COUNCIL AGENDA

 

Ordinary Council Meeting

27 February 2019

 

FRANCIS GREENWAY CENTRE

170 GEORGE STREET LIVERPOOL


 

 

 

 

 

 

 

 

 

 

 

 

You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 27 February 2019 commencing at 6.00pm. Doors to the Francis Greenway Centre will open at 5.50pm.

 

Liverpool City Council Meetings are taped for the purposes of minute taking and record keeping.  If you have any enquiries please contact Council and Executive Services on 8711 7584.

 

 

 

 


Kiersten Fishburn

CHIEF EXECUTIVE OFFICER

 

 

 


 

 

 


Order of Business

 

                                                                                                              PAGE     TAB

Opening

Acknowledgment of Country and Prayer

National Anthem

Apologies 

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 06 February 2019.............................................................. 8

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    Adoption of Liverpool Heritage Strategy 2019-2023...................................... 64......... 1

EGROW 02    Works in Kind and Planning Agreement Policy review.................................. 69......... 2

EGROW 03    Flag and Banner Policy................................................................................... 73......... 3

EGROW 04    Amendment to Part 1 Liverpool Development Control Plan 2008 - New Chapter 24 Air Quality..................................................................................................... 104......... 4

EGROW 05    Liverpool Development Control Plan 2008 (Amendment 31) - Boarding House Development................................................................................................. 112......... 5

EGROW 06    Proposed Amendment to Liverpool Local Environmental Plan 2008 - Rezoning of land at 4-8 Hoxton Park Road, Liverpool..................................................... 137......... 6

EGROW 07    Post exhibition report Liverpool Local Environmental Plan 2008 - Draft Amendment 54 (Reclassification of Community Land and rezoning of Part Lot 10 DP 1162812) Hammondville Park, Hammondville............................................................. 145......... 7

EGROW 08    Responses to Advocacy, Liverpool's Time is Now....................................... 156......... 8

Chief Executive Officer Report

CEO 01           Biannual Progress Report July – December 2018....................................... 189......... 9

City Community and Culture Report

COM 01          Grants, Donations and Corporate Sponsorship........................................... 191....... 10

COM 02          Access to Facilities in Hot Weather and Measures to Cool the City............ 198....... 11

City Corporate Report

CORP 01        Delegations Register - Delegation to CEO................................................... 203....... 12

CORP 02        Budget Review - December 2018................................................................ 210....... 13

CORP 03        Investment Report January 2019................................................................. 239....... 14

CORP 04        Legal Services Policy.................................................................................... 250....... 15

CORP 05        Zero Based Budget....................................................................................... 271....... 16

City Presentation Report

PRES 01         Replacement of bins in Macquarie Mall....................................................... 274....... 17

City  Infrastructure and Environment Report

NIL

Committee Reports

CTTE 01         Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee Meeting ........................................................................................................ 278....... 18

CTTE 02         Minutes of the Civic Advisory Committee Meeting held 1 February 2019... 283....... 19

Questions with Notice

QWN 01          Question with Notice - Clr Kaliyanda - Single Use Plastics Reduction ....... 321....... 20

QWN 02          Question with Notice - Clr Hagarty - Small Streets...................................... 323....... 21  

Presentations by Councillors

 

Notices of Motion

NOM 01          Personnel Matters – Council In Closed Session.......................................... 324....... 22

NOM 02          Clean Air For Liverpool................................................................................. 325....... 23

NOM 03          Liverpool's Coptic Community - St George & Prince Theodore Coptic Orthodox Church........................................................................................................... 327....... 24

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    BMX Track Powell Park - unauthorised importation of contaminated waste

Reason:     Item CONF 01 is confidential pursuant to the provisions of s10A(2)(e) (g) of the Local Government Act because it contains information that would, if disclosed, prejudice the maintenance of law; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 


 

CONF 02    Review of Four Day Week for Outdoor Staff

Reason:     Item CONF 02 is confidential pursuant to the provisions of s10A(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).

 

CONF 03    Closing and Transfer of a Temporary Road that is part of the Bernera Road/Croatia Avenue extension at Edmondson Park.

Reason:     Item CONF 03 is confidential pursuant to the provisions of s10A(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 04    Carl Wulff

Reason:     Item CONF 04 is confidential pursuant to the provisions of s10A(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).  

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13

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 6 February 2019

 

 

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

Ms Tina Sangiuliano, Acting Director City Community and Culture

Dr Eddie Jackson, Director City Deal

Mr Peter Patterson, Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

 

 

The meeting commenced at 6.01pm.

 

 

OPENING                                                 6.01pm

 

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

PRAYER OF COUNCIL AND                  Bruce Hammonds from Liverpool Presbyterian

AFFIRMATION TO BE READ BY           Church

 

NATIONAL ANTHEM                              The National Anthem, recorded and performed by Rebecca Ferro was played at the meeting.

APOLOGIES                                            Nil             

CONDOLENCES                                    

 

Ms Cath Penning (read by Mayor Waller)

 

Catherine Margaret Penning, aged 83, passed away on 23 January 2019 after a long illness.

Cath was a member of the Liverpool Netball Association (LNA) for 40 years, serving in various secretarial positions in its executive before becoming President from 1998 to 2018. Cath was also LNA’s Representative Manageress for the association’s junior representative teams from 1983 to 1990.

 

Her major contributions to LNA include helping the association acquire its building in Collimore Park and campaigning for the grounds at Woodward Park to be allocated to netball.

 

In 1991, Cath became the first woman to receive the Leo Sullivan Sports Award and she also won the Liverpool City Heritage Award in the same year. In 1998, she received the Ann Clark Service Award and in 2000, she was an Australian Sports Medal Recipient.

 

LNA remembers Cath as an integral force in its executive committee and will also miss her deeply as a dear friend of more than 40 years.

 

On behalf of all at Liverpool City Council, I express my deepest condolences to Cath Penning’s family and friends at this difficult time. I am sure that Cath’s enthusiasm for sport and her tireless community spirit will live on in all those who had the pleasure of knowing her.

 

May she rest in peace.

 


 

Mr Timothy Proctor (read by Mayor Waller)

 

Timothy Proctor passed away in Liverpool Hospital on 3 February 2019 after a motor vehicle accident in Lucas Heights on 31 January 2019.

 

He was 29 years old and worked as a Probationary Constable at the Liverpool Police Area Command. He graduated from the NSW Police Force Academy on 27 April 2018 and his first shift was on 30 April 2018.

 

Timothy joined the Police Force after volunteering as a fire-fighter. He had a great passion and commitment for all emergency services and the community.

The Liverpool Police Area Command remember Timothy as enthusiastic, diligent, and hardworking.

 

NSW Police Commissioner Mick Fuller said that Timothy was on his way to a wonderful policing career and was well respected by his colleagues and everyone who knew him.

 

On behalf of all at Liverpool City Council, I express my deepest condolences to Timothy Proctor’s family, in particular his wife Dianne, and friends at this difficult time.

 

May he rest in peace.

 

 

 


 

Mr Thomas Alfred Jones JP (read by Mayor Waller)

 

Thomas Alfred Jones, aged 88, passed away on the 20 December 2018.

 

Tom served as President of the John Edmondson VC Memorial Club, Club Liverpool from 2008 until the time of his death. He was also Deputy President from 2006 to 2007 and a Club Director from 2001 to 2005. Tom sat on many of the Club’s sub-committees including indoor sports, outdoor bowls, snooker and entertainment.

 

As President of John Edmondson VC Memorial Club, Club Liverpool, Tom contributed to fundraising for many charitable events and causes over the years. 

 

Tom enjoyed giving back to the community, attending annual ClubGrants events and Scholarship presentations at Hurlstone, John Edmondson and Holsworthy High Schools.

Tom had been a member of the Club since 1967 and was also an active member of the City of Liverpool RSL sub-Branch since 1987, attending meetings, events and memorial services for Anzac and Remembrance Day both in his capacity as Club President and a sub-Branch member.

Tom was described as a private man who was very caring and concerned for the Liverpool Area. He will be dearly missed by the local community.

 

On behalf of all at Liverpool City Council, I express my deepest condolences to Tom’s family and friends.

 

May he rest in peace.


 

Mrs Joy Goddard (read by Mayor Waller)

 

Joy Goddard passed away in Liverpool Hospital on 23 January 2019 after a long illness.

 

Joy first joined the Lioness Club of Green Valley on 28 July 1991 after being sponsored by then Lioness Yvonne Ross. The following year, she transferred to the Lions Club of Green Valley with fellow Lionesses.

 

She served as President of the club from 2000-2001 and remained on the Board until the club’s closure in 2006. It was during this time that Joy met her husband Ollie Lassen.

 

After the Lions Club of Green Valley closed, she joined the Lions Club of Liverpool where she became a Vice President and occupied various positions on its Board. She worked tirelessly for the club and was frequently recognised by its Presidents.

 

In 2017, Joy became President of the Lions Club of Liverpool and is remembered for never missing a function or meeting. She also sponsored her daughter, Katrina, to join the club, becoming the first mother-daughter duo in the club’s 60 year history.

 

On behalf of all at Liverpool City Council, I humbly express my deepest condolences to Joy’s husband, family and friends at this difficult time. I am sure that Joy’s community spirit will live on in all those whom had the pleasure of knowing her.

 

May she rest in peace.

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council writes to the families of Ms Cath Panning, Mr Timothy Proctor, Mr Thomas Alfred Jones and Mrs Joy Goddard expressing our condolences for their loss.

 

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

 

Council then observed one minute silence.

 

 

 

 

 

 


 

Confirmation of Minutes

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Rhodes

 

That the minutes of the Ordinary Meeting held on 12 December 2018 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 item:

 

CONF 03:       Tourism and CBD Committee - Community Representative

Reason:         One of the individuals named in the report works for an organisation who advertises in “Your Liverpool” which is a publication that Clr Rhodes produces.

 

Clr Rhodes declared a non-pecuniary but significant interest in the following item:

 

CONF 04:       WSROC Contract- WR03-12/13- Road Rehabilitation and Asphalt Services - Contract Extension Request

Reason:         Clr Rhodes is the Treasurer of WSROC.

 

Clr Rhodes left the Chambers for the duration of the above two items. 

 

 

Public Forum

 

Presentation – items not on agenda    

 

Nil

 

Representation – items on agenda

 

  1. Dr John Crozier addressed Council on the following item:

 

NOM 01        Green Valley Hotel. 

 

Motion:                      Moved: Clr Hadchiti             Seconded: Clr Ayyad

 

That a three minute extension of time be given to Dr Crozier.

 

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

 

 

 

Motion:                      Moved: Clr Kaliyanda Seconded: Clr Hadid

 

That a further three minute extension of time be given to Dr Crozier.

 

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

 

  1. Ms Criss Moore addressed Council on the following item:

 

NOM 01        Green Valley Hotel. 

 

Motion:                      Moved: Clr Harle                  Seconded: Clr Shelton

 

That a three minute extension of time be given to Ms Moore.

 

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

 

Motion:                      Moved: Clr Harle                  Seconded: Clr Hagarty

 

That a further three minute extension of time be given to Ms Moore.

 

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

 

  1. Mr Michael Andjelkovic addressed Council on the following item:

 

NOM 04        NSW State Government & Federal Government Announcements – Edmondson Park Train Station Car Parking & Lurnea Community Hub.

 

Clr Hadid left the Chambers at 6.34pm.

 

Clr Hadid returned to the Chambers at 6.37pm.

 

Motion:                      Moved: Clr Shelton   Seconded:  Clr Harle

 

That a three minute extension of time be given to Mr Andjelkovic.

 

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


15

MOTION TO BRING ITEM FORWARD

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda 

 

That item NOM 01 Green Valley Hotel be brought forward and dealt with now.

 

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

 

 

ITEM NO:       NOM 01

FILE NO:        016981.2019

SUBJECT:     Green Valley Hotel

 

BACKGROUND

 

In relation to the DA 1-7077453741 Green Valley Hotel, Miller 2168 - extended trading hours application:

a)    There has been inadequate opportunity for community engagement as the application was posted (19 December 2018) close to the Christmas/New Year holiday period and closed on 18 January 2019 at a time when groups such as local school P&Cs may not have been able to consider the application and other community-based organisations have since reported that they were not given the opportunity to respond because of the timing;

b)    The development is in an area with existing very high levels of social/economic disadvantage, domestic and non-domestic violence. This has not been adequately addressed in the Council approved Social Impact Assessment and Councils decision may not be in the best interest of the safety, health and welfare of the Miller Community;

c)    Miller has almost 3 times the average rate of unemployment compared to the rest of Australia;

d)    Miller has only half the median family income compared to the medium income for the rest of Australia;

e)    Council Website page identified Miller as the most socially disadvantaged area within its LGA;

f)     The DA is in opposition to Councils’ Community 2168 Project - Strategic Plan 2015-2018; and

g)    Does not meet Councils policy on DA decisions during the December to January holiday period that call for submissions.\

 

 

 

NOTICE OF MOTION (submitted by Clr Harle)

 

That Council:

 

1.    Write to the Independent Liquor and Gaming Authority (ILGA) requesting an extension of time to reconsider the “Liquor license Application DA 1-7077453741 Green Valley Hotel, MILLER 2168 - extended trading hours application” noting the application was posted (19 December 2018) close to the Christmas/New Year holiday period and closed on 18 January 2019. Some community-based organisations surrounding the pub have suggested they were not notified of the application. Other groups such as school P&Cs may not have been able to consider the application;

 

2.    Liverpool City Council requests that the application be considered by ILGA in the first instance given the likely high level of negative social impact of the application and the existing very high levels of social/economic disadvantage, domestic and non-domestic violence near this licensed premise;

 

3.    Re advertise the DA for Community consultation and consideration;

 

4.    Undertake a review of the DA’s Social Impact Assessment by an industry recognised independent expert and taking into consideration the safety, health and welfare of the Miller community;

 

5.    Reconsider the previous Council DA recommendation based on the Independent review of the Social Impact Assessment;

 

6.    Review and amend Councils SIA procedures to prevent future adverse outcomes involving vulnerable communities within our LGA.; and

 

7.    Receive a report to reflect outcomes of this Motion to be presented to May 2019 Council Meeting.

 

Mayor Waller called a recess of Council at 6.45pm.

 

Mayor Waller reopened Council at 6.52pm.

 

 

 

 

 

 

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Kaliyanda

 

That Council:

 

1.    Write to the Independent Liquor and Gaming Authority (ILGA) requesting an extension of time to reconsider the “Liquor license Application 1-7077453741 Green Valley Hotel, MILLER 2168 - extended trading hours application” noting the application was posted (19 December 2018) close to the Christmas/New Year holiday period and closed on 18 January 2019. Some community-based organisations surrounding the pub have suggested they were not notified of the application. Other groups such as school P&Cs may not have been able to consider the application;

 

2.    Liverpool City Council requests that the application be considered by ILGA in the first instance given the likely high level of negative social impact of the application and the existing very high levels of social/economic disadvantage, domestic and non-domestic violence near this licensed premise;

 

3.    Request that the liquor licence application be readvertised for Community consultation and consideration;

 

4.    Review the liquor licence application’s Social Impact Assessment by an industry recognised Independent expert and taking into consideration the safety, health and welfare of the Miller community;

 

5.    Reconsider the previous Council DA recommendation based on the Independent review of the Social Impact Assessment;

 

6.    Review and amend Councils SIA procedures to prevent future adverse outcomes involving vulnerable communities within our LGA;

 

7.    Receive a report to reflect outcomes of this motion, presented to May 2019 Council meeting;

 

8.    Is informed (through the CEO Update or similar) when an application for a proposal or an amendment to a licence goes to ILGA for liquor or gaming; and

 

9.    Direct the CEO to continue to work with ILGA to improve the liquor licence consultation processes.

 

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

 

Councillors voted unanimously for this motion.

 

City Economy and Growth Report

 

 

ITEM NO:       EGROW 01

FILE NO:        348778.2018

SUBJECT:     Draft Destination Management Plan 2019 - 2023

 

RECOMMENDATION

 

That Council:

 

1.    Endorse the Draft Destination Management Plan for public exhibition and;

 

2.    Receive a report in March 2019 detailing any submissions received and for the adoption of the Destination Management Plan, or if no submissions are received, delegate to the CEO to adopt the plan.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadchiti

 

That Council:

 

1.      Endorse the Draft Destination Management Plan for public exhibition, with the following amendments:

a.      On page 20, in the Current Visitation section amend the third point so that it reads: 

·           34,982 international visitors per year (new data TBC) indicates a growth up to 200,000 international visitors staying in Liverpool and surrounding area per year.

b.      On page 21, 3.2 Tourism Assets an additional point be added:

·           International and national tourism destination

c.       On page 23, 3.3 Liverpool Regions Strengths and Assets, point 7 be amended so that it reads:

·           Liverpool and surrounds have significant supply of hotels and short-term accommodation servicing the current demand of 200,000 international and national visitors (TBC). More accommodation will be required to meet the demand towards the opening of the Western Sydney Airport.

 

 

2.      Receive a report in March 2019 detailing any submissions received and for the adoption of the Destination Management Plan, or if no submissions are received, delegate to the CEO to adopt the plan.

 

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

 

 

 


 

ITEM NO:       EGROW 02

FILE NO:        353398.2018

SUBJECT:     Adoption of City Innovation Strategy

 

RECOMMENDATION

 

That Council adopt the Liverpool City Innovation Strategy.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 

 

 


21

 

Chief Executive Officer Report

 

 

ITEM NO:       CEO 01

FILE NO:        013140.2019

SUBJECT:     Councillor Induction and Professional Development Program

 

RECOMMENDATION

 

That Council:

 

1.    Adopt the Councillor Induction and Professional Development Policy attached to the report;

 

2.    Direct the CEO to commence the development of an ongoing professional development plan for the Mayor and each Councillor; and

 

3.    Amend Council’s Civic Expenses and Facilities Policy to allow for the CEO to determine and approve funds for professional development activities.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid

 

That Council:

 

1.    Adopt the Councillor Induction and Professional Development Policy attached to the report (with the inclusion of point 4 of this resolution);

 

  1. Direct the CEO to commence the development of an ongoing professional development plan for the Mayor and each Councillor;

 

  1. Amend Council’s Civic Expenses and Facilities Policy to allow for the CEO to determine and approve funds for professional development activities; and

 

  1. Include a clause in the Policy that it be strongly recommended that any new Councillor do the Local Government Director’s Course within 12 months of becoming a Liverpool Councillor.

 

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

 

 

 


21

 

ITEM NO:       CEO 02

FILE NO:        323133.2018

SUBJECT:     Councillor Access to Information and Interaction with Staff Policy

 

RECOMMENDATION

 

That Council endorse the Councillor Access to Information and Interaction with Staff Policy.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council endorse the Councillor Access to Information and Interaction with Staff Policy with restrictions lifted on obtaining legal advice.

 

Foreshadowed Motion:       Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That the recommendation be adopted.

 

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

 

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

 

Clr Hagarty, Clr Kaliyanda and Clr Shelton asked that they be recorded as voting against the motion moved by Cr Hadchiti.

 

 


23

 

ITEM NO:       CEO 03

FILE NO:        353779.2018

SUBJECT:     2019 Australian Local Government Women's Association NSW Branch Conference

 

RECOMMENDATION

 

That Council nominates councillor delegates to attend the Australian Local Government Women’s NSW Conference to be held in Liverpool from 4 to 6 April 2019.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That any Councillor who wishes to attend the Australian Local Government Women’s NSW Conference to be held in Liverpool from 4 to 6 April 2019 advise the CEO’s Office.

 

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

 

 

 

 


23

 

ITEM NO:       CEO 04

FILE NO:        006124.2019

SUBJECT:     2019 National General Assembly of Local Government

 

RECOMMENDATION

 

That Council:

 

1.    Nominates delegates to attend the 2019 National General Assembly of Local Government to be held in Canberra from Sunday 16 June – Wednesday 19 June 2019; and

 

2.    Determines whether to submit any motions, concerning the theme of “Future focused”, for debate at the National General Assembly.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Shelton

 

That any Councillor who wishes to attend the 2019 National General Assembly of Local Government advise the CEO’s Office.

 

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

 

 


 

ITEM NO:       CEO 05

FILE NO:        009169.2019

SUBJECT:     Adoption of new Code of Conduct and Code of Conduct Procedures

 

RECOMMENDATION

 

That Council:

 

1.    Adopt the Code of Conduct and Code of Conduct Procedures attached to this report;

 

2.    Request the Chief Executive Officer to arrange appropriate training for the Mayor and Councillors concerning recent changes to the Code of Conduct and Code of Conduct Procedures; and

 

3.    Note that Council’s Governance team will provide appropriate training and resources in regard to the Code of Conduct for Council staff, members of Council advisory committees, Council volunteers and Council contractors.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

 


25

 

City Corporate Report

 

 

ITEM NO:       CORP 01

FILE NO:        004694.2019

SUBJECT:     Investment Report December 2018

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

 


27

 

Committee Reports

 

 

ITEM NO:       CTTE 01

FILE NO:        317620.2018

SUBJECT:     Minutes of the Strategic Panel held on 13 November 2018

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Strategic Panel Meeting held on 13 November 2018.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Rhodes

 

That Council:

 

  1. Receives and notes the Minutes of the Strategic Panel Meeting held on 13 November 2018.

 

  1. Receive a quarterly report on the status of all planning proposals.

 

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

 

 

 


27

 

ITEM NO:       CTTE 02

FILE NO:        347761.2018

SUBJECT:     Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 6 December 2018

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 6 December 2018.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Rhodes

 

That the recommendation be adopted.

 

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

 

 

 

 

 

 


29

 

ITEM NO:       CTTE 03

FILE NO:        351908.2018

SUBJECT:     Tourism and CBD Committee Meeting Minutes of 13 December 2018

 

RECOMMENDATION

 

That Council:

 

  1. Receives and notes the Minutes of the Tourism and CBD Meeting held on 13 December 2018; and

 

  1. Endorse the recommendations in the Minutes.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

 

 


29

 

ITEM NO:       CTTE 04

FILE NO:        009453.2019

SUBJECT:     Minutes of the Heritage Advisory Committee meeting on 13 November 2018

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Liverpool Heritage Advisory Committee Meeting held on 13 November 2018; and

 

2.    Endorse the following recommendation of the Committee which will have an operational and financial impact:

That Council undertake a feasibility study that:

a)      Investigate the circumstances with the Commonwealth grant used to build the Liverpool Regional Museum and any ongoing obligations to maintain it as a museum;

b)      Consider the suitability of the Collingwood site to be developed as a historic precinct;

c)      Consider the suitability of the School of Arts for a museum;

d)      Consider the costs associated with the move to the School of Arts; and

e)      Consider the potential enhancements to the existing museum and associated costs to provide accommodation for Council’s collection of artefacts.

 

3.    Note the following motion:

That the Committee congratulate Council for its initiative with the underground penetration survey and encourage Council to continue with further investigation of the site.

 

4.    Endorses the Liverpool Heritage Advisory Committee Charter for a period of two years; and

 

5.    Delegate to the Chief Executive Officer the consideration and endorsement of the membership for the Liverpool Heritage Advisory Committee 2019/2021.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Rhodes

 

That Council:

 

1.      Receives and notes the Minutes of the Liverpool Heritage Advisory Committee Meeting held on 13 November 2018; and

 

2.      Endorse the following recommendation of the Committee which will have an operational and financial impact:

That Council undertake a feasibility study that:

a)      Investigate the circumstances with the Commonwealth grant used to build the Liverpool Regional Museum and any ongoing obligations to maintain it as a museum;

b)      Consider the suitability of the Collingwood site to be developed as a historic precinct;

c)      Consider the suitability of the School of Arts for a museum;

d)      Consider the costs associated with the move to the School of Arts; and

e)      Consider the potential enhancements to the existing museum and associated costs to provide accommodation for Council’s collection of artefacts.

 

3.      Note the following motion:

That the Committee congratulate Council for its initiative with the underground penetration survey and encourage Council to continue with further investigation of the site.

 

4.      Endorses the Liverpool Heritage Advisory Committee Charter for a period of two years, with the following amendments:

·           The text on page 4 of the Charter, point 7 Membership, be clarified so that it is clear that the Committee shall consist of eight Community members, in addition to two Councillors.

·           Clause 7.2 Membership, on page 4 of the Charter be amended to replace the word “persons” with “Community Representatives”.

·           Clause 7.4a, on page 5 of the Charter be amended so that it reads:

“Councillors other than those appointed to the Committee may attend and observe and contribute, but not move or second motions or vote on motions.”

 

5.      Delegate to the Chief Executive Officer the consideration and endorsement of the membership for the Liverpool Heritage Advisory Committee 2019/2021.

 

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

 

 


31

 

ITEM NO:       CTTE 05

FILE NO:        009663.2019

SUBJECT:     Minutes of the Liverpool Youth Council Committee Meeting held on 5 December 2018

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Youth Council Committee Meeting held on 5 December 2018.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Rhodes

 

That the recommendation be adopted.

 

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

 

 

 

 

 


33

 

ITEM NO:       CTTE 06

FILE NO:        010071.2019

SUBJECT:     Minutes of the Environment Advisory Committee Meeting held on 20 November 2018

 

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 20 November 2018.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Rhodes

 

That the recommendation be adopted.

 

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

 

 

 

 


 

ITEM NO:       CTTE 07

FILE NO:        012443.2019

SUBJECT:     Minutes of the Liverpool Sports Committee Meeting held on 29 November 2018

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Sports Committee Meeting held on 29 November 2018.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Rhodes

 

That the recommendation be adopted.

 

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

 

 


35

 

Questions with Notice

 

 

ITEM NO:       QWN 01

FILE NO:        014243.2019

SUBJECT:     Question with Notice - Clr Hadchiti - Alternative Methods of Waste Disposal

 

Please address the following:

 

Given the increase in rates of waste being disposed legally & illegally, has Council considered/looked into other alternatives to dispose of waste?

 

Response

 

Liverpool City Council has a number of contracts in place to collect and process the waste generated within the LGA. Council is committed to these contacts until they expire in 2024.

 

The increase in the volume and rates of waste generated is a regional issue. LCC continues to participate in the WSROC Waste Managers Forum, regional waste projects and EPA communications/consultations to ensure alternative waste disposal options are considered.

 

Council has committed to participate in Project 24 which is a regional waste processing/disposal project across five Councils. LCC will partner with four other Councils (Camden, Campbelltown, Wollondilly and Wingecarribee). The rationale for the project is based on the understanding that no one single council’s annual volume of domestic waste is sufficient to create a financial incentive for a waste company to invest in the construction and operation of a new processing facility while maintaining reasonable gate fees.

 

The Councils have received approval from the Australian Competition and Consumer Commission for authorisation to collaboratively tender and contract for the provision of a joint processing/disposal services, under Section 88 of the Competition and Consumer Act 2010 (Cth).

 

The planning and project management process has already commenced, in order that the contract may be awarded in 2019 and commence the processing and disposal of waste in 2024.

 

Project 24 will work within the guidelines supplied by the NSW EPA legislation pertaining to waste. The EPA have recently made some changes to Alternative Waste Treatment regulations. This has impacted industries ability to continue with current approaches to waste management. Planning for Project 24 will include consultation with industry to develop an innovative response to waste manangement for the region.

 

In addition, Council is proactively looking at new technologies to manage waste.  This includes waste to energy technologies such as those used in Japan and visited by Mayor and Councillors on the recent Toda Sister City visit.  The Mayor has proactively written to the Premier and relevant Ministers expressing interest in exploring these technologies.  Council has been referred to the E.P.A. for discussion and the Chief Executive will co-ordinate these meetings.

 

In addition, in recognition of potential interest in these technologies from other councils, the Chief Executive has been negotiating a possible study tour for Western Sydney Councils on waste to energy technologies. Liverpool City Council would be able to send Councillors and staff on this tour.

 

 

 


37

 

ITEM NO:       QWN 02

FILE NO:        014250.2019

SUBJECT:     Question with Notice - Clr Harle - Council Policy on Public Address Systems

 

Background

 

A motion was generated from the floor at its General Council Meeting of the 29 of March 2017 which stated the following:

 

DPG 02 File; 046276.2017 Review of Council Policies.

 

“Recommendation:

 

That Council revokes the following policies:

 

·    The use of Public Address (PA) Systems on Council Owned Properties; and

·    Signage on Council land.

 

Council Decision:

 

Motion:                         Moved Clr Harle                   Seconded: Clr Hadchiti

 

That the existing Policies be retained, reviewed and strengthened and a report be brought back to Council in June about the status of that action.

 

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

 

Councillors voted unanimously for this motion.”

 

Please address the following:   

 

1.   In view of the recent complaints by many residents adjoining Black Muscat Park within Chipping Norton, has Council carried out the intent of the Motion raised at its March 29th, 2017 Council Meeting?

 

 

Noise management is legislated under a number of State Acts and controlled by various State legislation including the Local Government Act, the Environment Planning and Assessment Act and the Protection of the Environment Operations Act. This allows Council to control the use of Public Address (PA) Systems on Council land including the authority to require a person to obtain prior Council approval. If approved, conditions controlling noise levels and hours of use can be placed on the approval.

 

Under these Acts it is an offence for a person to use a PA system without prior Council approval. Council is therefore empowered to take action under the legislation detailed above.

 

In March 2017, as part of an ongoing process to reduce duplicated and/or redundant Policy, a Council report was submitted for consideration that suggested that as the local Policy was essentially redundant to the State Acts that it be revoked. At the March 2017 Council meeting, Council chose to retain the local Policy and asked for it to be reviewed and strengthened.

 

2.   If so is that report available and what are its recommendations?

 

The review was undertaken and Councillors were provided a briefing in July 2017 that detailed the result of the review.

 

In summary, Council’s own ‘Use of Public Address (PA) Systems on Council Owned Properties’ Policy mimics the authority in the Local Government Act, the Environment Planning and Assessment Act and the Protection of the Environment Operations Act.  While it codifies these Acts into a local Policy, Council cannot add additional authority to that detailed in State legislation. Council’s authority is issued from the Local Government Act and we cannot act outside of that authority.

 

Instead, council staff continue to look at options for ensuring compliance and managing noise at Black Muscat Park. This has included the re-introduction of a paid security presence and improvements to customer service messaging for customer complaints. Staff are currently reviewing signage and, as part of the broader masterplan for Chipping Norton Lakes, will look at design solutions to manage issues with large groups.

 

 

 

 


41

 

ITEM NO:       QWN 03

FILE NO:        014276.2019

SUBJECT:     Question with Notice - Clr Hagarty - Issuing of Demerit Points

 

Introduction

 

Recent changes to the law now give parking inspectors the ability to issue demerit points in addition to fines.

 

Please address the following:

 

1.    What offences do these changes relate to?

 

2.    What are the demerit penalties for each?

 

From the 1 July 2018 the following offences incurred demerit points, as set out below.

 

Offence

Penalty

Demerit points

Stop within 20 metres of an intersection (traffic lights)

$337

2

Stop within 10 metres of an intersection (no traffic lights)

$337

2

Stop on/near children’s crossing

$337

2

Stop on/near pedestrian crossing

$337

2

Stop on/near marked foot crossing

$337

2

Stop near bicycle crossing lights

$337

2

Stop on/near level crossing

$337

1

Stop in intersection

$337

2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prior to the 1 July 2018 changes, demerit points were already applicable to the range of offences in the table below.

 

Offence

Penalty

Demerit points

Stop in intersection in school zone

$448

2

Stop within 20 metres of an intersection (traffic lights) – school Zone

$337

2

Stop on/near children’s crossing (in school zone)

$448

2

Stop on/near pedestrian crossing

$337

2

Stop on/near pedestrian crossing (in school zone)

$448

2

Stop in bus zone (in school zone)

$337

2

Obstruct access to ramp/path/passageway in school zone

$337

2

Stop on/across driveway etc to/from land (in school zone)

$337

2

Stop on traffic island in school zone

$187

2

Stop on painted island in school zone

$187

2

Stop on path/strip in built-up area (in school zone)

$337

2

Public bus driver stop at bus stop when not permitted – School Zone

$337

2

Stop on/near marked foot crossing (in school zone)

$448

2

Stop near bicycle crossing lights in school zone

$448

2

Stop in intersection in school zone

$448

2

Not parallel park in direction of travel in school zone

$337

2

Parallel park close to dividing line/strip in school zone

$337

2

Stop within 10 metres of an intersection (no traffic lights) - school zone

$448

2

Stop in disabled parking area without current permit displayed

$561

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.    Do parking inspectors have discretion in the issuing of the demerit point component of these penalties?

 

4.    Can Council resolve to not issue demerit point penalties?

 

The current legislation does not give Council or the Parking Officers any discretion in relation to demerit points. Whenever the fines listed above are issued, the relevant demerit point are automatically applied.

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadchiti  

 

That Council undertake a public awarenesss campaign to inform the public of these changes, including inserting information about this in the regular Council newsletter, Liverpool Life.

 

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


 

ITEM NO:       QWN 04

FILE NO:        017919.2019

SUBJECT:     Question with Notice - Clr Kaliyanda - Single Use Plastics Reduction

 

Please address the following:

 

Does Council:

 

1.    Include the reduction of single use plastics, such as straws, balloons and plastic bags, within its waste education program?

                                                    

2.    How does this program interact with local businesses in the area, particularly those within the hospitality sector?

 

3.    Have a policy or focus of reducing use of these plastics during Council run or sponsored events?

 

4.    Actively seek funding that could assist in reducing our waste footprint?

 

 

A response to these questions will be provided in the 27 February 2019 Council meeting business papers.

 

 


45

 

Notices of Motion

 

 

ITEM NO:       NOM 02

FILE NO:        019147.2019

SUBJECT:     Moorebank R4 Zoning

 

BACKGROUND

 

In August 2008 the Administrator adopted a new LLEP which had wide ranging changes for zonings in the LGA.

 

It has been shown that very little, if any, consultation was undertaken with the community prior to LLEP 2008 being adopted and some areas, particularly Moorebank, saw a dramatic increase in density.

 

Over the years and three Council terms the blame game has been on as to who is responsible for the zoning and which Government authority needs to take action.  Some Councillors have tried to wash their hands of the zoning issues and continue to put the blame on other Government bodies.

 

At the end of the day the LLEP is a responsibility for Councils elected body and it’s the elected bodies’ role to present any LLEP to State Government for Gateway Determination.

 

In December 2018 a letter undated and with no reference number was sent to residents in Moorebank (see attached) from Council’s CEO in relation to concerns arising from developments occurring in Moorebank.

 

The letter in part states ‘The NSW Government has issued a Ministerial Direction stating that councils must not reduce the permissible density of land’.

 

Whilst this there is a Ministerial Direction in place, the letter fails to state that there are avenues available for planning proposals to be inconsistent with the Ministerial Direction:

"If the relevant planning authority can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the provisions of the planning proposal that are inconsistent are:

(a)   justified by a strategy which:

(i)    gives consideration to the objective of this direction, and

(ii)   identifies the land which is the subject of the planning proposal (if the planning proposal relates to a particular site or sites), and

(iii)   is approved by the Director-General of the Department of Planning, or

(b)   justified by a study prepared in support of the planning proposal which gives consideration to the objective of this direction, or

(c)   in accordance with the relevant Regional Strategy, Regional Plan or Sub-Regional Strategy prepared by the Department of Planning which gives consideration to the objective of this direction, or

(d)   of minor significance"

 

Council were the ones who made this zoning change in the LEP and we should be the ones to sort the problem out with the community.

 

At the end of the day it is up to the elected body and no one else to put forward a proposal for changes to the zoning in Moorebank and the blame game must stop.

 

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council:

1.    Notes that a proposal to rezone/downzone the current R4 in Moorebank could have been called for by any Councillor since September 2008;

 

2.    Immediately write to the residents of Moorebank by way of direct mail correcting the original letter sent and making it clear that it is the Councillors responsibility to make recommendations for any zoning changes in the Moorebank area;

 

3.    Immediately start separate community consultation with the residents of Moorebank with a view of reducing the density in the R4 zone; and

 

4.    Present these findings to Council at the March meeting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ayyad

 

That Council:

 

1.      Notes that a proposal to rezone/downzone the current R4 in Moorebank could have been called for by any Councillor since September 2008;

 

2.      Immediately write to the residents of Moorebank by way of direct mail correcting the original letter sent and making it clear that it is the Councillors responsibility to make recommendations for any zoning changes in the Moorebank area;

 

 

 

3.      Immediately start separate community consultation with the residents of Moorebank with a view of reducing the density in the R4 zone, including promoting the ideas that came from the Councillors LEP Workshop to the residents to get their feedback; and

 

4.      Present these findings to Council at the March meeting.

 

Foreshadowed Motion:       Moved: Clr Hagarty   Seconded: Clr Kaliyanda  

 

That Council:

 

1.      Notes that while a proposal to rezone/downzone the current R4 in Moorebank could have been called for by any Councillor since September 2008, best practise dictates a holistic review of the LEP across the entire LGA consistent with Council and State Government strategies; 

 

2.      Notes that it is the Councillors responsibility to make recommendations for any zoning changes in the Moorebank area but that planning is a collaborative process between the State Government and Councils and ultimate responsibility lies with the Planning Minister;

 

3.      Notes that Council is well under way in reviewing the LEP and have held a number of sessions with staff and Councillors specifically about density in Moorebank;

 

4.      Start as soon as is practical, community consultation with the residents of Moorebank with a view of reducing the density in the R4 zone as part of the LEP review, including promoting the ideas that came from the Councillors LEP Workshop to the residents to get their feedback; and

 

5.      Present these findings to Council at a future meeting.

 

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

 

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

 

Clr Kaliyanda asked that she be recorded as voting for the motion moved by Clr Hadchiti.

 

 

 


45

 

ITEM NO:       NOM 03

FILE NO:        017910.2019

SUBJECT:     Personnel Matters – Council In Closed Session

 

NOTICE OF MOTION (submitted by Clr Hadchiti)

 

That Council under Section 10A (2)(a) of The Local Government Act 1993 go into closed session at the conclusion of other items to discuss personnel matters concerning particular individuals (other than Councillors).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hagarty

 

That this item be moved to the end of the meeting.

 

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

 

Note: This item was then dealt with at the end of the meeting and can be found on page 54 of these minutes.

 

 

 


49

 

ITEM NO:       NOM 04

FILE NO:        017916.2019

SUBJECT:     NSW State Government & Federal Government Announcements – Edmondson Park Train Station Car Parking & Lurnea Community Hub

 

BACKGROUND

 

What a fantastic week for announcements in the Liverpool LGA.

 

The State & Federal Governments will be contributing nearly $13,000,000 towards Councils planned development at Phillips Park Lurnea.

 

Council had previously authorised the CEO to take out borrowings should they be required and now with thanks to both the NSW State Government & the Federal Government very little funds if any need to be borrowed.

 

The other great piece of news was the $40,000,000 announced for approximately 700 more car parking spaces at Edmondson Park train station by the Premier Gladys Berejiklian & the Member for Holsworthy Melanie Gibbons.

 

Council and the community have been calling for more parking spaces and these budgeted funds, not an election promise, will certainly relive the stress on our hard working train commuters.

 

NOTICE OF MOTION (submitted by Clr Hadchiti)

 

That Council:

 

1.    Write to Prime Minister Morrison thanking him and his Government for the $6,500,000 grant for the construction of the Lurnea Community Hub;

 

2.    Write to Premier Berejiklian thanking her and her Government for the $6,500,000 grant for the construction of the Lurnea Community Hub;

 

3.    Write to Premier Berejiklian & the Member for Holsworthy Melanie Gibbons thanking them for listening to Council and the community and for the budget allocation of $40,000,000 for car parking at Edmondson Park train station; and

 

5.      Acknowledge the efforts of all community members who played a part in calling for the extra car parking spaces.

 

Mayor Waller called a recess of Council at 8.39pm.

 

Council reopened at 8.49pm.

 

Clr Kaliyanda left the Chambers at 8.50pm.

 

Clr Kaliyanda returned to the Chambers at 8.51pm.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ayyad

 

That Council:

 

1.    Write to Prime Minister Morrison thanking him and his Government for the $6,500,000 grant for the construction of the Lurnea Community Hub;

 

2.    Write to Premier Berejiklian thanking her and her Government for the $6,500,000 grant for the construction of the Lurnea Community Hub;

 

3.    Write to Premier Berejiklian & the Member for Holsworthy Melanie Gibbons thanking them for listening to Council and the community and for the budget allocation of $40,000,000 for car parking at Edmondson Park train station;

 

4.      Acknowledge the efforts of all community members who played a part in calling for the extra car parking spaces;

 

5.      Note that the tennis courts at Phillips Park in Lurnea have been there for 80 years and service three schools and 200 people per week and a small business is run from the location;

 

6.      Note that the tennis courts at Phillips Park in Lurnea have had the surface upgraded at a significant cost to Council ratepayers, in excess of $100,000;

 

7.      Investigate the age of the courts at Phillips Park in Lurnea; and

 

8.      Send further representations to the state government seeking funding for parking at Leppington train station.

 

Foreshadowed Motion:                 Moved: Clr Hagarty              Seconded: Clr Shelton

 

That Council:

 

1.      Welcomes any commitment of funding for Liverpool from all sides of politics at both a State the Federal level;

 

2.      Continue to lobby politicians and parties from all sides of politics at a State and Federal level for further funding commitments in Liverpool; and

 

 

 

3.      As a matter of courtesy write to relevant politicians when a confirmed commitment of funding in Liverpool is made.

 

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

 

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

 

Clr Shelton asked that he be recorded as voting against the motion moved by Clr Hadchiti.

 

 


49

Clr Balloot retired from the meeting at 9.07pm.

 

ITEM NO:       NOM 05

FILE NO:        018028.2019

SUBJECT:     Street and Public Art in Liverpool

 

BACKGROUND

 

Street and public art are important in contributing to a vibrant urban culture. In cities like Melbourne, street art is internationally renowned and has become an attraction for local and overseas visitors experiencing Melbourne’s creative ambience.

 

​Whilst research and community consultation show that most people do not like graffiti ‘tagging’ (a person writing their graffiti name or ‘tag’ on a wall with marker or paint), many people appreciate ‘street art’ such as larger, more artistic pieces, or murals placed in appropriate locations with the required permission. Evidence suggests that street art may help to reduce tagging.

 

Council has a Graffiti Management Strategy that differentiates between:

·        the need to remove unwanted graffiti applied without permission; and

·        street art placed on walls and infrastructure with the blessing of property owners.

 

Liverpool takes a strong stance against illegal graffiti and has a number of measures in place to ensure that the city stays clean.

 

Given the growth of our City, it is important that we consider ways to work with residents and businesses in order to ensure that our city is vibrant and demonstrates the talents of our people.

 

NOTICE OF MOTION (submitted by Clr Kaliyanda)

 

That Council:

 

1.      Develop a street art strategy to identify appropriate spaces for street art within the Liverpool LGA;

 

2.      Incorporate street art within the available youth art education and engagement programs at CPAC;

 

3.      Look for appropriate State and Federal grant funding that can help deliver street and public art programs and initiatives; and

 

 

4.      Consider ways in which the process for commissioning of street art by business owners and residents can be made easier.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda                    Seconded: Clr Hagarty

 

That the recommendation be adopted.

 

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

 

 

 

 


 

ITEM NO:       NOM 06

FILE NO:        018784.2019

SUBJECT:     Access to facilities in hot weather

 

BACKGROUND

 

Recent heatwaves across NSW resulted in a spike in the number of people hospitalised with heat-related illnesses.

 

Health officials have encouraged people to limit their exposure to the heat and take precautions to protect themselves. The day following Australia Day (27 January) has historically proven to be a peak time for heat related deaths in Australia. This has been attributed to factors including the combination of hot weather, outdoor activities and alcohol consumption.

 

In Liverpool, the mercury has been in the high 30s and low 40s consistently over the last month. Residents have sought relief in airconditioned spaces and water play areas, such as Bigge Park and Macquarie Mall. Access to air-conditioned spaces such as CPAC and public libraries were also taken up by the community.

 

For those that don’t have air conditioning, it is important to have access to a cool space, such as a library or shopping centre. Hydration and access to water is also crucial in mitigating the impact of the heat, especially for children. In future, perhaps free water can be provided at our public libraries and CPAC during extreme hot weather.

 

However, equity of access to such facilities, especially water facilities must be addressed. Currently, there is no mechanism for the CEO to organise free entry to the Whitlam Centre or Michael Wendon Centre without delegation from Council. This is not ideal given that awareness of weather conditions often occurs outside of the Council meeting cycle.

 

NOTICE OF MOTION (submitted by Clr Kaliyanda)

 

That Council:

 

1.    Subsidise free entry to swimming pools at the Whitlam Centre and Michael Wendon Centre on days when the temperature is above 40C.

 

2.    Provide delegation to the CEO to do so.

 

3.    Consider other measures that can be undertaken within the LGA to provide relief to the community during extreme hot weather and report back to the February 27 meeting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Rhodes

 

That Council:

 

1.      Consider other measures that can be undertaken within the LGA to provide relief to the community during extreme hot weather and report back to the 27 February Council meeting.

 

2.      Work with Belgravia Leisure to look at strategies to support access to leisure centres.

 

3.      Look at strategies which could include providing additional water parks in the LGA and consider new locations, including new growth areas, for the water parks. The following matters are to be considered:

·           Pricing;

·           Ample parking;

·           Seating;

·           Shade; and

·           Other options.

 

4.      Develop a strategy to inform the community as to where savings can be made on services for families.

 

Foreshadowed Motion:       Moved: Clr Ayyad                Seconded: Clr Hadid  

 

That Council:

 

1.      Look at strategies which could include providing additional water parks in the LGA and consider new locations, including new growth areas, for the water parks. The following matters are to be considered:

·           Pricing;

·           ample parking;

·           seating;

·           shade; and

·           other options.

 

  1. Develop a strategy to inform the community as to where savings can be made on services for families.

 

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

 

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


53

 

Confidential Items

 

 

ITEM NO:       CONF 01

FILE NO:        010828.2019

SUBJECT:     Tender WT2789 - Whitlam Leisure Centre Pool Plant Rooms Refurbishment

 

RECOMMENDATION

That Council: 

1.    Declines the tender received for WT2789 – Whitlam Leisure Centre Pool Plant Rooms Refurbishment and in accordance with Section 178(3)(f) of the Local Government (General) Regulation 2005 carries out the requirements of the proposed contract itself;

 

2.    Makes public its decision regarding Tender WT2789 – Whitlam Leisure Centre Pool Plant Room, Spa Plant Room and Truck Hardstand Drainage Works;

 

3.    This report has been brought to Council because the Chief Executive Officer’s instrument of delegation, approved by Council in accordance with the current provisions of Section 377 of the Local Government Act 1993, only permits the Chief Executive Officer to approve (and not reject) tenders up to a value of $1 million. Therefore, subclause 178(3) of the Local Government (General) Regulation 2005 requires a decision not to accept any of the tenders for a proposed contract to be made by way of a Council resolution; and

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


 

ITEM NO:       CONF 02

FILE NO:        341737.2018

SUBJECT:     Legal Affairs Report

 

RECOMMENDATION

 

That Council receives and notes the report concerning the legal affairs of Liverpool City Council.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

 

 

 


55

Clr Rhodes left the Chambers at 9.32pm.

 

ITEM NO:       CONF 03

FILE NO:        351565.2018

SUBJECT:     Tourism and CBD Committee - Community Representative

 

RECOMMENDATION

 

That Council endorses the appointment of Marc Edwards and Ian Bailey as a community representative to the Tourism and CBD Committee.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

 

 

 


57

 

ITEM NO:       CONF 04

FILE NO:        000140.2019

SUBJECT:     WSROC Contract- WR03-12/13- Road Rehabilitation and Asphalt Services - Contract Extension Request

 

RECOMMENDATION

 

That Council:

 

1.    Offers an extension to the below listed contractors until new contracts have been established for the Tender WR03-12/13 Road Rehabilitation and Asphalt Services, and places those contractors who accept the extension on a panel of preferred contractors;

 

Contract Portion

List of Contractors

Asphalt Deliver and Lay

·      State Asphalt Services Pty Ltd

·      Bernipave Pty Ltd

·      Borthwick & Pengilly Asphalts Pty Ltd

Asphalt Ex -Bin

·      State Asphalt Services Pty Ltd

·      Fulton Hogan Industries Pty Ltd (Minto/Wallgrove)

Crack Sealing

·      SuperSealing Pty Ltd

Mill and Fill

·      State Asphalt Services Pty Ltd

Pavement Restoration

·      Bernipave Pty Ltd

·      J&G Excavations & Asphalting (NSW) Pty Ltd

·      Borthwick & Pengilly Asphalts Pty Ltd

Profiling

·      Stabilised Pavements Of Australia Pty Ltd

·      State Asphalt Services Pty Ltd

·      Borthwick and Pengilly Pty Ltd

Spray Sealed Bituminous Surfacing

·      State Asphalt Services Pty Ltd

Stabilisation and/or Unbound Pavement Reconstruction

·      Stabilised Pavements of Australia Pty Ltd

Surface Preservation, Enrichment or Rejuvenation

·      Downer EDI Works Pty Ltd

Asphalt Pavement Reconstruction

·      Borthwick and Pengilly Pty Ltd

·      J and G Excavations Pty Ltd

·      Stabilised Pavements of Australia Pty Ltd

 

2.    That such an extension be offered pursuant to s.55(3)(i) of the Local Government Act 1993, for the following reasons:

a)    The listed contractors, and the rates in question, were subject to detailed market testing as part of a WSROC tender performed in 2013 and accepted by Council at the time;

b)    Following a review by staff, it is considered that these rates remain highly competitive, and offer excellent value when compared to prevailing market rates for the same types of supply;

c)    The listed suppliers have performed to a satisfactory standard during the contract period; and

d)    The extension being sought is required to allow the calling of fresh tenders for the supply in question.

    

3.    Notes that the Director - City Infrastructure and Environment will finalise all details and extend the contract following acceptance by the tenderers of Council’s offer; and

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

 

 

 


59

Clr Rhodes returned to the Chambers 9.34pm.

 

ITEM NO:       CONF 05

FILE NO:        005242.2019

SUBJECT:     Proposed Acquisition of Lot 45 DP657031, 6 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme

 

RECOMMENDATION

 

That Council:

 

1.    Approves the acquisition of Lot 45 DP657031, 6 Newbridge Road, Chipping Norton under the provisions of the Moorebank Voluntary Acquisition Scheme for the price and terms outlined in this report;

 

2.    Upon settlement of the acquisition, classifies Lot 45 DP657031, 6 Newbridge Road, Chipping Norton as ‘Community’ land;

 

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

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

 

 

 

 

 


59

 

ITEM NO:       CONF 06

FILE NO:        006777.2019

SUBJECT:     Tender VP2760 - Traffic Management Services

 

RECOMMENDATION

 

That Council:

 

1.    Declines to accept any of the tenders submitted for Tender VP2760 – Traffic Management Services, and postpones the proposal for the contract in accordance with Section 178(3) of the Local Government (General) Regulation 2005; and

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

 

 


 

ITEM NO:       CONF 07

FILE NO:        008451.2019

SUBJECT:     Proposed Disposal of Lot 8 DP 1062062, Lot 8 River Heights Road, Pleasure Point

 

RECOMMENDATION

 

That Council:

 

1.    Approves the disposal of Lot 8 DP 1062062 to the adjoining owners of Lot 143 in DP 15226, 16 River Heights Road, Pleasure Point for the price and terms outlined in this report;

 

2.    Transfers proceeds to the Property Development Reserve;

 

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

 

4.    Authorises its delegated officer to execute any documents, under power of attorney necessary to give effect to this decision.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 

 

 

 


61

 

ITEM NO:       NOM 03

FILE NO:        017910.2019

SUBJECT:     Personnel Matters – Council In Closed Session

 

NOTICE OF MOTION (submitted by Clr Hadchiti)

 

That Council under Section 10A (2)(a) of The Local Government Act 1993 go into closed session at the conclusion of other items to discuss personnel matters concerning particular individuals (other than Councillors).

 

COUNCIL DECISION

 

Motion:                         Moved: Clr Hadchiti  Seconded: Clr Hadid

 

That the item be deferred to the next Council meeting.

 

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

 

 


 

 

THE MEETING CLOSED AT 9.37pm.

 

 

<Signature>

Name: Wendy Waller

Title:    Mayor

Date:    27 February 2019

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  6 February 2019. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

    


63

Ordinary Meeting 27 February 2019

City Economy and Growth Report

 

EGROW 01

Adoption of Liverpool Heritage Strategy 2019-2023

 

Strategic Direction

Creating Connection

Celebrate diversity, promote inclusion and recognise heritage

File Ref

009939.2019

Report By

Thomas  Wheeler  - Heritage Officer 

Approved By

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

 

 

Executive Summary

 

The Draft Liverpool Heritage Strategy 2019-2023 was on public exhibition from 10 October 2018 to 31 October 2018. Submissions were received during the exhibition period which resulted in minor amendments to the strategy, to better meet the needs of heritage property owners, community groups and the Liverpool community.

This report provides an overview of the exhibition process, a summary of the common feedback themes and a summary of the changes made to the final strategy document. This report asks Council to adopt the strategy.

 

 

RECOMMENDATION

 

That Council adopt Liverpool Heritage Strategy 2019-2023.

 

 

REPORT

Overview

The Draft Liverpool Heritage Strategy 2019-2023 has been developed over a 12 month period, commencing July 2017, with input from internal and external stakeholders through intensive consultation sessions and general discussions with a wide range of stakeholders.

The strategy encompasses an effective heritage management system that will support the management of Council owned heritage assets, private heritage property owners and community groups.

On 26 September 2018, the Draft Liverpool Heritage Strategy 2019-2023 was tabled at the Ordinary Meeting of Council seeking endorsement for public exhibition and community consultation.

At the Ordinary Meeting of Council, it was resolved:

1.  Endorse the Draft Liverpool Heritage Strategy 2019 2023 for public       exhibition and community consultation;

2.  Request a further report following public exhibition and community consultation detailing any submissions received and any modifications to   the strategy; and

3.  Look into Heritage strategies that are being employed by Perth and         Adelaide.

Background

The Liverpool Heritage Strategy 2019-2023 is a high level strategic document, prepared in accordance with the NSW Heritage Division (Office) guidelines for Local Heritage Management and on reflection of the challenges and opportunities faced within the Liverpool Local Government Area.

The strategy focuses on both intangible and tangible heritage, meaning cultural stories and practices as well as the physical buildings, places and landscapes. The purpose of this is to ensure Council and the community identify, protect and conserve all aspects of heritage relevant to the different cultures and communities within the Local Government Area.

The purpose of the strategy is to improve the understanding and management of local heritage, take advantage of increasing tourism opportunities and provide greater support to heritage property owners and local heritage community groups.

The strategy includes actions relating to:

Knowing

Identifying, assessing and documenting places and objects, and collections.

Protecting

Securing statutory protection for significance places, developing policy/guidelines to assist decision making and appropriate management.

Supporting

Incentives, advisory services, and financial assistance for heritage projects or programs, management of Council owned heritage assets in support of Council Officers.

 

Celebrating

Raising awareness and appreciation of our local heritage and history partnering with other heritage organisations.

Indigenous

Specific focus on recognising, protecting, supporting and celebrating local indigenous heritage and history and supporting the local indigenous community to manage their history and heritage.

In total, there are approximately 43 management actions proposed as a part of the strategy. These actions include modifications or changes to existing Council practices as well as identified projects which may incur a cost to Council, noting that there may be opportunities for grant funding to support some of the actions.

Most actions span a 4 year period to spread the cost of implementation.  Some actions are identified as long term, meaning they may extend beyond 2023, depending on the availability of resources.

Consultation

The Liverpool Heritage Strategy 2019-2023 was advertised between 10 October 2018 and 31 October 2018. Advertisements, to encourage community feedback, were placed in the Liverpool Leader and consultation was also undertaken through Council’s engagement platform “Liverpool Listens”.

In total, four submissions were received.

During the public engagement, further consultation was also undertaken with internal sections of Council and members of the Liverpool heritage community.

Response to Submissions

A summary of the key themes of feedback from external and internal consultation includes the following:

1.    Council should improve the promotion and presentation of the local history and heritage, taking advantage of tourism opportunities.

2.    Council should take a leadership role in the conservation, management and promotion of the local history and heritage.

3.    Support and leadership is required from Council to guide and nurture local heritage community groups.

4.    Collingwood House is a key heritage item in the Liverpool Local Government Area and requires extensive restoration works.

5.    Leadership in heritage management requires continual collaboration with community groups and stakeholders.

6.    Council must ensure a balanced approach to heritage conservation, where it includes promotion, protection, conservation and compliance.

7.    The heritage strategy must align and support other Council strategies and directions.

8.    Grant opportunities should be provided to property owners and community groups to support the promotion, management and conservation of local history and heritage.

9.    Liverpool has a deep indigenous heritage which should be recognised and promoted similar to the European and other built heritage.

Amendments to Draft Strategy

In response to the feedback Council received during the public exhibition period, the following changes were made to the strategy.

1.    The wording and structure of the strategy was simplified, with the focus of the strategy directed onto the management of local heritage rather than meeting legislative goals or outcomes.

2.    The list of identified heritage items owned by Liverpool City Council was removed to avoid any confusion with the Liverpool Heritage Asset Strategy which was endorsed at the September 2018 meeting.

3.    Management actions were refined and the listing simplified to improve readability.

4.    Indigenous heritage and its significance to Liverpool has been given greater recognition within the strategy, with clear management actions and strategies.

5.    For each set of management actions, clear goals and a rationale have been provided to make clear Council’s intent and ensure the direction is understood.

6.    The process of monitoring and guiding the implementation of the strategy has also been refined and included.

City of Perth and City of Adelaide Heritage Strategies

In response to the resolution of Council, investigations have been undertaken into the heritage strategies of the City of Perth and City of Adelaide.

A report is being prepared based on the investigations and will be considered by the Executive Management Team with the findings of the investigations and any recommendations to be presented to Council for consideration in April 2019. The Liverpool Heritage Strategy 2019-2023 will be further amended to reflect any subsequent resolutions of Council.


 

Conclusions

The Liverpool Heritage Strategy 2019-2023 has been prepared to provide a concise and inspiring direction for the management and direction of Liverpool’s local heritage. The strategy focuses on both tangible and intangible heritage to ensure an all-encompassing approach which is inclusive for all members of the local community, regardless of their ancestry.

This strategy will ensure Council meets current best practice guidelines for local heritage management, and will place Council on a path that will improve conservation, awareness and engagement with respect to the local heritage of Liverpool Local Government Area.

This strategy has been prepared through extensive internal and external consultation, ensuring that the actions and strategies proposed are achievable and inclusive of the requirements of all stakeholders.

It is therefore requested that Council adopts the Liverpool Heritage Strategy 2019-2023.

CONSIDERATIONS

 

Economic

There may be financial implications for future budgets for the implementation of actions.

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

 

1.         Liverpool Heritage Strategy 2019-2023. (Under separate cover)  


71

Ordinary Meeting 27 February 2019

City Economy and Growth Report

 

EGROW 02

Works in Kind and Planning Agreement Policy review

 

Strategic Direction

Generating Opportunity

Meet the challenges of Liverpool’s growing population

Key Policy

Property Strategy

File Ref

324395.2018

Report By

Lina Kakish - Manager Development Assessment

David Smith - Manager Planning & Transport Strategy

Approved By

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

 

 

Executive Summary

 

It is proposed to amend two existing policies being the Development Contributions, Land Dedication and Works in Kind Policy and the Planning Agreement Policy. These policies support the provision of infrastructure as a part of the development process.

 

The intent of the review of the Works In Kind (WIK) Policy is to:

 

·    Include new references to the Environmental Planning and Assessment Act 1979 (the Act), as amended in early 2018;

·    Increase security for Council by increasing bond amounts required for WIK;

·    Improve the process for land dedication by requiring land contamination studies and remediation (if required) prior to dedication of land to Council through a WIK agreement; and

·    Mandate a WIK agreement template to ensure consistency and a more streamlined process for the drafting of WIK’s.

 

The intent of the review of the Planning Agreements Policy is to:

 

·    Include new references to the Act, as amended in early 2018;

·    Update the planning agreements policy to remove reference to opportunity sites in the Liverpool City Centre, consistent with changes introduced with Amendment 52.

·    Remove references to a minimum dollar amount per unit for waterfront land and other developments in the Planning Agreements Policy as Council cannot stipulate what the contents should be of an offer to enter into a planning agreement;

·    Update the information required to be submitted to Council when seeking to enter into a planning agreement;

·    Include a planning agreements template; and

·    Update the planning agreements procedure to assist Council in negotiating planning agreements.

·     

RECOMMENDATION

 

That Council:

 

1.   Adopts the Revised Development Contributions, Land Dedication and Works in Kind Policy attached to this report (Attachment 1);

 

2.   Adopts the revised Planning Agreement Policy attached to this report (Attachment 2);

 

3.   Delegate authority to the CEO to make minor housekeeping alterations to both policies, as required; and

 

4.   Publish a notice in Liverpool Leader advising of its decision.

 

REPORT

 

Background

 

Developer Contributions Land Contributions and Works in Kind Policy

Council currently has a Works in Kind Policy (WIK) whereby a developer may offer to provide works identified in a contributions plan in exchange for an offset against development contributions payable for that development. This policy has worked successfully to facilitate the timely implementation of development and the provision of infrastructure.

In many cases a development site might also have a land component for drainage or road widening, part of which has been identified for acquisition by Council and funded by the applicable contributions plan. The Policy enables the dedication of this land in lieu of acquisition.

Amendments to Works in Kind Policy

 

The WIK Policy (Attachment 1) has been amended to include:

 

·    updated references to the Environmental Planning and Assessment Act 1979 (the Act) to reflect the new sections of the Act;

·    increased the security bond amount to a total of 200% of the cost of the agreed WIK, consistent with Council’s Bonds Policy; and

·    the creation of a WIK Agreement template (Attachment 2) which contains set terms to be considered by both Council and the applicant that align with Council’s Development Contributions, Land Dedication and WIK Agreement Policy.

 

Amendments to the Planning Agreements Policy

 

The Planning Agreement Policy (Attachment 3) has been updated to reflect:

 

·    amendments to the relevant legislation;

·    current best practice in Planning Agreements; and

·    specific matters that are relevant to Liverpool LGA,

 

A more detailed description of the amendments is provided below.

 

Legislative amendments

 

·    The numbering of sections in the Act changed and the Planning Agreement Policy needs to be updated accordingly to ensure that references to the Act remain correct.

 

·    The Policy has also been updated to reflect the changes to the development consent process arising from changes to the Act.

 

Best Practice

 

·    Clauses have been added to address the relationship between Planning Agreements and the use of Council’s compulsory acquisition power.

 

The Policy now clearly sets out Council’s position with respect to the use of Planning Agreements for the acquisition of land and the use of compulsory acquisition powers. The key element here is the ability for Council to compulsorily acquire land only where there is a public need.

 

·    The Policy now sets out all information to be provided and includes a template Planning Agreement (Attachment 4) for greater efficiency when reviewing and consistency across Planning Agreements entered into by Council. This change will assist the ongoing management of the Planning Agreement.

 

LGA specific matters

 

·    The previous Planning Agreement Policy specified ‘minimum’ monetary contributions that would be required by Council in certain circumstances where a Planning Agreement was offered in conjunction with an application to amend a SEPP or an LEP. The ‘minimum’ monetary contributions have been deleted from the policy to provide greater flexibility to negotiate public benefits with greatest value, consistent with identified public needs and on a case by case basis.

 

Public Notice

 

The changes included in these policies generally represent housekeeping and procedural amendments to make consideration of Planning Agreements and WIKs more efficient and consistent. There is no requirement to publicly exhibit a policy of Council. However, it is considered appropriate that a public notice is published in the local newspaper and Council’s website advising our community and stakeholders of the changes.

 

CONSIDERATIONS

 

Economic

Minimise financial cost to Council for the provision of infrastructure to support new development.

Environment

Manage the environmental health of waterways.


Social

Enables the provision of infrastructure to service community needs.


Civic Leadership

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

Legislative

Environmental Planning and Assessment Act

Local Government Act

 

 

ATTACHMENTS

 

1.         Development Contributions Land Dedication and Works in Kind Policy (Under separate cover)

2.         Works in Kind Agreement Template (Under separate cover)

3.         Planning Agreement Policy (Under separate cover)

4.         Planning Agreement Template (Under separate cover)  


75

Ordinary Meeting 27 February 2019

City Economy and Growth Report

 

EGROW 03

Flag and Banner Policy

 

Strategic Direction

Generating Opportunity

Create an attractive environment for investment

File Ref

015970.2019

Report By

Vi Girgis - Senior Officer City Precinct

Approved By

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

 

 

Executive Summary

 

The Flag and Banner Policy has been updated as part of a standard two-year review and is presented to Council for adoption.

 

The purpose of this Policy is to implement a flag and banner program to promote interest and vibrancy throughout the Liverpool LGA.

 

Council flag and banner poles are available for temporary use, by both Council and external organisations, to publicise events and activities considered appropriate by Council. External organisations can apply to use the flag and banner poles when not in use by Council.

 

 

RECOMMENDATION

 

That Council adopts the updated Flag and Banner Policy.

 

 

REPORT

 

The Flag and Banner Policy has been updated as part of a standard two-year review and presented to Council for adoption. Key elements of the Policy are outlined in this report, with the full Policy and appendices attached.

 

1.    PURPOSE AND OBJECTIVES

 

The purpose of this Policy is to implement a flag and banner program to promote interest and vibrancy throughout the Liverpool LGA. The Policy controls the administration of the flag and banner program.

 


 

 

The program is designed to:

a) promote significant events including arts, cultural, business, tourism and sporting events of public interest throughout the LGA;

b) visually enhance Liverpool LGA’s streetscape;

c) create a sense of community and a sense of place for visitors and residents; and

d) stimulate local economic activity.

 

2.    SCOPE

Council flag and banner poles are available for temporary use by Council and external organisations, to publicise events and activities considered appropriate by Council. External organisations can apply to use the flag and banner poles when not in use by Council.

 

Use of the flags and banners for promotion of Council events/publicity will take priority over all other hirers.

 

There are 169 flag and banner poles across 12 locations throughout the LGA. Details of these locations are outlined in the attached Policy.

 

3.    APPROVAL

Council receives applications from external stakeholders for the hire of flag and banner poles at times when they are not in use for Council campaigns. All applications and banner designs are assessed and approved by Council in accordance with the design guidelines outlined in the Flag and Banner Information Pack.

 

4.    KEY DATES

The flag and banner process generally involve the steps and timeframes below:

 

Step

Point in Process

Action

1

Prior to application form submission

 

Hirers contact Council for available dates

2

Approx. 4 months prior to proposed campaign date

Hirers submit application form to Council for approval

3

Approx. 7 weeks prior to confirmed installation date

Hirers submit flag and banner design to Council. Approval granted within 5 business days

4

Approx. 5 weeks prior to installation date

 

Hirers send final design to fabricators

5

Approx. 2 weeks prior to installation date

Hirers arrange delivery of flags and banners to Council’s approved contractors for installation

 

 

5.    2019 CHANGES TO POLICY

In summary the changes to the policy include:

·    structure and formatting changes;

·    new provisions relating to banners for external hirers;

·    streamlining of key dates and timeframes relating to the process, based on lessons learnt since implementation; and

·    addition of roles and responsibilities for further clarification of the process.

 

The attached Policy highlights the additions and deletions from the 2017 version of the Policy, along with comments to describe some of the changes.

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Facilitate the development of new tourism based on local attractions, culture and creative industries.

Environment

There are no environmental and sustainability considerations.


Social

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


Civic Leadership

Foster neighbourhood pride and a sense of responsibility.

Encourage the community to engage in Council initiatives and actions.

Legislative

There are no legislative considerations relating to this report.

 

 

ATTACHMENTS

 

1.         Flag & Banner Policy - reviewed February 2019

2.         Appendix A - Flag and Banner Program Information Pack

3.         Appendix B - Flag and Banner Application Form


75

EGROW 03

Flag and Banner Policy

Attachment 1

Flag & Banner Policy - reviewed February 2019

 

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101

EGROW 03

Flag and Banner Policy

Attachment 2

Appendix A - Flag and Banner Program Information Pack

 

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101

EGROW 03

Flag and Banner Policy

Attachment 3

Appendix B - Flag and Banner Application Form

 

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103

Ordinary Meeting 27 February 2019

City Economy and Growth Report

 

EGROW 04

Amendment to Part 1 Liverpool Development Control Plan 2008 - New Chapter 24 Air Quality

 

Strategic Direction

Strengthening and Protecting our Environment

Exercise planning controls to create high-quality, inclusive urban environments

File Ref

019924.2019

Report By

Luke Oste - Stategic Planner

Approved By

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

 

 

Executive Summary

 

At the Ordinary Council Meeting held on Wednesday, 26 August 2015, Council considered a report on proposed amendments to the Protection of the Environment Operations (Clean Air) Regulation 2010.

 

Council resolved to progress amendments to Council’s DCP to prohibit the installation of new or replacement solid fuel heaters within residential zones R1, R2, R3 and R4 and that new or replacement solid fuel wood heaters in Zone RU1, RU2, RU4 and R5 must have a minimum efficiency of 60% as tested in accordance with AS/NZS 4012:2014 and an emission factor of 1.5g/kg for non-catalytic and 0.8 g/kg for catalytic heaters as tested in accordance with AS/NZS 4013:2014.

 

Following consultation on the proposed amendments to the Regulations, the Government chose not to progress with the amendments in full. The proposed Schedule 9, containing a list of local government areas where solid fuel heater would be prohibited, was not advanced. However, in accordance with the resolution of Council, a DCP amendment has now been prepared which sets out Council’s desire to restrict new or replacement solid fuel heaters in the Liverpool LGA.

 

This report provides a summary of the DCP amendment and recommends that Council endorse the amendment and place it on public exhibition.

 

 

RECOMMENDATION

 

That Council:

 

1.       Endorses and places the draft amendment to the Liverpool Development Control Plan 2008 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 draft Development Control Plan should no submissions be received; or reports back to Council the details of the submissions upon conclusion of the exhibition period.

 

 

REPORT

 

BACKGROUND

 

At the Ordinary Council Meeting held on Wednesday, 26 August 2015, Council considered a report on proposed amendments to the Protection of the Environment Operations (Clean Air) Regulation 2010.

 

The Government proposed to amend the Protection of the Environment Operations (Clean Air) Regulation 2010 to include, amongst other things, a new Schedule with additional controls where Councils could choose to be listed in one or more parts of the Schedule prohibiting solid fuel wood heaters. As part of the consultation process the NSW Environment Protection Authority forwarded a survey to all NSW Councils requesting nomination of specific wood smoke control options.

 

Council noted the proposed amendments to the Regulations and also resolved to progress amendments to Liverpool Development Control Plan 2008 (DCP) to:

 

a.   Prohibit the installation of new or replacement solid fuel heaters within residential zones R1, R2, R3 and R4.

 

b.   That from 1 September 2016 new or replacement solid fuel wood heaters in zones RU1, RU2, RU4 and R5 must have:

 

i.   A minimum efficiency of 60% as tested in accordance with AS/NZS 4012:2014 and

ii.  Emission factor of 1.5g/kg for non-catalytic and 0.8g/kg for catalytic heaters as tested in accordance with AS/NZS 4013:2014.

 

Following consultation, the Government chose not to progress with the amendments in full. The proposed Schedule 9, containing a list of local government areas where solid fuel heater would be prohibited, was not advanced. However, in accordance with the resolution of Council, a DCP amendment has been prepared which clearly sets out Council’s desire to restrict new or replacement solid fuel heaters in the Liverpool LGA.

 

PROPOSED DCP AMENDMENT

 

To provide appropriate measures to manage air quality, an amendment to Part 1 of the DCP is proposed. A new section within Part 1, Section 24 – Air Quality will provide objectives and controls to appropriately manage applications for new and replacement domestic solid fuel heaters. A DCP cannot prohibit an activity, and accordingly the DCP has been worded to discourage new or replacement solid fuel heaters in the R1, R2, R3 and R4 zones, whilst providing controls for new or replacement solid fuel heaters in the rural zones. 

 

NEXT STEPS

 

Should Council endorse this amendment, the next step would be to publicly exhibit the draft DCP 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 submissions, a report will be presented to Council detailing the public submissions. In the event that no comments are received, it is recommended that Council delegate to the CEO the finalisation of the DCP amendment.

 

CONSULTATION

 

The draft DCP amendment was prepared by the Planning & Transport Strategy Department in consultation with the Community Standards Department (Environment & Health).

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

Manage air, water, noise and chemical pollution.


Social

There are no social and cultural considerations.


Civic Leadership

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

Legislative

Environmental Planning and Assessment Regulation 2000.

Protection of the Environment (Clean Air) Regulation 2010.

 

 

ATTACHMENTS

 

1.         Draft Amendment LDCP Part 1 - Chapter 24 Air Quality

2.         Council resolution 26 August 2015  


107

EGROW 04

Amendment to Part 1 Liverpool Development Control Plan 2008 - New Chapter 24 Air Quality

Attachment 1

Draft Amendment LDCP Part 1 - Chapter 24 Air Quality

 

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111

EGROW 04

Amendment to Part 1 Liverpool Development Control Plan 2008 - New Chapter 24 Air Quality

Attachment 2

Council resolution 26 August 2015

 

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111

Ordinary Meeting 27 February 2019

City Economy and Growth Report

 

EGROW 05

Liverpool Development Control Plan 2008 (Amendment 31) - Boarding House Development

 

Strategic Direction

Generating Opportunity

Meet the challenges of Liverpool’s growing population

File Ref

026190.2019

Report By

Kweku Aikins - Strategic Planner

Approved By

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

 

 

Executive Summary

 

At its meeting of 21 November 2018, Council resolved to adopt Liverpool Development Control Plan (LDCP) Amendment 31 regarding boarding house development. Public notice was given on 12 December 2018 and the DCP amendment came into force on the same day.

 

Due to an administrative error in the advertisement (which noted incorrectly the date of Council’s decision as 28 November 2018 rather than 21 November 2018), Council’s legal team have advised that the public notice is legally defective and gives rise to a risk of a legal challenge to the validity of the DCP amendment. To eliminate this risk it is recommended that Council re-adopt Amendment 31 for republication of the required notice.

 

The report considered at the 21 November 2018 Council meeting and subsequent resolution is included at Attachment 1.

 

RECOMMENDATION

 

That Council adopts Liverpool Development Control Plan 2008 (Amendment 31) to come into effect upon publication of the required notice in the local newspaper.

 

 

REPORT

 

At its meeting of 29 August 2018, Council resolved to exhibit draft LDCP Amendment 31.

 

The draft LDCP was placed on exhibition between 26 September and 23 October 2018, and two submissions were received. Following consideration of the submissions, minor changes to Amendment 31 were adopted by Council on 21 November 2018.

 

Due to an administrative error in the advertisement, a new council resolution is required so that a new public notice of Council’s decision can be published.

 

There are no changes to the DCP as adopted by Council on 21 November 2018 (Attachment 2).

 

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

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

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

State Environmental Planning Policy (Affordable Rental Housing) 2009

 

ATTACHMENTS

 

1.         Resolution & Post Exhibition Report - Boarding House DCP

2.         LDCP 2008 Part 3.9 Boarding House Development  (Amendment 31)   


113

EGROW 05

Liverpool Development Control Plan 2008 (Amendment 31) - Boarding House Development

Attachment 1

Resolution & Post Exhibition Report - Boarding House DCP

 

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119

EGROW 05

Liverpool Development Control Plan 2008 (Amendment 31) - Boarding House Development

Attachment 2

LDCP 2008 Part 3.9 Boarding House Development  (Amendment 31)

 

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143

Ordinary Meeting 27 February 2019

City Economy and Growth Report

 

EGROW 06

Proposed Amendment to Liverpool Local Environmental Plan 2008 - Rezoning of land at 4-8 Hoxton Park Road, Liverpool

 

Strategic Direction

Strengthening and Protecting our Environment

Exercise planning controls to create high-quality, inclusive urban environments

File Ref

026741.2019

Report By

David Smith - Manager Planning & Transport Strategy

Approved By

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

 

Property

4-8 Hoxton Park Road, Liverpool (Lot 1 DP 860799)

Owner

Hussein Chahine

Applicant

Architecture Design Studio (NSW) Pty Ltd

 

 

Executive Summary

 

Council has received a planning proposal to rezone land at 4-8 Hoxton Park Road, Liverpool (Lot 1 DP 860799) from B6 – Enterprise Corridor to B4 – Mixed Use.

 

The planning proposal has been submitted pursuant to Section 3.33 of the Environmental Planning and Assessment Act (EPA&A) 1979 and the proposal was referred to the Liverpool Local Planning Panel for advice in accordance with Section 2.19 of the EP&A Act.

 

The assessment of the planning proposal was undertaken by Tract Consultants on behalf of Council. That assessment determined the planning proposal has strategic and site specific merit and is consistent with Section 9.1 Directions and other relevant regional and local plans.

 

Advice was sought from the Liverpool Local Planning Panel at its meeting on 26 November 2018 in accordance with the Local Planning Panel Direction – Planning Proposals dated 23 February 2018. Following an inspection of the site and considering the assessment report, the panel provided their supporting advice that the proposal has both strategic and site-specific merit.

 

The assessment report considered by the Local Planning Panel is attached as Attachment 1. The report provides a detailed assessment of the proposal against the criteria for determining strategic and site specific merit, as required.

 

This report recommends that the planning proposal be supported in principle by Council and submitted to the Department of Planning and Environment seeking a Gateway determination and public exhibition.

 

 

RECOMMENDATION

 

That Council:

 

1.       Endorse the planning proposal to rezone 4-8 Hoxton Park Road, Liverpool from B6 – Enterprise Corridor to B4 – Mixed Use, subject to a detailed site contamination investigation being prepared;

 

2.       Notes further discussions with the proponent will occur regarding a voluntary planning agreement offer for public domain improvement works and other transport related works that the proponent has outlined in their Urban Design report;

 

3.       Forwards the planning proposal to the Department of Planning and Environment, pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination;

 

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

 

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

 

6.       Notify the applicant of Council’s decision.

 

Report

 

Site Context

 

This planning proposal is site specific and relates to Lot 1 DP 860799, at 4-8 Hoxton Park Road, Liverpool. The site is approximately 1.2km south-west of the Liverpool train station.

 

The site is on the western edge of the Liverpool City Centre, at the intersection of Hoxton Park Road and Gillespie Street, near the intersection of the Hume Highway and Hoxton Park Road. The site is immediately adjacent to 311 Hume Highway which was rezoned from B6 Enterprise Corridor to B4 Mixed Use pursuant to LLEP 2008 (Amendment 60) on 19 May 2017. The site is rectangular with frontages to Hoxton Park Road to the north and Gillespie Street to the west. The site covers an area of 1,680m2 and has a street frontage of approximately 47 metres to Gillespie Street and 35.5m to Hoxton Park Road.

 

The site can be characterised by the land uses surrounding it. The site immediately adjacent (to the East and the South) is 311 Hume Highway, which was rezoned to B4 to enable the development of a predominately residential development with ground floor retail functions.

 

Other land uses include B6 – Enterprise Corridor uses along the Hume Highway south of the site and R4 – High Density Residential uses along Hoxton Park Road, to the west of the site. Both the Hume Highway and Hoxton Park Road are classified roads under the care and control of Roads and Maritime Services (RMS).

 

The adjoining properties are:

 

East (side)

311 Hume Highway (B4 Mixed Use)

West (side)

10 Hoxton Park Road (R4 High Density Residential) / Gillespie Street

South (rear)

311 Hume Highway (B4 Mixed Use)

North (front)

Woodward Park (RE1 Public Recreation)/ Hoxton Park Road

 

 

Figure 1: 4-8 Hoxton Park Road, Liverpool site locality

 

Proposal

 

The planning proposal seeks a spot rezoning from B6 – Enterprise Corridor to B4 – Mixed Use and a change to the built form development controls. The proposed amendments to the zoning, height of building and floor space ratio development standards provides an opportunity for the development of the site in a similar, but smaller, manner to 311 Hume Highway.

Figure 10: 311 Hume Highway (tower to the left), 4-8 Hoxton Park Road (smaller tower to the right)

 

This planning proposal proposes a transition between 311 Hume Highway and adjacent residential zones to the west and is the natural bookend for the City Centre opposite Woodward Park.

 

The key differences between the planning proposal for 311 Hume Highway and this proposal are:

 

Liverpool Local Environmental Plan 2008 Amendment 60 (311 Hume Highway, Liverpool)

4-8 Hoxton Park Road, Liverpool Proposed Amendment to the Liverpool Local Environmental Plan 2008

Rezone from B6 Enterprise Corridor to B4 Mixed Use

Rezone from B6 Enterprise Corridor to B4 Mixed Use

Increase the maximum height of buildings development standard from 24 metres and 45 metres to 25 metres and 100 metres

Increase the maximum height of buildings development standard from 24 metres to 50 metres

Increase the maximum floor space ratio development standard from 2.5:1 to 6:1

Increase the maximum floor space ratio development standard from 2.5:1 to 5:1

Remove the site from the Key Sites map

Remove the site from the Key Sites map

Amended Schedule 1 Additional Permitted Uses to allow residential dwellings to be provided on the ground floor on the site, subject to provisions for non-residential floor space and active street frontage

No amendments to Schedule 1

 

Planning Assessment

 

The planning assessment report is contained in Attachment 1. It provides a detailed assessment of the merits of the proposal against the District and Region Plans and the Department of Planning’s ‘Guide to Preparing Planning Proposals’. The report’s conclusion is that the planning proposal has strategic and site specific merit and should proceed to a Gateway determination, subject to a detailed Phase 2 Site Contamination Assessment.

 

Local Planning Panel

 

The proposal was presented to the Liverpool Local Planning Panel at its meeting on 26 November 2018 for advice.

 

The Local Planning Panel advice is contained in Attachment 2. The Panel’s key comments were:

 

The panel is supportive of the proposal for the following reasons:

 

·    The proposal is consistent with state and local strategies;

·    There is strategic merit to support the proposal;

·    The proposal demonstrates site specific merit;

·    The urban design and built form considerations for this proposal are consistent with the assessment that was undertaken for the adjoining 311 Hume Highway planning proposal.

 

The panel recommends the planning proposal be allowed to proceed to Gateway determination subject to the following considerations:

 

·    That a voluntary planning agreement is entered into between the proponent, council and the RMS for necessary road improvements to support future development under the planning proposal;

·    That consideration is given to whether there is any benefit to the re-opening of Gillespie Road;

·    Consideration is given to the appropriate zoning of the Gillespie Road road Reserve adjacent to the subject planning proposal.

 

Officer Comment on LPP Advice

 

During public agency consultation, the RMS will be consulted and their views considered, including impacts of this proposal on the Hume Highway / Hoxton Park Road intersection and the potential for a monetary contribution to be required to part fund an upgrade of this intersection. 

 

There is an existing provision in the LLEP 2008 (Clause 6.4A) that requires arrangements to be made for designated State public infrastructure in intensive urban development areas. If required, this Clause could be amended to include this site and would be the mechanism for any such contribution that RMS may require the proponent to make.

 

The proponent has stated in their urban design submission that the proposal will make public domain improvements which Council officer’s consider should be secured through a voluntary planning agreement. This may include public domain improvements including widened footpaths, bike or shared path, street trees, public seating areas, through site links, and public gathering spaces. Council will also consider opportunities for a monetary contribution from the proponent to part fund works to improve pedestrian crossing points on the Hume Highway, improve connectivity with the Liverpool City Centre.

 

During a post gateway period, Officers will ensure the zoning of the Gillespie road reserve aligns with the neighbouring zones, for consistency.

 

Consistency with Community Strategic Plan

 

Our Home Liverpool 2027

 

Council’s Our Home, Liverpool 2027 provides strategic directions that have been identified by the community and the measures that will allow Council to determine progress towards achieving them. The four key directions are: creating connection, strengthening and protecting our environment, generating opportunity and leading through collaboration. The planning proposal aligns predominately with the second and third directions which states:

 

Liverpool Council will:

·    Exercise planning controls to create high-quality, inclusive, urban environments

·    Develop, and advocate for, plans that support safe and friendly communities

·    Meet the challenges of Liverpool’s growing population

·    Attract businesses for economic growth and employment opportunities

·    Create an attractive environment for investment

The planning proposal is in general supportive of these goals. The rezoning and amended planning controls would ultimately deliver (subject to further development assessment) a mixed use development to contribute additional employment and housing within the area. The planning proposal provides additional supply of residential apartment dwellings in an area that has access to the adjacent parklands and community facilities.

 

In comparison to the existing B6 zone, rezoning the site to B4 (Mixed Use) provides a more appropriate transition between the high density, mixed use City Centre zoning and the R4 (High Density Residential) zoning to the west of the site.

 

Consultation

 

During the assessment of the planning proposal, consultation was undertaken with Council’s City Economy, Traffic and Transport and Environment and Health Departments.

 

Council’s traffic engineers have identified that the proposal will impact the performance of the Hume Highway / Hoxton Park Road intersection and that a contribution to its upgrade is required. As stated above, this will be discussed with the RMS and if required, the existing LEP clause requiring satisfactory arrangement for designated State public infrastructure can be amended to include this site.

 

City Economy supports the proposal as it will provide additional mixed use development and the creation of additional jobs as well as a more appropriate land use and interface between the existing B4 and R4 zones.

 

Environment & Health identified that a Stage 2 Detailed Site Contamination assessment is required to support the rezoning. The recommendation to support this planning proposal is conditional on the proponent preparing a detailed site contamination investigation to ensure the requirements of SEPP 55 are met.

 

Conclusion

 

The planning proposal has strategic and site-specific merit. It is recommended that the planning proposal be supported by Council in principle and be forwarded to the Department of Planning & Environment for a Gateway determination and public exhibition.

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

There are no environmental and sustainability considerations.


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.

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

Legislative

Environmental Planning and Assessment Act 1979.

 

 

 

ATTACHMENTS

 

1.         Local Planning Panel Council Officer's Report (Under separate cover)

2.         Advice of the Liverpool Local Planning Panel  (Under separate cover)

3.         Planning Proposal (Under separate cover)

4.         Urban Design Report (Under separate cover)

5.         Traffic Impact Assessment Report (Under separate cover)

6.         Social Impact Assessment (Under separate cover)

7.         Economic Assessment Report (Under separate cover)

8.         Preliminary Site Investigation (Under separate cover)  


155

Ordinary Meeting 27 February 2019

City Economy and Growth Report

 

EGROW 07

Post exhibition report Liverpool Local Environmental Plan 2008 - Draft Amendment 54 (Reclassification of Community Land and rezoning of Part Lot 10 DP 1162812) Hammondville Park, Hammondville

 

Strategic Direction

Strengthening and Protecting our Environment

Exercise planning controls to create high-quality, inclusive urban environments

File Ref

027246.2019

Report By

Kweku Aikins - Strategic Planner

Approved By

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

 

 

Executive Summary

 

At its Ordinary Meeting on 24 March 2015, Council resolved to support a planning proposal to amend the Liverpool Local Environmental Plan 2008 (LLEP 2008) by reclassifying a portion of land under Council ownership from ‘Community’ to ‘Operational’ at Hammondville Park, Hammondville. Council also resolved to rezone the subject portion of land from RE1 Public Recreation to a combination of RE2 Private Recreation and B6 Enterprise Corridor and submit the proposal to the Department of Planning and Environment (DPE) for Gateway determination.

 

At its Ordinary Meeting on 29 August 2018, Council resolved to amend the planning proposal to increase the extent of the RE2 zone and reduce the area of the proposed B6 zone. The amendment to the planning proposal was designed to cater for the possible expansion of Moorebank Sports Club by retaining a greater portion of RE2 Private Recreation zoned land rather than B6 Enterprise Corridor. 

 

This report updates Council on the Gateway determination issued for the planning proposal, also known as Draft Amendment 54 and the results of the public exhibition and community consultation undertaken in support of the amendment including the public hearing.

 

It is recommended that Council support the making of Amendment 54 and forward the proposal to the DPE for finalisation.


 

 

 

RECOMMENDATION

 

That Council:

 

1.    Note the Gateway determination for draft Liverpool Local Environmental Plan 2008 (Amendment 54) and the results of public exhibition and community consultation;

 

2.    Support the making of Amendment 54 and forward the planning proposal and supporting documentation to the Department of Planning and Environment for finalisation; and

 

3.    Advise those who made a submission and attended the public hearing of Council’s decision.

 

 

Report

 

Draft Amendment 54 was prepared as a result of previous Council resolutions from meetings on 17 December 2014, 24 March 2015 and 17 July 2015 where it was resolved to commence the process of reclassification and seek a Gateway determination from DPE.

 

Specifically, the proposed amendment to the LLEP 2008 reclassifies, from ‘Community’ to ‘Operational’, a portion of the following parcel of land:

 

·    Heathcote Road, Hammondville (Part Lot 10 DP 1162812)

 

In addition to the reclassification, the amendment also seeks to rezone the subject portion of land from RE1 Public Recreation to a combination of RE2 Private Recreation and B6 Enterprise Corridor, with associated controls for Floor Space Ratio of 1:1, Building Height of 15m and Minimum Lot size of 10,000sqm (RE2) and 2000sqm (B6).

 

Gateway determination

 

Gateway determination (Attachment 1) was received on 24 September 2015 and required the following actions.

 

1)   Prior to exhibition, Council is to submit an Acid Sulfate Soils study to the Department and consult with the NSW Rural Fire Service in order to satisfy Section 9.1 Directions 4.1 (Acid Sulfate Soils) and 4.4 (Planning for Bushfire Protection);

 

2)   The planning proposal must be made publicly available for a minimum of 28 days, in accordance with Section 3.34(2)(c) and Schedule 1 of the Environmental Planning and Assessment Act 1979 (the Act); and

 

3)   The following public authorities are to be provided a copy of the planning proposal and relevant supporting material, and given at least 21 days to comment on the proposal, in accordance with Section 3.34(2)(d) of the Act:

a)   Department of Primary Industries – Lands

b)   Transport for NSW – Roads and Maritime Services;

c)   Endeavour Energy

d)   NSW Office of Environment and Heritage;

e)   Sutherland Shire Council;

f)    Sydney Water; and

g)   Telstra

Alteration of planning proposal

 

At its Ordinary Meeting on 29 August 2018, Council resolved to amend the planning proposal to extend the RE2 zone as shown in Figure 1 below.

 

Figure 1: Previous proposed zoning (left) and current proposed zoning following amendments (right).

 

On 21 September 2018 Council sent a letter to the DPE requesting that the Gateway determination be amended in accordance with Council’s resolution of 29 August 2018. On 5 November 2018 the DPE advised Council that a formal alteration of the Gateway determination is not required. 

 

Consultation

 

Public authority consultation

 

In accordance with the Gateway determination, the public authorities were forwarded a copy of the planning proposal and provided at least 21 days to comment on the planning proposal (between 3 February 2016 and 26 February 2016). Summaries of each public authority submission and the officer response are listed in Table 1 below and included in Attachment 2.

 

Although most comments were received prior to the amendment of the planning proposal, the public authorities have indicated that any issues can be resolved at Development Assessment stage (i.e. height of building, traffic, water supply and bushfire concerns). 

 

Tale 1: Public authority comments

Public authority

Summary of submission

Officer comments

Department of Primary Industries –Landuse Planning, Education and Regional Services, Agriculture NSW

No objections to the planning proposal.

No action required.

Endeavour Energy

No submission.

No action required.

Office of Environment and Heritage

No objections to the planning proposal. Notes that further assessment of flood prone lands will be addressed at the Development Assessment stage, and the requirement for consistency with s9.1 Direction 4.3: Flood Prone Land.

Agreement obtained from the Secretary of the Department of Planning and Environment that the inconsistency with s9.1 Direction 4.3: Flood Prone Land is of minor significance. No further action required.

Rural Fire Service

No objections to the planning proposal. Further consideration of bushfire prone land will be addressed at the Development Assessment stage.

No action required.

Roads and Maritime Services

Requested a traffic impact study be prepared as the proposed zone change will increase traffic generation potential and is likely to have significant impact on the surrounding road network.

Traffic impact study was reviewed by the RMS who raised no objections, subject to the implementation of traffic upgrades at the Heathcote Road/Infantry Parade intersection.

Sutherland Shire Council

No submission.

No action required.

Sydney Water

No objections to the planning proposal. Further considerations of water and wastewater mains will be required at the Development Assessment stage.

No action required.

Telstra

Noted that any redevelopment above 23m will create issues for the mobile communication tower located at 230 Heathcote Road, Hammondville.

Maximum height of building control is proposed to be 15m. No action required.

 

Public exhibition

 

In accordance with the Gateway determination, the planning proposal was placed on public exhibition from 21 November 2018 to 21 December 2018. Notification included notices on the Council website and in the Liverpool Leader, letters to neighbouring landowners and occupiers, and posters in Council’s administration centre and Moorebank library.

 

Council received 13 submissions, including 11 objections. Summaries of each submission and the officer response are listed in Table 2 and original copies are included in Attachment 3. No changes are proposed to the planning proposal as a result of community consultation.

 

Table 2: Community submissions and officer response (O: Objection, S: Support)

No.

Issues raised   

Officer comments

S1

Supports proposal. However, will there be any alternative arrangements to ensure that adequate car parking is provided for the sporting fields?

Support noted.

 

At this stage it is not proposed to alter any car parking arrangements as the proposal only intends to rezone the carpark from RE1 Public Recreation, to a combination of RE2 Private Recreation and B6 Enterprise Corridor. Any proposed changes to car parking will need to be considered as part of a future Development Application (DA) for which car parking will need to be provided in accordance with Council development controls.

Suggests that all easements on the site remain in situ, should the land be subdivided along the zoning boundaries.

The proposal only intends to rezone the carpark from RE1 Public Recreation, to a combination of RE2 Private Recreation and B6 Enterprise Corridor. Any proposed subdivision will need to be considered as part of a future DA in which restrictions on title may be imposed in accordance with any conditions of consent.

S2

Supports proposal as it is close to Holsworthy train station and the M5, thereby opening more potential local employment opportunities.

Support noted.

Suggests that an overhead bridge is built across Heathcote Road connecting Holsworthy and Hammondville Oval. This should help people movement between Moorebank Sports Club and new upcoming B6 area. This should also reduce waiting time to cross Heathcote Road using road traffic signal.

Heathcote Road is a classified road and it is administered by the NSW Roads and Maritime Services (RMS). The RMS is proposing to upgrade Heathcote Road. The road upgrades will be carried out over the coming years, and the construction of an overhead bridge is not planned.

O1

If council has enough funds to build the new chambers and high rises associated with that, then I can only surmise that the RE2 is not necessary and council can fund community infrastructure for the Holsworthy and wider community.

This proposal intends to change the statutory controls that apply to the site. Rezoning part of the land to RE2 Private Recreation will expand the range of recreational activities available on site while retaining the existing playing fields and sports club.

The imminent upgrade of Heathcote Rd and the B6 Enterprise Corridor may cause more traffic related problems then what it is worth. The advent of Holsworthy town centre may make this a poor allocation of public land.

(If McDonalds or the like is to move in, it will attract unwanted consequences for the local community to have to deal with)

The Heathcote Road upgrade is being delivered by the RMS and will improve traffic flows within the vicinity of the site. The vacant site for the Holsworthy town centre is zoned B2 Local Centre which will enable a different retail mix than that of a RE2 or B6 zone.

 

Any future development will be considered as part of a future DA in which members of the public will be given opportunities to provide comments as part of that process.

O2

It is Community land and should remain so. It does not need to be rezoned.

One of Council’s key strategic directions is to generate greater opportunities throughout the city. The objectives of this direction are to attract investment, enable job creation, and encourage businesses to grow and innovate.

 

The site was identified by the former Liverpool Master Steering Committee as having potential for a higher and better use than its current use as a car park and vacant land. The proposal has been amended to reduce the extent of B6 zoned land and to increase the extent of RE2 land in order to cater for more recreational facilities.

O3

There is not enough information about the effects of reclassification i.e. exactly what building development is planned and where. There have already been many mature trees cut down here, and even more nearby - does this mean more will go?

The proposal only intends to change the statutory controls that apply to the site. Details of the rezoning were available on Council’s website, and in the administration centre and Moorebank Library during the exhibition period and further questions were answered during the Public Hearing.

 

Any future development will be considered as part of a future DA in which members of the public will be given opportunities to provide comments as part of that process.

Will the new developments restrict access from Keato Avenue? The limited information given on the proposal is inadequate to make a decision - perhaps more details could be made available for public viewing.

The proposal only intends to change the statutory controls that apply to the site. Details of the rezoning were available on Council’s website, and in the administration centre and Moorebank Library during the exhibition period and further questions were answered during the Public Hearing.

 

The rezoning will only affect the extent of the Hammondville Park carpark which is approximately 210m southeast of Keato Avenue at its nearest point. Any future works proposed within the area encompassing the current car park will not encroach upon Keato Avenue. Therefore, there will be no impact on existing access arrangements to and from Keato avenue. In addition, any future development will be considered as part of a future DA in which members of the public will be given opportunities to provide comments as part of that process.

O4

Liverpool and surrounding suburbs are being over developed. We are losing green spaces and it is getting very congested. We want our suburbs to remain suburbs, we do not want to be mini cities.

Future development outcomes are currently being addressed as part of Council’s accelerated LEP review. The LEP review may result in a potential revision of zoning boundaries, height limits and permissible land uses throughout various localities within the LGA.

 

Council has also adopted a Recreation, Open Space and Sports Strategy which aims to improve the delivery of recreational opportunities through a collaborative decision making processes.

O5

There is no capacity in the area for any additional traffic this proposal will generate. Heathcote Road the only access to many suburbs in the area and it already suffers from traffic congestion.

An independent traffic study has been reviewed by Council’s traffic engineers and the RMS, who raised no objections, subject to the implementation of traffic upgrades at the Heathcote Road/Infantry Parade intersection.

Changing to private will only increase the family expenses or reduce their recreation activities.

The rezoning only intends to change the statutory controls that apply to the site. Rezoning part of the land to RE2 Private Recreation will expand the range of recreational activities available on site while retaining the existing playing fields and sports club.

O6

Public land should not be sold out for short term monetary gain that will see the local community having to pay to use public land.

The rezoning only intends to change the statutory controls that apply to the site. Rezoning part of the land to RE2 Private Recreation will expand the range of recreational activities available on site while retaining the existing playing fields and sports club.

O7

A multi-level car park may increase the influx of people from other suburbs into Hammondville and Holsworthy.

The subject proposal would rezone the carpark of the subject site from RE1 Public Recreation, to a combination of RE2 Private Recreation and B6 Enterprise Corridor. Any proposed car parking would be considered as part of a future DA in which parking and traffic impacts of any development proposal would be assessed.

Supports any community infrastructure e.g. aquatic centre, child care etc.

Noted.

O8

We do not need less recreational space in our area, but more. Our area is already populated enough. Roads are congested enough!

The proposal will not reduce the amount of recreational space. The rezoning is limited to the carpark of the site in which part of the carpark would be rezoned to RE2 Private Recreation to permit a greater range of recreational uses.

O9

There is too much development in the Liverpool LGA with high rise and commercial development. We need to keep recreation and green areas.

Future development outcomes are currently being addressed as part of Council’s accelerated LEP review. The LEP review may result in a potential revision of zoning boundaries, height limits and permissible land uses throughout various localities within the LGA.

 

Council has also adopted a Recreation, Open Space and Sports Strategy which aims to improve the delivery of recreational opportunities through a collaborative decision making processes.

O10

Community needs all the car parking spaces available for large sporting events such as grand finals etc. Not enough space to park when these events are on. Cars then park along Heathcote Road which is unsafe especially families with children.

There will be no net loss of parking spaces. The proposal would rezone the carpark from RE1 Public Recreation to a combination of RE2 Private Recreation and B6 Enterprise Corridor. Any future car parking requirements would be addressed through any future DAs.

Sports club doesn't need a pool. Will only encourage families to leave their kids in the pool unattended while they drink in the club.

The proposal only intends to rezone the carpark of the subject site from RE1 Public Recreation, to a combination of RE2 Private Recreation and B6 Enterprise Corridor. Any proposal for an aquatic centre will be subject to a future DA in which the social and economic implications must be assessed.

O11

Proposal cannot be progressed as an Economic Impact Assessment has not been prepared. Cannot discern if future development of the B6 zoned land will have any impacts on existing and future retail centres at Holsworthy, Wattle Grove, Moorebank and Hammondville.

Originally, it was proposed that the B6 zone would comprise an area of approximately 2.42ha. The original proposal was forwarded to the DPE for their assessment.

 

The DPE subsequently issued a Gateway Determination that required Council officers to prepare an Acid Sulfate Soils study and liaise with the NSW Rural Fire Service prior to public exhibition. There was no requirement to conduct an Economic Impact Analysis.

 

Since receiving the Gateway Determination, Council resolved to reduce the area of land zoned B6 zone to approximately 1.17ha. The area of the proposed B6 zone is less than that of the proposed Holsworthy Town Centre (1.8ha) and existing shopping centres at Wattle Grove (1.98ha) and Moorebank (4.84ha).

 

Retail offerings in the B6 zone are limited, as the zoning imposes restrictions on the floor area of retail land uses.  Retail offerings in the B2 Local Centre zones at Holsworthy, Moorebank and Wattle Grove have no restrictions on their floor area.

 

Public Hearing

 

A public hearing is required to take place after the conclusion of the public exhibition period for any planning proposal involving the reclassification of land. The purpose of a public hearing is to obtain an independent record of feedback received from the community. In accordance with Section 29 of the Local Government Act 1993, a public hearing was held on Thursday 31 January 2019 at 6pm in the Purple Room, Liverpool City Library.

 

In accordance with Section 47G of the Local Government Act 1993 an independent facilitator (i.e. not employed by Council) must preside over the public hearing. All comments from those attending were noted by the independent facilitator and following the public hearing, the facilitator’s report was provided to Council and published on Council’s website and included with this report (Attachment 4).

 

JOC Consulting were engaged by Council to facilitate the hearing and prepare the required report. Eleven members of the public attended the public hearing. Four made verbal objections against the rezoning and six provided comments and asked questions. The issues raised at the public hearing include:

 

·    Impact of future planning and Council decisions if the reclassification is approved and the area is developed

·    Concern for the potential loss of public access to open spaces

·    Loss of public open space and removal of trees (without being replaced)

·    Impact of the widening of Heathcote Road on the site with potential loss of open space

·    Noise as a result of future development

 

Specific questions raised at the hearing were addressed as follows:

 

Table 3: Verbal questions and response

Questions raised   

Response

Why can’t Council build community recreational facilities on the site under the current zoning?

Although community and recreational facilities are permissible under the current RE1 zoning, the proposed RE2 and B6 zones offer a greater range of land uses such as function centres, hotel or motel accommodation and registered clubs to complement the community uses.

What’s the real reason why Council is rezoning the land?

The site has been identified by the Liverpool Master Planning Steering Committee as having potential for a higher and better use than its current use as car parking and vacant land.

Once the land is reclassified and rezoned, can the land be sold to a private developer?

At this stage there are no plans to dispose of the land. However, once reclassified, it is open to Council to decide whether it retains ownership of the land.

As a result of the reclassification and rezoning, can development occur on open space?

The playing fields are not proposed to be rezoned.  Any future development will need a development application and will need to comply with current controls and legislation.

How many storeys will be allowed in the zones?

A 15m height limit applies across the B6 and RE2 zones.  This would allow buildings of 3 to 5 storeys depending on the built form of the development. 

What does 1:1 FSR mean?

‘FSR’ means Floor Space Ratio. The ‘FSR’ is a ratio of the floor space within a building to the land area of any development site.

 

For example, a building with a floor area of 1000sqm, on a development site of 1000sqm will have a FSR of 1:1. A building with a floor area of 200sqm, on a development site of 400sqm will have a FSR of 0.5:1.

What kinds of development are allowed in the B6 and RE2 zones?

Some of the land uses permitted in the B6 zone include: business premises; car parks; commercial premises; community facilities; educational establishments; entertainment facilities; environmental facilities; function centres; hotel or motel accommodation; information and education facilities; recreation areas; recreation facilities (indoor); recreation facilities (outdoor) and registered clubs. 

 

Some of the land uses permitted in the RE2 zone include: car parks; caravan parks; centre-based child care facilities; community facilities; entertainment facilities; environmental facilities; function centres; hotel or motel accommodation; information and education facilities; kiosks; recreation areas; recreation facilities (indoor); recreation facilities (major); recreation facilities (outdoor); registered clubs; respite day care centres and water recreation structures.

Will the public open space next to the site remain untouched?

The proposal will not affect any of the existing playing fields.

Will the native vegetation on and next to the site remain untouched?

The proposal only intends to rezone the carpark from RE1 Public Recreation, to a combination of RE2 Private Recreation and B6 Enterprise Corridor. At this stage there are no plans to remove any vegetation. However, should vegetation removal be proposed it will be assessed as part of any future DA.

If the proposed reclassification is approved, how will access throughout the site change?

The reclassification of land will not affect access arrangements on the site. Any changes to access arrangements contemplated during future development will be assessed as part of any future DA.

How will the widening of Heathcote Road impact the site and surrounding vegetation?

The Heathcote Road upgrade is managed by RMS for which the road will be widened to four lanes from where it currently converges into a two-lane road in front of Hammondville Park. It is not envisioned that the removal of any significant trees will be required to facilitate the road works. The proposal was also referred to the RMS for their comments, and they raised no objections to the proposal, subject to the implementation of traffic upgrade at the Heathcote Road/infantry Parade intersection.

Is there a quota that influences Council’s decision, i.e. does the number of submissions hold more weight in the council’s decision?

No, there are no quotas in relation to submissions. All individual submissions are considered equally as part of the assessment and decision making process. 

Will the community be able to voice their opinions on any future development that may occur on the site?

Any future development will be subject to a DA, notified in accordance with Council requirements, inviting submissions from the community.

 

When is the proposal going to Council?

Participants were told that the proposal would be presented to Council at the meeting of 27 February 2019.

 


 

Conclusion

 

Public exhibition and community consultation, including a Public Hearing for Draft Amendment 54 has been undertaken in accordance with the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993. All submissions received have been addressed in this report. There are no post exhibition changes proposed. 

 

This report recommends that Council support the making of Draft Amendment 54, and submit the planning proposal and supporting documentation to the DPE for finalisation.

 

This report also recommends that those who made submissions and attended the Public Hearing on Draft Amendment 54 be notified of Council’s decision.

 

CONSIDERATIONS

 

Economic

Manage Council owned assets efficiently.

Environment

There are no environmental and sustainability considerations.


Social

Optimise delivery of community facilities.


Civic Leadership

Encourage the community to engage in Council initiatives and actions.

Legislative

Environmental Planning and Assessment Act

Local Government Act (ss29)

 

ATTACHMENTS

 

1.         Gateway Determination (Under separate cover)

2.         Public Authority Submissions (Under separate cover)

3.         Public Submissions (Under separate cover) - Confidential

4.         Public Hearing Report (Under separate cover)  


155

Ordinary Meeting 27 February 2019

City Economy and Growth Report

 

EGROW 08

Responses to Advocacy, Liverpool's Time is Now

 

Strategic Direction

Strengthening and Protecting our Environment

Exercise planning controls to create high-quality, inclusive urban environments

File Ref

029692.2019

Report By

David Smith - Manager Planning & Transport Strategy

Approved By

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

 

 

Executive Summary

 

Council at its Ordinary meeting of 25 July 2018 resolved following a Notice of Motion:

 

That Council:

 

1.   Write to Premier and Minister for Transport requesting the NSW State Government to:

a.  Amend the Future Transport strategy to include a scoping study for a metro from Liverpool to the Airport with the route to go through 2168.

 

b.  Dedicate more resources to natural gas powered bus services, including the T Way, and for more services and more routes, with a particular focus on new release areas.

 

2.   Lobby all sides of politics on this issue with the goal of them making it a priority;

 

3.   Write to all MP’s (Federal and State) asking for their support and provide a report back to Council in 2 months with their positions;

 

4.   Write to Canterbury Bankstown Council and Fairfield Council seeking their support for the campaign and ask them to join us;

 

5.   Commission a report into the economic and social benefits of doing so; and

 

6.   Allocate the necessary funds required to do so.

 

This report updates Council on the responses received to correspondence sent by Council. Council is currently in the procurement phase of commissioning a report into the economic and social benefits of extending the metro from Bankstown to Liverpool and Western Sydney Airport, through the 2168 area and Council will be updated on the timeframes and budget implications before a consultant is appointed.

 

 

RECOMMENDATION

 

That Council receive and note this report.

 

 

REPORT

 

In September 2018, Council wrote to the following State and Federal Members of Parliament

 

1.    The Hon Gladys Berejiklian – Premier of NSW

2.    The Hon Andrew Constance MP – Minister for Transport and Infrastructure

3.    Mr Chris Patterson MP – State Member for Camden

4.    Mr Paul Lynch MP – State Member for Liverpool

5.    Mr Anoulack Chanthivong MP – State Member for Macquarie Fields

6.    Ms Tanya Davies MP – State Member for Mulgoa

7.    Ms Melanie Gibbons MP – State Member for Holsworthy

8.    Mr Angus Taylor MP – Federal Member for Hume

9.    Ms Anne Stanley MP – Federal Member for Werriwa

10. Mr Craig Kelly MP – Federal Member for Hughes

11. Mr Chris Hayes MP – Federal Member for Fowler

12. Dr Michael Freelander MP – Federal Member for Macarthur

 

Of the 11 letters sent, Council has received six replies from:

 

1.    Jonathan O’Dea MP, Parliamentary Secretary to the Premier and Treasurer who replied on behalf of the Premier advising that as the matters raised fall under the primary responsibility of The Hon Andrew Constance MP, Minister for Transport and Infrastructure that Councils correspondence has been forwarded to the Minister (Attachment 1);

 

2.    Mark Coure MP, Parliamentary Secretary for Transport and Infrastructure, replied to Mr Chris Patterson MP, Member for Camden advising Mr Patterson that the NSW Government understands that transport links for the Western Sydney Airport are critical to ensuring that the local community benefit from the opportunities the airport offers and outlines existing initiatives in Future Transport 2050 including the Leppington to Badgerys Creek rail extension and advising that Transport for NSW would welcome further discussions with Council on the potential for a rapid transit corridor along Hoxton Park Road and Fifteenth Ave (Attachment 2);

 

3.    Chris Patterson MP, Member for Camden; thanking Council for its letter and advising that Council’s letter has been forwarded to The Hon Andrew Constance MP, Minister for Transport (Attachment 3).

 

4.    Tanya Davies MP, Member for Mulgoa thanking Council for its letter and advising that Council’s letter has been forwarded to The Hon Andrew Constance MP, Minister for Transport (Attachment 4).

 

5.    Paul Lynch MP, Member for Liverpool who advised that he does not support the South West Metro and has no intention of supporting the further proliferation of high rise buildings that would likely result from the metro if it were extended through 2168 and 2170 and neighbouring areas. He suggests that Council should focus its efforts with the current State and Federal Governments on progress with the south west rail link and its direct connection with the airport (Attachment 5)

 

6.   Anoulack Chanthivong MP, Member for Macquarie Fields advised that NSW Labor’s position is to prioritise the Metro West line, diverting funds from the Northern Beaches road tunnel and the flawed South West metro. He further advised that Federal Labor has committed $6 billion to build the Metro West and a rail line to Western Sydney Airport. This includes the extension of the South West Rail Link to connect Liverpool to Sydney's second airport (Attachment 6).

 

On 20 November 2018, in response to the letter from Mark Coure MP, Council’s CEO sent an email to Transport for NSW following up on the offer for discussion on the rapid transit corridor along Hoxton Park Road / Fifteenth Ave.

 

Follow up letters are being prepared to those Members of Parliament that have not responded to Council’s original letter.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

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

 

Legislative

There are no legislative considerations relating to this report.

 

 

ATTACHMENTS

 

1.         Letter from Jonathan O'Dea MP Parliamentray Secretary to the Premier and Treasurer

2.         Letter from Mark Coure MP Parliamentary Secretary for Transport and Infrastructure

3.         Letter from Chris Patterson MP Member for Camden

4.         Letter from Tanya Davies MP Member for Mulgoa

5.         Letter from Paul Lynch MP member for Liverpool

6.         Letter from Anoulack Chanthivong MP - Member for Macquarie Fields

7.         Council letters to MPs


161

EGROW 08

Responses to Advocacy, Liverpool's Time is Now

Attachment 1

Letter from Jonathan O'Dea MP Parliamentray Secretary to the Premier and Treasurer

 

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Responses to Advocacy, Liverpool's Time is Now

Attachment 2

Letter from Mark Coure MP Parliamentary Secretary for Transport and Infrastructure

 

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EGROW 08

Responses to Advocacy, Liverpool's Time is Now

Attachment 3

Letter from Chris Patterson MP Member for Camden

 

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165

EGROW 08

Responses to Advocacy, Liverpool's Time is Now

Attachment 4

Letter from Tanya Davies MP Member for Mulgoa

 

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163

EGROW 08

Responses to Advocacy, Liverpool's Time is Now

Attachment 5

Letter from Paul Lynch MP member for Liverpool

 

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167

EGROW 08

Responses to Advocacy, Liverpool's Time is Now

Attachment 6

Letter from Anoulack Chanthivong MP - Member for Macquarie Fields

 

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Responses to Advocacy, Liverpool's Time is Now

Attachment 7

Council letters to MPs

 

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187

Ordinary Meeting 27 February 2019

Chief Executive Officer Report

 

CEO 01

Biannual Progress Report July – December 2018

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

021986.2019

Report By

Claudia Novek - Senior Corporate Planner

Approved By

Kiersten Fishburn - Chief Executive Officer

 

 

Executive Summary

 

The Biannual Progress Report provides an overview of Council’s performance against the key services that were scheduled for the July to December 2018 period in the Delivery Program and Operational Plan 2018-19.

 

The report outlines Council’s operational achievements and provides updates and information on the actions that occurred during the period. This is the first progress report for 2018-19 and has been prepared in line with the Office of Local Government Integrated Planning and Reporting Guidelines.

 

 

RECOMMENDATION

 

That Council notes and receives the Biannual Progress Report which outlines the progress of the actions detailed in the Delivery Program and Operational Plan 2018-19.

 

 

REPORT

 

On 26 April 2017, Council adopted the Community Strategic Plan Our Home, Liverpool 2027.

 

Our Home, Liverpool 2027 outlines the community vision and priorities for Liverpool. The Plan was developed following extensive community engagement and contains four key directions that guide Council’s operations and services for the next ten years.

 

Council’s 4-year Delivery Program and Operational Plan 2018-19 (including the Budget) details the principal activities (or actions) that Council will endeavor to deliver towards achieving the community vision outlined in Our Home, Liverpool 2027.

 

Each principal activity includes several key performance indicators (KPIs) and milestones, including those for the 2018-19 financial year which make up Council’s annual Operational Plan. The Delivery Program and Operational Plan are presented in a combined document.

 

Upon adoption in June 2018, Council determined to deliver 110 principal activities as part of its 4-year Delivery Program and 1-year Operational Plan for 2018-19.

 

Section 404(5) of the Local Government Act 1993 requires the Chief Executive Officer to ensure that a progress report is provided to Council at least every six months. It should include an update on the principal activities that have been detailed in the 4-year Delivery Program. This allows Councillors and the community to monitor Council’s progress. The attached report contains an update on the delivery of these for the July to December 2018 period.

 

Highlights of this period include the celebration of the Armistice Centenary, Council’s Light Up the Lake New Year’s Eve event, rezoning of the Local Environmental Plan and the expansion of online lodgement applications on the ePlanning portal. 

 

Of the 110 actions that Council is undertaking for the 2018-19 financial year, 93% are on track with the remaining actions needing attention to reach targets for the remainder of the financial year.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

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

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

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

Legislative

Section 404(5) of the Local Government Act 1993 states that regular progress reports must be provided to council reporting as to its progress with respect to the principal activities detailed in its delivery program at least every six months.

There are no legislative considerations relating to this report.

 

ATTACHMENTS

 

1.         Biannual Report July - December 2018 (Under separate cover)   


189

Ordinary Meeting 27 February 2019

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

012112.2019

Report By

Galavizh Ahmadi Nia - Manager Community Development and Planning

Approved By

Tina Sangiuliano - Acting 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 maximise social wellbeing. Council helps achieve these goals by providing financial support through grants and sponsorships 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 for Council’s consideration. The report also includes notification of approved Quick Response Grants, as per the Grants and Donations Policy (7.2.1) ‘Recommendations for funding of $1,000 or less may be approved by the CEO or their delegate, provided the financial assistance is in accordance with sections 356(3), 377(1A), and 378 of the Local Government Act 1993. Council will be notified of funded projects by a report to Council as soon as appropriately possible’.

 

 

RECOMMENDATION

That Council endorses the funding recommendation of $22,600 (GST exclusive) under the Corporate Sponsorship (Outgoing) Program for the following projects:

Applicant

Project

Recommended

Charming Asia Association

2019 “Charming Asia” Lunar Carnival

$10,000

Liverpool Neighbourhood Connections

Junior Top Blokes Mentoring Program

$8,700

Police Citizens Youth Club NSW

2019 Time4Kids Family Fun Day

$3,900

 

 

 

 

 

REPORT

 

Corporate Sponsorship

The Corporate Sponsorship (Outgoing) Program received three applications which met the eligibility criteria and are recommended for funding.

 

Applicant

Charming Asia Association

Location

Liverpool

Organisation

Public Benevolent Institution

Project

2019 “Charming Asia” Lunar Carnival

Amount Requested

$10,000

Description

Objectives

Charming Asia Lunar Carnival will bring together the community to celebrate the Chinese Lunar New Year in Liverpool. Attendees will enjoy cultural performances and taste traditional foods from different Chinese regions. There will be dance and music activities for attendees, Chinese calligraphy writing, lion dancing, fashion and acrobatic shows.

 

Outcomes

§ Positive activation of Macquarie Street Mall;

§ Large scale Chinese Lunar New Year Celebration held in Liverpool;

§ Opportunity to attract tourists from outside of Liverpool to attend this event, including those from overseas;

§ Supports Council’s position on supporting and engaging a high-functioning multicultural community; and

§ Generate increased opportunities for local businesses.

Beneficiaries

§ 500+;

§ Local businesses in the Macquarie Street Mall; and

§ Liverpool City Council – increase promotion of Council’s positive community engagement with the Chinese community.

Assessment

Recommended for Funding - $10,000

The applicant’s event aligns with the ‘Community Strategic Plan Directions 1 Creating Connections and meets the Corporate Sponsorship (Outgoing) Programs funding benefits and outcomes. The event delivers a community event, implementing access and equity for all members of the community and by celebrating diversity.

4.2.1 Economic benefit

§ Delivers significant economic benefit to the Liverpool LGA;

§ Delivers benefit to tourism, hospitality and retail sectors through the attendance; and

§ Attracts national or international attention to Liverpool as a place to reside, visit, work and/or invest.

 

 

 

4.2.2 Community, cultural, and social benefit

§ Provides and promote Liverpool’s cultural diversity and celebrate our City’s uniqueness; and

§ Enhances Liverpool’s profile and reputation as an outward looking, creative and connected city.

 

5.1 Expected program outcomes

§ Provide an opportunity for measurable economic, social, environmental and/or cultural benefits to Council and the Liverpool LGA;

§ Provide opportunities for the community to participate and contribute in activities/events in the Liverpool LGA; and

§ Provide extensive coverage and promotional/publicity opportunities across a range of media outlets.

 

 

 

 

Applicant

Liverpool Neighbourhood Connections

Location

Warwick Farm

Organisation

Other Incorporated Entity

Project

Junior Top Blokes Mentoring Program

Amount Requested

$8,700

Description

Objectives

The Junior Top Blokes Program specialises in designing and delivering social education and mentoring programs to boys and young men aged between 10 to 24. The program will be targeted at the Liverpool Neighbourhood Connections’ Thrive Young Boys Group, from Year 7 to Year 12. The program improves the mental health and social wellbeing of at-risk males. This will be achieved by fostering young men's inclusion, building their resilience and empowering them to reach their full potential.

 

The 2018 program evaluation outcomes found that 60% of students said that their relationships have improved, 82% of students can recognise risky behaviours and their negative consequences, 89% said their mental health has improved since starting the program and 87% feel positive about their future.

 

Outcomes

§ Improve physical well-being and personal well-being;

§ Decrease anti-social behaviors;

§ Increase social connectedness;

§ Improve academic performance; and

§ Improve outlook on life.

Beneficiaries

§ 15 boys and young men will take part; and

§ The participants families and social networks

Assessment

Recommended for Funding - $8,700

The applicant’s event aligns with the ‘Community Strategic Plan Directions 1 Creating Connections and meets the Corporate Sponsorship (Outgoing) Programs funding benefits and outcomes.   

4.2.2 Community, cultural, and social benefit

§ Provides and promote Liverpool’s cultural diversity and celebrate our City’s uniqueness; and

§ Enhances Liverpool’s profile and reputation as an outward looking, creative and connected city.

 

5.1 Expected program outcomes

§ Provide an opportunity for measurable economic, social, environmental and/or cultural benefits to Council and the Liverpool LGA; and

§ Provide opportunities for the community to participate and contribute in activities/events in the Liverpool LGA.

 

 

 

 

 

Applicant

Police Citizens Youth Club NSW

Location

Miller

Organisation

Public Benevolent Institution

Project

2019 Time4Kids Family Fun Day

Amount Requested

$10,000

Description

Objective

Raise awareness of youth crime using a mock jail setup inviting community and business leaders, celebrities and sport stars to volunteer and commit to ‘do the time to prevent youth crime’.

Outcomes

§ Raise awareness of youth crime;

§ Local business become aware and give opportunities to the local youth;

§ Run programs to educate youth on anti-social behaviour; and

§ Increase youth awareness of programs and services available through the PCYC.

Beneficiaries

§ 500+ residents

Assessment

Recommended for Funding - the lesser amount of $3,900

The applicant’s event aligns with the ‘Community Strategic Plan Directions of Creating Connections by delivering a community event or activity and implementing access and equity for all members of the community and meets the Corporate Sponsorship (Outgoing) Programs funding benefits and outcomes. 

 

The recommended amount is to cover project cost and expenses.

The applicant has requested funds to cover ‘operational expenses’ (staff wages). Under General Exclusions 6.2(f) of the ‘Grants and Donations Policy’, operational expenses and staff wages are not eligible for funding.

 

4.2.2 Community, cultural, and social benefit

§ Enhances Liverpool’s profile and reputation;

§ Creates opportunities for education and information exchange between Council, the community and the sector; and

§ To support the organisation and activation of a charity event with the Liverpool LGA. Sponsorship funds.

 

5.1 Expected program outcomes

§ Provide opportunities for the community to participate and contribute in activities/events in the Liverpool LGA;

§ Provide extensive coverage and promotional/publicity opportunities across a range of media outlets; and

§ Promote Council’s reputation as a great place to live, visit, work, and invest.

 

Grants up to $1000

 

As per the Grants and Donations Policy (7.2.1) ‘Recommendations for funding of $1,000 or less may be approved by the CEO or their delegate, provided the financial assistance is in accordance with sections 356(3), 377(1A), and 378 of the Local Government Act 1993. Council will be notified of funded projects by a report to Council as soon as appropriately possible’.

 

Council received four Quick Response School Grant applications, which met the policy criteria and were pproved by the CEO for funding.

 

Applicant

Student

Amount approved

Green Valley Public School

Tyrese Collet

$200

Tyrese Collet has excelled in community work during the 2018 school year. The donation will assist Tyrese in covering some of the expenses when commencing high school next year such as purchase of uniform.

 

Applicant

Student

Amount approved

Good Shepherd Primary School

Raj Panda

$200

Raj Panda has excelled in his academic studies during the 2018 school year. The donation will assist Raj to purchase text books to complement his learning in all academic fields in his schooling and the purchase of school supplies to aid learning.

 

Applicant

Student

Amount approved

Prestons Public School

Brianna Mumbler

$200

Brianna Mumbler has excelled in her art studies during the 2018 school year. She has focused on identifying and strengthening her understanding of her indigenous background. Collaboratively she has designed and created a mural for the school yarning circle that depicts a community coming together and sharing stories. She has also designed and created an artwork using traditional dot art techniques showing her tribe's animal representative and shared this work, including its meaning, with students, teachers and the community. The confidence obtained through this artwork has allowed Brianna to write her own personal acknowledgement of country that she proudly shared with the whole school community during Kindergarten orientation and will repeat in front of the whole school at presentation day. The donation will be used to purchase art supplies to further support the work developed

 

Applicant

Student

Amount approved

St Catherine of Siena Primary School

Earl Jaden Zabagt

$200

Earl Jarden Zabagt has excelled in computer science studies during the 2018 school year, with a focus on robots and coding. He was the 2018 NSW Year 6 Digital Technologies ICAS medal recipient. The donation would be used to purchase resources for his technology interests or attend coding camp holiday workshops.

 

CONSIDERATIONS

Economic

 

CORPORATE SPONSORSHIP (OUTGOING)

Budget allocation

Current balance

Recommended amounts this report:

Remaining budget

$100,000

$41,328

$22,600

$18,728

COMMUNITY GRANTS

Budget allocation

Current balance

Quick Response Grants Endorsed by CEO:

Remaining budget

$102,000

$91,300

$800

$90,500

MATCHING GRANTS

Budget allocation

Current balance

No recommended amounts this report:

Remaining budget

$200,000

$158,200

n/a

$158,200

* SUSTAINABLE ENVIRONMENT GRANTS

Budget allocation

Current balance

No recommended amounts this report:

Remaining budget

$75,000

$48,604

n/a

$48,604

 

 

 

 

COMBINED FUNDING BALANCE

Combined allocation

Combined balance

Total recommended and endorsed amounts:

Remaining budget

$477,000

$339,432

$23,400

$316,032

* Sustainable Grants funding is via a rate levy and is only eligible to be used for the Sustainable Environment Grants Program.

Environment

There are no environmental considerations.

Social

Support community organisations and groups 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)  


195

Ordinary Meeting 27 February 2019

City Community and Culture Report

 

COM 02

Access to Facilities in Hot Weather and Measures to Cool the City

 

Strategic Direction

Creating Connection

Provide community facilities which are accessible to all

File Ref

029777.2019

Report By

Dany Ngov - Policy and Projects Officer

Approved By

Tina Sangiuliano - Acting Director City Community and Culture

 

 

Executive Summary

 

Liverpool has experienced extremely high temperatures consistently above 35 degrees over the summer period. A Notice of Motion was brought to Council to consider mechanisms to provide relief to the community during these periods.

 

At the 6 February 2019, Council meeting Council resolved to:

 

1.    Consider other measures that can be undertaken within the LGA to provide relief to the community during extreme hot weather and report back to the 27 February Council meeting.

 

2.    Work with Belgravia Leisure to look at strategies to support access to leisure centres.

 

3.    Look at strategies which could include providing additional water parks in the LGA and consider new locations, including new growth areas, for the water parks. The following matters are to be considered:

·    Pricing;

·    Ample parking;

·    Seating;

·    Shade; and

·    Other options.

 

4.    Develop a strategy to inform the community as to where savings can be made on services for families.

 

This report will outline measures that can be undertaken to provide relief to the community during extreme hot weather and provide information on work already being undertaken through various strategies to explore heat mitigation measures across the city.

 

The recently adopted Recreation, Open Space and Sports Strategy (ROSS) has a strong focus on greening our city and responding to the impacts of climate change. This includes the following actions:

·    Increasing the number of water structures and water play features to assist with temperature moderation and urban heat islands;

·    Develop a Sustainable Environment Strategy; and

·    Develop a City Centre Urban Forest Strategy.

 

As part of the review of the Local Environmental Plan (LEP) a Climate Change Adaptation Study, expected to be completed by May 2019, will be undertaken to explore the Urban Heat Island (UHI) effect. The UHI effect describes the increase in temperature resulting from heat absorbed by hard surfaces in urban areas such as pavements, roads and buildings with minimal shading. This heat is then radiated back out, making urban areas significantly hotter than surrounding regions. This Study will help Council to develop effective practical actions to manage the risks from climate impacts, protect communities and the local environment to ensure the City’s climate-resilient future. In a separate but related project called the Urban Heat Reduction Project, Council is collaborating with some Sydney councils to develop clauses for the new LEP and Local Strategic Planning Statements (LSPS) that could help manage urban heat.

 

The Aquatic and Leisure Centres Strategy aims to direct the provision of aquatic and leisure services within the Liverpool Local Government Area (LGA) over the next ten years by identifying the locations, funding and management options for future centres. It will, in conjunction with the ROSS, also provide some guidance on the provision of water parks or splash parks across the city. The draft Strategy will be presented to Council in the coming months.

 

Council officers are working with Belgravia Leisure to identify suitable measures to implement at the aquatic and leisure centres, which could include the operation of temporary inflatable structures or misting systems. A further report will be brought to Council in May 2019 that will look at strategies to help cool the city, including identifying suitable water park locations particularly in new growth areas.

 

There are a range of rebates and savings offered by the NSW Government available to the community to help ease the cost of living. Council has run a campaign through its Facebook page, website and via the Mayor’s Message in the Liverpool Leader to show its residents how they can make savings on more than 40 services related to energy and utilities, driving, public transport, health, children, and recreation and leisure.

 

 

 

 

 

 

RECOMMENDATION

 

That Council receives this report and notes that a further report will be presented to Council in May 2019.

 

 

REPORT

 

In response to Council’s resolution of 6 February 2019, this report has been prepared to consider the available options to provide relief to the community during extreme hot weather.

 

In addition to the popular aquatic facilities at the Whitlam and Michael Wenden Centres, Council has a number of air-conditioned public facilities that community members can access to seek relief from the heat.  These facilities include six libraries, Liverpool Regional Museum, various community centres, and Casula Powerhouse Arts Centre. Other facilities that offer public access to air conditioning include shopping centres and community clubs.

 

To date, Council has established several water play facilities that offer free access for the community. These water play facilities range in size and capacity with the largest in Bigge Park and the others at Carnes Hill and Macquarie Mall offering more limited capacity. The Bigge Park facility has attracted significant numbers since its opening following the major redevelopment of Bigge Park in 2016. Water play facilities are required to meet NSW Health standards for water treatment and amenities provision and therefore have significant capital and operational costs. Below are the annual maintenance and repair costs, provided by the Facilities Maintenance section, for Council’s existing facilities:

 

Location

Maintenance

(includes water, electricity, cleaning, ongoing water treatment and testing)

Repairs

(includes servicing and replacement parts) 

Macquarie Mall  

$45,974

$10,000

Bigge Park 

$40,628

$10,000

Carnes Hill

$20,314

$5,000

 

Provision of water parks

A number of factors have contributed to the increasing trend for water parks across Australia and around the world. This includes increasing temperatures, improving the accessibility and diversity of Council facilities, and offerings in the design of parks and open spaces.

 

The following are key considerations for the provision of water parks:

 

·      They are required to meet NSW Health standards for water treatment;

·      The “zero water depth” design allows immersion in water without requiring lifeguard supervision;

·   Water play parks usually encourage a longer length of stay than play equipment and hence require support facilities, e.g. toilets/change, picnic/BBQ;

·   They are a great way to encourage interaction and encourage parents to play with the children;

·   They are easily accessible to people using mobility equipment e.g. scooters and wheelchairs; and

·   They require significant ongoing funding to maintain the health and safety of the facility.

 

Relevant strategies and studies

The recently adopted Recreation, Open Space and Sports Strategy (ROSS) has a strong focus on greening our city and responding to the impacts of climate change. This includes exploring strategies that will assist with cooling the environment naturally through tree-planting and the introduction of water structures and irrigation systems.

 

Identified in the ROSS is the following action: Increasing the number of water structures and water play features to assist with temperature moderation and urban heat islands. Through this action, and taking a place-based planning approach, Council officers will identify the most suitable sites for water play features across the LGA and will consider the associated costs, required parking, seating, shade and other options. A report detailing this information will be brought back for Council’s consideration in May 2019.

 

Other actions identified in the ROSS are the development of a Sustainable Environment Strategy and City Centre Urban Forest Strategy, to deliver on targets that minimise our impacts on the environment and to deliver tree planting to increase shade and ameliorate the UHI effect caused by increased urbanisation within Western Sydney, respectively.

 

As part of the review of the Local Environmental Plan (LEP) a Climate Change Adaptation Study, expected to be completed by May 2019, will be undertaken to explore the UHI effect and will help Council to develop effective practical actions to manage the risks from climate impacts, protect communities and the local environment to ensure the City’s climate-resilient future. In a separate but related project called the Urban Heat Reduction Project, Council is collaborating with some Western Sydney Regional Organisation of Councils (WSROC) and Northern Sydney Regional Organisation of Councils (NSROC) councils to develop clauses for the new LEP and LSPS that could help manage urban heat.

 

Further, as part of the work for the Western Sydney Collaboration Area, Council will be investigating and implementing systems to use recycled water, including irrigation systems and building water structures that will assist in cooling the city.

 

The Aquatic and Leisure Centres Strategy aims to direct the provision of aquatic and leisure services within the Liverpool LGA over the next ten years. The focus of this Strategy will be to identify the locations, funding and management options for the future provision of aquatic and leisure centres, however it will, in conjunction with the ROSS, also provide some guidance on the provision of water parks or splash parks across the LGA. The draft Strategy will be presented to Council in the coming months.

 

Work will continue with Belgravia Leisure to identify suitable measures to implement at the aquatic and leisure centres. This could include the operation of temporary inflatable structures or misting systems to increase the capacity at the centres and provide further relief from the heat.

 

Cost of Living

There are a range of rebates and savings offered by the NSW Government available to the community to help ease the cost of living. Savings include a discount of up to $1000 on installing an air conditioner with a high energy star rating, discounts on new lighting and cheaper energy bills by upgrading from halogen to LED lights, as well as other savings related to driving, public transport, health, children, recreation and leisure.

 

Information is provided through the Service NSW website where answering six questions on the site will identify the most relevant offers to families. The link to the website is: https://www.service.nsw.gov.au/campaign/cost-living. Council has run a campaign through its Facebook page, website and via the Mayor’s Message in the Liverpool Leader to show its residents how they can access these savings.

 

CONSIDERATIONS

 

Economic

The operational costs related to the maintenance of existing water play areas.

Environment

Raise awareness of environmental sustainability issues and suitable mitigation measures.


Social

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


Civic Leadership

Act as an environmental leader in the community.

Legislative

There are no legislative considerations relating to this report.

 

 

ATTACHMENTS

 

Nil  


205

Ordinary Meeting 27 February 2019

City Corporate Report

 

CORP 01

Delegations Register - Delegation to CEO

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

342123.2018

Report By

Michael Knight - Acting General Counsel

Approved By

Chris White - Director City Corporate

 

 

Executive Summary

 

Section 377 of the Act provides that a council may, by resolution, delegate to its general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than those listed in section 377(2) of the Act.

 

Section 380 of the Act allows a general manager to sub-delegate any function delegated to the general manager to any person or body, including an employee of the council.

 

Council’s Chief Executive Officer (the CEO) exercises the functions, role and delegations of “general manager” under the Act.

 

In November 2018 work commenced on the set-up and implementation of a new delegations system.   The new system uses a cloud based software which is simple to use and will streamline the issuing or updating of delegations by automating the process saving time and improving efficiencies across Council.

 

This report deals with implementation of a new delegation system and the recommended delegations to the CEO by Council.

 

It is recommended that Council adopt this report, as set out in the specific clauses of the recommendation below.

 

RECOMMENDATION

 

That Council:

 

1.   Note that the Chief Executive Officer exercises the functions, role and delegations of the “General Manager” under the Local Government Act 1993;

 

2.   Delegate to the Chief Executive Officer the delegations set out in the Delegations to the Chief Executive Officer in Attachment 1 to this report;

 

3.   Authorise the Mayor to sign the Instrument of Delegation to the Chief Executive Officer; and

 

4.   Confirm Council’s delegations for any functions or powers conferred or imposed on Council by or under any legislation in accordance with section 22 of the Local Government Act 1993.

 

REPORT

 

Background

 

Delegations of authority in Council establish the positions that are empowered to make decisions and to take action on behalf of Council. These Delegations of authority facilitate the effective and efficient operation of Liverpool City Council by providing the Chief Executive Officer with sufficient power and authority to generally manage, control and administer the affairs of Council on a day to day basis.

 

The Independent Commission Against Corruption (ICAC) has identified the improper exercise of authority as a risk for all levels of government and recommend that agencies introduce procedures to manage the identified risk. Keeping track of delegations for Council officers and staff, when structures, titles and personnel are constantly changing, is itself a key risk for Council. The risk is exacerbated when records are kept manually, using outmoded tools such as spreadsheets.

 

Council’s existing delegations register is several years old and uses a macro-enabled spreadsheet, which is manually updated when a new delegation is required. Sitting behind this spreadsheet are a number of internally created provisions that, when assigned, give the related position the delegated power to act or make decisions on behalf of Council.

 

In 2018, a review of the current system found that the macros sitting behind the spreadsheet were not functioning, resulting in the need for significant manual input into resolving delegations.  As such, a decision was made to explore an automated legislative based solution, resulting in a decision to implement the RelianSys system.

 

Review and findings

 

In November 2018 work commenced on the set-up and implementation of a new delegations system called RelianSys. The system uses a fully-integrated web-based governance solution which is simple to use and will streamline the issuing or updating of delegations by automating the process saving time and improving efficiencies across Council.

 

RelianSys is predominantly legislation based, and as such, a new delegation will need to be issued to all delegated positions across Council. A full review of all existing delegations of power to ensure that they are appropriate to the capabilities, qualifications and needs of the positions to which they apply has been completed. The set-up of RelianSys has seen the potential allocation of 29 internal sources of delegated power (with 113 provisions or subcategories of powers) and 114 statutory sources of delegated power (with 1,555 provisions) to one or more positions across Council. 

 

The progression from a manual based delegation system to an automated computer based system will significantly reduce the risk to Council, ensuring the basic principles of ethics and probity are managed and maintained.

 

CEO Delegation

 

The first step to rolling out new delegations under the RelianSys system is to update the CEO’s delegation, which will form the umbrella for all remaining delegations issued through the system.

 

The Instrument of Delegation to the CEO was last amended in November 2018 to incorporate time-sensitive changes to the Environment Planning and Assessment Act, 1979.

 

With the exception of the proposed tender approval delegation (see below), the revised delegation attached, based on the new RelianSys architecture, basically replicates the existing delegation.  Owing to the terminology within the new system, not all of the wording is consistent, but the effect is basically unchanged.

 

Tender Approval Delegation – Proposed Increase

 

The primary benefit to a Council delegating authority to a CEO/General Manager is improved efficiencies in the delivery of services and infrastructure.  

 

With this in mind, the implementation of the RelianSys software has raised a question of ongoing time lags in the tender approval process.

 

In 2017, the state government enacted amendments to s.377 of the Local Government Act 1993, permitting a Council to delegate the approval of tenders that did not have an impact on staffing.  At the time, Council elected to delegate authority to the CEO for the approval of tenders up to $1 million in value.

 

This delegation has allowed procurement timeframes for projects involving purchases of below $1 million to be reduced by between 30-60 days, owing to the timeframes required to prepare and approve Council reports, wait for meetings, and then to await the issue of minutes.

 

In order to allow an extension of these time savings to projects of a higher value, staff ask that Council consider the possible value of increasing the CEO’s delegations to approve tenders from the current $1 million, to a value of $2 million.

 

To support this position, staff note that at present, there are 18 projects in the current pipeline that are valued between $1- $45 million that have been, or will be, going to Council before 30 June 2019. Of those projects, 9 of them fall between $1-2 million.

 

Whilst an unlimited delegation to the CEO to accept tenders is not considered best practice, increasing the CEO’s delegation to accept tenders to a value of $2 million will streamline the procurement process for these projects, and reduce the final delivery timeframes for these projects by between 30-60 days

 

Given the robust internal and external probity procedures in place, an increase in delegation from $1 million to $2 million is considered a relatively low risk and would see the added value of achieving speed to market which has been identified as an organisational goal.

 

There is no requirement for the Council seal to be affixed to the Instrument of Delegation to the CEO. Council can authorise the Mayor to sign this Instrument.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

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

Legislative Compliance

 

 

ATTACHMENTS

 

1.         Draft Instrument of Delegation to the CEO


207

CORP 01

Delegations Register - Delegation to CEO

Attachment 1

Draft Instrument of Delegation to the CEO

 

 

INSTRUMENT OF DELEGATION BY LIVERPOOL CITY COUNCIL

TO THE CHIEF EXECUTIVE OFFICER

 

TRIM 031708.2019

 

Pursuant to section 377 of the Local Government Act, 1993 a council may by resolution, delegate to the Chief Executive Officer any of the functions of the council under the Local Government Act, or any other Act other than those listed under section 377 377 of the Local Government Act, 1993.

By resolution of the Council at its meeting held on 27 February 2019 Liverpool City Council:

1.         Revokes all delegations granted to the General Manager prior to the date of this Instrument; and

 

2.         Delegates to the General Manager, or to the person who acts in that position, all of the functions, powers, duties and authorities of the Council listed in the attached Schedule of Delegations:

 

1.       INTERPRETATION OF DELEGATIONS

 

A.        This instrument of delegation should be construed as operating in a manner which is valid and within the powers conferred upon Liverpool City Council (the Council) under the Local Government Act 1993.

 

B.        References to the Chief Executive Officer are references to the general manager appointed by Council under the Local Government Act 1993.

 

C.        References to the decisions of the Council are references to decisions made by the Council from time to time.

 

D.        References to policies of the Council are references to policies adopted by the Council from time to time.

 

2.       DELEGATIONS

 

Liverpool City Council:

 

2.1     Recognises that certain functions are conferred upon the Chief Executive

Officer by the Local Government Act 1993; and

 

2.2       Delegates to the person holding the position of Chief Executive Officer its functions under the Local Government Act 1993 and any other legislation conferring functions upon the Council.

 

 

 

 

3.       EXCEPTIONS:

 

3.1     POWERS OTHERWISE DEALT WITH:

 

3.1.1 The functions which are required by or under the Local Government Act

1993 or by or under any other Act or instrument to be performed by the governing body of the Council;

 

 

3.1.2 The functions and authorities delegated to the Mayor, as the Council may determine from time to time or as may be functions of the Mayor under the Local Government Act 1993 or the Local Government (General) Regulation

2005;

 

3.1.3    Matters delegated by the Council to Council committees which have been established under clause 260 of the Local Government (Regulation) 2005;

 

3.2     POLICY AND PROCEDURE

 

3.2.1   The power to make or to amend Council policies which have been approved by a decision of the Council, except as required by legislation or by organisational changes involving members of Council staff;

 

3.2.2    The release for public exhibition and comment of any plan or policy, which is required by legislation to be exhibited;

 

3.2.3   The power to approve all mass communications on behalf of the Council (newsletters, columns, media releases) without the approval of the Mayor before their release;

 

3.2.4    The exercise of authorities and functions in a manner not consistent with the policies and decisions of the Council;

 

3.3    FINANCIAL MATTERS

 

3.3.1   Authorising the expenditure of funds and/ or the payment of good and services by the Council for an amount of $5 million or more;

                

3.3.2   Approving expenditure which would impact unfavourably on the net operating result approved by the Council in the adopted Operational Plan;

 

3.3.3 The granting of financial assistance by the Council unless:

 

a)   The financial assistance is part of a specified program, and

b)   The program is included in Council’s draft operational plan for the year in which the financial assistance is proposed to be given, and

c)   The program’s proposed budget for that year does not exceed 5 per cent of Council’s proposed income from the ordinary rates levied for that year, and

d)   The program applies uniformly to all persons within Council’s area or to a significant proportion of all the persons within Council’s area.

 

3.3.4 Writing off any bad debts for individual amounts above $20,000 (including

GST);

 

3.3.5 Reducing or waiving fees and charges above an individual amount above

$20,000;

 

3.3.6   Setting or altering the Schedule of Fees and Charges, except in accordance with the relevant categories as determined within the Revenue Policy of the Council's Operational Plan;

 

3.3.7 Accepting tenders by the Council for a value of $1 2 million or more;

 

3.3.8   Calling or accepting tenders for services currently provided by members of Council staff;

 

3.4    LEGAL PROCEEDINGS

 

3.4.1             The giving of instructions in legal proceedings contrary to a resolution of the Council, except in planning or regulatory appeals after consultation with the Mayor;

 

3.5    CULTURAL

 

3.5.1   The development or formation of relationships with other cities, including sister city agreements;

 

3.5.2 The approval of civic and ceremonial events;

 

3.5.3 The granting of civic honours;

 

3.5.4   The approval of events sponsored by the Council, except in consultation with the Mayor and within Council's approved budget;

 

 

 

 

 

............................................

Wendy Waller

Mayor

 

 

Dated:..............................................


207

Ordinary Meeting 27 February 2019

City Corporate Report

 

CORP 02

Budget Review - December 2018

 

Strategic Direction

Generating Opportunity

Meet the challenges of Liverpool’s growing population

File Ref

020035.2019

Report By

Earl  Paradeza - Senior Management Accountant

Approved By

Vishwa Nadan - Chief Financial Officer  

 

 

Executive Summary

 

In June 2018 Council adopted its 2018/19 operating budget with projected revenue of $289.1m and expenditure of $187.8m. In terms of the net operating result before grants and contributions provided for capital purposes, the Council budgeted for an operating deficit of $1.506m.

 

For Quarter 1 ended 30 September 2018, Council approved adjustments through resolutions and budget review process, resulting in a revised revenue target of $291.0m and expenditure of $191.3m. This translated to revised deficit net operating result before grants and contributions provided for capital purposes of $1.568m.

 

The review of Council’s budget at 31 December 2018 identified further adjustments and if approved will result in a $0.666m net operating deficit before grants and contributions for capital purposes for 2018/19 (Ref attachment 1 – Note D). The deficit of $0.666m is the accumulation of the Original Budget of -$1.506m, Q1 adjustment of -$0.062m and the proposed Q2 adjustment of +$0.902m (Ref attachment 1 – Note C).

 

The second quarter budget review for 2018/19 has resulted in an increase of $0.884m of Council’s capital expenditure program (Ref attachment 1 – Note E).

 

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the report; and

 

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

 

 


 

REPORT

 

Legislative Requirements

Clause 203(1) of the Local Government (General) Regulation 2005 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. This report provides an overview of the results on the financial review for the quarter ended 31 December 2018.

 

Commentary

 

Operating Budget

 

In June 2018 Council adopted its 2018/19 operating budget with projected revenue of $289.1m and expenditure of $187.8m. In terms of the net operating result before grants and contributions provided for capital purposes, the Council budgeted for an operating deficit of $1.506m.

 

For Quarter 1 ended 30 September 2018, Council approved budget variations through resolutions and budget review process, resulting in a revised revenue target of $291.0m and expenditure of $191.3m. This translated to revised deficit net operating result before grants and contributions provided for capital purposes of $1.568m.

 

A comprehensive budget review conducted at second quarter ended 31 December 2018 has resulted in further budget adjustments, as detailed in Attachment 2. As part of the Budget Review, managers have conducted a review of their programs with a view to providing a revised forecast for the financial year ended 30 June 2019.  Managers take into consideration events that have occurred to date and/or information that has become available since the adoption of the original budget and the impact of which provides the basis for the budget adjustments.

 

The review has resulted in $0.129m (Ref attachment 1 – Note A) net increase in total revenue. Total expenditure is projected to decrease by net $0.675m (Ref attachment 1 – Note B). Significant changes include:

·    +$0.927m reduction in lease expense due to delay in relocating to 37 Scott St

·    +$0.500m increase in interest and investment revenue

·    +$0.316m one-off VPA developer contributions towards roadworks

·    +$0.150m reduction in loan borrowing expense due to delay in loan drawdown

·    -$0.590m reversal of grant funding received in previous year

·    -$0.423m increase in employee related costs due to creation of new positions

·      -$0.318m lower sub-lease rental income due to delay in relocating to 37 Scott St

·    -$0.140m lower car parking revenue due to reduction in parking space taken by University of Wollongong

The proposed budget changes will improve the budgeted net operating result before grants and contributions for capital purposes to a deficit of $0.666m for the year ending 30 June 2019 (Ref attachment 1 – Note D).

 

Capital Budget

 

In June 2018, Council approved its $192.5m capital works program for 2018/19. Council subsequently approved carry over of projects valued $14.2m that were planned but not completed in 2017/18.

 

In Quarter 1 budget review, capital expenditure program was adjusted downwards by $0.700m mainly due to delays in the land acquisition process and non-approval of RMS grants partly offset by developer works on infrastructure assets completed earlier than anticipated and approved new grants.

 

The second quarter budget review has resulted in $0.884m increase to Council’s capital expenditure program (Ref attachment 1 – Note E). The budget adjustments include the following:

 

·    +$1.687m      Works in kind agreement with developer

·    +$0.500m      33 Moore Street relocation costs

·    +$0.500m      33 Moore Street sprinkler system

·    -$1.020m       Depot new truck wash bay deferred for next year

·    -$1.000m       Lifts renewal program deferred for next year

·    -$0.650m       LCP design and documentation deferred for next year

 

At 31 December 2018, Council has a capital expenditure program of $206.9m as detailed in Attachment 3.

 

The YTD capital expenditure to 31 December 2018 was $41.9m.


 

The Table 1 below provides summary of the budget results:

 

 

Details of the proposed budget changes are provided in the attachments.

 

Attachments 1 - Quarter 2 Budget Review Summary (QBRS): This report presents a summary of Council's budgeted financial position at end of the quarter. The key indicators include:

 

1.   The revised budgeted income and expenditure for the year against the original estimate of annual income and expenditure as shown in Council’s Operational Plan

2.   Changes following Quarter 2 budget review

3.   The proposed budget for 2018/19 financial year

 

Attachments 2 – This report provides details of operating budget adjustments

 

Attachments 3 – This report provides details of capital budget adjustments

 

Attachment 4 & 5 – Grants Status Report: Has two components, first listing all annual grant submissions and second, listing all grants that have been applied for during the quarter detailing the project title, amount sought, funding body and status of the application. Council officers are continually seeking alternate sources of funding as opportunities arise.

 

Attachment 6 - Cash and Investments Statement: Providing a reconciliation of restricted and unrestricted funds to the level of Cash and Investments held as at 31 December 2018

 

Attachment 7 - Key Performance Indicators

 

Attachment 8 – Consultancy and Legal Expenses

 

Attachment 9 – Contracts and Other Expenses

 

Attachment 10 – City Development Fund and Environment Levy.

 

This Report recommends that Council receives and notes the report and votes the budget variations in accordance with this report.

 

CONSIDERATIONS

 

Economic

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

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

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

Provide efficient parking for the City Centre.

Enhance the environmental performance of buildings and homes.

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

Facilitate economic development.

Facilitate the development of new tourism based on local attractions, culture and creative industries.

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

Deliver services that are customer focused.

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

Legislative

Clause 203(1) of the Local Government (General) Regulation 2005.

 

 

ATTACHMENTS

 

1.         QBRS - Consolidated Financial Results

2.         Operating Budget Adjustments

3.         Capital Budget Adjustments

4.         Grant Status Report - Applications

5.         Grant Status Report - Received

6.         Cash & Invesment Report

7.         Key Performance Indicators

8.         Consultancy & Legal Expenses Budget Review Statement

9.         Contracts & Other Expenses Statements

10.       City Development Fund & Environment Levy Reserves


213

CORP 02

Budget Review - December 2018

Attachment 1

QBRS - Consolidated Financial Results

 

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215

CORP 02

Budget Review - December 2018

Attachment 2

Operating Budget Adjustments

 

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223

CORP 02

Budget Review - December 2018

Attachment 3

Capital Budget Adjustments

 

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223

CORP 02

Budget Review - December 2018

Attachment 4

Grant Status Report - Applications

 

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231

CORP 02

Budget Review - December 2018

Attachment 5

Grant Status Report - Received

 

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233

CORP 02

Budget Review - December 2018

Attachment 6

Cash & Invesment Report

 

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