not impact the current appeal on 36 Lyn Parade before the Land and Environment Court. If Council resolves to support the rezoning, this may be a matter for the Court’s consideration under s79C of the Environmental Planning and Assessment Act.

Conclusion

The subject sites are of high ecological value, which the current zoning does not reflect. The proposed rezoning will align with the Section 88B Instruments burdening the sites, which prohibit any industrial development on the sites and clearing of vegetation. The proposal is also consistent with the LLEP 2008, Council’s CSP, and the Draft Western City District Plan.

It is recommended that Council provide in-principle support to amend the LLEP to rezone Lot 10 DP1003837 and Part Lot 11 DP1228445 from IN3 – Heavy Industry to E2 – Environmental Conservation and delegate to the CEO to prepare a planning proposal and forward it to the Department of Planning and Environment seeking gateway determination.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	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	There are no social and cultural considerations.
Civic Leadership	Act as an environmental leader in the community.
Legislative	Environmental Planning and Assessment Act 1979

ATTACHMENTS

1. Section 88B Instrument for DP1003837 ⇩

2. Section 88B Instrument for DP1150684

Ordinary Meeting 7 February 2018

Chief Executive Officer Report

CEO 01

2018 Australian Local Government Women's Association NSW Branch Conference

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	010892.2018
Report By	George Georgakis - Manager Council and Executive Services
Approved By	Kiersten Fishburn - Chief Executive Officer

Executive Summary

The Australian Local Government Women’s Association (ALGWA) NSW Branch Annual Conference will be held in Gundagai from Thursday 15 March – Saturday 17 March 2018.

RECOMMENDATION

That Council nominates delegates to attend the Australian Local Government Women’s NSW Conference to be held in Gundagai from 15 to 17 March 2018.

REPORT

The ALGWA (NSW) is the state’s peak representative body for women who are in any way involved or interested in local government.

The ALGWA’s objectives are to:

1. Promote women in Local Government by furthering women’s knowledge and understanding of the function of Local Government.

2. Foster the interests and rights of women in Local Government.

3. Take action in relation to any subject or activity affecting Local Government and Local Government legislation.

4. Act in an advisory capacity to intending women candidates for Local Government election.

5. Arranges conference on matters relating to Local Government.

The theme of the 2018 NSW Conference is ‘Celebrating Rural Women’. The conference will focus on supporting and understanding the constraints that women in Local Government face in rural and remote communities.

The ALGWA conference provides a fantastic opportunity for delegates to exchange ideas, network, debate and engage in cross-council collaboration on issues affecting women in local government.

The Conference Program is attached to this report.

CONSIDERATIONS

Economic	The costs associated with attending the 2018 ALGWA NSW Conference are included in the 2017/18 budget and the costs per delegate are: - Registration: $970 per person; - Accommodation: $250 per night; - Airfare to and from Wagga Wagga (if required): $400; - Meals: Gala dinner on 17 March: $150 per person.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	Raise awareness in the community about the available services and facilities.
Civic Leadership	Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Facilitate the development of community leaders. Provide information about Council’s services, roles and decision making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services.
Legislative	There are no legislative considerations relating to this report.

ATTACHMENTS

1. 2018 ALGWA NSW Conference - Program

107

Ordinary Meeting 7 February 2018

City Community and Culture Report

COM 01

Grants, Donations and Corporate Sponsorship

Strategic Direction	Creating Connection Implement access and equity for all members of the community
File Ref	012673.2018
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Dr Eddie Jackson - Director City Community and Culture

Executive Summary

Council is committed to building strong and resilient communities in the Liverpool Local Government Area (LGA) and to maximising social wellbeing. One way of achieving these goals is to provide financial support in the form of grants, donations, and sponsorships to individuals and groups to develop leadership skills, increase participation in community activities and address identified social issues.

This report presents the funding recommendations for the Corporate Sponsorship (Outgoing) Program and Matching Grants Program for Council’s consideration.

RECOMMENDATION

That Council endorses the funding recommendation for a total amount of $15,000 (GST exclusive) under the Matching Grants Program for the following project:

Applicant	Project	Amount Recommended
Uniting Church in Australia Liverpool	Liverpool Community Kitchen and Hub	$15,000

REPORT

Corporate Sponsorship (Outgoing) Program

The Corporate Sponsorship (Outgoing) Program received an application from the NSW Spanish and Latin American Association for Social Assistance Inc. The application is not recommended for funding as outlined below.

Applicant	NSW Spanish and Latin American Association for Social Assistance Inc.		Location	Casula
Organisation Status	Other Incorporated Entity
Project Name	Afro Latino Festival 2018
Description	Objectives The Festival aims to encourage social cohesion and mutual understanding through the sharing of different cultural experiences including welcome to country, food stalls, arts & crafts market, live music, culturally diverse performances including dance, soccer skills showcase, children's arts workshops, adults drum and dance workshops. Outcomes § Attracting a large number of people from all over Sydney to come into the Liverpool area; § Creating employment opportunities within the Liverpool LGA in the local Arts Centre; § Opportunity to celebrate Liverpool's cultural diversity.
Beneficiaries	§ 3500 attendees (Liverpool proportion unknown)
Amount Requested	$10,000	Amount Recommended			$0
Recommendation	Recommended for decline. Council has committed $20,000 to this event through financial and in-kind contribution by CPAC. This amount exceeds the funding cap of $10,000 under the Corporate Sponsorship Program.

Matching Grants Program

The Matching Grant Program received two applications. One application met the criteria and is recommended for funding as outlined below.

Applicant	Uniting Church in Australia Liverpool	Location	Liverpool
Organisation Status	Other Unincorporated Entity
Project Name	Liverpool Community Kitchen and Hub (LCKH)
Description	Objectives o The aim of the LCKH is to provide redress to social disadvantage through the provision of meals, activities and services at the LCKH. o The LCKH creates a space where there is greater social inclusion and a culture of support, providing access to a case worker and care from associated partner services, as needed. Outcomes o Provides opportunities for Government organisations to run associated programs, creating greater access to services and greater connection with individuals in the community. o Provides opportunities for service providers to work together in providing complementary services through the LCKH, including Mission Australia, Anglicare and St Vincent's De Paul.
Beneficiaries	· 750 socially disadvantaged patrons of the Liverpool and surrounding areas per week.
Amount Requested	$15,000	Amount Recommended	$15,000
Recommendation	Recommended for funding. The project is aligned with outcomes Council aims to achieve through the Community Strategic Plan (Direction 1 - Creating Connections) and meets the community capacity building priorities of the grants program. · The Liverpool Community Kitchen and Hub has become an integral community support mechanism for people currently experiencing homelessness and disadvantage, or at risk of becoming homeless in Liverpool and the surrounding suburbs. Funding this program contributes to Council’s commitment to the principles of social justice and addressing social disadvantage.

Applicant	Carnival of the Bold	Location	Redfern
Organisation Status	Other Unincorporated Entity
Project Name	Citizen Writes South West Sydney
Description	Objectives · Citizen Writes South West Sydney provides opportunities for writers from culturally and linguistically diverse backgrounds to share their stories by providing training and giving them an opportunity to showcase their work and collaborate with professional artists, producers and academics. Outcomes · The Citizen Writes South West Sydney Project highlights work by culturally and linguistically diverse writers, and will demonstrate how creative writing and the power of words can create connection to influence, inspire and effect change. · The workshop will develop their writing skills and make connections with other CALD writers whom they can call upon for support, network and cross-fertilise ideas and potentially collaborate with each other.
Beneficiaries	· 6 Writers
Amount Requested	$10,000	Amount Recommended	$0
Recommendation	Recommended for decline. Applicant is not an incorporated organisation and therefore not eligible to apply under Council’s Matching Grants Program. Further, the applicant has been unable to identify an organisation that could auspice the project.

CONSIDERATIONS

Economic	Corporate Sponsorship (Outgoing) Program A budget allocation of $100,000 was adopted by Council in its 2017/2018 Operational Plan for Council’s Corporate Sponsorship (Outgoing) Program. There is currently $18,656 remaining in the 2017/18 financial year. Matching Grants Program A budget allocation of $200,000 was adopted by Council in its 2017/2018 Operational Plan for Council’s Matching Grants Program. There is currently $155,714 remaining in the budget. Should Council endorse the recommended amount of $15,000, the remaining budget for the 2017/2018 financial year will be $140,714.
Environment	There are no environmental and sustainability considerations.
Social	Support community organisations, groups and volunteers to deliver services.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Local Government Act 1993 - s356.

ATTACHMENTS

1. Corporate Sponsorship (Outgoing) Policy ⇨ (Under separate cover)

2. Grants and Donations Policy ⇨ (Under separate cover)

107

Ordinary Meeting 7 February 2018

City Community and Culture Report

COM 02

Armistice Centenary

Strategic Direction	Creating Connection Celebrate diversity, promote inclusion and recognise heritage
File Ref	018381.2018
Report By	Dany Ngov - Policy and Projects Officer
Approved By	Dr Eddie Jackson - Director City Community and Culture

Executive Summary

The year 2018 will mark a centenary since the signing of an Armistice (commemorated on Armistice Day on the 11^th hour, of the 11^th day of the 11^th month) that ended the Great War in 1918. This was a significant event in Australia’s military history and a pivotal moment for Australian involvement in World War I. This is a time of significance and solemn reflection for many sections of the community.

With Liverpool’s particular involvement in Australia’s military history, it is fitting that those who participated in World War I are appropriately commemorated and honoured, together with those involved subsequently in a century of military and peacekeeping service by Australian personnel.

It was resolved at the 22 November 2017 Council meeting, following a Notice of Motion, that the options to commemorate the Armistice Centenary and associated costs will be presented to Council at a future meeting.

An internal Council working group has been established to develop a suite of programs and events honouring Armistice Day and Liverpool’s military history. The projects will complement those already in development as part of annual programming at the Liverpool Regional Museum. The working group has also identified the need for some specific activities to mark the centenary, including public events, Freedom of Entry parade, poetry competition, projections, street and public domain decorations, and a marketing campaign promoting the activities occurring and Liverpool’s military history.

RECOMMENDATION

That Council:

1. Endorses the list of proposed activities that will commemorate the Armistice Centenary;

2. Approves the allocation of a $300,000 budget from Council Reserves towards the associated cost of resources to deliver the activities;

3. Write to the Head of Corps, Royal Australian Engineers, requesting that the Royal Australian Engineers exercise their Freedom of Entry to the City of Liverpool in celebration of the Centenary of Armistice; and

4. Write to the Director of the Australian War Memorial requesting that the war medals (including the Victoria Cross) of John Edmondson be placed on display with letters or other objects that can be associated with Edmondson and the impact of the war on the community, in the Liverpool City Library (or other suitable location).

REPORT

Council has been and continues to contribute both directly and indirectly to commemorations of our war fallen arising from various overseas conflicts and peacekeeping missions this country, and more specifically Liverpool, has contributed to.

An internal Council working group has been established, comprised of local heritage groups and RSLs, to develop a suite of programs and events honouring Armistice Day and Liverpool’s military history. The working group has identified the need for specific activities to mark this centenary. The suite of programs proposed to commemorate Armistice, including the timeframe for delivery and associated costs, are outlined below:

Timeframe	Activity	Approximate Cost
August	Poetry competition: In two separate categories, local primary and secondary school students will be invited to write a poem which focuses on the themes of Armistice and peace.	$3,000
September (Timing dependent on availability of the Defence Force)	Freedom of Entry parade: A Freedom of Entry parade will be coordinated with representatives from the Corps of the Royal Australian Engineers and the NSW Police and would conclude with a reception at Casula Powerhouse Arts Centre. The parade re-enacts the Freedom of Entry granted on 5 September 1959 by resolution of the Mayor and Alderman, to the Officers, Warrant Officers, Non-Commissioned Officers and men of the Corps of Royal Australian Engineers in recognition of the long and happy association between the community of Liverpool and the Corps. A new scroll will be designed and created to be presented at the parade to reconfirm the rights of Freedom of Entry to the Royal Australian Engineers, in recognition of almost 60 years since first granting Freedom of Entry.	$30,000
October	Banners and flags: For display in the lead up to and at events with images/designs reminiscent of WW1 and Armistice Day.	$20,000
	Marketing campaign: Promoting the activities occurring and Liverpool’s military history.	$5,000
	Play the Part: In the lead-up to Armistice, dress up Moore Street and Macquarie Street and Mall in 1918/1919 style.	$20,000
November	Armistice Commemorative Service: In conjunction with the RSL, a major commemoration would be held at the Liverpool Regional Memorial on 11 November 2018.	$20,000
	Armistice in Liverpool community event: A community event will be held in Bigge Park. This would commemorate the day that Liverpool celebrated the end of the war.	$50,000
	Armistice Digital Placemaking Project: Coordinated audio visual projections of war time images reminiscent of WW1 including Armistice Day celebrations, would be displayed across a number of key sites in Liverpool in the lead-up to Armistice Day.	$100,000
	John Edmondson Medals and Victoria Cross: In recognition of all those who served from Liverpool in the First World War and all conflicts since, it is proposed to request the medals (including the Victoria Cross) of John Edmondson be placed on display with letters or other objects that can be associated with Edmondson and the impact of the war on the community, at the Liverpool City Library (or other suitable location).	$0
	Regional Memorial Plaque	$2,000
	Church Bells: Council would coordinate with the numerous churches in Liverpool which have bells to arrange for the bells to be run in recognition of the signing of Armistice (11^th hour of the 11^th day of the 11^th month).	$0
Project management	Temporary contract position: This position will deliver the program of activities. To be either managed internally or outsourced.	$50,000
	Total	$300,000

External funding

Council staff have submitted an Expression of Interest to the Department of Veteran Affairs, through its Armistice Centenary Grants Program (ACGP), for a proportion of an Armistice Digital Placemaking Project ($50,000). At this time, it is not known if Council will progress to the next stage to submit a full application for this grants program. If an application is submitted, it is expected that the outcome could take as long as 19 weeks from the 28 February 2018 closing date.

Project management

It is envisaged that this project will be managed by a temporary contract position to deliver the program of activities in collaboration with appropriate Council staff and community partners. This position will be responsible for administering all funds (from grants and Council) and managing the delivery of the program of activities.

An Armistice Centenary Working Group (or similar) will be established, comprising relevant Council staff and community partners, to oversee the delivery of program activities and ensure accountability of key project deliverables and expenditure.

Based on event management experience, it is recommended that $300,000 be approved from Council Reserves to assist in the delivery of the proposed activities.

CONSIDERATIONS

Economic	A budget allocation of $300,000 is requested from Council Reserves towards the associated cost of resources to deliver the activities.
Environment	There are no environmental and sustainability considerations.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.

ATTACHMENTS

Nil

111

Ordinary Meeting 7 February 2018

City Corporate Report

CORP 01

Use of Council Crest by non-Council Entities

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	002318.2018
Report By	Chris White - Director City Corporate
Approved By	Chris White - Director City Corporate

Executive Summary

It has recently come to the attention of staff that Council has, in the past, provided permission to various external entities to use the Crest of Liverpool City (“crest”) on letterhead in correspondence, as well as on uniforms, in team/group logos, and the like.

The resolutions authorising this usage date back some decades, and has been the cause of some confusion, with recent efforts to apply for trademark protection for both Council’s crest and logo.

This report seeks clarification from the Council on what, if any, ongoing use may be made by external bodies of Council’s crest. The report also recommends that Council’s logo be retained for use only in official Council-approved correspondence and activities.

RECOMMENDATION

That Council:

1. Determine what, if any, use of the Crest of Liverpool City may be allowed by third party entities that fall outside of the control of Liverpool City Council; and

2. Confirm that, subject to any specific approval to the contrary, no use of part or all of Council’s logo by third parties outside of Council’s control is to be permitted.

REPORT

Following recent correspondence and meetings with The City of Liverpool & District Historical Society Inc. (LDHS), an issue has arisen with the use of Council’s crest by LDHS, and potentially other bodies external to Council.

History of the Crest:

The Crest of Liverpool City (“crest”) was established when Liverpool Council was officially proclaimed on 27 June 1872.

The crest contains the words “Nisi dominus frustra”, which is a contraction of the first line of Psalm 127, “Unless the Lord builds the house, those who build it labour in vain,” or “Unless God be with us all will be in vain”. It is also the motto of Chelsea Football club and Edinburgh City Council in Scotland.

Local Government within NSW has its origins tracing back to 1867 with the gazettal of the Municipalities Act of 1867. The Municipalities Act enabled members of a community to come together and to vote on petitioning the State Parliament to form a local municipality.

A key requirement to form a local municipality was the creation of a crest, which was the formal seal of the Council. The seal could only be used by the Mayor and Town Clerk to formally sign off on official documentation and Council business.

This basic requirement was continued in the Local Government Act 1919, which repealed the earlier Municipalities Act of 1867 and updated the legislation in response to Federation and the changing political landscape.

Until the more recent establishment of logos in local government, a crest was the only formal symbol of a council.

Non-Council Use of the Crest:

Some months ago, concerns were raised with Council advising that LDHS were using Council’s crest on their letterhead and official correspondence. This led to concerns that the LDHS were representing themselves as an official Council entity, when in fact they are a separate Incorporated Association outside of Council’s control.

In response, Council’s Governance and Legal team took steps to apply for trademark protection for the Crest, resulting in a filing for trademark protection being made with IP Australia on 23 October 2017.

Searches were also made of Council’s records for resolutions concerning the use of the crest. The only relevant resolution over the past 10 years that was found was a resolution adopted by Council on 15 December 2008 (GMRR 06), as follows:

“That the Crest of Liverpool City continues to be used in its official capacity; that it specifically be used on:

· Civic Receptions

· Plaques

· Honour Boards”

This was interpreted by Governance and Legal staff at the time as a direction that third parties be prevented from using the crest, and led to staff requesting that use of the crest by LDHS cease.

Subsequently, evidence of a Council resolution dating back to 1971 that authorised LDHS to use the crest on their badge was uncovered. A copy of this resolution is included as Attachment 1 to this report. It is noted that the resolution is limited to the badge of LDHS, and does not authorise use beyond the badge.

In recent discussions with the LDHS, it has been suggested that similar approval may have been granted to other organisations, and possibly also some sporting teams (who may be using the crest as part of their team logo). Follow-up searches by staff have revealed a number of other apparent approvals concerning third-party use of the crest, including use by the Liverpool Lioness Club on a publication, use by the Liverpool Youth Basketball League on their uniforms, use by the Liverpool Patchworkers and Quilters on quilts, use by Liverpool Venturers (presumably as part of their uniform), and use by public schools in the Liverpool area (again, presumably as part of their uniform or colours). This list may not be exhaustive, given the long history of Council records, most of which are not available for electronic searching.

It is also noted that on 11 October 2017, Council received representations from Mr Paul Lynch MP, supporting LDHS and advocating for an extension of their ability to use of the crest on correspondence and in other forums.

In consideration of the above, staff seek guidance from the Council on how to deal with the question of usage of the crest in the future by non-Council-controlled entities such as LDHS, in particular on correspondence or letterheads.

Logo vs Crest:

Use of the crest must, in the view of staff, be separated from use of Council’s corporate logo in any of its forms. To this end, and regardless of what decision Council take concerning use of the crest, it is strongly suggested that Council reinforce that use of Council’s logo, in any form, is to be restricted to Council business as determined by the CEO. Staff note that, as with the crest, steps have also been taken to secure trademark protection for Council’s logo, in all its forms.

A significant investment into revising Council’s logo was made by Council in late 2014. The logo is used on all sorts of official Council correspondence, including legal correspondence, penalty notices and orders, as well as approvals. It is also used on Council uniforms to identify staff, and in countless other official uses. For this reason, and to preserve and protect Council’s identity and branding, it is considered appropriate to distinguish the logo from the crest, and apply a greater deal of control to the operational use of the logo.

A copy of Council’s crest is included as Attachment 2 to this report, and the current logo of Council (in its various forms) is included as Attachment 3 to this report.

Options:

Staff suggest three possible options to address the issue of non-Council use of the crest. These options broadly include:

1. Allowing use of the crest by previously-approved entities, under certain conditions; or

2. Revoking past approvals, but allowing further/future resolutions for non-Council use of the crest; or

3. Denying non-Council use of the crest altogether.

A number of issues arise out of these potential options that require consideration.

Legal View – Use of the Crest Restricted:

Firstly, there is some debate amongst Council’s legal advisors to the effect that use of the crest may be restricted by the Local Government (General) Regulation 2005 (“regulations”), in that the crest is effectively a visual representation of Council’s Common Seal.

The Common Seal of Council (“seal”) is a stamp consisting of the crest of Council contained within a round border. The seal is an important legal instrument under the regulations, and clause 400(4) of the regulations restricts use of the seal to official Council documents addressing the business of Council, and subject to a resolution of Council:

(4) The seal of a council must not be affixed to a document unless the document relates to the business of the council and the council has resolved (by resolution specifically referring to the document) that the seal be so affixed.

If Council accepts the view that the crest and the seal are synonymous, then the use of the crest by non-Council entities for non-Council business would be prohibited.

Staff note that there are varying views on this point. Whilst advice has been received to this effect, an alternative view has also been advanced that distinguishes between the crest and the seal. That said, there are no specific provisions in the Local Government Act 1993 (“act”) or the regulations addressing use of a “crest”, apart from a seal of the Council. There are also no provisions dictating that a Council must have a crest, nor that a crest must form part of the seal. The matter is therefore unclear, and there is no precedent to assist in forming a definitive view on the matter.

Having said this, and were Council minded to take a risk management approach to the issue, this advice may assist Council in forming a view on the matter.

Governance Concerns – Use of the Crest:

Further concerns have been raised from a governance perspective to the effect that non-Council use of the crest may result in possible issues related to the content of crest-bearing correspondence that may be inconsistent with Council’s policies, expected communication standards, or conduct standards.

For example, and were a non-Council-controlled entity to prepare crest-bearing correspondence that supported views that were inconsistent with Council policy or resolutions, and/or that contained materials that may otherwise breach Council’s Code of Conduct, this could result in confusion, or in extreme circumstances, may even result in Council being brought into disrepute.

This of course assumes that the crest is a symbol associated predominantly with the Council, and that there is a public understanding of the stewardship of the crest by Council on behalf of the ratepayers of the City. Staff accept that not all persons may subscribe to this view.

That said, and were Council minded to allow ongoing non-Council use of the crest by certain external entities, Council may wish to impose some conduct-based expectations on these communications. For example, Council may desire to require any non-Council use of the crest to conform to Council’s expected standards contained within its Code of Conduct, and to allow the CEO to review any alleged misuse of the crest against the expected standards of the Code. If accepted, this may provide some degree of accountability for the ongoing use of the crest in a manner acceptable to the Council.

Option 1 – Allow Continuing Use of Crest to Approved Entities:

The first option anticipates allowing LDHS, and any other body who has been provided with prior approval (by resolution of Council) to use the crest, to go on using the crest in the event they can supply evidence of an historical decision by Council to allow usage of the crest for the purposes sought.

All other usage of the crest would be denied (subject to possible future resolutions allowing use).

Should option 1 be accepted, a resolution in the following form is recommended:

That Council:

1. Deny any non-Council-controlled entity permission to use the Crest of Liverpool City (Crest) for any purpose, except in cases where:

a. Liverpool City Council has previously resolved to allow the entity to use the Crest; and

b. The entity in question can provide sufficient evidence of the resolution to the CEO to demonstrate the prior approval by Council of the use of the Crest for the purpose sought.

2. Require any non-Council use of the Crest to conform to the standards contained in Council’s then-current Code of Conduct.

3. Delegate authority to the CEO to collectively review any complaint concerning an alleged future misuse of the crest against the standards contained within Council’s Code of Conduct, and if such conduct is deemed inappropriate by the CEO, to deny future use of the crest by the entity concerned.

4. Confirm that, subject to any specific approval to the contrary, no use of part or all of Council’s logo by third parties outside of Council’s control is to be permitted.

Option 2 – Allow Future Use by New Resolution Only:

The second option anticipates denying any non-Council-controlled entity permission to use the crest, unless they receive approval via a fresh resolution of Council. Such approval may be debated via a Notice of Motion or staff report, following a request from a third party organisation.

Should option 2 be accepted, a resolution in the following form is recommended:

That Council:

1. Revoke all prior approvals to non-Council-controlled entities to use the Crest of Liverpool City for any purpose.

2. Deny any non-Council-controlled entity future permission to use the Crest of Liverpool City for any purpose, except in cases where a specific resolution authorising use is carried by the Council.

3. Require any future approved non-Council use of the Crest to conform to the standards contained in Council’s then-current Code of Conduct.

4. Delegate authority to the CEO to collectively review any complaint concerning an alleged future misuse of the crest against the standards contained within Council’s Code of Conduct, and if such conduct is deemed inappropriate by the CEO, to deny future use of the crest by the entity concerned.

5. Confirm that, subject to any specific approval to the contrary, no use of part or all of Council’s logo by third parties outside of Council’s control is to be permitted.

Option 3 – Deny All Non-Council Use of the Crest:

The final option is to direct staff to deny all non-Council-controlled entities the right to use the crest for any purpose, now and into the future, until and unless Council directs otherwise.

It must be noted that, subject to the requirements of the Local Government Act 1993 and associated regulations (as well as the Code of Meeting Practice), such a resolution would remain subject to reconsideration by Council in the future if desired. However, in the absence of rescission or an alternative resolution (after 3 months) being passed, such a resolution would clearly direct staff to tolerate no non-Council use of the crest, and to refuse any requests to use the crest for non-Council business.

Should option 3 be accepted, a resolution in the following form is recommended:

That Council:

1. Revoke all prior approvals to non-Council-controlled entities to use the Crest of Liverpool City for any purpose.

2. Deny any non-Council-controlled entity future permission to use the Crest of Liverpool City for any purpose.

3. Confirm that, subject to any specific approval to the contrary, no use of part or all of Council’s logo by third parties outside of Council’s control is to be permitted.

Recommendation:

Given this issue relates largely to the image of Council and public perception, staff offer no specific recommendation between the options, except to reiterate that:

1. Any use of the crest by an external body, if approved by Council, should be subject to a degree of accountability as to the nature of communications and/or purposes to which it is being used; and

2. Any use of Council’s logo, in any of its forms, should remain restricted (to the greatest degree possible) to Council business, as determined by the CEO.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Support community organisations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination.
Civic Leadership	Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government Act 1993 Local Government (General) Regulation 2005

ATTACHMENTS

1. Council resolution authorising LDHS use of the crest on their badge - 1971 ⇩

2. Crest of Liverpool City ⇩

3. Logo of Liverpool City Council

123

Ordinary Meeting 7 February 2018

City Corporate Report

CORP 02

Investment Report November 2017

Strategic Direction	Leading through Collaboration Seek efficient and innovative methods to manage our resources
File Ref	011290.2018
Report By	John Singh - Revenue Accountant
Approved By	Vishwa Nadan - Manager Finance

Executive Summary

This report details Council’s Investment portfolio.

At 30 November 2017, Council held investments with a market value of $217.6 million.

The portfolio yield to the end of November 2017 is 111 basis points above the AusBond Bank Bill index.

	AusBond Bank Bill Index (BBI)
Benchmark	1.75%
Portfolio yield	2.86%
Performance above benchmarks	1.11%

Return on investment for the 5 months ended to November 2017 was $416k higher than budget.

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.

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 2017, Council held investments with a market value of $217.6 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:

At 30 November 2017, the ratio of market value compared to face value of various debt securities is shown in the table below.

Asset Class	Nov-17	Jun-17
Senior Debts (FRN's & TCD's)	100.73%	100.85%
MBS (Reverse Mortgage Backed Securities)	59.53%	60.13%
T-Corp Unit Trusts	101.29%	100.39%

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

Portfolio Maturity Profile

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

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

Overall Portfolio Credit Framework compliance to Investment Policy

Portfolio Performance against relevant market benchmark.

Council’s Investment Policy prescribes AusBond Bank Bill Index (ABBI) as a benchmark to measure return on cash and fixed interest securities. The ABBI represents average daily yield of a parcel of bank bills. Historically there has been a positive correlation between changes in the cash rate and the resulting impact on the ABBI benchmark.

The portfolio yield to 30 November 2017 exceeded the AusBond Bank Bill index by 111 basis points (2.86% against 1.75 %).

Council continues to achieve a solid outcome despite ongoing margin contraction and significantly lower market term deposit yields. Comparative yields for the previous months are charted below:

Performance of Portfolio Returns against Budget

Council’s investment income for 5 months ended to November 2017 exceeded budget by $416k mainly due to higher actual monthly average portfolio holdings compared to budgeted monthly average portfolio holdings for the period.

Investment Portfolio at a Glance

Portfolio Performance

The portfolio yield to 30 November 2017 exceeded the AusBond Bank Bill index by 111 basis points (2.86% against 1.75%)

Annual Income vs. Budget

Council’s investment interest income exceeded budget by $416k as at 30 November 2017 mainly due to higher actual monthly average portfolio holdings compared to budgeted monthly average portfolio holdings.

Investment Policy Compliance

Legislative Requirements		Fully Compliant.
Portfolio Credit Rating Limit		Fully Compliant.
Institutional Exposure Limits	X	Investments in Police Credit Union (SA) is slightly higher than the policy limit - $2m maturing in August 2018 will be recalled.
Overall Portfolio Credit Limits		Fully Compliant.
Term to Maturity Limits		Fully Compliant.

Economic Outlook – Reserve Bank of Australia

The Reserve Bank has left the official cash rate on hold at 1.5 per cent in its 7 November 2017 meeting. The current 1.5 per cent cash rate is at a historically low level and impacts returns on investment.

Certificate of Responsible Accounting Officer

The Manager Financial Services, 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.

Independent verification by Head of Audit, Risk and Improvement (HARI)

Council requested an independent review of its investment portfolio by Audit Risk and Improvement Committee (ARIC) or its representative under delegated authority. At its meeting on 9th February 2018 ARIC will be considering a recommendation to delegate authority to HARI to conduct quarterly review of Council’s investment portfolio. At this stage, it is anticipated that ARIC will endorse the above recommendation and HARI will complete his review by mid-February 2018. The January 2018 investment report to Council accordingly will include a certificate to that effect.

CONSIDERATIONS

Economic	Council’s investment interest income exceeded budget by $416k as at 30 November 2017 mainly due to higher actual monthly average portfolio holdings compared to budgeted monthly average portfolio holdings.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Council is fully compliant with the requirements of the Local Government Act 1993 – Investment Order (authorised investments) and with reporting requirements under Clause 212 of the Local Government (General) Regulation 2005.

ATTACHMENTS

1. Investment Portfolio - November 2017 ⇩

139

Ordinary Meeting 7 February 2018

City Corporate Report

CORP 03

Investment Report December 2017

Strategic Direction	Leading through Collaboration Seek efficient and innovative methods to manage our resources
File Ref	011405.2018
Report By	John Singh - Revenue Accountant
Approved By	Vishwa Nadan - Manager Finance

Executive Summary

This report details Council’s Investment portfolio.

At 31 December 2017, Council held investments with a market value of $221 million.

The portfolio yield to the end of December 2017 is 109 basis points above the AusBond Bank Bill index.

	AusBond Bank Bill Index (BBI)
Benchmark	1.75%
Portfolio yield	2.84%
Performance above benchmarks	1.09%

Return on investment for the 6 months ended to December 2017 was $550k higher than budget.

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.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Council’s Portfolio

At 31 December 2017, Council held investments with a market value of $221 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:

At 31 December 2017, the ratio of market value compared to face value of various debt securities is shown in the table below.

Asset Class	Dec-17	Jun-17
Senior Debts (FRN's & TCD's)	100.72%	100.85%
MBS (Reverse Mortgage Backed Securities)	59.53%	60.13%
T-Corp Unit Trusts	101.43%	100.39%

Portfolio Maturity Profile

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

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

Overall Portfolio Credit Framework compliance to Investment Policy

Portfolio Performance against relevant market benchmark.

The portfolio yield to 31 December 2017 exceeded the AusBond Bank Bill index by 109 basis points (2.84% against 1.75 %).

Council continues to achieve a solid outcome despite ongoing margin contraction and significantly lower market term deposit yields. Comparative yields for the previous months are charted below:

Performance of Portfolio Returns against Budget

Council’s investment income for the 6 months to December 2017 exceeded budget by $550k mainly due to higher actual monthly average portfolio holdings compared to budgeted monthly average portfolio holdings for the period.

Investment Portfolio at a Glance

Portfolio Performance

The portfolio yield to 31 December 2017 exceeded the AusBond Bank Bill index by 109 basis points (2.84% against 1.75%)

Annual Income vs. Budget

Council’s investment interest income exceeded budget by $550k as at 31 December 2017 mainly due to higher actual monthly average portfolio holdings compared to budgeted monthly average portfolio holdings.

Investment Policy Compliance

Legislative Requirements		Fully Compliant.
Portfolio Credit Rating Limit		Fully Compliant.
Institutional Exposure Limits	X	Investments in Police Credit Union (SA) is slightly higher than the policy limit - $2m maturing in August 2018 will be recalled.
Overall Portfolio Credit Limits		Fully Compliant.
Term to Maturity Limits		Fully Compliant.

Economic Outlook – Reserve Bank of Australia

The Reserve Bank has left the official cash rate on hold at 1.5 per cent in its 5 December 2017 meeting. The current 1.5 per cent cash rate is at a historically low level and impacts returns on investment

Certificate of Responsible Accounting Officer

Independent verification by Head of Audit, Risk and Improvement (HARI)

CONSIDERATIONS

Economic	Council’s investment interest income exceeded budget by $550k as at 31 December 2017 mainly due to higher actual monthly average portfolio holdings compared to budgeted monthly average portfolio holdings.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Council is fully compliant with the requirements of the Local Government Act 1993 – Investment Order (authorised investments) and with reporting requirements under Clause 212 of the Local Government (General) Regulation 2005.

ATTACHMENTS

1. Investment Portfolio - December 2017 ⇩

191

Ordinary Meeting 7 February 2018

Notices of Motion

NOM 01

Australian National Audit Office (ANAO) Intermodal Audit

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

024408.2018

Author

Charishma Kaliyanda - Councillor

Background

In the days before Christmas, the Australian National Audit Office (ANAO) released its report detailing the findings of their audit of Moorebank Intermodal Company (MIC). The audit’s objective was to assess whether the contractual arrangements for the delivery of the Intermodal “will provide value for money” and achieve its stated policy objectives.

The audit found that due diligence on ensuring costs are minimised on the Moorebank Intermodal project was not being performed. It revealed breaches of protocol and compromise of oversight.

Amongst the audit’s findings, outlined in the ANAO’s report, were that:

· The procurement process was not sufficiently competitive

· There were shortcomings in the management of probity

As a direct result of these concerns, the ANAO has just announced a second audit into the MIC. This time to assess MIC’s “achievement of value for money and management of probity in its operations and procurement activities”. The second audit will specifically look to determine if conflicts of interest have been appropriately managed and if the use of credit cards and reimbursement of staff expenses have been effectively controlled.

As Councillors we are acutely aware of the duty and obligation to manage conflicts of interest and ensure public funds are managed appropriately at all times. Regardless of the tier of government, amount of funds or their intended purpose it is important value for money is sought and probity is properly managed.

Transparency, especially in relation to a development that will have significant impact on the local community, environment and infrastructure, is of the utmost importance. As advocates for our community, Council must continue to ensure that our residents are informed and aware of the development’s impacts and the processes that are being used.

NOTICE OF MOTION

That Council publicly supports the Australian National Audit Office’s second audit into Moorebank Intermodal Company.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	There are no social and cultural considerations.
Civic Leadership	Act as an environmental leader in the community. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	There are no legislative considerations relating to this report.

ATTACHMENTS

Nil

147
CTTE 01	Minutes of the Heritage Advisory Committee meeting of 27 November 2017
Attachment 1	Minutes of the Liverpool Heritage Advisory Committee - 27 November 2017.

95
EGROW 05	Proposed rezoning of certain lands in Prestons for Environmental Conservation
Attachment 2	Section 88B Instrument for DP1150684

121
CORP 01	Use of Council Crest by non-Council Entities
Attachment 3	Logo of Liverpool City Council

149
CTTE 02	Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 7 December 2017
Attachment 1	Lifeline Saving Lives - Crisis Support and Suicide Prevention