COUNCIL AGENDA

 

Ordinary Council Meeting

29 April 2020

 

 


 

 

 

 

 

You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the online on Wednesday, 29 April 2020 commencing at 6.00pm.

 

Liverpool City Council Meetings are livestreamed onto Council’s website and remain on Council’s website for a period of 12 months.  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

Apologies 

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 25 March 2020................. 7

Extraordinary Council Meeting held on 16 April 2020.......... 60

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Chief Executive Officer Report

CEO 01           Draft Privacy Policy - recommendations for amendment by Information and Privacy Commission.................................................................................................... 72 1

CEO 02           Response to QWN 15 Edmondson Park Commuter Car Parking from 5 February 2020 council meeting........................................................................................................... 74 2

CEO 03           Mayoral Direction pursuant to Section 226(d) of the Local Government Act 1993................................................................................................................ 80 3

City Economy and Growth Report

EGROW 01    LEP Review: Public Exhibition of draft Local Housing Strategy, draft Centres and Corridors Strategy & draft Industrial and Employment Lands Strategy........................................................................................................... 83 4

EGROW 02    Report back - NOM 01 Feral Cats and Trap-Neuter-Return (TNR) Program from 5 February 2020 Council meeting........................................................................................................... 93 5

EGROW 03    Draft Amendment to Liverpool Development Control Plan 2008 - Part 1 General Controls (Chapter 26 Outdoor Advertising and Signage)....................................................................................................... 108 6

EGROW 04    Draft Amendments to Liverpool Contributions Plan 2009 and Liverpool Contributions Plan 2018 – Liverpool City Centre to ensure clarity around the payment of development contributions for complying development certificates..................................................................................................... 113 7

EGROW 05    Draft Amendment 1 to Liverpool Contributions Plan 2018 – Existing Areas - Instalment Payments for Secondary Dwellings...................................................................................................... 120 8

EGROW 06    Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 76) - Schedule 1 Amendment to permit vehicle sales or hire premises at 36-36A Kookaburra Rd, North Prestons........................................................................................................ 124 9

EGROW 07    Street Naming Request - Edmondson Park............................................................................................................... 134 10

EGROW 08    Post Exhibition Report - Draft Liverpool Development Control Plan 2008 (Amendment 25)................................................................................................................. 138 11

EGROW 09    Out of Office Hours Compliance Officers......................................................................................................... 143 12

City Community and Culture Report

COM 01          Alcohol Free-Zones in the Liverpool Local Government Area.............................................................................................................. 147 13

COM 02          Community Development and Planning Committee Charters........................................................................................................ 152 14

COM 03          Response to NOM 2 - Ferrington Park............................................................................................................... 207 15

City Corporate Report

CORP 01        Car parking options within 100 metres of Liverpool train station........................................................................................................... 214 16

CORP 02        Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society.......................................................................................................... 217 17

CORP 03        Investment Report February 2020.............................................................................................................. 245 18

CORP 04        Amendment to Councils Investment Policy............................................................................................................ 255 19

CORP 05        Investment Report March 2020.............................................................................................................. 257 20

City Presentation Report

NIL

City Infrastructure and Environment Report

INF 01             Upgrades to Whitlam Leisure Centre........................................................................................................... 268 21

INF 02             Roads in Middleton Grange and Western Sydney Parklands...................................................................................................... 271 22

INF 03             Conservation of Koala Habitat Corridors....................................................................................................... 274 23

INF 04             Animal Holding Facility........................................................................................................... 278 24

Committee Reports

CTTE 01         Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee meeting held on 5 March 2020.............................................................................................................. 284 25

CTTE 02         Liverpool Sports Committee Minutes of meeting held 5 March 2020.............................................................................................................. 291 26

CTTE 03         Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020 and Minutes of the Liverpool Youth Council meeting held on 4 March 2020.............................................................................................................. 301 27

CTTE 04         Minutes of the Aboriginal Consultative Committee meeting held on 19 February 2020.............................................................................................................. 313 28

CTTE 05         Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 February 2020.............................................................................................................. 318 29

CTTE 06         Minutes of the Tourism and CBD Committee meeting held on 11 February 2020.............................................................................................................. 331 30

CTTE 07         Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 18 March 2020.............................................................................................................. 338 31

CTTE 08         Minutes of the Strategic Panel Meetings held on 3 March and 9 March 2020.............................................................................................................. 378 32

CTTE 09         Minutes of Budget Review Panel 20 March 2020.............................................................................................................. 392 33

 

Questions with Notice

QWN 01          Question with Notice - Clr Balloot - Cyber Security and Operating Expenditure................................................................................................... 404 34

QWN 02          Question with Notice - Clr Balloot - Forum - National Redress Scheme of survivors of institutional child sexual abuse............................................................................................................ 414 35

QWN 03          Question with Notice - Clr Balloot - Coronavirus (COVID-19)................................................................................................................. 416 36

QWN 04          Question with Notice - Clr Hagarty - Brontos......................................................................................................... 417 37

QWN 05          Question with Notice - Clr Shelton - Event Cancellations................................................................................................ 419 38

QWN 06          Question with Notice - Clr Balloot - Civic Place............................................................................................................. 422 39

QWN 07          Question with Notice - Clr Hadchiti - Trees............................................................................................................. 424 40  

Presentations by Councillors

 

Notices of Motion

NOM 01          Wildlife Protection Special Levy.............................................................................................................. 425 41

NOM 02          Animal Shelter.......................................................................................................... 429 42

NOM 03          Economic Development Committee Meetings....................................................................................................... 430 43  

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    Independent Members of the Audit, Risk and Improvement Committee Term of Office Extension

Reason:     Item CONF 01 is confidential pursuant to the provisions of s10A(2)(a) (d i) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors); AND commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

CONF 02    Acquisition - Clermont Park, Lot 4601 in DP 1248502 - Edmondson Park, for open space purposes

Reason:     Item CONF 02 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.



 

 

 


Order of Business

 

                                                                                                                                                                                                                           

 

CONF 03    Hammondville Park Leisure Precinct

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

 

CONF 04    Acquisition of Lot 1046 DP2475 and being 255 Sixth Avenue, Austral

Reason:     Item CONF 04 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 05    Legal Affairs Report - 1 January 2020 to 31 March 2020

Reason:     Item CONF 05 is confidential pursuant to the provisions of s10A(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

CONF 06    Tender WT2892 - Phillips Park Redevelopment

Reason:     Item CONF 06 is confidential pursuant to the provisions of s10A(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

CONF 07    Lurnea Council property - proposed sale

Reason:     Item CONF 07 is confidential pursuant to the provisions of s10A(2)(c) (d ii) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.  

Close

 


16

 

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 25 March 2020

 

 

PRESENT VIA VIDEO CONFERENCING:

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

Dr Eddie Jackson, Director City Community and Culture

Mr David Smith, Acting Director City Economy and Growth

Mr George Hampouris, Acting Director City Corporate

Mr Peter Patterson, Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

Mr Andrew Stevenson, Chief Strategy and Engagement Officer

Mr Vishwa Nadan, Chief Financial Officer

Ms Tina Sangiuliano, Strategic Organisational Change Manager

Mr John F Morgan, Director Property & Commercial  Development

Ms Elizabeth Espinosa, General Counsel Manager Governance Legal

Mr David Maguire, Internal Ombudsman

Mr George Georgakis, Manager Council and Executive Services

Ms Maree Stewart, Coordinator Council and Executive Services (minutes)

 

 

The meeting commenced at 6.02pm

 

 

STATEMENT REGARDING WEBCASTING OF MEETING

The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice, the meeting is being recorded and will be on the website later this week.

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION TO BE READ BY

The prayer of the Council was read by the Chief Executive Officer, Ms Kiersten Fishburn.

 

APOLOGIES

 

Nil

 

 

CONDOLENCES

 

 

 

Mrs Pamela Short  (read by Mayor Waller)

 

Tonight, we pause to remember one of Liverpool's most accomplished daughters.

 

Pamela Kay Short was born on 22 February 1947 at Crown Street Women's Hospital, the first child of Phoebe and Noel Short, a former Mayor of Liverpool. She grew up at Yarrara Road, Hoxton Park on family acres.

 

She went to Hoxton Park Primary School where her lifelong passion for reading ignited. She graduated from Liverpool High School. Popular, she loved art and English and playing basketball.

 

Pam’s intellect, even then, was remarkable. Her independent streak first showed when Pam was 17. She won a radio station contest, and without telling her parents, headed to the big smoke to see her beloved Beatles at the Sydney Stadium at Rushcutters Bay.

 

Despite the long commute, Pam's first job was at an accountancy firm in the city. She was determined to be financially independent and have her own voice.

 

Later in the 1960s, she joined Viscount Caravans at Milperra as a secretary. It gave her experience in all aspects of a business; skills she would find invaluable in the future. She even featured in advertising for the brand.

 

A short time later she married John Cornish, the Austral son of chook farmers Harold and Una. Their daughter Tania was born in 1970 and their son Brett in 1972.

 

Pam and John were a formidable team, prospering in business. They took risks and reaped the rewards.

 

Their companies built thousands of homes for people who made the Liverpool area their home, shopping and industrial centres.

 

The Cornish family has a great love of thoroughbred horse breeding and racing. Their Torryburn Stud in the Hunter Valley is a landmark in the industry.

 

Pam and John played a significant part in enticing William Inglis & Son to move their bloodstock operations from Randwick, which they established in 1906, to Warwick Farm.

 

When diagnosed with breast cancer, Pam remained practical and courageous. She never complained about her situation and was compassionate and giving to others before herself.

 

To her family and her parents, former Liverpool Mayor Noel Short and his wife Phoebe, our Council expresses its sincere condolences.

 

May she rest in peace.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Waller           Seconded: Clr Shelton

 

That Council writes to Pamela Short’s family to express our condolences for their loss.

 

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

 

 

CONFIRMATION OF MINUTES

 

Motion:                                   Moved: Clr Shelton              Seconded: Clr Hadid

 

That the minutes of the Ordinary Meeting held on 26 February 2020 be confirmed as a true record of that meeting.

 

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

 

 

DECLARATIONS OF INTEREST

 

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

 

Item: ........ NOM 01 Disqualifying real estate agents and property developers from civic office

 

Item           NOM 04 Ban on Prohibited Donors

 

Reason:.... Clr Hadchiti holds a NSW Real Estate Licence (Corporate & Individual). Both item NOM 01 and NOM 04 call for real estate agents to be banned from running for Civic Office. Clr Hadchiti made the decision in December 2019 that he will not be standing for Civic Office after this term of Council and therefore the items will have nil effect on him.

 

Note: Items NOM 01 and NOM 04 were withdrawn and not dealt with at this meeting.

Clr Hagarty declared a non-pecuniary, less than significant interest in the following item.

 

Item: ........ QWN 04 Question with Notice - Clr Rhodes - Liverpool Community Hub

 

Reason:     Clr Hagarty is the chairperson of the Liverpool Community Hub.

 

Clr Hagarty remained in the room for the duration of the item.

 

Clr Hagarty declared a pecuniary interest in the following item:

 

Item: ........ NOM 04 Ban on Prohibited Donors

 

Clr Hagarty is a staff member of a Member of Parliament.

 

Note: Item NOM 04 was withdrawn and not dealt with at this meeting.

 

Clr Hagarty, Clr Kaliyanda and Clr Shelton declared a non-pecuniary, less than significant interest in the following item:

 

Item:          CORP 01 Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society

 

Reason:.... Clr Hagarty, Clr Kaliyanda and Clr Shelton are Ordinary members of the City of Liverpool and District Historical Society.

 

Note: Item CORP 01 was deferred to the April 2020 Council meeting.

 

Clr Karnib and Clr Balloot joined the meeting at 6.09pm

 

Clr Kaliyanda declared a non-pecuniary, less than significant interest in the following item:

 

Item: ........ NOM 04 Ban on Prohibited Donors

 

Reason:.... Clr Kaliyanda has previously been a candidate for state and federal parliament.

 

Note: Items NOM 04 was withdrawn and not dealt with at this meeting.

 

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

 

Item: ........ NOM 01 Disqualifying real estate agents and property developers from civic office

 

Item           NOM 04 Ban on Prohibited Donors

 

Reason:.... Clr Ayyad’s husband holds a NSW Real Estate licence but does not currently work as a real estate agent.

 

Note: Items NOM 01 and NOM 04 were withdrawn and not dealt with at this meeting.

 

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

 

Item: ........ NOM 01 Disqualifying real estate agents and property developers from civic office

 

Item           NOM 04 Ban on Prohibited Donors

 

Reason:.... Clr Balloot holds a NSW Real Estate Licence but has never worked as a real estate agent.

 

Note: Items NOM 01 and NOM 04 were withdrawn and not dealt with at this meeting.

 

 

PUBLIC SUBMISSIONS

 

Written submissions for items not on agenda

 

1.       Mr Erik Rakowski from RAID Moorebank made a written submission to Council on the following matter:

 

Funding for appeal proceedings.

 

This submission has been circulated to Councillors.

 

Written submissions for items on agenda

 

1.     Ms Fiona Macnaught made a written submission to Council on the following item:

 

NOM 03: Save Liverpool Animal Shelter

 

This submission has been circulated to Councillors.

 

 


 

Mayoral Minute

 

SUBJECT:          Council’s response to Novel Coronavirus (COVID-19)

REPORT OF:      Mayor Wendy Waller

ITEM NO:            MAYOR 01

 

Liverpool City Council is closely following information provided by the NSW and Australian Governments about novel coronavirus (COVID-19) and as the situation evolves, continues to share updates with Council staff and the wider community.   

 

Following directives of the Australian and NSW Governments, Council’s Critical Incident Response Team has acted quickly to make changes to Council services and facilities to ensure the health and wellbeing of Council staff and community members.  

 

Many Council departments have been split into smaller teams, each working at a different office or home location to minimise close contact with one another and ensure Council is equipped to continue serving the community. Staff have been provided with tools and resources to continue working effectively from their allocated location.  

 

At this stage, Council’s Customer Service Centre, Casula Powerhouse Arts Centre, all Liverpool City Library branches, Liverpool Regional Museum, Council-owned leisure and recreation centres, Liverpool Animal Shelter and the Community Recycling Centre have been closed to the public until further notice.   

 

Council’s public events have been postponed indefinitely, all casual hire of community facilities has been suspended and there are restrictions on the use of Council parks and sporting grounds. Council has also suspended bulk rubbish household collections for the time being.  

 

Council continues to receive and respond to customer requests lodged online or over the phone. Council will continue kerbside waste collection and its early learning and childcare centres remain open.  

 

This information and future changes, pending requirements set out by the Australian and NSW Governments, will continue to be communicated to the community.  

 

Council staff continue to investigate ways Council can support and keep connected with the wider community during these unprecedented times.

 

 

 

 

 

 

Motion:                                   Moved: Mayor Waller

  

That Council: 

 

1.     Thank Council staff for their speedy and effective response to the challenges of novel coronavirus (COVID-19);

 

2.     Waive the following fees:

·       Outdoor Café permit; and

·       Parking in Warren Service Way for essential workers on available spaces;

 

3.     Contact state government and request they waive their parking fees at the Liverpool Hospital carpark; and

 

4.     Consider waiving any previously outstanding amounts for Outdoor Café permits.

 

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

 

 

   

  


 

MOTION OF URGENCY

 

ITEM NO:  MOU 01

SUBJECT: Approval to provide funding for RAID Moorebank Class 1 merits appeal

 

The Chairperson accepted the motion as urgent.

 

Approval to provide funding for RAID Moorebank Class 1 merits appeal as resolved by Council on the 5 February subject to conditions and again on the 26 February 2020. On a matter of urgency to address matters not covered in the 26th February Motion and in order to meet allocated court dates.

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Hadchiti             Seconded: Clr Rhodes

 

That Council:

 

1.       Continue to act on its promise and duty to do all it can to protect the safety and minimise any negative impacts the Intermodal may have on its ratepayers;

 

2.       Notes that approval to provide funding up to $300,000 to RAID Moorebank Inc to execute a Class 1 merits appeal was approved by this council on the 5 February subject to due process and again on the 26 February 2020;

 

3.       Notes that there were no submission received against Council funding the litigation from the Community and that 28 submissions were received in support of the Council providing Funding at the conclusion of the exhibition period in accordance to the public exhibition requirements contained in s.356 of the Local Government Act 1993;

 

4.       Notes that the case outline provided via letter from RAID Moorebank Inc's instructing solicitor is founded on advice from senior counsel. The letter received by Council reconfirms the conditions place on the provision of funding that was discussed at the February 25 meeting included advice that;

a)    the basis of challenge is on matters of Air Quality and Traffic Issues;

b)    and costs for expert witnesses of between and up to $30,000 - $50,000 which is necessary to provide an outline of Case prospects; and

c)     the Total costs for litigation to be up to $300,000;

 

5.       Council acknowledges having previously agreed to Council funding of between $30,000 to $50,000 in order to provide expert advice outlining case prospects during discussions at the Council meeting 25 February, and reconfirms to direct the CEO to make necessary arrangements for any such payment of invoices upon presentation;

 

6.       Allocate an amount of up to $50,000 from the approved $300,000 to allow the collation of expert advice which will inform the prospects of success of the case;

 

7.       Notes that a legal report will be provided outlining the case prospects from expert witnesses and pending that report, Council may further agree to allocate the financial amount of up to $300,000 in total so as to fund legal fees and disbursements and expert witness costs relating to the Class 1 Appeal in the NSW Land and Environment Court by RAID Moorebank Inc., subject to presentation of invoices; and.

 

8.       Directs the CEO to urgently write to Woolf Associate Solicitors confirming the Council resolution to make such funds available in such a timely manner to meet dates designated by the court.

 

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

 

Clr Shelton voted against the motion.

 

BACKGROUND

 

As advised by Mr Rakowski, the matter of funding as previously approved by Council has now become urgent in order to meet the Court date of 4 April 2020.

 

Council resolved on the 5 and 25 February to provide funding to RAID Moorebank Intermodal Inc in order to execute a Class 1 Merits appeal to protect the safety and minimise the negative impacts on the residents of Liverpool.

 

We note the letter from the instructing Solicitor failed to be delivered to Councillors before the Council Meeting 26 February, and that greater clarity in the motion provided in CORP 06 was necessary to initiate action in accordance with the resolution of Council.

 

We appreciate Mr Rakowski, has now presented to all Councillors all documentation in the interest of explanation and transparency.

 

We note that all information is now before all Councillors so they can understand the urgency to have this matter resolved in a manner that will deliver the funding of legal matters as agreed.

 

We note that the documentation provided by Mr Rakowski confirms the verbal account of the matters addressed at the February 26 meeting in regard to the conditions place upon the approval of funding in that the case basis is acknowledged as that of Air Quality and Traffic issues all costs are confirmed, the need to engage expert advice on the  prospects of the case, together with that cost being as stated at the February 25 meeting being between $30,000 and $50,000.  

 

Councillors have voted in a majority on two separate occasions to fund litigation proceedings in order to mitigate on behalf of the safety and wellbeing of Liverpool residents.

 

 

 

We apologise that the wording of the previous motion CORP 06 did not address all matters in such a way to make clear the intention of the resolution made by Councillors at the February 25 meeting and ask that Councillors reconfirm their resolution to fund the litigation against the Moorebank Intermodal by passing the above motion.

 

 

 

 

 

 

 

 

 


17

 

ITEM NO:       CEO 02*

FILE NO:        054926.2020

SUBJECT:     Motions for 2020 National General Assembly of Local Government

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

Endorse the officer amendments to the motions as outlined in the report to be submitted to   the Australian Local Government Association (ALGA) for consideration at the June ALGA Board meeting, subject to the following amendment to Proposed Motion iii)(a) Sustainable Housing Development so that it reads:

 

  • Limits housing developments to cover no more than 40% of block size in urban Developments excluding secondary developments.

 

Foreshadowed motion:       Moved: Clr Rhodes              Seconded: Clr Harle

Endorse the officer amendments to the motions as outlined in the report to be submitted to   the Australian Local Government Association (ALGA) for consideration at the June ALGA Board meeting.

 

On being put to the meeting the motion (moved by Clr Hadchiti) was declared CARRIED and the Foreshadowed motion (moved by Clr Rhodes) lapsed.

 

 


19

Clr Kaliyanda left the room at 6.44pm.

 

Clr Kaliyanda returned to the meeting at 6.45pm.

 

City Economy and Growth Report

 

 

ITEM NO:       EGROW 11*

FILE NO:        069170.2020

SUBJECT:     Adoption of Liverpool Local Strategic Planning Statement

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Rhodes              Seconded: Clr Harle

 

That Council:

 

1.    Does not amend the draft Liverpool Local Strategic Planning Statement (LSPS) Action 10.2 and Structure Plan inset map so that the clause remains unchanged and reads:

 

“Prepare structure plan and planning proposal to rezone the Warwick Farm racing precinct to B4.”

 

2.    Delegates authority to the CEO to make any other minor typographical or editing amendments to the LSPS if required; and

 

3.    Subject to receiving a formal letter of support from the Greater Sydney Commission (GSC), delegates authority to the CEO to adopt the LSPS, in accordance with Section 3.9(3A) of the Environmental Planning & Assessment Act 1979.

 

Foreshadowed motion:       Moved: Clr Hagarty              Seconded: Clr Kaliyanda

 

That Council:

 

1.    Amends the draft Liverpool Local Strategic Planning Statement (LSPS) Action 10.2 and Structure Plan inset map to read:

 

“Prepare structure plan and planning proposal to rezone the Warwick Farm racing precinct to a mix of uses, including B4.”

 

2.    Delegates authority to the CEO to make any other minor typographical or editing amendments to the LSPS if required;

 

  1. Subject to receiving a formal letter of support from the Greater Sydney Commission (GSC), delegates authority to the CEO to adopt the LSPS, in accordance with Section 3.9(3A) of the Environmental Planning & Assessment Act 1979;

 

  1. Notes that the final decision on the LSPS will be made by the Greater Sydney Commission but that the residents have requested B4 zoning, which Council is supportive of.

 

  1. Notes that the bypass road is paramount and it is needed for residents safety and is something that the residents have requested and that the bypass road should be zoned Special Purpose (SP2).

 

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

 

Vote for:             Clr Harle, Clr Rhodes.

Vote against:     Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadid, Clr Hadchiti, Clr Hagarty, Clr Karnib, Clr Kaliyanda, Clr Shelton.  

 

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

 

Vote for:             Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadid, Clr Hadchiti, Clr Hagarty, Clr Karnib, Clr Kaliyanda.

Vote against:     Clr Harle, Clr Rhodes, Clr Shelton.

 

 

 

 


20

City Community and Culture Report

 

ITEM NO:       COM 01*

FILE NO:        018356.2020

SUBJECT:     Grants, Donations and Corporate Sponsorship

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Hadchiti             Seconded: Clr Rhodes

 

That this item be deferred until the applicants can be contacted and projects can be assessed with the current COVID-19 issues in mind and a report brought back to Council.

 

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

 

 

 


21

 

Questions with Notice

 

ITEM NO:       QWN 01

FILE NO:        049226.2020

SUBJECT:     Question with Notice - Clr Rhodes - Public Art for New Civic Centre

 

At a recent Art exhibition by local artists held at CPAC, there were a number of paintings based on the theme “The History of Liverpool”. It would be an opportunity for Council to support both local artists and provide appropriate art in the new Civic Centre.

 

Question

 

Could paintings be nominated by the public for possible purchase by Council to be hung in the new Civic Centre once it is built?

 

Response

 

Council acquires artwork for the Collection via the following prizes which are currently budgeted for:

·    $5,000.00 Liverpool City Council Overall Winner Prize from the annual Liverpool Art Society Exhibition and Prize.

·    $3,000.00 Mayor’s Choice Award from the annual Mil-Pra AECG Prize.

·    $2,000.00 Maria Lock Award from the annual Mil-Pra AECG Prize.

·    $5,000.00 Blake Emerging Artist Award (every second year).

 

The winners of each of these go into the collection and there is currently no further acquisition budget.

 

To purchase artworks outside of these prizes (for example from the ANZ History Prize) would require a new initiative to acquire funds to cover the sale price of the artwork.

 

Additionally, any artwork or asset acquired by Council needs to be acquired under set criteria, be approved by a Manager with appropriate delegation and be managed within a collection plan.

 

Any artworks to be displayed in the new Civic Centre would need to have longevity: be secure from theft, be easily maintained and conserved and be constructed with materials and media durable enough to withstand long-term display in a non-gallery environment.

 

 


23

 

ITEM NO:       QWN 02

FILE NO:        049231.2020

SUBJECT:     Question with Notice - Clr Rhodes - Seniors Community Consultation

 

Council recently identified the concerns seniors identified having a healthy, mind, body and feeling safe as what matters most to them and that Council will be considering policies and strategic directions towards creating and age-friendly City.

 

Questions

 

1.    When will Council be presenting policies to deliver an Age Friendly City?

 

2.    Will there be a specific Council workshop through which Councillors and Community are invited to participate?

 

Response

 

In November 2019, Council staff conducted community consultation with local seniors who attended the Liverpool Seniors Concerts. Over 900 senior community members attended these concerts over two days and identified the key concerns of having a healthy mind and body and feeling safe as they age in Liverpool.

 

In December 2014, Council joined the World Health Organisation (WHO) Global Network of Age-Friendly Cities and Communities (GNAFCC). This network strives to create urban environments that foster healthy and active ageing and the wellbeing of older people. Being part of this global network gives Council the opportunity to:

·    Link with participating cities and share information, expertise and technical assistance;

·    Facilitate the exchange of information and best practice with participating cities;

·    Provide programs that are sustainable and cost-effective for improving the lives of older people; and

·    Promote and brand Liverpool as a centre for business and services that cater to the needs of older community members.

 

The Community Development team is currently investigating the process of renewing this membership with a view to this being achieved by December 2020. Councillors will be invited to provide direction on outcomes and programs to meet Liverpool’s ageing population.

 

A number of existing Council strategies incorporate actions which address the needs identified by seniors as being important to them:

 

·    The Disability Inclusion Action Plan considers the need for inclusiveness and accessible public spaces and activities for community members who require additional support to access their community.

·    The Community Safety and Crime Prevention Strategy and Action Plan also addresses the need of older people to feel safe by including actions which  encourage the delivery of community health and wellbeing projects specifically targeted to older residents. This include programs which address fall and trip injuries.

·    The Liverpool City Centre Public Domain Masterplan outlines that Liverpool will provide inclusive places for all people, ensure spaces are accessible for all, and provide places that will allow programs to support healthy living. This plan is informed by Council’s Community Strategic Plan, which emphasises the importance of providing access and equity to all community members, including seniors.

 

As co-convenors of the South West Sydney Ageing and Disability Forum (SWSADF), Council will continue to work closely with relevant community groups and organisations to support programs and initiatives in Liverpool which support seniors. These stakeholders will inform the most appropriate methods of consultation with senior community members. Councillors will be invited to participate in this consultation process and will have the opportunity to contribute to these ongoing discussions with Liverpool’s older residents.

 

COUNCIL DECISION

 

Motion:                                   Moved:      Clr Rhodes         Seconded:  Clr Harle

 

Council prepare a report of all identified areas of opportunity for Council to better engage the aged Community and present it to the Age Workshops in December 2020 where the following is addressed:

·       Suitable changes to notification periods for DAs in consideration of the aged;

·       Suitable changes to methods of distribution of notification to the aged;

·       Suitable changes to communications to the Aged on Age relevant matters;

·       Possible Council run daily Agedcare facilities where their social and personal daily needs are catered for such as meals; and

·       Culturally sensitive and CALD background aged care support be developed.

 

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

 

 

 

 

 

 


25

 

ITEM NO:       QWN 03

FILE NO:        049237.2020

SUBJECT:     Question with Notice - Clr Rhodes - Monitoring of Air Quality in Child Care Centres

 

Children’s services is working closely with NSW Health and the Rural Fire Services to ensure that risks are minimised for Children and their Families, protecting their health, while in Council’s Early Education Centres.

 

Questions

 

1.    What is Council doing to educate and protect the health of Children who do not attend Early Education Centres, or an Education Centre that does not belong to Liverpool Council?

 

The NSW Environment Protection Authority works with Government, industry, community, environment and other stakeholders on strategies to reduce air pollution and improve air quality. In NSW the Department of Education developed key strategies and educational tools to support NSW schools and education and care services to understand the impacts of poor air quality and the potential impact on student’s health. Awareness campaigns were conducted for early childhood education, primary and high schools, providing specific strategies to reduce smoke exposure. 

 

In order to promote public awareness and education, NSW Health have developed a wide array of educational materials for the community, children’s services providers and general practitioners ensuring that risks of exposure to poor air quality are minimised.

 

2.    How can Liverpool Council ensure the protection of all Liverpool residents during periods of poor air quality?


As outlined in the Local Government Air Quality Toolkit, Local government authorities play an important role in implementing Commonwealth and State initiatives for managing air quality. In NSW, this role is defined through the Protection of the Environment Operations Act 1997 (POEO Act), the Environmental Planning and Assessment Act 1979 (EP&A Act) and the Local Government Act 1993 (LG Act). Local councils’ main air quality responsibilities are in respect of small businesses, domestic premises and urban planning.

 

Council will rely upon the NSW Department of Planning, Industry and Environment’s Air Quality Index (AQI). There are 2 air monitoring locations within or close to Liverpool City Council, at Bringelly and Liverpool. Air Quality Index values are calculated using measurements of ozone, carbon monoxide, sulfur dioxide, nitrogen dioxide, airborne particles and visibility. The AQI provides a comparison of air pollutants, standardising these measurements into an index which illustrates the level of risk.

 

NSW AQI updates can be found at: https://www.dpie.nsw.gov.au/air-quality/current-air-quality

 

To subscribe to regular air quality updates follow this link: https://www.dpie.nsw.gov.au/air-quality/subscribe-to-air-quality-updates

 

A specific index for Liverpool can be found at https://aqicn.org/city/australia/nsw/liverpool/sydney-south-west/

 

Ljverpool City Council in conjunction with the University of Wollongong has been installing air-monitoring systems within the Liverpool City Centre to enable collection of data on air pollution arising from both fine and coarse particles. Having objective data will enable a more effective conversation with the NSW Environment Protection Authority regarding appropriate response and corresponding funding. 

 

Council also has street level air quality monitoring in the city centre as a result of the Smart Cities and Suburbs Program. This live data can be found at https://pavo.its.uow.edu.au/

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Rhodes                                      Seconded: Clr Harle

 

That Council:

 

a)    Prepare a report to be provided to the May Council Meeting on the cost and effectiveness of providing portable air monitoring stations to be made available for use throughout the LGA on a similar basis as the Council Cameras.

 

b)    A time frame where if determined to proceed, when the air monitoring stations could be in operation.

 

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

 

 

 


27

 

ITEM NO:       QWN 04

FILE NO:        049238.2020

SUBJECT:     Question with Notice - Clr Rhodes - Liverpool Community Hub

 

Recently Liverpool Council partnered with Community Hubs Australia to support the National Community Hubs Program in Liverpool.

 

The purpose of the Hubs are to:

 

Connect Families with each other, their school and existing services and local organisations, that can supply health, settlement support and socialising for Migrant mothers.

 

Questions

 

1.   What does the new National Community Hubs do that was not already being supplied through the Migrant Resource Centre other than a closer connection to the school children may attend?

 

2.   What is the manner in which Council has partnered with the new National Community Hubs, what does Council actually contribute?

 

3.   Does it cost Council money and if so how much?

 

Response

 

The National Community Hubs Program (NCHP) provides support to refugee and migrant women with pre-school aged children to support them in accessing education, health, settlement support and social cohesion programs. Without a welcoming hub to go to, many of these parents, mostly women, can spend most of their time at home, feeling isolated from the rest of the community.

 

Community Hubs in schools differ from the work of the Western Sydney Migrant Resource Centre (WSMRC) in that they provide a soft entry point for community members who might otherwise not engage. For many community members, their child’s school is one of the few locations they are confident to attend, and the hubs provide an opportunity to connect with other community members, organisations and services within that existing safe and familiar space. The hubs enable connection and engagement for parents with agencies such as WSMRC to access programs and services they offer.

 

Council has a convening role within the NCHP in Liverpool. Council acts as Support Agency for the Liverpool Network of hubs and provides operational support, strategic leadership and guidance to the local hub network, as well as managing the relationship between the Liverpool Network and Community Hubs Australia (CHA). Council is responsible for the development and submission of quarterly reports and data on the progress of the Liverpool Network of hubs.

 

Council provides a significant connection between the NCHP Liverpool Network of hubs and relevant services and organisations who can provide vital programs and activities to benefit community members who access the hubs. Examples include the connection of two hubs with Liverpool Neighbourhood Connections, who have now partnered with the program to provide playgroups in these hubs. Council has also facilitated a relationship between the hubs and educational institutions such as TAFE to deliver training courses free of charge within the community hubs.

 

Since it commenced in Liverpool in January 2019, the NCHP Liverpool Network has engaged 216 new families with activities and programs that will support their education, employment and social cohesion goals. The community hubs have provided 180 conversational English language classes to community members who are otherwise ineligible to receive free classes due to visa or other restrictive eligibility criteria. The hubs have facilitated 108 referrals to services for additional support including family support, child health services, pre-school and community health services.

 

Council’s role as Support Agency for the NCHP is funded through Community Hubs Australia, who receives funding from the Department of Home Affairs and the Scanlon Foundation. Commencing the financial year 2020/2021, Council will contribute $10,000 annually towards the salary and program costs for the role of Support Agency.

 

 

 


29

 

ITEM NO:       QWN 05

FILE NO:        049241.2020

SUBJECT:     Question with Notice - Clr Harle - Membership on Planning Panels

 

Council currently operates two Planning Panels that assess Development Applications.

 

One is the Local Planning Panel and the other is the Sydney Western City Planning Panel. Both Panels have Councillor appointed members.

 

Can Council ensure that whenever possible the required number of panel members are present at each of the meetings?

 

Over the past 18 months there has been a notable absence of the required number of panel members assessing development applications for the Liverpool LGA. This is despite having several alternative members listed on the eligibility list.

 

Is it possible to extend that list and ensure adequate community representation takes place at each and every Panel Meeting?

 

Response

 

There are two panels responsible for determining certain Development Applications (depending on the cost of works or referral criteria). They are the Liverpool Local Planning Panel (LPP) and the Sydney Western City Planning Panel (SWCPP). Only the Sydney Western City Planning Panel has Councillor representation. The Local Planning Panel is not permitted to have Councillor representation following changes introduced to the planning system by the NSW Government in 2017.

 

Local Planning Panel

 

Under Section 2.18(2) of the Environmental Planning and Assessment Act, members of the Liverpool Local Planning Panel are appointed by Council. The LPP consists of four members. They are:

 

·    An approved independent person appointed as the Chairperson of the Panel with relevant expertise in law or in government and public administration;

·    2 other approved independent persons with relevant expertise

·    A representative of the local community who is not a Councillor or Mayor.

 

When setting meetings, Council ensures that a community representative member attends Local Planning Panel meetings.

 

 

 

Sydney Western City Planning Panel

 

The Sydney Western City Planning Panel (SWCPP) is the designated regional panel that determines development applications that are classified as ‘regionally significant’ in the Liverpool LGA.

 

The SWCPP is a NSW Government agency pursuant to Section 2.12(4) of the Environmental Planning and Assessment Act. The SWCPP consist of 5 members. 3 members are appointed by the Minister of Planning and Public Spaces and 2 members from Council (the Council nominees). Council resolved at its meeting on 25 September 2019 that its primary representatives on the Panel are Mayor Waller and Cr Harle and its alternate members are Cr Hagarty and Deputy Mayor Cr Karnib.

 

The SWCPP has alternate members in case a primary panel member cannot attend a meeting.

 

The SWCPP operates under their own operational procedures including the required quorum for a meeting to proceed. The operational procedures states that a quorum for a planning decision is a majority of the panel members, including the chair, i.e. a total of three members. The Planning Panel Secretariat always extends meeting invitations to Council’s representatives. If Council’s primary representatives cannot attend a meeting, the Secretariat will extend the invitation to Council’s alternate representatives. If for whatever reason a Council representative cannot attend the meeting, the operational procedures of the Panel allow for the meeting to proceed with the three State appointed members forming the quorum. 

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Harle                                 Seconded:Clr Rhodes

 

That a report be brought back to Council about the feasibility of additional members or reserves on the Sydney Western City Planning Panel and the Local Planning Panel.

 

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

 

 

 


31

 

ITEM NO:       QWN 06

FILE NO:        049243.2020

SUBJECT:     Question with Notice - Clr Ayyad - Memorial School of Arts

 

Please address the following:

 

1.       How much was spent on the upgrade of the surrounds of the school of arts?

 

          Approximately $1.6 million was spent on the upgrade works.

2.       Who prepared the landscaping plan?

 

Urbis Pty Ltd was engaged to prepare the landscaping plan.

3.       How much was spent on the design of the landscaping plan?

 

$43,450 (inc. GST)

4.       How much did it cost to deliver the landscaping plan?

 

Approximately $1.6 million as in (1) above.

5.       Can you please provide photos of the completed landscaping plan and any media releases related to it?

 

Photos of the completed works are attached. There were no media releases published following the completion of the works.

6.       When was the school of arts leased out?

 

The original Lease was agreed in August 2017. The Lease commencement date was subject to the Tenant submitting and obtaining the necessary Development Approvals for the proposed fitout, signage and use. The Tenant has since obtained the Development Approval but is still awaiting issue of the Construction Certificate.

 

Delays in obtaining the planning approvals are due to the impact of the tenant’s proposed fitout on the heritage fabric of the building, the compliance requirements associated with proposed use as an educational institution, and determination by the Local Planning Panel, Lessees response in providing additional information required during this process and works required to the building.

 

 

 

 

 

7.       When was agreement reached?

 

The original Lease agreement was reached in August 2017, whilst the Tenant was awaiting the issue of the above-mentioned approvals, the parties agreed to amend the Lease based on the delays to a proposed new Lease version which was to commence on 30 September 2019, by inserting a termination clause which allows the lease to be terminated any time after 30 June 2023, by giving a six month notice to terminate. The commencement date is being revised pending the Construction Certificate being issued.

8.       How much income has been received so far from the lease?

 

No rental income has been received.

 

9.       When does the lease finish.

 

The initial term is due to expire on 28 September 2022 with provision for a three year option term which will expire on 28 September 2025.  Under the terms of the amended new lease the termination clause will include provision for termination any time after 30 June 2023 by giving a six month notice.

 

 

 


34

 

ITEM NO:       QWN 07

FILE NO:        049342.2020

SUBJECT:     Question with Notice - Clr Hadchiti - Local Infrastructure Contributions (Section 7.11)

 

Please address the following:

 

1.    Is Council aware if the NSW Audit is undertaking a performance audit on Section 7.11’s?

 

2.    Has Council undertaken any audits internally/externally on Section 7.11’s during this term of Council and if so, can we be provided with these reports?

 

Response

 

1.    Is Council aware if the NSW Audit is undertaking a performance audit on Section 7.11’s?

 

Yes. The NSW Audit Office initially contacted Council on 23 August 2019 to commence the audit process. Council were officially notified on 6 September 2019 of the audit, inclusive of an engagement letter and audit plan.

 

The stated aim of the audit was “to assess the effectiveness of governance and internal controls over local infrastructure contributions collected by councils.”

 

Liverpool was selected to be a part of the audit along with 3 other Councils.

 

Staff have been active and transparent in all dealings with the NSW Audit Office during the audit process. The draft audit report was submitted to Council on 2 March 2020. The purpose of the draft report is to provide Council with the opportunity to correct errors of fact or interpretation before the NSW Audit Office prepare the final report. The draft report remains confidential during this process, and Council has been asked to limit its distribution.

 

It is anticipated that the NSW Audit Office will issue the final report by 27 March 2020 for formal response. The formal response will be included in the published report when it is tabled in the NSW Parliament by the Auditor-General.

 

2.    Has Council undertaken any audits internally/externally on Section 7.11’s during this term of Council and if so can we be provided with these reports??

 

Council’s Internal Audit Unit undertook an audit of the developer contributions and consent levies in 2018. The final report issued on 14 December 2018 identified several issues and opportunities for improvement, incorporating management agreed actions to address the issues identified in the report. A copy of this report has been circulated to Councillors via email.

 

Please note that the management responses in the report were written at the time the audit was finalised. The progress status on the implementation of these actions are tracked and updated though Promapp (Council’s audit action tracking software). Summary status updates and time extensions in relation to implementing these recommendations are tabled to the Audit, Risk and Improvement Committee (ARIC) quarterly (Councillors are provided a copy of the Agenda). 

 

On the 8 Feb 2019 ARIC were briefed on the outcomes of the Contributions audit. Senior Management presented the approach to address key findings and recommendations contained in the report to the independent ARIC members.

 

Following this internal audit, Council has commenced a wide-ranging program of initiatives and actions to address all finding of the audit report with the overall aim of improving the way that Council manages developer contributions.  The initiatives and actions include:

·    Recruitment of Manager Infrastructure Planning to lead a small team of staff dedicated to developer contributions;

·    Creation of an internal reference group to better manage the contributions framework;

·    Broad ranging review of governance, systems and plans;

·    Improved documentation available for customers, including mapping of items and relevant plan application areas on the ePlanning Portal;

·    Commencement of Aerotropolis Contributions Plan in conjunction with Penrith City Council and the Western Sydney Planning Partnership;

·    Progressing updates to “capped” contribution plans to make them fit for submission to IPART as an important step towards recovering contributions impacted by the government imposed s7.11 cap on contributions. A summary of the status of these updates is as follows:

Austral/Leppington North – awaiting exhibition

Edmondson Park – review underway

East Leppington – procurement process underway;

·    Inclusion of details of the financial impact of the cap in Council reports on Liverpool Contributions Plan 2014 – Austral Leppington North precincts (25 September 2019 and 11 December 2019). Both reports include detail of the cost per lot of $56,097 and the capped amount of $30,000. Additionally, the 11 December 2019 report also includes specific reference to an anticipated $20m annual shortfall and that this shortfall would “be addressed once council is collecting strictly in accordance with the updated contributions plan”.

·    Enhanced internal reporting of contribution accounts (income/expenditure);

·    Engagement with Independent Pricing and Regularity Tribunal (IPART) to ensure more efficient processing of review of Council plans;

 

·    Participation in Western Sydney Planning Partnership contributions working group – developing best practice amongst Western Sydney councils;

·    Identification of key risks associated with S7.11 related activities are ranked in the top 10 of Council’s strategic risks;

·    Quarterly Enterprise Risk Management reporting to ARIC and Councillors of Councils key strategic and operational risk, including the contribution risk; and

·    Regular briefing of the CEO by the Director City Economy & Growth on the progress of mitigating key risk areas pertaining to S7.11 audit and risk outcomes.

 

These initiatives have reduced the risk associated with the contributions framework while allowing the Infrastructure Planning team to undertake a full review of the systems, plans and processes supporting the contributions framework. It is intended that this new approach to growth management will see Council become a leader in this space and will ensure all the remaining risks are addressed in a systematic and transformative nature.

 

 


35

 

ITEM NO:       QWN 08

FILE NO:        049368.2020

SUBJECT:     Question with Notice - Clr Hadchiti - Contamination Reports

 

I thank staff for their response regarding contamination reports in the last business paper.

 

Please address the following:

 

1.   Has Council ever undertaken a survey from companies that have provided contamination reports as part of DA’s to seek feedback on Council processes?

 

Response

 

Council has not undertaken any surveys from companies that have provided contamination reports as part of the DA assessment.

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council undertake surveys from companies that have provided contamination reports as part of the DA assessment.

 

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

 

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

 

 

 

 


37

 

ITEM NO:       QWN 09

FILE NO:        049371.2020

SUBJECT:     Question with Notice - Clr Hadchiti - Moorebank Recyclers

 

Please address the following:

 

1.     Has any progress been made on ensuring we don’t see a recycling facility in Georges Fair?

 

Response

 

At its meeting on 30 May 2018, Council resolved:

 

That Council:

1.   In principle, support a proposal for a residential (and auxiliary) land use on the site known as the Moorebank Recyclers in lieu of a recycling facility;

2.   Note that any proposal needs to undergo the standard assessment process;

3.   Work closely with the proponent to ensure the best possible outcome for the site in a timely manner, should a proposal be received; and

4.   Organise a community BBQ once and if the development approval for the recycling plant is surrendered.


Following Council’s resolution, the following formal meetings between Council, the landowner and their consultant team have occurred:

 

13 July 2018 – Meeting to discuss development of a structure plan for the Moorebank East precinct

 

10 October 2018 – Meeting to discuss proposed density and height of buildings for the site

 

20 February 2019 – Meeting to discuss planning positioning paper prepared by the proponent. This document outlined the proponents preferred development outcome for the site

 

11 April 2019 – Meeting to discuss timeframes, noting that the proponents had not lodged a planning proposal with Council for assessment

13 August 2019 – Meeting to discuss flooding issues including flood evacuation for the site.

 

20 September 2019 –Pre-planning proposal meeting, with formal advice issued to the proponent

 

10 December 2019 – Meeting with the proponent following their review of the flood evacuation report

 

The proponent contacted Council on 14 February 2020 and 26 February 2020 advising of the imminent lodgement of a planning proposal. The planning proposal was lodged with Council on 5 March 2020.

 

 

 


38

 

ITEM NO:       QWN 10

FILE NO:        049376.2020

SUBJECT:     Question with Notice - Clr Hadchiti - Civic Place

 

Please address the following:

 

1.   By submitting an early works DA for Civic Place, can it be interpreted by the public that Council has already determined the final outcome of the building DA before a building DA has even been submitted?

 

Response

 

Noted, it could be interpreted this way, but no works will commence until the Masterplan DA has been approved.

 

Council has submitted an early works DA to enable the demolition and excavation, a major time component of Liverpool Civic Place, to potentially commence on approval of the Masterplan DA and the subsequent approval of the early works DA, but also potentially before the approval of the actual Council Works DA.

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That Council move into Closed session (pursuant to the provisions of Section 10(A)(2)(d ii) of the Local Government Act 1993) at the end of the meeting to discuss this matter.

 

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

 

 


39

 

ITEM NO:       QWN 11

FILE NO:        065428.2020

SUBJECT:     Question with Notice - Clr Balloot - Cyber Security and Operating Expenditure

 

Please address the following:

 

1.    Does Liverpool council have its cyber security policies up to date to meet the current cyber security threats?

 

2.    Does Liverpool council have its IT policy for security and disaster recovery in place to meet the challenges in 2020 and beyond?

 

3.    Please advise if Liverpool council operating expenditure exceeds their operating revenue for 2020?

 

A response to these questions will be provided in the April 2020 Council meeting business papers.

 

 

 


40

 

ITEM NO:       QWN 12

FILE NO:        065444.2020

SUBJECT:     Question with Notice - Clr Balloot - Forum - National Redress Scheme of Survivors of Institutional Child Sexual Abuse

 

Please address the following:

 

On Thursday 5th of March I attended the special briefing by New South Wales Attorney General the Honorable Mark Speakman regarding the National redress scheme is part of the federal government response to the royal commission into institutional responses to child sexual abuse.


Council, and Mayors specifically, have new obligations under these reforms, which the state government has committed to.


While historically cases of child abuse in councils and council-run institutions are expected to be rare, councils were signed up to the national redress scheme by the New South Wales government, which will underwrite any financial liability.


Does Liverpool Council have a policy on child sexual abuse?

 

A response to these questions will be provided in the April 2020 Council meeting Business Papers.

 

 

 


41

 

ITEM NO:       QWN 13

FILE NO:        065464.2020

SUBJECT:     Question with Notice - Clr Balloot - Coronavirus (COVID-19)

 

Please address the following:


We have over 100 Coronavirus cases confirmed in Australia, including three deaths up-to-date (11 March 2020).


We have 54 Confirmed cases in NSW up to date (11 March 2020).


What measures is Council taking to ensure the safety of our staff and residents from the spread of Coronavirus?


What measures is Council taking to ensure to the support of small business in our LGA?

 

A response to these questions will be provided in the April 2020 Council meeting business papers.

 

 

 


42

 

ITEM NO:       QWN 14

FILE NO:        067196.2020

SUBJECT:     Question with Notice - Clr Hagarty - Brontos

 

Please address the following:

 

Previously the nearest Brontos were located at St Andrews and Parramatta. Is this still the case?

 

A response to this question will be provided in the April 2020 Council meeting business papers.

 

 


44

 

ITEM NO:       QWN 15

FILE NO:        069282.2020

SUBJECT:     Question with Notice - Clr Shelton - Event Cancellations

 

Please provide:

 

i.     A list of all Council events cancelled or postponed over the last twelve months due to extreme weather events;

 

ii.    A list of all Council events cancelled or postponed over the preceding twelve months due to extreme weather events; and

 

iii.    An estimate as to the costs arising from item (i).

 

A response to these questions will be provided in the business papers for the April 2020 Council meeting.

 

 

 


 

ITEM NO:       QWN 16

FILE NO:        069344.2020

SUBJECT:     Question with Notice - Clr Balloot - Civic Place

 

Please address the following:

 

1.    Has Council done an internal audit report in recent times?

 

2.    Did any of the Councillors view the signed contract between Liverpool Council and Buildcorp Australia for the construction of Civic Place?

 

3.    Can you advise why the cost for the Civic Place has risen from an estimated $75 million in 2016 to $195 million currently?

 

A response to these questions will be provided in the business papers for the April 2020 Council meeting.

 

 


45

 

Notices of Motion

 

ITEM NO:       NOM 01

FILE NO:        065535.2020

SUBJECT:     Disqualifying real estate agents and property developers from civic office

 

NOTICE OF MOTION

 

That Council supports moves to disqualify real estate agents and property developers from holding the office of Councillor or Mayor.

 

COUNCIL DECISION (submitted by Clr Hagarty)

 

Motion:                                   Moved: Clr Hagarty              Seconded: Clr Hadchiti

 

That this Notice of Motion be withdrawn.

 

On being put to the meeting the motion was declared CARRIED

 

 

 


47

 

ITEM NO:       NOM 02

FILE NO:        069317.2020

SUBJECT:     Future for Waste

 

BACKGROUND

 

Liverpool residents are aware of the importance of recycling and most do their bit to reduce, reuse or recycle waste in their daily lives.

 

However, despite these efforts, the amount of waste we’re generating is increasing and recycling and waste diversion rates are flatlining.

 

Our waste and recycling infrastructure is barely keeping up with demand and local governments across Australia have seen the fallout of sending our recycling overseas for other countries to process.

 

The NSW Government collects approximately $800 million every year through the Waste Levy. Recently, the Government put a call out for submissions to a 20 year Waste Strategy issues paper and Plastics Plan discussion paper.

 

The issue of recycling and effective waste management has been brought before Council a number of times. This process presents an timely opportunity to advocate for important improvements to waste management infrastructure and policy.

 

NOTICE OF MOTION (submitted by Clr Kaliyanda)

 

That Council:

 

1.   Notes the long-awaited release of two Issues Papers (Cleaning Up Our Act – The Future for Waste and Resource Recovery in NSW & Redirecting the Future of Plastic in NSW) by the NSW Government on 8 March 2020;

 

2.   Notes that the City of Liverpool paid $9.7m in the S88 waste levy in the last financial year, and received $217k in NSW Waste Less Recycle More grants in the same period (equal to 2.2% of waste levy paid); and

 

3.   Makes a submission to both Issues Papers, consistent with its previously adopted positions, encouraging:

a.   NSW state government funding to support waste avoidance and recovery, including grant to support councils with major capital investments (including by reinvesting the $800 million collected under the S88 Waste Levy into recycling);

b.   The development of a local circular economy, and support for local manufacturing using recycled product;

c.   Deliver consistent education campaigns to promote waste avoidance (reduce/reuse products) and recycling; and

d.   Introduce producer responsibility schemes for problematic materials

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Kaliyanda          Seconded: Clr Karnib

 

That Council:

 

1.   Notes the long-awaited release of two Issues Papers (Cleaning Up Our Act – The Future for Waste and Resource Recovery in NSW & Redirecting the Future of Plastic in NSW) by the NSW Government on 8 March 2020;

 

2.   Notes that the City of Liverpool paid $9.7m in the S88 waste levy in the last financial year, and received $217k in NSW Waste Less Recycle More grants in the same period (equal to 2.2% of waste levy paid);

 

3.   Makes a submission to both Issues Papers, consistent with its previously adopted positions, encouraging:

a.   NSW state government funding to support waste avoidance and recovery, including grant to support councils with major capital investments (including by reinvesting the $800 million collected under the S88 Waste Levy into recycling);

b.   The development of a local circular economy, and support for local manufacturing using recycled product;

c.   Deliver consistent education campaigns to promote waste avoidance (reduce/reuse products) and recycling; and

d.   Introduce producer responsibility schemes for problematic materials.

e.   Continues to investigate all waste to energy opportunities.

 

  1. Waste to energy projects be investigated to demonstrate benefits to the community and then consider including waste to energy in the Community Strategic Plan or Delivery Program/Operation Plan.

 

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

 

 

 

 

 

 

 

 


49

 

ITEM NO:       NOM 03

FILE NO:        069426.2020

SUBJECT:     Save Liverpool Animal Shelter

 

BACKGROUND

 

The community has been outraged by some on this Council wanting to outsource essential services and close Liverpool Animal Shelter and instead have our residents travel to Blacktown Council as the alternate animal shelter.

 

To make things worse, some people in this room told us through the media, that it would cost $17m to build a new animal shelter in Liverpool. This is almost DOUBLE the cost of building the Quest hotel in Liverpool.

 

This motion calls on Council to save ratepayers money and keep the animal shelter in Liverpool and as close as possible to its current location.

 

 

 

NOTICE OF MOTION (submitted by Clr Ayyad)

 

That Council:

 

1.    Allow animal shelters to be a permitted use on the land bordered by Fourth Ave, Fifth Ave, Edmonson Ave, and Bringelly Rd. This includes WV Scott Memorial Park; and

 

2.    Delegate to the CEO to send prepare the amendment to the LEP and report back to Council at its next meeting.

 

COUNCIL DECISION

 

 

The Mayor declared that based on legal advice received, the motion is an illegal motion unless it is dealt with as a rescission motion.

 

 

 

 

 

 

 

 


50

 

ITEM NO:       NOM 04

FILE NO:        069485.2020

SUBJECT:     Ban on Prohibited Donors

 

BACKGROUND

 

If you cannot donate, then why can you run for office? This motion calls on Council to write to both major parties to ban people who are prohibited donors and also those who benefit from industries associated with prohibited donors. It also calls upon those who have significant conflicts of interest to also be prohibited from running on Council.

 

NOTICE OF MOTION (submitted by Clr Ayyad)

 

That Council write the NSW Government and Opposition to ban people who are prohibited donors and also those who benefit from industries associated with prohibited donors and those who have significant conflicts of interest to also be prohibited from running on Council. An example of these industries are to include:

·      Developers

·      Real Estate Agents

·      Builders

·      Concreters

·      Carpenters

·      People engaged in the selling of alcohol and tobacco

·      Staff of members of parliament (both State and Federal)

·      Surveyors

·      Excavators

·      Candidates for state and federal elections

·      And any other person who can benefit from a decision of Council.

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Ayyad                Seconded: Clr Hadchiti

 

That this Notice of Motion be withdrawn.

 

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

 

 

 

 


52

Confidential Items

 

ITEM NO:       CONF 03*

FILE NO:        047681.2020

SUBJECT:     ST2953 Recycling Material Acceptance and Processing Service

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Shelton              Seconded: Clr Rhodes

 

That Council:

 

1.       In accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 declines to accept Visy Paper Pty Ltd T/A Visy Recycling submission in response to the ST2953 Recycling Material Acceptance and Processing Service tender.

 

2.       In accordance with Section 178(3)(e) of the Local Government (General) Regulation 2005 by resolution, delegates authority to the CEO or her nominee to enter into negotiations with Visy Paper Pty Ltd T/A Visy Recycling but with the ability to open this up to other parties, with a view to entering into a contract in relation to ST2953 Recycling Material Acceptance and Process Service.

 

3.       In accordance with clause 178(4) off the Local Government (General) Regulation 2005, notes that the reasons for entering into negotiations and not calling fresh tenders are:

a)    The market was not as expected, resulted in insufficient submissions.

b)    Local offerings within the Liverpool LGA have not been fully explored. By proceeding with direct negotiations, Council will be able to engage with local suppliers and promote awareness of Council’s purchasing procedures, facilitating economic development in the process.

 

4.       Makes public its decision on ST2953 Recycling Material Acceptance and Processing Service.

 

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

 

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

 

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

 

Vote for:             Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadid, Clr Hagarty, Clr Harle,

                            Clr Karnib, Clr Kaliyanda, Clr Rhodes, Clr Shelton.  

 

Vote against:     Clr Hadchiti.

 

 

 

 

 


58

 

ITEM NO:       CONF 04*

FILE NO:        057403.2020

SUBJECT:     Tender WT2892 - Phillips Park Redevelopment

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Hagarty              Seconded: Clr Shelton

 

That Council: 

 

1.       Accepts the tender from HPAC Pty Ltd for Tender WT2892 - Phillips Park Redevelopment for a 52 week contract term at the GST inclusive price specified in the confidential report.

 

2.       Makes public its decision regarding Tender WT2892 - Phillips Park Redevelopment.

 

3.       Delegates the Chief Executive Officer to finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

 

4.       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 accept tenders up to a value of $2 million.

 

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

 

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

 

Councillors voted unanimously for this motion.

 

 

 

.

 


 

ITEM NO:       CONF 05*

FILE NO:        056949.2020

SUBJECT:     Acquisition of part of Lot 431 DP2475 being part of 270 Fifteenth Avenue, Austral for drainage purpose

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council:

 

1.       Approves the acquisition of part of Lot 431 DP2475, being part of 270 Fifteenth Avenue, Austral on the terms outlined in this confidential report;

 

2.       Authorises the CEO or her delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision;

 

3.       Resolves to classify part of Lot 431 DP2475 as “operational” land in accordance with the Local Government Act, 1993; and

 

4.       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 Council is conducting (or proposes to conduct) business.

 

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

 

 

 

 

 

 


 

COUNCIL IN CLOSED SESSION

 

Mayor Waller advised that Council would now move into Closed Session to discuss item QWN 10 (Question with Notice - Clr Hadchiti - Civic Place) because the information discussed was confidential pursuant to the provisions of s10(A)(2)(d ii) of the Local Government Act 1993 because it contains commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

 

Council moved into Closed Session at 8.00pm.

 

Motion:                                  Moved:  Clr Kaliyanda         Seconded: Clr Shelton

 

That Council move back into open session.

 

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

 

At 8.04pm, Council moved back into open session.

 

Note, there was no motion or resolution regarding QWN 10.

 


 

ITEM NO:       NOM 05

FILE NO:        069522.2020

SUBJECT:     Civic Place

 

BACKGROUND

 

According to media and Council’s website, Civic Place is going to cost rate payers $195 million dollars, up from the $75m it was supposed to cost in the last term of Council.

 

Whilst there is support for the project, many residents have been concerned that they haven’t been consulted about the cost.

 

This motion calls on Council to immediately begin community consultation and let the ratepayers and residents know how much Civic Place will cost them and the cost difference from when originally started, as they are the ones paying for it.

 

NOTICE OF MOTION (submitted by Clr Ayyad)

 

That Council:

 

1.    Immediately undertake extensive community consultation regarding the new vs old cost of civic place. This is to include a direct mail out to all rate payers and residents; and

 

2.    Undertake no further work until this has been completed and the results are returned to Council.

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Ayyad                Seconded: Clr Balloot

 

That Council immediately undertake extensive community consultation regarding the new vs old cost of civic place. This is to include a direct mail out to all rate payers and residents.

 

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

 

Clr Shelton and Clr Harle asked that they be recorded as voting against the motion

 

 

 

 

 

 

 

 

The Mayor advised that the remaining items on the agenda (as shown below) will be dealt with at the April 2020 Council meeting:


59

 

THE MEETING CLOSED AT 8.18pm.

 

 

<Signature>

Name: Wendy Waller

Title:    Mayor

Date:    29 April 2020

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 25 March 2020. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.


60

 

 

 

MINUTES OF THE Extraordinary Meeting

HELD ON 16 April 2020

 

 

PRESENT VIA VIDEO CONFERENCING:

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 George Hampouris, Acting Director City Corporate

Mr David Maguire, Internal Ombudsman

Ms Elizabeth Espinosa, General Counsel, Manager Governance, Legal and Procurement

Ms Julie Scott, Manager City Economy

Mr Vishwa Nadan, Chief Financial Officer

Dr Eddie Jackson, Director City Community and Culture

Mr Peter Patterson, Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

Mr Andrew Stevenson, Chief Strategy and Engagement Officer

Ms Tina Sangiuliano, Strategic Organisational Changer Manager

Mr George Georgakis, Manager Council and Executive Services

Ms Susan Ranieri, Coordinator Council and Executive Services (minutes)

 

 

OPENING                                             6.02pm.

 

STATEMENT REGARDING WEBCASTING OF MEETING

The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice, the meeting is being livestreamed.

 

 

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION

Read by the Chief Executive Officer, Ms Kiersten Fishburn.

 

APOLOGIES

 

Nil.                                                       

Declarations of IntEREST         

 

Clr Shelton declared a non-pecuniary less than significant interest in relation to Initiative 13 dealing with fees for casual hirers of Council facilities.

Reason: Clr Shelton is a member of an organisation that does hire casually Council facilities from time to time.  Clr Shelton does not get any benefit.

Clr Shelton will stay online for the meeting during discussion on this item.

 

Clr Shelton declared a non-pecuniary less than significant interest in relation to Initiative 5 dealing parking permit system to businesses and their staff operations from the CBD.

Reason:  Clr Shelton owns a business that operates from the CBD.

Clr Shelton will stay online for the meeting during discussion on this item.

 

Mayor Waller declared a non-pecuniary less than significant interest in relation to Initiatives 13, 14 and 15 dealing with fees for casual hirers of Council facilities, licence fees for Licensed tenants of Council’s community facilities, and fees and charges.

Reason: Mayor Waller is a member of organisations that casually hire Council’s community facilities and also have licence agreements. The Mayor does not have any gain in it, only the organisations which she is a member of do.  

Mayor Waller will stay online for the meeting during discussion on this item.

 

Clr Hadchiti declared a non-pecuniary less than significant interest in relation to Initiative 13 dealing with fees for casual hirers of Council halls.

Reason: Clr Hadchiti’s children do karate and a sister organisation rents a Council hall.  Clr Hadchiti does not get any benefit.

Clr Hadchiti will stay online for the meeting during discussion on this item.

 

Clr Kaliyanda declared a non-pecuniary less than significant interest in relation to Initiative 13 dealing with fees for casual hirers of Council facilities.

Reason: Clr Kaliyanda is a member of an organisation that does hire casually Council facilities from time to time.  Clr Kaliyanda does not get any benefit.

Clr Kaliyanda will stay online for the meeting during discussion on this item.

 

Clr Hagarty declared a non-pecuniary less than significant interest in relation to Initiative 13 dealing with fees for casual hirers of Council facilities.

Reason: Clr Hagarty is a member of an organisation that does hire casually Council facilities from time to time.  Clr Hagarty does not get any benefit.

Clr Hagarty will stay online for the meeting during discussion on this item.

 

Chief Executive Officer Report

 

ITEM NO:       CEO 01

FILE NO:        092286.2020

SUBJECT:     COVID-19 - Liverpool City Council Response

 

DECISION

 

In relation to the Initiatives outlined in the report, that Council carry out the following (as listed and voted on separately at the meeting):

 

Motion                                   Moved Clr Shelton                Seconded: Clr Hadchiti

 

Workforce

 

1. Initiative

That Council direct the CEO for the first six months of 2020/2021, retain the staff budget, as in the 2019/2020 staff budget, with the exception of any mandated award increases.

 

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

 

 

 

 

 

 

 

 

Motion:                                 Moved: Clr Hadchiti              Seconded: Clr Clr Hadid

 

Community

 

2. Initiative

 

That Council:

 

1.     Support the homeless by co-ordinating the services offered by the NSW Government through the ‘People sleeping rough and COVID-19 – DCJ and homelessness sector response’ last published 23 March 2020.

 

Where that is not possible, Council direct the CEO to:

 

2.     Establish a ‘COVID-19 Emergency Response Program’ to action timely requests for Council support toward critical and essential services for vulnerable community groups in Liverpool, including allocation of funds for provision of food, accommodation and PPE.

 

              The scope of this Program is to include the following financial and in-kind initiatives:

·    Keep open public amenities at Bigge Park, Collimore Park, Lighthorse Park and   Seton Hall (Moorebank) 24/7 so that rough sleepers and the general public have   access to soap and water at all times, to wash their hands; 

·    Provide access to shower facilities at Francis Greenway Centre two to three    days a week for rough sleepers;

·    Provide access for government agencies and charities to utilise Council facilities        to deliver critical services such as food sorting and distribution;

·    Run a campaign to encourage food donations to designated charities;

·    Allocate funds to purchase food and hygiene supplies for rough sleepers and    charities from existing budgets;

·    Allocate funds toward essential relief services in Liverpool; and

·    Coordinate provision of food and essential services to vulnerable groups in   Liverpool.

 

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

 

 

 

 

 

 

Motion:                                 Moved: Clr Hagarty              Seconded: Clr Shelton

 

CITY ECONOMY

 

3. Initiative:

 

That Council:

 

1.     Support businesses specialising in hospitality, retail, tourism and leisure by allocating funds from the CDF for a Rebuilding Liverpool’s Economy package to support businesses in the Liverpool CBD affected by the crisis; and

 

2.     Also offer this support package to impacted businesses beyond the CBD, with a separate funding allocation.

 

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

 

 

Motion:                                 Moved: Clr Hagarty              Seconded: Clr Shelton

 

4. Initiative:

 

That Council:

 

Implement a Business to Consumer program for non-retail businesses (eg manufacturers, wholesalers, transport and logistics companies) to facilitate an effective pivot of their existing business models; to deliver a Business Resilience webinar series to local businesses; support local businesses to pivot towards resilient operations; develop a digital ready grants program for businesses outside the CBD; and support skills development of people who become unemployed or are redeployed, by working with them and with tertiary institutions. All businesses in the LGA (in particular those outside the CBD) would be supported by this initiative.

 

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

 

 

 

 

 

 

 

 

 

 

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

COMPLIANCE

 

5. Initiative:

That Council extend the parking permit system to businesses and their staff operating from the CBD (excluding Westfields) including health care providers.

All permits to have an initial lifespan till end of July 2020.

 

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

 

 

6. Initiative

Note, Initiative 6 (as shown in the Council report) was not voted on as this was raised at the meeting and Council was advised that rehoming will be undertaken and will commence next week.

 

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hadchiti

 

7. Initiative

That Council direct the CEO to apply discretion when issuing infringements, while protecting public health and safety.  In that regard, fines will only be issued in the following circumstances:

 

·    Parking in a “No Stopping” and “No Parking” zones and in close proximity to an intersection;

·    Trucks parking in residential areas in excess of one hour;

·    Parking on nature strips where it causes an obstruction to pedestrians and/or a blind spot for drivers exiting their driveways;

·    Environmental pollution incidents; and

·    Dog attacks.

 

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

 

 

 

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

8. Initiative

That Council direct the CEO to suspend all health inspection fees from the date of restrictions coming into place however continue to undertake health inspections. 

Allow an extra 6 months for health inspections billed but not yet paid.

 

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

 

 

Motion:                                  Moved: Clr Hadchiti              Seconded: Clr Rhodes

 

9. Initiative

That Council:

 

1.     Defer on application, 50% of Sect 7.11 contributions payable from Construction Certificate stage to Occupation Certificate/Subdivision stage for all applications received or approved till December 2020;

 

2.     Fast track Sect 4.55 and/or 4.56 applications requesting 50% Sect 7.11 deferrals to Occupation/Subdivision stage for applications already approved but yet to be issued a Construction Certificate;

 

3.     Commit to drive down the outstanding DA currently being determined and allow the use of external providers should this be required; and

 

4.     Amend the Contributions Plan to remove the requirement of a bank guarantee (for the full amount of the contribution payable), adopt immediately if permissible, otherwise exhibit for statutory 28 days period.

 

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

 

Clr Balloot asked that he be recorded as having voted against the motion.

 

 

 

 

 

 

 

 

 

 

 

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Rhodes

 

RATES AND REVENUE

 

10.   Initiative:

That Council:

1.     Amend Rating Revenue policy to extend hardship provisions to all rating categories as defined under section 514 of the Local Government Act;

 

2.     Allow applications for hardship to be made online to simplify process and remove requirements to provide detailed and complex information;

 

3.     Report to a full Council meeting any hardship applications made that are being recommended for refusal for Council to determine;

 

4.     Waive any interest due on approved hardship cases for a period of 6 months subject to review after the 6 month period; and

 

5.     Include the Mayor as part of the Hardship Committee membership.

 

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

Motion:                                  Moved:  Clr Hadchiti        Seconded: Clr Balloot

 

11. 12. 13. and 14. Initiatives:

Note: The following motion was moved and carried with respect to Initiatives 11, 12, 13 and 14.

That Council:

1.     Provide a 100% rent abatement for all existing retail and small tenants/licence holders that have been affected by Federal restrictions put into place (excluding telecommunications lease) until 2 months after those restrictions are lifted;

 

2.     For commercial tenants manage these in line with the Code of Conduct for Commercial Tenancies as introduced by the Federal Government, and report back to Council on these negotiations (excluding telecommunications lease); and

 

3.     Provide a full refund for hirers/licence holders of any community facility whether casual or permanent where a fee has been paid and the use of that facility is not possible due to restrictions being put into place from the date restrictions were put into place.

 

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

 

Motion:                                 Moved: Clr Hagarty               Seconded: Clr Hadchiti

 

15.   Initiative:

That Council defer this initiative until further information is received about the budget.

 

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

 

 

Motion:                                  Moved: Clr Kaliyanda           Seconded: Clr Shelton

 

ADVOCACY

 

16.   Initiative:

That Council seek funding from the NSW Government for an accelerated package of capital works projects (attached to the report) that can be delivered in the Liverpool LGA within a short timeframe.

 

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

 

Motion:                                  Moved: Clr Kaliyanda           Seconded: Clr Rhodes

 

17.   Initiative

That Council direct the CEO to support the actions endorsed in previous resolutions through Ministerial letters and targeted communications campaigns; and

 

Additionally:

 

Write to Federal and NSW Treasurers outlining collapse in revenues and seeking a rates guarantee to ensure financial liquidity, financial assistance to maintain existing employment levels and explicit inclusion of local government in any future stimulus packages;

 

Support LGNSW’s campaign to suspend Fit for the Future guidelines given current circumstances, including writing to Minister for Local Government as appropriate;

Council believes FFF targets and benchmarks are now outdated and should be abandoned as councils will be increasingly unable to meet targets and benchmarks during the pandemic.  Further information on the LGNSW campaign will be sought. 

 

Write to Minister for Local Government seeking regulations requiring notices to be placed in newspapers be waived for six months in light of local papers suspending printing and for Council be allowed to advise residents through websites and social media;

With local newspapers suspending printed publication Council faces a potentially expensive increase in advertising costs if it is forced to publish notices in metropolitan newspapers. Accordingly, a suspension or abolition of current arrangements is sought.

 

Write to the Federal and NSW Governments to highlight the financial impact on Council of new childcare arrangements announced last week;

 

Write to local MPs with a summary of relevant resolutions; and

 

Implement an ongoing communications campaign to ensure residents and businesses have all available information about COVID-19 and Council’s responses to support the community.

 

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

 

 

Motion:                                 Moved: Clr Hadchiti              Seconded: Clr Hadid

 

18.   Initiative

That Council require any new expenditure that commits Council to an amount over $500k be approved by Council.

 

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

 

 

Motion:                                 Moved: Clr Hadchiti              Seconded: Clr Hadid

 

19.   Initiative

That Council waive all out-door dining fees from the date of restrictions coming into place until 2 months after these restrictions are lifted.  Any fees paid to be refunded on a pro rata basis for that period.

 

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

 

 

 

 

 

 

 

Motion:                                 Moved: Clr Hadchiti              Seconded: Clr Hadid

 

20.   Initiative

That Council ensure all payments that can be made to suppliers where the goods/services have been delivered in full (noting some may be staged payments) be made immediately and not wait until the due date should that be a period of less than 2 months

 

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

 

 


 

  


 

 

THE MEETING CLOSED AT 7.34pm.

 

 

 

<Signature>

Name: Wendy Waller

Title:    Mayor

Date:    29 April 2020

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  16 April 2020. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

    


73

Ordinary Meeting

29 April 2020

Chief Executive Officer Report

 

 

CEO 01

Draft Privacy Policy - recommendations for amendment by Information and Privacy Commission

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

075692.2020

Report By

David Maguire - Internal Ombudsman

Approved By

Kiersten Fishburn - Chief Executive Officer

 

 

Executive Summary

 

Council adopted its Privacy Policy by a Council Resolution on 20 November 2019.

 

Following the adoption of the policy, it was submitted, as required under section 32(1) of the Privacy and Personal Information Protection Act 1988 (the PPIP Act), to the Information and Privacy Commission (the IPC).

 

The IPC has recommended that Council make some minor amendments to the policy. These recommended amendments have been incorporated in the attached draft policy.

 

 

RECOMMENDATION

 

That Council adopt the Draft Privacy Policy attached to this report.

 

REPORT

 

Council’s Privacy Policy, adopted at the Council meeting on 20 November 2019, is its privacy management plan for the purpose of section 33(1) of the PPIP Act.

 

Following adoption of the policy by Council, the Internal Ombudsman submitted it to the IPC, as required under section 33(5) of the PPIP Act.

 

The IPC, by letter dated 19 February 2020, made some recommendations for minor amendments to the policy (see the attached IPC Checklist) in accordance with section 36(2)(e) of the PPIP Act. These recommended amendments have been incorporated in the policy, as shown in red type font in the attached draft. The most notable amendment is the inclusion of Appendix 7: the Privacy Code of Practice for Local Government.

 

It is recommended that Council adopt the Draft Privacy Policy.

 

For the information of the Mayor and Councillors, as per the Council Resolution adopted on 20 November 2019, the City of Liverpool has now joined the world Cities Coalition for Digital Rights, being the second Australian city to do so. Details of member cities are available at the following web link: https://citiesfordigitalrights.org/cities .

 

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.

Deliver services that are customer focused.

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

Legislative

 Privacy and Personal Information Protection Act 1998 sections 32(1), 33(5) and 36(2)(e)

 

ATTACHMENTS

 

1.         IPC Feedback Letter (Under separate cover)

2.         IPC Checklist (Under separate cover)

3.         Draft Privacy Policy (March 2020) (Under separate cover)  


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Chief Executive Officer Report

 

 

CEO 02

Response to QWN 15 Edmondson Park Commuter Car Parking from 5 February 2020 council meeting

 

Strategic Direction

Generating Opportunity

Advocate for, and develop, transport networks to create an accessible city

File Ref

058398.2020

Report By

Tatjana Bozovic - Communications Assistant

Approved By

Andrew Stevenson - Chief Strategy and Engagement Officer

 

 

Executive Summary

 

At its 5 February 2020 Council meeting, Council requested that Council advocate that funding for rail in the Western City be fast-tracked.

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

REPORT

 

At its 5 February 2020 Council meeting, Council directed that letters be sent to the relevant State and Federal Government ministers requesting that funding for rail infrastructure in the Western City be fast-tracked, including for the Metro and South West Rail link.

 

The letters also welcomed the NSW Government commitment to provide additional parking at Edmondson Park Station.

 

The letters were sent on 20 February 2020 to The Hon. Andrew Constance MP, Minister for Transport and Roads and The Hon. Alan Tudge MP, Minister for Cities, Urban Infrastructure and Population. Both letters are attached for reference.

 

Council requested an update be provided at the March Council meeting as to when these letters were sent (noting that this report was held over due to changes to the March meeting).

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

Promote an integrated and user friendly public transport service.

Support the delivery of a range of transport options.


Social

Utilise the Western Sydney City Deal agreement to provide connectivity across the LGA through infrastructure and social initiatives.


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 to The Hon. Alan Tudge MP

2.         Letter to The Hon. Andrew Constance MP


77

CEO 02

Response to QWN 15 Edmondson Park Commuter Car Parking from 5 February 2020 council meeting

Attachment 1

Letter to The Hon. Alan Tudge MP

 

PDF Creator


 

PDF Creator


79

CEO 02

Response to QWN 15 Edmondson Park Commuter Car Parking from 5 February 2020 council meeting

Attachment 2

Letter to The Hon. Andrew Constance MP

 

PDF Creator


 

PDF Creator


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Chief Executive Officer Report

 

CEO 03

Mayoral Direction pursuant to Section 226(d) of the Local Government Act 1993

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

071117.2020

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Andrew Stevenson - Chief Strategy and Engagement Officer

 

 

Executive Summary

 

To report to Council on one instance where the Mayor, pursuant to Section 226(d) of the Local Government Act 1993 exercising in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.

 

 

RECOMMENDATION

 

That Council note and endorse the Mayoral Direction dated 17 March 2020 attached to the report.

 

 

REPORT

 

Section 226 of the Local Government Act 1993 outlines the role of the Mayor and Section 226(d) states that the role includes the following:

 

“To exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.”

 

On 17 March 2020 the Mayor made a determination/direction pursuant to the policy-making responsibilities under s.226(d) of the Act.

 

The Mayoral Direction relates to the decision to override clause 5 and 18.8 of the current Code of Meeting Practice and all charters of Committees of Council which refer to Councillors and committee members being personally present and in committee meetings in order to participate in them.

 

The determination/direction was necessary and could not be delayed until the April 2020 Ordinary Meeting of Council for the following reasons:

 

1.   The risk to staff, Councillors and members of the community due to the current situation with novel coronavirus (COVID-19) pandemic; and

2.   The need for the work of Council to continue, including its committee meetings, under these exceptional circumstances.

 

The Mayoral Direction is attached to the report.

 

CONSIDERATIONS

 

Economic

Costs associated with carrying out the Mayoral Direction.

Environment

Enhance the environmental performance of buildings and homes.

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


Social

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


Civic Leadership

Act as an environmental leader in the community.

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

Section 226(d) of the Local Government Act 1993.

 

ATTACHMENTS

 

1.         Mayoral Direction dated 17 March 2020  

  


82

CEO 03

Mayoral Direction pursuant to Section 226(d) of the Local Government Act 1993

Attachment 1

Mayoral Direction dated 17 March 2020

 

PDF Creator 


92

Ordinary Meeting

29 April 2020

City Economy and Growth Report

 

 

EGROW 01

LEP Review: Public Exhibition of draft Local Housing Strategy, draft Centres and Corridors Strategy & draft Industrial and Employment Lands Strategy

 

Strategic Direction

Generating Opportunity

Meet the challenges of Liverpool’s growing population

File Ref

052059.2020

Report By

Michael Midson - Executive Planner

Approved By

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

 

 

Executive Summary

 

Council has received funding under the Western Sydney City Deal to conduct an accelerated review of the Liverpool Local Environmental Plan 2008 (LLEP 2008). As part of this review process, the following draft land use strategies have been prepared for public exhibition:

 

·    Draft Liverpool Local Housing Strategy 2020;

·    Draft Liverpool Centres and Corridors Strategy 2020; and

·    Draft Liverpool Industrial and Employment Lands Strategy 2020.

 

These draft strategies are underpinned by evidence-based studies and have been informed by community engagement undertaken during the development of Council’s Local Strategic Planning Statement ‘Connected Liverpool 2040’ (LSPS).

 

The purpose of these strategies is to guide strategic land use planning in Liverpool and to support the development of the new Local Environmental Plan and Development Control Plan. The strategies respond to key trends and opportunities to ensure that growth in Liverpool is appropriately managed and provides guidance for the assessment of future planning proposals.

 

It is recommended that Council place the draft Strategies on public exhibition for 28 days. It is anticipated that the exhibition of the Strategies will occur at the same time as the exhibition of the Phase 1 LEP Review Planning Proposal which is currently awaiting Gateway Determination from the NSW Department of Planning, Industry and Environment (DPIE).

 

 

 

RECOMMENDATION

 

That Council:

 

1.   Place the Draft Local Housing Strategy; Draft Centres and Corridors Strategy and Draft Industrial and Employment Lands Strategy on public exhibition for 28 days; and

 

2.   Receive a further report following the public exhibition period detailing submissions received and any amendments proposed.

 

REPORT

 

Background

 

The Local Strategic Planning Statement (LSPS) was endorsed by Council on 25 March 2020 and formally approved and published on the NSW Planning Portal on 31 March 2020. The LSPS includes actions to develop and implement a range of strategic land use planning studies and strategies. A number of these strategies have now been prepared for the purposes of public exhibition and are listed in Table 1 below.

 

Table 1 – Draft strategies for public exhibition

 

Draft Strategy

LSPS Action

Strategy to be Superseded

Local Housing Strategy

Action 7.1

Residential Development Strategy 2008

 

Centres and Corridors Strategy

Action 11.1

Liverpool Retail Hierarchy Review 2012

 

Liverpool Business Centres and Corridors Strategy 2013

 

Industrial and Employment Lands Strategy

 

Action 12.1

Liverpool Industrial Lands Strategy 2007

 


 

The draft strategies form part of the wider LEP Review project for which Council received funding under the Western Sydney City Deal. Included in the project was the preparation of the LSPS and the Phase 1 Planning Proposal. Council is required to finalise the project by June 2020.

 

Figure 1 – LEP Review project

 

 

Draft Liverpool Local Housing Strategy

 

The Western City District Plan requires Council to develop a Local Housing Strategy in consultation with the community. The Department of Planning, Industry and Environment (DPIE) prepared a guideline and template that details what is to be included in local housing strategies. The draft Liverpool Local Housing Strategy has been prepared to comply with these requirements.

 

The draft Strategy is informed by a strong evidence base, being the Liverpool Housing Study 2019, prepared by SGS Economics and Planning (Attachment 1). This Study was presented to Council as background information during the development of the LSPS.


 

The key findings of the Study include:

 

•  Liverpool has enough zoned land to cater for housing growth for the next 20 years;

•  Demand for housing is expected to be ~10,000 dwellings for the period 2021-26; and

•  There is a need for more diverse and affordable housing types in the right locations.

 

The draft Housing Strategy sets out the priorities and actions to deliver suitable housing in the right locations to meet the needs of the Liverpool community over the next 20 years. It ensures that housing delivery protects local amenity and character, open space and ecological values and is aligned with infrastructure delivery.

 

Housing diversity

 

The Housing Study identifies a lack of housing diversity in Liverpool. The key actions in the draft Strategy which help to address this issue include:

 

·    Review land use and development controls in R1, R2 and R3 zones to encourage greater medium density and housing diversity without adversely impacting neighbourhood amenity.

This could potentially include reviewing height and FSR controls in the R3 zone to improve feasibility and developing controls for manor homes.

·    Review controls for medium density having regard to the Low-Rise Medium Density Housing Code to facilitate more diverse housing types in the LGA whilst still maintaining local character.

When the Code begins in July 2020, Council will have limited control on medium density housing pursued through this pathway. Council will, however, be better able to control development outcomes by placing some controls, such as minimum lot size for multi dwelling housing, within the LEP, instead of the DCP where it currently resides.

·    Review apartment mix controls in the Liverpool City Centre.

The DCP currently requires, as a minimum, at least 10% of apartments to be one-bedroom and at least 10% to be three bedrooms. Changing demographics mean these proportions need to be reviewed to provide more family friendly apartments and accommodation for singles and students.

Housing Affordability:

 

Liverpool has significantly higher rates of rental and mortgage stress than the Greater Sydney average. This affects very low, low, and moderate-income earners.


 

Key actions in the draft Strategy which help to address this issue include:

 

·    Develop an Affordable Housing Contributions Scheme in line with the Greater Sydney Commission’s requirement for 5-10% affordable housing on up-zoned land.

The Greater Sydney Region Plan requires that 5-10% of housing sites that gain an uplift through rezoning be dedicated as affordable housing. An affordable housing contributions scheme enables Council to meet this requirement. The scheme is being developed as a ‘whole of District’ approach with several other Western City District Councils. Once the scheme is developed, it will be presented to Council for further consideration.

·    Partner with NSW Government to investigate the potential for master planned precincts (such as Land and Housing Corporation properties in Warwick Farm and in the 2168 postcode) to renew and increase social and affordable housing.

There is great potential in Liverpool to increase housing, provide more affordable housing and reduce the concentration of social disadvantage through the redevelopment of State social housing assets. This would likely follow the Communities Plus model, where social housing estates are renewed with 70% private housing and 30% social/affordable housing.

·    Maintain and build partnerships with Community Housing Providers (CHPs) to investigate opportunities for joint ventures or opportunities on low-cost sites for affordable housing including Council-owned sites.

Built Form and Sustainability

 

Community consultation for the LSPS noted that while people support further density in the Liverpool city centre and around transport nodes, the local character of existing centres and neighbourhoods is important. Addressing the urban heat island effect and sustainability was also noted as important.

 

Key actions in the draft Strategy which help to address this issue include:

 

·    Undertake design-led planning using place-making principles for village, town and local centres.

·    Review R4 land around local centres to address interface issues.

·    Amend the DCP to better respond to urban heat, sustainable waste and water sensitive urban design.

·    Advocate for changes to BASIX in line with the State Government’s net zero by 2050 aspirations.


 

Short term investigation areas

 

Short term investigation areas are identified for Council to consider LEP amendments to facilitate housing growth:

 

·    Liverpool City Centre and Innovation Precinct;

·    Warwick Farm equine precinct;

·    Georges River North (Moore Point);

·    Moorebank Town Centre (included as zoning from R4 to R3 may improve development feasibility);

·    Miller Precinct; and

·    Hargrave Park (medium-term investigation area).

 

The draft Strategy notes that it may be appropriate for Council to consider rezoning in other appropriate locations outside of identified investigations areas. The draft Strategy includes some guidance on where this should be considered (e.g. near major transport nodes).

 

The draft Strategy, including a complete list of recommended actions, is included as Attachment 2.

 

Draft Liverpool Centres and Corridors Strategy

 

The draft Liverpool Centres and Corridors Strategy is identified in the LSPS as a short-term action and has been developed to ensure that there is adequate, appropriate and accessible retail services for Liverpool’s growing population into the future. The draft Strategy is informed by a strong evidence base, being the SGS Centres and Corridors Study 2020 (Attachment 3).

 

The key findings of the Study include:

 

•  Liverpool’s population is increasing and there is a significant demand for retail in the new release areas;

•  Consumer spending is changing with increased spending on fresh food and hospitality and reduced spending in department stores; and

•  Growing demand for fine grain retail experiences in traditional retail streetscapes.

 

The SGS study also notes that while most of Liverpool residents are within 2 km of a major supermarket, there are large gaps in the Liverpool City Centre and in New Release Areas.


 

Retail Hierarchy

 

The draft Strategy updates the 2012 Retail Hierarchy to reflect the current strategic context of the Liverpool LGA and to incorporate retail developments which were not anticipated at the time. The revised hierarchy does not seek to pre-determine decisions on existing planning proposals.

 

Notable changes to the classification of centres in the hierarchy include:

 

·    Classify Woolworths Casula and Woolworths Prestons as ‘stand-alone’ centres

These centres consist of stand-alone supermarkets co-located with several other shops. They were built post the development of the 2012 Liverpool Retail Centres Hierarchy Review.

 

·    Classify Middleton Grange as a ‘local centre’

Middleton Grange was previously classified as a ‘Village Centre’. The SGS study stated that there is not a large enough retail floor space gap in the New Release District or a large enough catchment to reclassify it as a town centre.

 

·    Classify Holsworthy as a ‘local centre’

Holsworthy was previously classified as a village centre. The SGS study stated that floor space demand in the Eastern District is unlikely to grow substantially in the future, and so there is no need for an additional town centre in this area.

 

·    Add proposed retail centres in Austral and East Leppington and the Western Sydney Parklands Business Hubs to the retail hierarchy.

The inclusion of proposed centres in the retail hierarchy should not change development expectations for these centres, which are mostly set in growth area DCPs and the State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

 

Recommended Actions:

 

·    Review land use planning controls to ensure quality built form outcomes and consistency with the revised retail hierarchy.

·    As part of the existing planning proposal, review planning controls in Middleton Grange and encourage development of a local centre consistent with the retail hierarchy.

·    As part of the existing planning proposal, encourage the development of a local centre in Holsworthy consistent with the retail hierarchy.

·    Investigate and address any impediments for the timely delivery of centres in Austral.

·    Amend LEP to replace permissibility of ‘shops’ in the B6 zone with ‘neighbourhood shops’.

·    Review LEP zoning of key sites (LEP Schedule 1, Clause 9) if they have been developed for the purposes of service stations or food and drink premises. As part of the review, undertake a site analysis and consider rezoning to B6.

·    As part of the planning for the FAST corridor, consider appropriate location of Transit Oriented Developments.

The draft Liverpool Centres and Corridors Strategy is included as Attachment 4.

 

Draft Liverpool Industrial and Employment Lands Strategy

 

The draft Industrial and Employment Lands Strategy guides the retention, improvement, rezoning and development of employment lands in the Liverpool LGA over the next 20 years. The draft Strategy incorporates the findings of a suite of recent employment studies including the most recent Industrial Development Lands Study 2019 prepared by APP Consultants. These studies are provided in Attachment 5. 

 

Recommended Actions

 

·    Review development standards and objectives for industrial land.

·    Retain and improve employment land within the eastern portion of the LGA.

·    Plan and manage employment lands within the western portion of the LGA.

·    Facilitate industrial development to support the operation of the Western Sydney International (Nancy-Bird Walton) Airport and Western Sydney Aerotropolis.

·    Increase industrial development density, efficiency and colocation.

·    Prioritise public domain improvements and vegetation within industrial precincts.

·    Consider and improve connectivity between public transport and industrial precincts.

·    Introduce Innovation Precincts within the LGA.

·    Clarify the intended role and function of industrial precincts.

·    Advocate for local jobs, community outcomes and high-quality industrial design at the Moorebank Intermodal site.

The draft Liverpool Industrial and Employment Lands Strategy is included in Attachment 6.


 

Public Exhibition

 

It is proposed to exhibit the draft Strategies for a period of 28 days.

 

It is expected that exhibition of the draft Strategies will occur concurrently with the exhibition of the Phase 1 Planning Proposal for the LEP Review once a Gateway determination is received from DPIE. It should be noted that community consultation may need to be modified due to current social distancing requirements due to the COVID-19 pandemic.

 

Conclusion

 

The draft strategies are underpinned by evidence-based studies and have been informed by community engagement undertaken during the development of Council’s Local Strategic Planning Statement ‘Connected Liverpool 2040’ (LSPS).

 

The purpose of these strategies is to guide strategic land use planning in Liverpool and to support the development of the new Local Environmental Plan and Development Control Plan. The strategies respond to key trends and opportunities to ensure that growth in Liverpool is appropriately managed and provides guidance for the assessment of future planning proposals.

 

It is recommended that Council place the draft Strategies on public exhibition for 28 days. It is anticipated that the exhibition of the Strategies will occur at the same time as the exhibition of the Phase 1 LEP Review Planning Proposal which is currently awaiting Gateway Determination from the NSW Department of Planning, Industry and Environment (DPIE).

 

CONSIDERATIONS

 

Economic

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

Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre).

Enhance the environmental performance of buildings and homes.

Facilitate economic development.

Environment

Utilise the Western Sydney City Deal agreement to enhance liveability and environment of the LGA.

Utilise the Western Sydney City Deal agreement to facilitate Planning and Housing in the LGA.

Enhance the environmental performance of buildings and homes.

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


Social

Utilise the Western Sydney City Deal agreement to provide connectivity across the LGA through infrastructure and social initiatives.

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

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


Civic Leadership

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

Encourage the community to engage in Council initiatives and actions.

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

Legislative

Environmental Planning and Assessment Act 1979

 

ATTACHMENTS

 

1.         Liverpool Housing Study (SGS) 2019 (Under separate cover)

2.         Draft Liverpool Local Housing Strategy 2020 (Under separate cover)

3.         Liverpool Centres and Corridors Study (SGS) 2020 (Under separate cover)

4.         Draft Liverpool Centres and Corridors Strategy 2020 (Under separate cover)

5.         Liverpool Industrial Lands Studies (Under separate cover)

6.         Draft Liverpool Industrial and Employment Lands Strategy 2020 (Under separate cover)  


97

Ordinary Meeting

29 April 2020

City Economy and Growth Report

 

 

EGROW 02

Report back - NOM 01 Feral Cats and Trap-Neuter-Return (TNR) Program from 5 February 2020 Council meeting

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

034212.2020

Report By

Nada Mardini - Manager Community Standards

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

At its meeting of 5 February 2020, Council resolved:

 

That Council:

1.   Investigate the feasibility of developing a TNR program at Liverpool Animal Shelter;

2.   Involve local veterinarians and veterinary clinics in providing pro bono services to assist with the TNR program and rehoming of cats;

3.   Identify other organisations, i.e. the RSPCA, that may also be able to assist and add value to a local TNR program;

4.   Consider other measures that can be undertaken within the LGA to mitigate the impacts of feral cats on the local community and provide a report back to Council by the May 2020 Council meeting;

5.   Write to relevant State Minister recommending that the State Government adopt legislation similar to the Western Australian Cat Act;

6.   Addresses with WSROC the opportunity for WSROC to advocate for a regional solution;

7.   Include in the LGA and LGNSW Conference Agenda a call for the Federal and State Government to provide funding to Council, to change the Companion Animal Act and provide Council funding to enable councils to enact the new measures to identify stray animals and non-registered cats as homeless and desex and house the cats until homes can be found in order to address feral cat plagues in urban areas; and

8.   Bring its No Kill Policy to the next Council meeting for its consideration and that the report include some measurement in terms of what neighbouring Councils do or what the standard is across NSW.

 

This report provides as update on the actions required to be undertaken by Council in response to the resolution.

 

 

RECOMMENDATION

 

That Council receives and notes this report.

 

 

REPORT

 

At its meeting of 5 February 2020, Council resolved the following in relation to feral cats and a Trap-Neuter-Return (TNR) Program:

 

That Council:

1.   Investigate the feasibility of developing a TNR program at Liverpool Animal Shelter;

2.   Involve local veterinarians and veterinary clinics in providing pro bono services to assist with the TNR program and rehoming of cats;

3.   Identify other organisations, i.e. the RSPCA, that may also be able to assist and add value to a local TNR program;

4.   Consider other measures that can be undertaken within the LGA to mitigate the impacts of feral cats on the local community and provide a report back to Council by the May 2020 Council meeting;

5.   Write to relevant State Minister recommending that the State Government adopt legislation similar to the Western Australian Cat Act;

6.   Addresses with WSROC the opportunity for WSROC to advocate for a regional solution;

7.   Include in the LGA and LGNSW Conference Agenda a call for the Federal and State Government to provide funding to Council, to change the Companion Animal Act and provide Council funding to enable councils to enact the new measures to identify stray animals and non-registered cats as homeless and desex and house the cats until homes can be found in order to address feral cat plagues in urban areas; and

8.   Bring its No Kill Policy to the next Council meeting for its consideration and that the report include some measurement in terms of what neighbouring Councils do or what the standard is across NSW.


 

Update on resolution points 1, 2 and 3

 

Council’s legal team has been requested to provide advice on the legality of such a program. Once this advice is received a report will be prepared for a future Council meeting. The RSPCA has prepared a research report on this matter which is included as Attachment 1 for Council’s information. This research report includes commentary on the lawfulness of such a program in Australia.

Update on resolution point 4

 

This item is being addressed by the City Environment department with a report to be prepared for the May 2020 Council meeting.

 

Update on resolution point 5

 

A letter has been sent to the Minister for Local Government on 3 March 2020 (Attachment 2).

 

Update on resolution point 6

 

A request has been sent by Council to the WSROC CEO who has agreed to place this matter on a future agenda for discussion. This will be followed up in due course.

 

Update on resolution point 7

 

Council will be considering motions relating to feral cats for the NGA Conference at this Council meeting. As the LGNSW Conference will be held in October 2020 a further report will be prepared for Council’s consideration closer to this time.

 

Update on resolution point 8

 

Council resolved on 27 July 2016 to operate Renbury Farm with a No Kill Policy.  This resolution followed the decision by Renbury Farm (shelter used by Liverpool City Council, Bankstown, Fairfield and Camden Councils) to close down due to ongoing online criticism and a number of petitions (one attracting more than 8000 signatures) requesting an audit of its operation due to concerns over animal hygiene and early euthanatising of healthy cats and kittens.  Council negotiated a lease agreement and took over the operation in December 2016 and named it the Liverpool Animal Shelter.


 

Several surrounding Councils operate a ‘no kill’ shelter, including Fairfield and Camden. Council’s policy to operate the animal shelter as ‘no kill’ is directed by a Council resolution of 27 July 2016 which states:

 

“That Council is to operate Renbury Farm with a no kill policy”.

 

There is no other policy document which outlines in further detail this resolved policy position of Council.   

 

Available data on the NSW Companion Animal Register for the financial year 1 July 2017 to 30 June 2018 indicated the following regarding the number of cats entering the facility and euthanasia rates for this period:

 

 

Shelter

Numbers entered

Euthanised (%)

*Camden

89

39 (49%)

*Fairfield

65

37 (57%

*Liverpool

23

0

Burwood

19

19 (100%)

Canterbury Bankstown

111

76 (68%)

Parramatta

284

140 (49%)

*Randwick

23

20 (87%)

*Woollahra

23

14 (61%)

Blacktown (current)

2003

876 (44%)

 

(*No Kill Policy)

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

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


Social

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


Civic Leadership

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

Deliver services that are customer focused.

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

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

Legislative

Companion Animals Act 1998.

 

 

ATTACHMENTS

 

1.         RSPCA Research Paper - TNR Program

2.         Letter to Minister for Local Government


104

EGROW 02

Report back - NOM 01 Feral Cats and Trap-Neuter-Return (TNR) Program from 5 February 2020 Council meeting

Attachment 1

RSPCA Research Paper - TNR Program

 

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107

EGROW 02

Report back - NOM 01 Feral Cats and Trap-Neuter-Return (TNR) Program from 5 February 2020 Council meeting

Attachment 2

Letter to Minister for Local Government

 

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112

Ordinary Meeting

29 April 2020

City Economy and Growth Report

 

 

EGROW 03

Draft Amendment to Liverpool Development Control Plan 2008 - Part 1 General Controls (Chapter 26 Outdoor Advertising and Signage)

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

049640.2020

Report By

Luke Oste - Strategic Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

At its meeting of 27 April 2016, Council resolved to prepare an amendment to the Liverpool Local Environmental Plan 2008 (LLEP) (Amendment 69) to permit third party advertising signage with consent in the B3 Commercial Core and B4 Mixed Use zones in the Liverpool city centre. A planning proposal was subsequently prepared which received a Gateway determination on 23 January 2018. Following Council’s resolution and subsequent Gateway determination, a review of draft Amendment 69 was undertaken to reconsider the need and appropriateness of third-party advertising signage within the Liverpool city centre resulting from the Liverpool city centre LEP Amendment 52.

 

At its meeting on 28 August 2019, Council considered this review and resolved to defer a decision on whether to progress with Amendment 69 until the Liverpool City Centre Public Domain Masterplan was submitted to Council and community consultation is undertaken. Council also resolved to publicly exhibit both the LEP amendment and the draft DCP amendment concurrently to seek community feedback.

 

Given the opportunity afforded by this process, a full review of the outdoor advertising and signage provisions of the DCP has been undertaken to improve clarity, rectify errors, and reduce complexity. It is recommended that Council places the draft DCP amendment on public exhibition concurrently with draft Liverpool Local Environmental Plan Amendment 69 and delegates authority to the CEO to finalise the DCP amendment should no submissions in opposition be received.

 

 

 

 

RECOMMENDATION

 

That Council:

 

1.   Place the draft amendment to the Liverpool Development Control Plan 2008 – Part 1 General Controls (Outdoor Advertising and Signage) 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 DCP amendment should no submissions in opposition be received; or receive a further report outlining details of the submissions in opposition received at the conclusion of the exhibition period.

 

REPORT

 

Background

 

The LLEP 2008 provision applying to signage were reviewed by Council in response to a review of Council assets and representations received by Council to permit third party advertising signage within the local government area (LGA). Following this analysis, Council resolved at its meeting on 27 April 2016 to pursue an amendment to the LLEP 2008 to permit signage with consent in the B3 Commercial Core and B4 Mixed Use zones (Attachment 1). Currently, third party advertising signage is not permissible under the LLEP 2008.

 

A planning proposal has been prepared (draft Amendment 69) and was submitted to the Department of Planning, Industry and Environment where it received a Gateway determination on 23 January 2018 (Attachment 2). On 28 August 2019, Council resolved to defer a decision on whether to progress with Amendment 69 to the LEP until the Liverpool City Centre Public Domain Masterplan was submitted to Council and community consultation undertaken. Council also resolved to “publicly exhibit draft Amendment 69 and the draft DCP amendment concurrently to seek feedback” (Amendment 3).

 

Current Context for Signage

 

Building identification signs’ and ‘business identification signs’ are currently permitted with consent in most of the LGA. These signs can only advertise the building, person or business located at the premises where the sign is located. Currently billboard signs and third-party commercial signs that advertise general goods or services are prohibited throughout the LGA. For the purpose of this report these signs will be referred to as “third party advertising signage”.

 

There are some specific circumstances where third party advertising signage is permitted within the Liverpool LGA. Advertisements in or on bus shelters are exempt development under the LLEP, meaning that no consent is required. Third party advertising signage is also permitted within transport corridor land under State Environmental Planning Policy No 64 – Advertising and Signage (SEPP 64). This includes advertising in the following locations:

·  The M5 and M7 motorway;

·  Along a railway corridor;

·  A road that is a freeway or tollway; and

·  Land that is owned, occupied or managed by the RMS and that is within 250m of a classified road.

 

Proposed Amendment to the LEP

 

Amendment 69 seeks to permit third party advertising signage with consent within B3 and B4 Zones. The Standard Instrument includes the following relevant definition:

 

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:

(a)  an advertising structure,

(b)  a building identification sign,

(c)  a business identification sign,

 

but does not include a traffic sign or traffic control facilities.

 

The amendment to the LEP would allow advertising structures and other signage with consent in B3 Commercial Core and B4 Mixed Use zones. The B3 and B4 zones are located solely within the Liverpool city centre.

 

Draft DCP Amendment - Outdoor Advertising and Signage

 

To facilitate third party advertising signage within the Liverpool city centre as proposed by Amendment 69, a concurrent amendment to the DCP has been drafted (Attachment 4). Within the DCP, proposals for signage and advertising are guided by detailed objectives and controls contained in Section 26 - Outdoor Advertising and Signage of Part 1 - General Controls for all Development.

 

The draft amendment to the DCP provides new objectives and controls to guide third party advertising proposals in the B3 and B4 zones. These changes provide objectives and guiding controls that will help to prevent visual clutter and adverse amenity impacts caused by the introduction of third party advertising within the Liverpool city centre.


 

Additionally, this amendment simplifies and consolidates the existing controls and objectives relating to outdoor advertising and signage more broadly. The existing Outdoor Advertising and Signage DCP chapter has been included for comparison (Attachment 5). The proposed DCP amendment ensures that the following is achieved:

·  References to policy, legislation and guidelines are updated;

·  Duplication of controls are removed;

·  Further clarity is provided where required for objectives and controls;

·  The quantity of objectives and controls is reduced;

·  Images and diagrams are updated; and

·  The layout and readability of this section of the DCP is updated and improved.

 

This DCP amendment has been informed by best-practice examples from other Sydney Council signage DCP’s and NSW Government policy and guidelines.

 

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 concurrently with draft Amendment 69 to the LEP. During this time, members of the public will be able to view the draft DCP and LEP Amendment and make a submission. It is recommended that Council delegates to the CEO the finalisation of the DCP amendment should no submissions in opposition be received; or receive a further report outlining details of the submissions in opposition received at the conclusion of the exhibition period.

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

There are no environmental considerations


Social

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


Civic Leadership

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

Legislative

Environmental Planning and Assessment Act 1979

 


 

ATTACHMENTS

 

1.         Council Resolution and Report - 27 April 2016 (Under separate cover)

2.         Gateway determination Amendment 69 LLEP 2208 (Under separate cover)

3.         Council Resolution and Report - 28 August 2019 (Under separate cover)

4.         Draft Amendment LDCP 2008 - Advertising Structures and Signage (Under separate cover)

5.         Current LDCP 2008 - Advertising Structures and Signage (Under separate cover)  


119

Ordinary Meeting

29 April 2020

City Economy and Growth Report

 

 

EGROW 04

Draft Amendments to Liverpool Contributions Plan 2009 and Liverpool Contributions Plan 2018 – Liverpool City Centre to ensure clarity around the payment of development contributions for complying development certificates

 

Strategic Direction

Generating Opportunity

Meet the challenges of Liverpool’s growing population

File Ref

050882.2020

Report By

Shaun Beckley - Manager, Infrastructure Planning

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

The purpose of this report is to make minor housekeeping amendments to Liverpool Contributions Plan 2009 and Liverpool Contributions Plan 2018 – Liverpool City Centre to ensure clarity around the payment of development contributions regarding complying development certificates and to update old clause referencing in the Plans (i.e. previous s94 and s94A of the Environmental Planning & Assessment Act).

 

Some development types subject to development contributions under these Plans can be approved by either a Development Application (DA) or a Complying Development Certificate (CDC). Council requires the payment of development contributions for development authorised by the contributions plans irrespective of how that development was approved (i.e. by either a DA or a CDC). The proposed housekeeping amendment makes this existing requirement explicit in the Plans. 

 

There is a separate report in the business papers relating to instalment payments for development contributions for secondary dwellings under Liverpool Contributions Plan 2018 – Existing Areas. The changes proposed to the above development contributions plans are also included in this Plan to ensure clarity around the payment of development contributions for complying development certificates.

 

Similar changes to that proposed above are also required to Liverpool Contributions Plan 2008 – Edmondson Park and Liverpool Contributions Plan 2014 – East Leppington. Officers are currently undertaking a comprehensive review of these plans and the changes proposed will be incorporated into these plans and reported to a future Council meeting once the review is completed.

No changes are required to Liverpool Contributions Plan 2014 – Austral / Leppington North Precincts.

 

The proposed amendments will not change the development contributions amount payable on any development, rather the changes ensure clarity around the payment of development contributions for complying development certificates.

 

If supported by Council, the amendment to the contribution’s plans will be placed on public exhibition in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and the Regulations.

 

If any submissions are received opposing the changes, a report will be submitted to Council following exhibition. If no submissions are received opposing the amendment, it is recommended that Council delegate authority to the A/CEO to finalise the amendment.

 

 

RECOMMENDATION

 

That Council:

 

1.    Exhibits draft Liverpool Contributions Plan 2009 (April 2020 Amendment) and draft Liverpool Contributions Plan 2018 – Liverpool City Centre (April 2020 Amendment) in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and regulations; and

 

2.    Delegates to the A/CEO authority to finalise Liverpool Contributions Plan 2009 (April 2020 Amendment) and Liverpool Contributions Plan 2018 – Liverpool City Centre (April 2020 Amendment) if no submissions opposing the changes are received.

 

 

REPORT

 

Liverpool Contributions Plan 2009 is a Section 7.11 plan that applies to development in older release areas, including Hoxton Park, Prestons, Carnes Hill and Middleton Grange. Development contributions are levied on a range of development including new residential subdivisions, industrial development, schools and service stations.

 

Liverpool Contributions Plan 2018 – Liverpool City Centre is a Section 7.12 plan that applies to development within the Liverpool City Centre generally bounded by the Georges River, the Moore Point precinct and the railway line to the east, the Hume Highway to the north and west and the Shepherd Street Precinct and Atkinson Street to the south. Development contributions are levied for all development except infrastructure works.

 

Both Plans levy contributions on a range of development types, some of which can be approved by a complying development certificate (CDC). A recent review of Liverpool Contributions Plan 2018 – Existing Areas highlighted the need to clarify the role of private certifiers in supporting Council to efficiently administer development contributions payments for development approved by a CDC.

 

To ensure clarity around the payment of contributions for complying development certificates, and reinforce the role of the certifier, amendments are proposed to Liverpool Contributions Plan 2009 and Liverpool Contributions Plan 2018 – Liverpool City Centre. These amendments are detailed in Table 1 and Table 2 below.

 

There is a separate report in the business papers relating to instalment payments for development contributions for secondary dwellings under Liverpool Contributions Plan 2018 – Existing Areas. The changes proposed to the above development contributions plans are also included in this Plan to ensure clarity around the payment of development contributions for complying development certificates.

 

Similar changes to that proposed above are also required to Liverpool Contributions Plan 2008 – Edmondson Park and Liverpool Contributions Plan 2014 – East Leppington. Officers are currently undertaking a comprehensive review of these plans and the changes proposed will be incorporated into these plans and reported to a future Council meeting once the review is completed.

 

No changes are required to Liverpool Contributions Plan 2014 – Austral / Leppington North Precincts. The changes outlined in this report already form part of the Austral / Leppington North Plan.

 

It is also proposed to update old clause referencing in the Plans (i.e. previous s94 and s94A of the Environmental Planning & Assessment Act) wherever they occur in the Plans.

 

Changes to text are shown in the tables in bold.

 

Table 1 – Proposed changes to Liverpool Contributions Plan 2009

Proposed Change

Comment

Section 3.4 – Include April 2020 in the table of amendments

Ensure amendment is enacted correctly.

3.6 - Types of Development to be levied

Council will levy all development in Liverpool, whether approved by a development consent or complying development certificate, which generates the need for additional amenities, facilities and services, which the Council provides. 

Ensures clarity that contributions are required for any type of approval (DA or CDC)

Section 3.7.1

Council will require, as a condition of development consent (on a development application or complying development certificate), the payment of a monetary contribution and/or the dedication of land for the provision of public facilities specified in this Contributions Plan, from development, which it considers will contribute to the need for those facilities. The Contributions Plan applies to development applications determined after the plan comes into force.

Reinforces contributions are required for any type of approval (DA or CDC)

Section 3.7.1 – insert at end of section:

 

Complying Development Certificates and Principal Certifying Authorities

In accordance with Cl 146 of the EP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of levies has been satisfied.

 

In accordance with Cl 136L of the EP&A Regulation 2000, a certifying authority must not issue a complying development certificate for work unless it has included a condition requiring payment of contributions prior to commencement of work.

 

In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the Council in accordance with Cl142(2) of the EP&A Regulation 2000.  Failure to follow this procedure may render such a certificate invalid. The only exceptions to the requirement are where a works in kind, material public benefit, dedication of land or deferred payment arrangement has been agreed by the Council.

 

In such cases, Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

Ensures certifiers understand their role within the certification process as it relates to contributions.

 

Note: This wording is consistent with the changes proposed in CP 2018.

Insert new Section 3.9 Pooling of Funds

 

Council will administer money obtained under this plan and make decisions on the funding and provision of the projects in accordance with the EP&A Act and EP&A Regulation.

 

The funds collected under this plan may be pooled for projects included in the works schedule in other contribution plans which council administers.  The priority for expenditure of pooled funds will be determined based on endorsed Council Strategies.

 

Council’s ability to forward fund infrastructure identified in this Plan is very limited because it is contingent upon the availability of contributions funds.

 

To provide a strategy for the orderly delivery of the public services and amenities, this Contributions Plan authorises monetary contributions paid for different purposes, under this Plan and any other contributions plan approved by the Council, to be pooled and applied progressively for those purposes.

 

In any case of the Council deciding whether to pool and progressively apply contributions funds, the Council will have to first be satisfied that such action will not unreasonably prejudice the carrying into effect, within a reasonable time, of the purposes for which the money was originally paid.

Environmental Planning and Assessment Regulations 2000 (Clause 27) enables pooling of funds. Council already does this across a number of plans to improve delivery of infrastructure.

 

This update will ensure a greater level of consistency across Council’s various Contribution Plans. It also ensures a greater pool of funds available for the delivery of infrastructure identified in various contribution plans across the City. 

Change references to Section 94 or S94A to Section 7.11 or S7.12 as required throughout the plans

Housekeeping amendment to ensure consistency of the CP with current legislative references.

 

Table 2 – Proposed changes to Liverpool Contributions Plan 2018 – Liverpool City Centre

Proposed Change

Comment

Section 2.5 - Include April 2020 in the table of amendments

Ensure amendment is enacted correctly.

2.7 - Types of Development to be levied

 

Except as provided for by this clause, this Plan applies to:

·     Residential accommodation, insofar as the Plan authorises the imposition of a requirement for a development contribution for the types of public amenities and public services described in this Plan; and

·     All development, other than residential accommodation insofar as the Plan authorises the imposition of a requirement for a development contribution for the types of public amenities and public services described in this Plan,

whether approved by a development consent or complying development certificate.

Ensures clarity that contributions are required for any type of approval (DA or CDC) where CP 2009 applies.

Section 2.8

Levying of Contributions

 

Council will require, as a condition of development consent (on a development application or complying development certificate), the payment of a monetary contribution and/or the dedication of land for the provision of public facilities specified in this Contributions Plan, from development, which it considers will contribute to the need for those facilities.

Reinforces contributions are required for any type of approval (DA or CDC)

Section 2.8

Timing of payment of the levy

 

Monetary contributions are required to be paid to Council: prior to the issuing of the Construction Certificate, whether by Council or a Private Certifier.

a)   for development approved as a development application, prior to the issuing of the Construction Certificate; or

b)   for development approved as a complying development certificate, prior to the commencement of works, whether approved by Council or a Private Certifier.

Clarifies when the payment of contributions is required, regardless of application type (DA, CC, CDC) and approval authority (Council, Private Certifier).

Section 3.7.1

Construction certificates Certification and the obligation of accredited certifiers

 

In accordance with Cl 136L of the EP&A Regulation 2000, a certifying authority must not issue a complying development certificate for work unless it has included a condition requiring payment of contributions prior to commencement of work.

 

In accordance with Cl 146 of the EP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of levies has been satisfied.

Ensures certifiers understand their role within the certification process as it relates to contributions.

 

Note: This wording is consistent with the changes proposed in CP 2018 – Existing Areas and CP 2009.

 

There will be no change to the cost of development as a result of the proposed amendments.

 

CONSIDERATIONS

 

Economic

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

Environment

Manage the environmental health of waterways.

Support the delivery of a range of transport options.


Social

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


Civic Leadership

Deliver services that are customer focused.

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

 

ATTACHMENTS

 

1.         Draft Liverpool Contributions Plan 2009 - April 2020 amendment (Under separate cover)

2.         Draft Liverpool Contributions Plan 2018 Liverpool City Centre April 2020 amendment (Under separate cover)  


123

Ordinary Meeting 29 April 2020

City Economy and Growth Report

 

EGROW 05

Draft Amendment 1 to Liverpool Contributions Plan 2018 – Existing Areas - Instalment Payments for Secondary Dwellings

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

056459.2020

Report By

Shaun Beckley - Manager, Infrastructure Planning

Approved By

David Smith - Acting Director City Economy and Growth

 

 

 Executive Summary

 

At its meeting on 11 December 2019, Council resolved to develop:

 

a policy that allows s7.11 payments on secondary dwellings to be paid in instalments with instalment 1, 50% on the issue of a Construction Certificate and instalment 2 being 50% prior to any Occupation Certificate (OC) being issued (interim and final).

 

The purpose of this report is to facilitate changes to Liverpool Contributions Plan 2018 – Existing Areas (CP 2018) to enable instalment payments as previously resolved by Council and clarify the relationship between complying development certificates and the payment of development contributions.

 

This report was presented to Council at its meeting on 26 February 2020 to implement this resolution (Attachment 1). Council subsequently resolved:

 

That this item be deferred to the March Council meeting until questions relating to the increases in section 7/11s, new fees and charges and the Compliance Levy can be answered).

 

A response to the questions raised at the 26 February 2020 Council meeting has been provided separately to Councillors.

 

Council cannot allow for payment of development contributions by instalment for development approved by a Complying Development Certificate (CDC), as provisions regarding payment of contributions for CDCs are set by the Environmental Planning and Assessment Regulation 2000.

 

If supported by Council, the amendment to the CP 2018 will be placed on public exhibition in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and the Regulations.

 

If any submissions are received opposing the changes, a report will be submitted to Council following exhibition. If no submissions are received opposing the amendment, it is recommended that Council delegate authority to the CEO to finalise the amendment.

 

There is also a separate report in the business papers relating to minor housekeeping amendments to other Development Contributions Plans to ensure clarity around the payment of development contributions regarding complying development certificates.

 

The changes proposed to those plans have already been included in CP 2018 when it was reviewed in 2018. However, to ensure alignment, an additional update to CP 2018 is required to clarify that development contributions are required to be paid whether or not a development is approved by a Development Application or a Complying Development Certificate.

 

 

RECOMMENDATION

 

That Council:

 

1.    Exhibits draft Liverpool Contributions Plan 2018 – Established Areas (Amendment 1) in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations; and

 

2.    Delegates to the CEO authority to finalise Liverpool Contributions Plan 2018 – Established Areas (Amendment 1) if no submissions opposing the changes are received.

 

 

REPORT

 

The purpose of this report is to facilitate changes to Liverpool Contributions Plan 2018 – Existing Areas to enable instalment payments of development contributions as previously resolved by Council and clarify the relationship between complying development certificates and the payment of development contributions.

 

At its meeting on 11 December 2019, Council resolved to develop:

 

“a policy that allows 7.11 payments on secondary dwellings to be paid in instalments with instalment 1, 50% on the issue of a Construction Certificate and instalment 2 being 50% prior to any Occupation Certificate (OC) being issued (interim and final).”

 

A report was presented to Council at its meeting on 26 February 2020 to implement this resolution. A copy of this report is included in Attachment 1.

 

Council subsequently resolved:

 

“That this item be deferred to the March Council meeting until questions relating to the increases in section 7/11s, new fees and charges and the Compliance Levy can be answered.).

 

A response to the questions raised at the 26 February 2020 Council meeting has been provided to Councillors and an extract of the response specifically relevant to contributions is included below:

 

“The land and works components of our Contribution Plans are indexed quarterly, based on land valuation reports and CPI respectively. CPI for works is used to ensure that the cost to deliver a specific item reflects the real cost to Council, rather than using the original figures in a contributions plan. Given the significant change to property prices over recent years, the base cost included for land in Council’s contribution plans becomes outdated very quickly. To ensure the contribution rates reflect actual costs, Council applies a quarterly indexation for land based on property valuations.

 

Indexation of contribution plan items (land and works) is undertaken to better align the funds collected with the real cost of delivery. This approach minimises the financial impact on Council in meeting any shortfall associated with the increased cost over time of land and materials.

 

The increase in contributions since 2016 is dependent on the specific location and what infrastructure items are being provided in that area”.

 

Development contributions for secondary dwellings are an important source of funds to enable Council to upgrade roads and parks within existing communities. The proposed amendment to Liverpool Contributions Plan 2018 – Existing Areas seeks to provide flexibility in the timing of payment of development contributions for secondary dwellings rather than change the way that contributions are calculated.

 

There is a separate report in the business papers relating to minor housekeeping amendments to other Development Contributions Plans to ensure clarity around the payment of contributions regarding complying development certificates. The changes proposed to those plans have already been included in Liverpool Contributions Plan 2018 – Existing Areas when it was reviewed in 2018. However, to ensure alignment, an additional update to CP 2018 is required. Specifically, Section 3.8 Payment of Contributions is proposed to be updated as follows (changes in bold):

 

Council will require, as a condition of development consent (on a development application or complying development certificate), the payment of a monetary contribution for the provision of public facilities specified in this Contributions Plan, from residential accommodation and subdivisions designed for residential accommodation, which it considers will contribute to the need for those facilities. The Contributions Plan applies to development applications determined after the plan comes into force.

 

This change has been included in the draft CP included as Attachment 2.

 

Implementation of Council’s resolution of 11 December 2019 as recommended in this report will provide a level of support to applicants who may experience challenges paying the required contribution in one payment.

 

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

Deliver services that are customer focused.

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

 

ATTACHMENTS

 

1.         Council report 26/2/2020 - instalment payments for secondary dwellings (Under separate cover)

2.         Draft Liverpool Contributions Plan 2018 Established Area (Amendment 1) (Under separate cover)  

 


128

Ordinary Meeting

29 April 2020

City Economy and Growth Report

 

 

EGROW 06

Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 76) - Schedule 1 Amendment to permit vehicle sales or hire premises at 36-36A Kookaburra Rd, North Prestons

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

052134.2020

Report By

Luke Oste - Strategic Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

Property

36-36A Kookaburra Road, North Prestons

Owner

Perpetual Corporate Trust LTD    

Applicant

Craig Thomas (Logos Property)

 

 

Executive Summary

 

At its meeting on 29 May 2019, Council resolved to support a planning proposal to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 (LLEP 2008) to enable an additional permitted use of vehicle sales or hire premises at 36-36A Kookaburra Road, North Prestons and to forward the planning proposal to the Department of Planning, Industry and Environment for a Gateway determination.

 

This report updates Council on the Gateway determination which was issued for the planning proposal (Draft Amendment 76) and the results of the state agency and community consultation undertaken in support of the amendment.

 

It is recommended that Council support the making of Amendment 76 and delegates to the CEO the authority to liaise with the Parliamentary Counsel’s Office to finalise the LEP amendment. 

 

 

 

 

RECOMMENDATION

 

That Council:

 

1.    Notes the Gateway determination for draft Liverpool Local Environmental Plan 2008 (Amendment 76) and the results of public exhibition and community consultation; and

 

2.    Approves Amendment 76 and delegates authority to the CEO to liaise with the NSW Parliamentary Counsel’s Office to finalise the amendment.

 

 

Report

 

Background

 

At its meeting on 29 May 2019, Council resolved to:

 

1.   Note the advice of the Liverpool Local Planning Panel;

2.   Support in principle the planning proposal to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 to permit vehicle sales or hire premises as a land use permitted with consent at Lot A and B Kookaburra Road, Prestons (Lot A and B DP 408207);

3.   Delegate to the CEO to make any typographical or other editing amendments to the planning proposal if required;

3.   Forward 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; and

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

 

The Planning Proposal

 

This planning proposal is site specific and relates to land at 36-36A Kookaburra Road, North Prestons (Lots A and B DP408207). The site is approximately 1.2km south-west of the M7 in the Prestons Industrial Estate. The site is surrounded by IN3 zoned land to the north and IN1 zoned land to the south. The nearest residential development is located approximately 235m south of the site with additional dwellings located approximately 325m to the north-west of the site. Cabramatta Creek and associated bushland is located to the west of the site, forming a border between the Prestons Industrial Estate and the surrounding residential area.

 

Figure 1 – Aerial photograph of the subject site (purple) and operation extent of the site (red) (Source: Nearmap)

 

Objectives of the Planning Proposal

 

The key objective of the planning proposal is to enable vehicle sales to be undertaken at the site. This sales activity is proposed to occur within the existing warehouse on site and on a portion of the existing hard-stand area outside the warehouse.

 

Gateway determination

 

A Gateway determination (Attachment 1) was received from the Department of Planning, Industry and Environment on 4 November 2019 and required the following actions:

1.   Prior to public exhibition, the planning proposal is required to be amended as follows:

a.   use Council’s template for the exhibited version of the planning proposal;

b.   update the references to the address of the subject land to 36 and 36A Kookaburra Road, North Prestons;

c.   expand the description of the proposed clauses to explain in detail the intent of the controls; and

d.   update the consistency of the planning proposal with section 9.1 Directions 3.4 Integrating Land Use and Transport, Direction 4.3 Flood Prone Land and 6.3 Site Specific Provisions

 

2.   Public exhibition is required under Section 3.34(2)(c) and Schedule 1 Clause 4 of the Act as follows:

(a)  The planning proposal must be made publicly available for a minimum of 28 days; and

(b)  The planning proposal authority must comply with the notice requirements for public exhibition of planning proposals and the specifications for material that must be made publicly available along with planning proposals as identified in section 6.5.2 of A guide to preparing local environmental plans (Department of Planning, Industry and Environment 2016).

 

3.   Consultation is required with Roads and Maritimes Services (RMS) under Section 3.34(2)(d) of the Act and/or to comply with the requirements of relevant section 9.1 Directions. RMS is to be provided with a copy of the planning proposal and any relevant supporting material, and given at least 21 days to comment on the proposal.

The Gateway determination authorised Council as the local plan making authority to make Amendment 76.

 

Consultation

 

Public Authority Consultation

 

In accordance with the Gateway determination, Transport for New South Wales (formerly RMS) were consulted. No objection to the proposal was received, subject to Council being satisfied that safe access to Kookaburra Road will be provided/maintained from the existing local road network (Attachment 2).

 

Community Consultation

 

In accordance with the Gateway determination, the planning proposal was placed on public exhibition from 11 December 2019 to 29 January 2020. The additional length of the community consultation period above the prescribed 28 days was to ensure that ample time was provided to the community to respond over the summer holiday period. This additional time was provided in accordance with Clause 16 within Schedule 1 of the Environmental Planning and Assessment Act 1979.

 

The public exhibition process included notices on Council’s website, the Liverpool Leader newspaper and an advertising poster in Council’s administration centre. No submissions were received.

 

Conclusion

 

The Gateway requirements, including public exhibition and community consultation for Draft Amendment 76 have been satisfied. No submissions were received during the public exhibition of the proposal and as a result no changes are proposed.

 

This report recommends that Council approves Amendment 76 and delegates authority to the CEO to liaise with the Parliamentary Counsel’s Office to finalise the amendment.

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


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.         Gateway Determination

2.         TfNSW (RMS) Submission


132

EGROW 06

Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 76) - Schedule 1 Amendment to permit vehicle sales or hire premises at 36-36A Kookaburra Rd, North Prestons

Attachment 1

Gateway Determination

 

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133

EGROW 06

Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 76) - Schedule 1 Amendment to permit vehicle sales or hire premises at 36-36A Kookaburra Rd, North Prestons

Attachment 2

TfNSW (RMS) Submission

 

PDF Creator


137

Ordinary Meeting

29 April 2020

City Economy and Growth Report

 

 

EGROW 07

Street Naming Request - Edmondson Park

 

Strategic Direction

Generating Opportunity

Advocate for, and develop, transport networks to create an accessible city

File Ref

054341.2020

Report By

Christopher Jattan - Administration Officer - Planning & Transport Strategy

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

This report seeks a Council resolution on a current street naming request in Edmondson Park.

 

The proposed name, Macdonald Road is proposed for a new road located between Campbelltown Road and Bernera Road, Edmondson Park.

 

The proposed name has been assessed using Council’s Naming Convention Policy and has been granted pre-approval in consultation with the Geographical Names Board (GNB) of NSW.

 

RECOMMENDATION

 

That Council:

 

1.    Supports the naming of Macdonald Road;

 

2.    Forwards the name to the Geographical Names Board (GNB), seeking formal approval;

 

3.    Publicly exhibit the name in accordance with Council’s Naming Convention Policy, for a period of 28 days, following formal approval from the GNB; and

 

4.    Authorises the Chief Executive Officer (CEO) to undertake the process of gazettal, if there are no submissions received during public exhibition.

 

 


 

REPORT

 

Background

 

On 10 July 2014, Council staff wrote to the GNB to rename part of Croatia Avenue to Bernera Road through the suburb of Edmondson Park. This was due to the existing extent of Croatia Avenue (at the time) being split, with one part allowing for realignment (creating a new link from Camden Valley Way) directly into the town centre and another part following the existing extent of the road, as per Figure 1 below.

 

Figure 1: Diagram indicating part of Croatia Avenue being renamed Bernera Road

 

After being endorsed by Council and the GNB, and following public consultation, the eastern extent of Croatia Avenue retained its name, whilst the realigned western portion was named Bernera Road.

 

 

Current Proposal

 

Council received a request from Transport for NSW (TfNSW) to name the proposed road from Campbelltown Road to Bernera Road as Macdonald Road. Figure 2 shows the extent of the recently constructed road in red and the future extension of this road (where it will meet Bernera Road) in blue dashed.

 

The street name has been assessed using Council’s Naming Convention Policy and checked for duplication using the GNB’s Online Road Naming System.

 

Council notes that there is a duplication of the road located in Lurnea which is 5.7km away and therefore would be contrary to the Naming Convention Policy if this were a new road. However, GNB have given pre-approval for the road and future link road to be named as Macdonald Road as it is an extension of the existing Macdonald Road in Bardia and not a new road.

Figure 2: Proposed street name (red marking), future link road (blue marking) which will join Bernera Road.


 

Next Steps

 

If supported by Council, the above name will be forwarded to the GNB for formal approval and if approved, placed on public exhibition for 28 days in the local newspaper and notified to relevant stakeholders, seeking endorsement. Relevant stakeholders include Australia Post, NSW Ambulance, Fire and Rescue NSW, NSW Rural Fire Service, NSW State Emergency Service, NSW Volunteer Rescue Association, Transport for NSW and NSW Police Force.

 

Council officers will consider all submissions during the public notification period. The three potential scenarios following exhibition are as follows:

•        If there are objections from the relevant agencies, Council will not proceed with the naming request. The applicant will be notified of the outcome. A report to Council will be prepared for the next available meeting outlining the reason for rejection.

•        If there are no objections, the naming request will proceed to the NSW Parliamentary Counsel’s Office (PCO) for gazettal under the delegation of the Chief Executive Officer (or delegate).

•        Any submissions from the community during the public notification period will be considered. If there is strong community opposition, or reason to reconsider the proposed names, a report will be prepared for the next available Council meeting recommending withdrawal of the naming proposal. If Council decides to support the proposal, the naming request will proceed to the PCO for gazettal under the delegation of the Chief Executive Officer (or delegate). If Council decides not to adopt the naming proposal, the applicant will be notified in writing outlining the reason for rejection.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.

Social

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

Civic Leadership

Foster neighborhood pride and a sense of responsibility.

Legislative

Roads Act 1993.

 

ATTACHMENTS

 

Nil


142

Ordinary Meeting

29 April 2020

City Economy and Growth Report

 

 

EGROW 08

Post Exhibition Report - Draft Liverpool Development Control Plan 2008 (Amendment 25)

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

056601.2020

Report By

Graham Matthews - Senior Strategic Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

This report was originally presented to the 26 February 2020 Council meeting for consideration. Council resolved to defer consideration pending a further briefing session. A further briefing session was held for Councillors on 11 March 2020 and was in addition to the briefing session held on 26 November 2019.

 

Amendment 25 amends Parts 1 and 4 of DCP to make the DCP consistent with changes made to Liverpool Local Environmental Plan (LLEP) 2008 by the Liverpool City Centre LEP amendment (Amendment 52).

 

Public exhibition of Amendment 25 was undertaken between 6 November and 4 December 2019. One submission was received from Endeavour Energy. An internal submission was also received from Council’s Floodplain and Water Management department.

 

Matters raised in the submissions and by Councillors are addressed in the body of the report.

 

This report recommends that the minor amendment to Section 6 of Part 1 of the DCP proposed by Council’s Floodplain and Water Management department be incorporated. Otherwise, this report recommends that Amendment 25 to the LDCP be adopted without further amendment. It is also recommended that the CEO be authorised to finalise the amendment.

 


 

RECOMMENDATION

 

That Council:

 

1.    Adopts draft Amendment 25 to the Liverpool Development Control Plan (Part 1 and Part 4) (Attachment 1 and 2) and authorises the CEO to finalise Amendment 25 including the correction of any minor typographical errors to come into effect upon the publication of the required notice in the local newspaper; and

 

2.    Notifies those who lodged a submission of Council’s decision.

 

 

REPORT

Background

 

At its 29 March 2017 meeting, Council resolved to authorise the CEO to finalise LDCP (Amendment 25), once the Liverpool city centre LEP amendment, LLEP 2008 (Amendment 52) was finalised by the Department of Planning, Industry and Environment (DPIE). However, in finalising LLEP 2008 (Amendment 52), DPIE made changes to the LEP amendment, which necessitated the re-drafting of Part 4 LDCP 2008, to make it consistent with Amendment 52 as gazetted by DPIE.

 

At its 20 October 2019 meeting, Council resolved to re-exhibit draft Liverpool Development Control Plan (LDCP) 2008 (Amendment 25) for 28 days and that a briefing be arranged for Councillors during the exhibition period. This briefing to Councillors was undertaken on 26 November 2019. Council also resolved to receive a further report on the outcomes of public exhibition.

 

Consistent with the requirements of Clause 21A of the Environmental Planning and Assessment Regulation 2000, the redraft of Part 4 of LDCP 2008 was also referred to the Liverpool Design Excellence Panel (DEP) for consideration. A briefing was held with the Panel on 14 November 2019.

 

This report was originally presented to the 26 February 2020 Council meeting for consideration. Council resolved to defer consideration pending a further briefing session. A further briefing session was held for Councillors on 11 March 2020 and was in addition to the briefing session held on 26 November 2019.

Public exhibition

 

Public exhibition commenced on 6 November 2019 and concluded on 4 December 2019. Two submissions were received, one from Endeavour Energy and the other from Council’s Floodplain and Water Management department. Copies of Part 1 and Part 4 of the LDCP (with tracked changes incorporating recommended amendments) are included in Attachment 1 and Attachment 2 respectively.

Endeavour Energy submission  

 

Endeavour Energy requested that the Council reconsider controls in Sections 4.2.5 and 4.3.6 of Part 4 of LDCP 2008, which require that:

·    Electricity substations … must be properly integrated into the building design to minimise disruption and visual clutter in the ground plane and streetscape (Section 4.2.5, control 3, subsection k); and

·    Electricity substations (where required) shall be situated within the building or its basement (Section 4.3.5, control 4).

 

The Endeavour Energy submission states that Endeavour Energy prefers the use of pad-mount substations, constructed outside buildings, often in the public domain. Nevertheless, the Endeavour Energy submission also notes that, “this may leave limited opportunity for landscaping or screening or adoption of prudent avoidance principles”. It goes on to note that, “The utilisation of indoor substations where appropriate may help ensure quality urban outcomes across the Liverpool city centre.”

 

While external pad-mount substations are the preference of Endeavour Energy, the submission makes clear that Council may prefer that substations are incorporated into the building design to ensure quality urban outcomes across the city centre. Referral of specific Development Applications to Endeavour Energy would continue to occur, pursuant to the requirements of State Environmental Planning Policy (Infrastructure) 2007, giving Endeavour Energy the opportunity to comment on a particular development.

 

Council has requested a meeting with senior staff at Endeavour Energy to discuss how we may collaborate to ensure the need for additional substations do not compromise quality public realm in Liverpool city centre.

 

It is recommended that no changes to this clause be made.

Councillor Briefing

 

As required by the Council resolution of 20 October 2019, a briefing was held for Councillors on 26 November 2019. Councillors were briefed in detail on the proposed amendments to Part 4 of the DCP. Questions raised and the response is detailed in the Summary and Response to Submissions table (Attachment 3).

 

Some Councillors raised concern about the lack of parking in the Liverpool CBD and requested consideration be given to increasing requirements for on-site parking in the Liverpool city centre, to account for perceived higher use of cars in the community.

It was advised in the briefing that:

·    Minimum parking rates, for developments in the Liverpool city centre on land zoned B3 Commercial Core or B4 Mixed Use are determined by Clause 7.3 of LLEP 2008 and that under the Environmental Planning and Assessment (EP&A) Act 1979, provisions of a DCP may not contradict those of an LEP;

·    Section 3J of the Apartment Design Guidelines (ADG), prepared in accordance with State Environmental Planning Policy (SEPP) 65, reduces the requirement for on-site parking for buildings developed within 800m of a metropolitan railway station. This provision takes precedence over parking rates in the LLEP 2008 and LDCP 2008; and

·    Most residential flat buildings and mixed-use buildings in the Liverpool City Centre are within 800m of either Liverpool or Warwick Farm railway stations and are therefore subject to reduced parking requirements.

 

The DCP must be consistent with the provisions of the LEP and SEPP 65. It is therefore recommended that no changes to this Clause be made.

 

A further briefing session was held for Councillors on 11 March 2020 and was in addition to the briefing session held on 26 November 2019.

Liverpool Design Excellence Panel

 

The redraft of Part 4 LDCP 2008 was provided to the DEP on 8 November 2019, pursuant to the requirements of Clause 21A of the Environmental Planning and Assessment Regulation 2000. A detailed briefing was provided to the DEP on 14 November 2019. The DEP did not provide any comments on the DCP changes and therefore no changes have been proposed.

Council submission

 

The submission from Council’s Floodplain and Water Management department proposes minor amendments to Section 6 of Part 1 of the DCP - Water Cycle Management, including subsections 6.1, 6.4 and 6.5. The minor amendments seek to achieve consistency throughout the DCP to encourage the harvest of rainwater and urban stormwater run-off, where appropriate, and to clarify requirements for the disposal of pumped stormwater to Council’s stormwater pits. Full details of the proposed amendments are included in the Summary and Response to Submissions document (Attachment 3).

 

The proposed amendments increase the clarity and functionality of the DCP. It is recommended that these proposed amendments to Part 1 LDCP 2008 be adopted.

Conclusion

 

Finalisation of Draft LDCP 2008 (Amendment 25) will update the Liverpool Development Control Plan 2008, to make it consistent with LLEP 2008 (Amendment 52). The amended DCP will provide accurate guidance to those wishing to redevelop property in the Liverpool City Centre, in particular those wishing to take advantage of the development bonuses afforded by Clause 7.5A of LLEP 2008.

 

It is recommended that Council adopt the changes to Part 1 and 4 of the DCP and authorises the CEO to finalise Amendment 25 including the correction of any minor typographical errors to come into effect upon the publication of the required notice in the local newspaper.

 

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

There are no civic leadership and governance considerations.

Legislative

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000.

 

ATTACHMENTS

 

1.         Part 1 DCP (with post exhibition amendments) (Under separate cover)

2.         Part 4 DCP (as exhibited) (Under separate cover)

3.         Summary and Response to Submissions (Under separate cover)    


146

Ordinary Meeting

29 April 2020

City Economy and Growth Report

 

 

EGROW 09

Out of Office Hours Compliance Officers

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

057507.2020

Report By

Nada Mardini - Manager Community Standards

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

At its meeting of 26 February 2020, Council resolved:

 

That Council:

 

1.    Provide a costing report to the March Council meeting for providing on the ground services by compliance officers during, and between 7am – 9am and 4pm – 10pm seven days a week each year.

 

2.    Consider:

a.    Cost to employ directly such officers under stipulated agreement to the hours needed by Council and not subject to overtime rates; and / or

b.    Cost in overtime to utilise existing compliance officers on a rotation basis to service the out of hours requirements of Council; and / or

c.    Contractual agreement through a local business with payment on invoice to Council for services supplied in responding to incidences within the outlined times.

 

This report addresses the above resolution and provides the costings for rostered staff to cover the hours between 7am and 10pm seven days per week. This cost is estimated to be $770,000 annually or if an on-call roster is preferred, the estimate cost is $90,000 annually.

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

REPORT

 

At its meeting of 26 February 2020, Council resolved: 

 

That Council:

 

1.   Provide a costing report to the March 2020 Council Meeting for providing on the ground services by compliance officers during, and between 7am 9am and 4pm 10pm seven days a week each year.

 

2.   Consider:

a.   Cost to employ directly such officers under stipulated agreement to the hours needed by Council and not subject to overtime rates; and / or

b.   Cost in overtime to utilise existing compliance officers on a rotation basis to service the out of hours requirements of Council; and / or

c.   Contractual agreement through a local business with payment on invoice to Council for services supplied in responding to incidences within the outlined times.

 

Current Working Hours

 

It is assumed that areas of concern that resulted in the above resolution relate to parking enforcement and noise complaints outside Council’s normal operating hours.  These areas are currently dealt with by the Regulatory Services group (Parking Officers and Rangers). Noise matters are handled by the Environmental Health Officers (other than barking noise which is handled by Rangers).

 

The Rangers currently work on a seven days a week roster between 8am and 4.30pm with the Animal Rangers on call 24 hours a day, seven days a week.  Parking Officers working within the Liverpool CBD on foot, work between 8am and 4.30pm enforcing Road Rules, particularly relating to metered parking.

 

The Environmental Health Officers who deal with noise complaints work under a flexible working hours arrangement covering core hours between 8am and 6pm.

 

Work, Health & Safety Consideration

 

Any proposal to provide compliance services outside of normal business hours must consider Council’s Work, Health and Safety obligations under current Workplace Safety laws. Council’s Safety & Wellbeing Coordinator has provided advice on this proposal, including risks that would need to be managed if this proposal proceeds:

·    Managing the risk of slips, trips and falls by working in the dark. Most areas in the CBD are artificially lit and some areas in the CBD and outer suburbs are not well lit;

·    Ensuring that there is adequate support for workers operating outside Council’s general operating hours up to 10pm, including escalation notification to a supervisor if any incidents occur; and

·    Managing the risks of potential assaults on staff as foot traffic in the CBD after hours is less than during the day, especially in areas away from Westfield and areas that are popular in the CBD after hours; as well as outside the CBD.

 

Costing of the Proposals

 

The following costings have been provided as required by Council’s resolution.

 

(a)  Rostered staff to cover the hours of 7am to 10pm

This proposal will require two shifts.  One shift will work between 7am to 3.30pm and the other shift from 1.30pm to 10pm.  This arrangement would require Council to employ an additional eight Rangers at an annual estimated cost of $770,000.

 

(b)  On call staff to deal with after-hours matters 

This proposal will be based on response to complaints and will cover both the Rangers and Environmental Health Officers.  The estimated cost will depend on how regularly the Officers are called out.  Using available data, it is estimated that the cost for this proposal would be $90,000.

 

(c)  Contractual agreement through a local business with payment on invoice to Council for services supplied in responding to incidences within the outlined times.

It is not recommended that Council consider contracting out enforcement services. The two options described above demonstrate that, subject to appropriate management of risk and an appropriate budget allocation, Council can implement the proposal by either rostered staff or on call staff.

 

CONSIDERATIONS

 

Economic

Provide efficient parking for the City Centre.

Enhance the environmental performance of buildings and homes.

Facilitate economic development.

Environment

Manage the environmental health of waterways.

Manage air, water, noise and chemical pollution.

Enhance the environmental performance of buildings and homes.

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


Social

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


Civic Leadership

Act as an environmental leader in the community.

Foster neighbourhood pride and a sense of responsibility.

Encourage the community to engage in Council initiatives and actions.

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

Deliver services that are customer focused.

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

Legislative

Local Government Act 1993

Local Government (State) Award

 

ATTACHMENTS

 

Nil  


151

Ordinary Meeting

29 April 2020

City Community and Culture Report

 

 

COM 01

Alcohol Free-Zones in the Liverpool Local Government Area

 

Strategic Direction

Creating Connection

Implement access and equity for all members of the community

File Ref

070863.2020

Report By

Galavizh Ahmadi Nia - Manager Community Development and Planning

Approved By

Dr Eddie Jackson - Director City Community and Culture

 

Executive Summary

 

Established by a local council, an Alcohol-free Zone (AFZ) is an area where drinking of alcohol is prohibited. Alcohol-free zones are implemented as an early intervention method to prevent the escalation of street drinking. An AFZ can only be established to include a public road, footpath, or public car park. AFZs have been shown to be a successful way of reducing alcohol related crime and behaviour in known hot spots.

 

AFZs have been implemented and enforced within the Liverpool Local Government Area (Liverpool LGA) for a number of years. The Liverpool AFZs most recent review was conducted in 2015 and signs across thirty five (35) locations were updated for a period of four years. The Liverpool City Police Area Command (Liverpool City PAC) have submitted applications to Council for the renewal of the thirty five existing AFZs. Additionally, a new AFZ for the Carnes Hill Community and Recreation Precinct has been proposed. Subsequently, in January 2020 details of all zones were submitted to Anti-Discrimination NSW for approval. Approval for the re-establishment of Liverpool’s AFZs was granted by Anti-Discrimination NSW In March 2020.

 

This report recommends that Council endorses the re-establishment of AFZs in Liverpool and exhibit the AFZ sites for public comment for a 30 day period, as required by the Ministerial Guidelines for Alcohol Free Zones.

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the recommended sites for re-establishment of Liverpool Alcohol-Free Zones (AFZ);

 

2.   Places the recommended AFZs on public exhibition for a period of 30 days as required by the Ministerial Guidelines on Alcohol-Free Zones; and 

 

3.    Delegates to the CEO the finalisation of the recommended AFZs if no submissions are received; or receive a further report outlining details of the submissions received at the conclusion of the exhibition period.

 

REPORT            

 

BACKGROUND

 

 

AFZs have been implemented and enforced within the Liverpool LGA for a number of years. The Liverpool AFZs most recent review was conducted in 2015 and signs across 35 locations were updated for a period of 4 years, to 2019. Liverpool’s AFZs are inclusive of small areas of public space, typically in locations adjacent to outlets supplying alcohol such as pubs, clubs and liquor stores. These locations were identified in consultation with Liverpool City PAC, service providers and internal stakeholders including Community Standards and Legal Services. The AFZs have been enforced in known hotspots in Liverpool where street drinking occurs, aiming to minimize community safety concerns and anti-social behaviour.

 

AFZs are implemented as an early intervention method to prevent the escalation of irresponsible street drinking. The AFZs aim to:

 

·    Create easily identifiable locations where street drinking is prohibited;

·    Intervene and prevent the escalation of irresponsible street drinking;

·    Reduce and prevent alcohol related crime and behaviour;

·    Inform and educate community members about the importance of eradicating alcohol consumption within these areas;

·    Create a safe environment for all community members;

·    Provide opportunities for collaboration with the Liverpool City PAC and relevant community organisations to promote healthier behaviours; and

·    Monitor alcohol consumption in known hotspot locations.

 

AFZs RENEWAL PROCESS

 

The Ministerial Guidelines for AFZs, overseen by Anti-Discrimination NSW, requires that requests for AFZs must be made to Council by a member of the NSW Police Force, a community organisation or a member of the general public. The proposed zones are then submitted to Anti-Discrimination NSW for their review and approval. This process also requires a public exhibition period of 30 days to allow comment and feedback from the community.

 

Council’s Community Development and Planning team has consulted with Liverpool City PAC and relevant stakeholders to determine the necessity of renewing the existing AFZs in Liverpool. The feedback received identified the need for AFZs to be reinstated in the existing locations as a strategy to manage and reduce alcohol related crime and behaviour.

 

The Liverpool City PAC have submitted applications to Council for the renewal of the thirty five existing AFZs and an additional AFZ application for the Carnes Hill Community and Recreation Precinct. Subsequently, as required by the Ministerial Guidelines, details of all zones were submitted to Anti-Discrimination NSW for approval in January 2020. As of March 2020, approval has been granted to Council by Anti-Discrimination NSW for the re-establishment of Liverpool AFZs. Following the required period of public exhibition, Liverpool’s AFZs will be re-established for a further four-year period to 2024.

 

PROPOSED LOCATIONS

 

The table below outlines the recommended locations to re-establish the AFZs within the Liverpool LGA and to update signs at designated locations.

 

 Location Description

Previous term

Number of signs

Macquarie St and Northumberland St (bounded by Campbell St and Hume Highway) – Liverpool City centre

29/04/15 – 29/04/19

2

Castlereagh St – Liverpool City Centre

29/04/15 – 29/04/19

1

Bathurst St – Liverpool City Centre

29/04/15 – 29/04/19

1

Northumberland St – Liverpool City Centre

29/04/15 – 29/04/19

5

Macquarie St – Liverpool City Centre

29/04/15 – 29/04/19

5

George St – Liverpool City Centre

29/04/15 – 29/04/19

9

Bigge St (including Liverpool Bus Rail exchange) – Liverpool City Centre

29/04/15 – 29/04/19

9

Goulburn St – Liverpool City Centre

29/04/15 – 29/04/19

2

Campbell St – Liverpool City Centre

29/04/15 – 29/04/19

1

Elizabeth St – Liverpool City Centre

29/04/15 – 29/04/19

1

Moore St – Liverpool City Centre

29/04/15 – 29/04/19

2

Memorial Ave – Liverpool City Centre

29/04/15 – 29/04/19

8

Scott St – Liverpool City Centre

29/04/15 – 29/04/19

1

Railway St – Liverpool City Centre

29/04/15 – 29/04/19

7

Pirie St – Liverpool City Centre

29/04/15 – 29/04/19

5

Hill Rd (between Wonga Rd and Lions Ave) – Lurnea

29/04/15 – 29/04/19

1

Reilly St (between West St and Webster Rd) – Lurnea

29/04/15 – 29/04/19

6

Ingham Dr (roadway and pathway area including street parking facility outside Casula Community Centre and Library) – Casula

29/04/15 – 29/04/19

9

Maryvale Ave (shop frontage between Memorial Ave and St Paul’s Cres, roadway and footpath area) – Liverpool

29/04/15 – 29/04/19

1

Mannix Parade (shops between Lawrence Hargrave Dr and McGirr Parade) – Warwick Farm

29/04/15 – 29/04/19

3

Khancoban St (along shop frontage) – Heckenberg

29/04/15 – 29/04/19

4

Green Valley Rd (along shop frontage) – Green Valley

29/04/15 – 29/04/19

2

Willian Dr (along shop frontage) – Cartwright

29/04/15 – 29/04/19

4

Sutton Rd and Sinclair Rd (adjacent to shops) - Ashcroft

29/04/15 – 29/04/19

2

Miller Shopping Centre car park

29/04/15 – 29/04/19

2

The Hub – Miller

29/04/15 – 29/04/19

3

Lady Woodward Cres and Shropshire St – Miller

29/04/15 – 29/04/19

8

Edmondson Ave and Tenth Ave (adjacent to shops and Austral Public School) – Austral  

29/04/15 – 29/04/19

4

Eastern and Western side of Hume Highway (bounded by Atkinson St and Hoxton Park Rd) – Hoxton Park

29/04/15 – 29/04/19

3

Both sides of Hoxton Park Rd to the intersection of Gill Ave – Hoxton Park

29/04/15 – 29/04/19

1

Gill Ave – Hoxton Park

 

1

Gillespie St – Liverpool

29/04/15 – 29/04/19

4

Pearce St – Liverpool

29/04/15 – 29/04/19

17

Atkinson St – Liverpool

29/04/15 – 29/04/19

8

Bathurst Street car park (near Northumberland St entry) – Liverpool City Centre

29/04/15 – 29/04/19

3

Carnes Hill Community and Recreation Precinct (within area bordered by Beard Creek, Cowpasture Rd, Kurrajong Rd and Margaret Dawson Drive) – Carnes Hill

29/04/15 – 29/04/19

1

 


 

SIGNAGE

Signs are placed on the outer limits of the zone, at the site of known hotspots and at any other suitable intervals within the zone. The AFZ signs indicate that the drinking of alcohol is prohibited within that given area. The start and finish dates of the term are included on the sign, ensuring community members are aware of the valid term for the AFZ. The signs across the Liverpool LGA will be consistent and with easily recognised symbols. To avoid confusion, graphic representation will be used on the signs making them easily recognizable by members of the public.

 

ENFORCEMENT

Once implemented, AFZs are enforceable by any Officer of the NSW Police Force.

The power to seize and tip out or otherwise dispose of alcohol without the need to issue a warning applies within an AFZ. A Police Officer may use their discretion to issue a warning to a person who is drinking in an AFZ. An individual who does not comply with an AFZ order, at the direction of a Police Officer, can be charged with obstruction under Section 660 of the Local Government Act 1993. This offence carries a maximum penalty of $2,200.

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

Support policies and plans that prevent crime.

Promote community harmony and address discrimination.


Civic Leadership

Foster neighborhood pride and a sense of responsibility.

Legislative

Section 646 (1) of the Local Government Act, 2009.

Ministerial Guidelines on Alcohol Free Zones.

 

ATTACHMENTS

 

Nil


155

Ordinary Meeting

29 April 2020

City Community and Culture Report

 

 

COM 02

Community Development and Planning Committee Charters

 

Strategic Direction

Creating Connection

Implement access and equity for all members of the community

File Ref

082328.2020

Report By

Galavizh Ahmadi Nia - Manager Community Development and Planning

Approved By

Dr Eddie Jackson - Director City Community and Culture

 

Executive Summary

 

Council Committee charters are reviewed bi-annually to ensure they are in compliance with relevant Council policies and guidelines.

 

This report is tabled in order to present the updated charters for the following Committees:

 

·    Liverpool Access Committee;

·    Liverpool Community Safety and Crime Prevention Advisory Committee;

·    Aboriginal Consultative Committee; and

·    Liverpool Youth Council.

 

RECOMMENDATION

 

That Council receives and endorses the following updated charters:

 

·    Liverpool Access Committee;

 

·    Liverpool Community Safety and Crime Prevention Advisory Committee;

 

·    Aboriginal Consultative Committee; and

 

·    Liverpool Youth Council.

 

 

 

 

 

 

REPORT

 

The following Council Committee charters are due for bi-annual review. The following charters have been reviewed, updated and are attached for Council’s endorsement:

 

·    Liverpool Access Committee Charter;

·    Liverpool Community Safety and Crime Prevention Advisory Committee Charter;

·    Aboriginal Consultative Committee Charter; and

·    Liverpool Youth Council.

 

Each charter has been reviewed by Council staff, in consultation with members of the committees and Council’s Governance department to ensure compliance with relevant Council policies and guidelines. The charters identified a number of actions which Council staff are required to undertake in order to ensure the committees’ functions and operations are in accordance with Council guidelines.

 

The review and feedback from members of the committees has resulted in some changes to all charters, including changes to quorums and frequency of meetings. All charters have been updated with formatting and minor word editing. Details of changes to each individual charter are outlined in this report.

 

Liverpool Access Committee Charter

 

The review of the Liverpool Access Committee Charter recommends the following changes:

 

·    9.4.2 – Committee members who cannot attend a meeting may delegate a representative to attend the meeting on their behalf by notifying Council officers prior to the meeting. This representative would then be included in the quorum;

·    10.1 - change of the quorum requirements to a number of Committee members (4), rather than half-plus-one;

·    12.1 – changed meeting frequency to bi-monthly; and

·    Appendix 2b – Committee members can raise items as general business during the meeting. Items do not need to be submitted prior to the meeting.

 

Liverpool Community Safety and Crime Prevention Advisory Committee Charter

 

The review of the Liverpool Community Safety and Crime Prevention Advisory Committee Charter recommends the following change:

 

·    10.1 – change of the quorum to a number (10) of participants, rather than half-plus-one; and

·    13.1 – remove the phrase “unless otherwise specified in this Charter” in reference    to meetings being conducted in accordance with Council’s Code of Meeting Conduct.

 

Aboriginal Consultative Committee Charter

 

The review of the Aboriginal Consultative Committee Charter recommends no changes, other than formatting and minor word editing.

 

Liverpool Youth Council Charter

 

The review of the Liverpool Youth Council Charter recommends the following changes:

 

·    The removal of references to the “Community Development Assistant”. This role no longer exists;

·    8.4.1(h) – clause added to stipulate that all Youth Council members aged over 18 years must hold a valid volunteer’s Working with Children Check (WWCC); and

·    8.6.5 – include a new position in the “Office Bearer” clause, “Youth Liaison Representative”.

 

The recommended changes to the charters do not impact on the structure or delivery of the Committees, rather they improve operation and standardisation of the charters.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

Support policies and plans that prevent crime.

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

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

Promote community harmony and address discrimination.

Support access and services for people with a disability.


Civic Leadership

Facilitate the development of community leaders.

Encourage the community to engage in Council initiatives and actions.

Legislative

There are no legislative considerations relating to this report.

 

ATTACHMENTS

 

1.         Aboriginal Consultative Committee Charter April 2020

2.         Liverpool Access Committee Charter April 2020

3.         Liverpool Community Safety and Crime Prevention Advisory Committee Charter April 2020

4.         Liverpool Youth Council Charter April 2020  


165

COM 02

Community Development and Planning Committee Charters

Attachment 1

Aboriginal Consultative Committee Charter April 2020

 

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179

COM 02

Community Development and Planning Committee Charters

Attachment 2

Liverpool Access Committee Charter April 2020

 

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191

COM 02

Community Development and Planning Committee Charters

Attachment 3

Liverpool Community Safety and Crime Prevention Advisory Committee Charter April 2020

 

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206

COM 02

Community Development and Planning Committee Charters

Attachment 4

Liverpool Youth Council Charter April 2020

 

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213

Ordinary Meeting

29 April 2020

City Community and Culture Report

 

 

COM 03

Response to NOM 2 - Ferrington Park

 

Strategic Direction

Leading through Collaboration

Encourage community participation in decision-making

File Ref

042967.2020

Report By

Galavizh Ahmadi Nia - Manager Community Development and Planning

Approved By

Dr Eddie Jackson - Director City Community and Culture

 

Executive Summary

 

At its meeting on 25 September 2019, Council resolved to:

 

·    Work with all the stakeholders involved in the Ferrington Park project to document the lessons learned and develop a policy to encourage similar projects throughout the LGA; and

·    Bring a draft policy back to Council by March 2020.

 

The Ferrington Park Project was initiated in 2017 as a place-making concept to engage community members in the planning, design and management of an underutilised public space. As a pilot community capacity building and partnership initiative, the project provided an opportunity for Council to closely support the local residents and Liverpool Men’s Shed to redevelop a small pocket park at Ferrington Crescent, Liverpool for the benefit of residents. The lessons learnt from the project are documented in this report.

 

Council’s Recreation, Open Space and Sports (ROSS) Strategy which was adopted in 2018, provides strategic direction to Council for the planning and delivery of recreation facilities, parks, open space and sports infrastructure. The ROSS Strategy includes the framework for classification of parks and open space; and pocket parks are considered as part of this hierarchy.

 

While Council decided that a Policy be developed, the review of existing strategies and programs, such as the ROSS Strategy, has found that initiatives similar to Ferrington Park are adequately covered by Council’s adopted strategies and programs. This report recommends that instead of a standalone policy, revitalisation of open spaces, including the pocket parks are aligned with the strategic direction and action plan of the ROSS Strategy, Council’s delivery program; and in accordance with community needs, gaps and demand analysis. To address future challenges similar to the Ferrington Park Project, the report also recommends the development of an Assessment and Planning Framework when working with the community on open space revitalisation projects.

 

RECOMMENDATION

 

That Council:

 

1.    Notes the alignment of revitalisation of pocket parks with Council’s Recreation, Open Space and Sports Strategy; and

 

2.    Notes the development of an Assessment and Planning Framework when working with the community on open space revitalisation projects. 

 

 

REPORT

 

BACKGROUND AND LESSONS LEARNED

 

The Ferrington Park Project was initiated in 2017 as a place-making concept to engage community members in the planning, design and management of underutilised public spaces. The project was initiated through a $15,000 Matching Grant from Council’s Grants and Donations Program. The project provided an opportunity for Council to work closely with the local residents to redevelop a local park for the benefit of residents. The primary role of Council was to assist local residents to work with residents and the Liverpool Men’s Shed to revitalise the local park.

 

The Ferrington Park Project was a community-led revitalisation initiative which focused on the redevelopment of a Pocket Park in Ferrington Crescent, Liverpool. A group of residents, the Ferrington Collaborative, the Men’s Shed and Council worked together to redevelop the land into an inviting space for residents and their families to meet and play.

 

Challenges

As a pilot community capacity building partnership initiative, the project presented many challenges throughout its implementation. The challenges that needed to be rectified during project implementation phase included:

·    The initial project scope changed from renewal of a portion of the site to include all of the park;

·    The changed scope of works resulted in realignment of the capital works program to respond to project objectives;

·    Compliance with Council’s WHS and parks and open space requirements needed to be built into the project;

·    While the Ferrington Collaborative remained as project lead, to meet these requirements, Council assumed responsibility for delivery of a majority of the redevelopment works including kerbs, footpaths, concrete and play equipment which impacted on staff resources;

·    To maintain public safety it was determined that Council would maintain mowing of the grass; and

·    Due to changed project scope, the project delivery timeframe was prolonged by approximately 12 months.

 

The Ferrington Park Project was initiated prior to the development and endorsement of the ROSS Strategy. Elements of the project were not effectively researched and understood by all project partners, which had implications on the design, plans and delivery of the project. An example of this occurred where the Men’s Shed was responsible for designing and building a picnic table for the park. Built with recycled materials, this table did not meet compliance standards, and therefore it could not be installed in the park. As this element of the project had not been accurately scoped and considered, staff time and resources were redirected to ensure the new features met Council’s safety compliance standards.

 

The cost and scope of this project well exceeded the funding allocated through the Grants, Donations and Corporate Sponsorship Program. Numerous Council departments including Community Development and Planning, Infrastructure Delivery and City Works contributed significant staff and physical resources including the provision of:

·    Playground equipment;

·    Concrete – supply and installation of footpaths;

·    Mulch;

·    Garden edging;

·    Sandstone boulders;

·    Soil contamination report;

·    Plants and soil; and

·    Grant and project management support.

 

Costs for these additional works were redirected from other projects scheduled as part of Council’s ongoing capital works and maintenance programs. The ongoing maintenance of Ferrington Park such as the mowing of grass, pruning of trees, weeding of gardens and general maintenance has been included as part of Council’s parks maintenance.

 

Opportunities

While the project experienced a number of setbacks and resulted in additional costs, the long-term social capital and outcomes for the community have exceeded the challenges. Neighbourhood parks could serve as a focal point to build a safe and cohesive community, as demonstrated through the Ferrington Park Project. The project provided a platform for local residents to:

·    Meet on regular basis to develop and design the project ideas, build a sense of ownership and capacity;

·    Make decisions on how they intend to utilise the open space in their street;

·    Develop partnerships and build relationships with Council and members of the Liverpool Men’s Shed;

·    Engage the whole community, including children, in the design and development of the park;

·    Improve their understanding and capacity of Council’s policies and procedures, including renewal and management of open space; and

·    Develop skills in grant applications, reporting and acquittal.

 

Ultimately, in spite of the challenges faced throughout the project, the Ferrington Park Project has resulted in a welcoming and renewed open space in which the residents of Ferrington Crescent take a great deal of pride in what they have achieved. It will be necessary for Council to monitor and evaluate the residents’ interactions with the park and its broader community utilisation over the coming years to determine if the community engagement and ownership of the park remains at its current level. Further, the revitalisation of parks and open space, including pocket parks, needs to be aligned with Council’s strategic directions and action plan outlined in the ROSS Strategy and Council’s delivery program; inclusive of community needs, utilisation and demand analysis. This realignment could also include exploring external funding options to supplement the capital works program such as the My Community Grants Program.

 

RECREATION, OPEN SPACE AND SPORTS STRATEGY 2018-2028

 

The Recreation, Open Space and Sports (ROSS) Strategy endorsed in 2018, provides strategic directions to Council for the planning and delivery of recreation and sporting fields, parks, open space and sports infrastructure. The strategy guides Council to create best practice recreation, open space and sports facilities for the community and seeks to plan for the future needs of a diverse and growing population of Liverpool. The Strategy further provides a set of core principles and outlines the classification framework for development and management of open space.

 

The ROSS Strategy includes the framework for classification of parks and open space. The pocket parks are considered as part of this hierarchy.

 


 

DEFINITION AND HIERARCY OF POCKET PARKS

A pocket park is a small park accessible to the general public. Pocket parks serve small communities of less than 500 people and are generally sized between 100-500m2. Historically they were created in established areas on single vacant building blocks, such as the one in Ferrington Crescent, irregular parcels of land or to create linkages between streets.

Pocket parks are now more commonly created as a component of the public space requirement of large density projects, such as new housing or mixed-use developments. Pocket parks are typically found in high density areas and are intended in part to increase the ratio of open space to build infrastructure such as housing, commercial and retail spaces in an area.  

Along with other recreation and open space facilities, pocket parks are included in the ROSS Strategy hierarchy for classification of Liverpool’s open space as follows:

 Classification

Approximate size (sq.m)

Regional Park

10,000 -15,000

District Park

5,000 - 10,000

Neighbourhood Park

1,500 – 5,000

Local Park

500 – 1,500

Pocket Park

100 - 500

Natural reserve

3,000 or more

 

It is acknowledged that classification of parks and open space is not sufficient enough to guide their renewal, operation and maintenance. Aligned with the ROSS Strategy, it is recommended that an Assessment and Planning Framework be developed that allows partnership opportunities for open space revitalisation projects similar to the Ferrington Park Project.

 

This recommended two-stage framework would take into consideration criteria and key elements of such projects as follows:

 

Planning Phase

·    The zoning and classification of a nominated piece of land;

·    Site feasibility;

·    Community objectives and the communities’ capacity to participate; and

·    Project alignment with Council strategies, action plans, guidelines, financial implications, plans of management and master plans.


 

Implementation Phase

·    Develop a project plan for projects that meet the above criteria;

·    Define the roles and responsibilities of all stakeholders;

·    Identify resources (physical, staff and financial) required to implement the project;

·    Identify appropriate funding sources;

·    Outline the timeframe for delivery, particularly with consideration to time constraints of grant funding, where applicable; and

·    Develop a detail plan for the ongoing management and maintenance of the space.  

 

CONCLUSION

 

Since the development of the Ferrington Park Project in 2017, Council has adopted the ROSS Strategy (2018) which provides strategic direction for planning, design, construction and management of parks and open space. The lessons learnt from the Ferrington Park Project demonstrates the need to align revitalisation of parks and open space with existing strategies; and with the delivery and operational plans. While Council decided that a Policy be developed, the review of existing strategies and programs, such as the ROSS Strategy, has found that initiatives similar to Ferrington Park are adequately covered by Council’s adopted strategies and programs. Therefore, this report recommends that alignment and revitalisation of such projects are planned in accordance with existing strategies and programs and in response to community needs, gaps and demand, rather than a standalone policy. 

 

Incorporating future projects of a similar nature into the ROSS Strategy will ensure Council is implementing projects which align with its strategic direction, plans, programs, policies, guidelines, plans of management and master plans. This approach will also ensure that any community-led revitalisation projects are aligned with identified community needs and Council’s delivery framework and scope for parks and open space in Liverpool.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

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

Promote community harmony and address discrimination.


Civic Leadership

Foster neighbourhood pride and a sense of responsibility.

Facilitate the development of community leaders.

Encourage the community to engage in Council initiatives and actions.

Legislative

There are no legislative considerations relating to this report.

 

ATTACHMENTS

 

Nil  


216

Ordinary Meeting

29 April 2020

City Corporate Report

 

 

CORP 01

Car parking options within 100 metres of Liverpool train station

 

Strategic Direction

Generating Opportunity

Meet the challenges of Liverpool’s growing population

File Ref

095230.2020

Report By

John Milicic - Manager Property

Approved By

George Hampouris - Acting Director City Corporate

 

 

Executive Summary

 

Council at its meeting on 26 February 2020, as part of the Liverpool City Centre Car Parking Strategy report, resolved that Council officers identify locations within 100m of Liverpool train station, which Council owns or can acquire for a carpark, and for this to be reported to the April 2020 Council meeting.

 

It has been identified that Council owns no land within the specified 100 metre radius of Liverpool train station. The land holdings are primarily in the ownership of NSW Government as outlined in this report.

 

It is recommended that Council receive and note this report.

 

RECOMMENDATION

 

That Council receive and note this report.

 

 

REPORT

 

Council at its meeting on 26 February 2020, as part of the Liverpool City Centre Car Parking Strategy, resolved that Council officers identify locations within 100m of Liverpool train station, which Council owns or can acquire for a carpark, and for this to be reported to the April 2020 Council meeting.


 

The following is a map that identifies a 100 metre radius of the Liverpool train station.

 

 

In investigating the land holdings within the100m radius, it is identified that there are no sites owned by Council. A section of Light Horse Park, which is NSW Crown Land is managed by Council as the Crown Land Manager under the Crown Land Management Act 2016.

 

The section of Light Horse Park situated within the 100 metre radius is identified as being in the high flood risk category adjoining the Georges River and unlikely to be a viable option for the provision of car parking.

 

The predominant land holdings around the station perimeter are owned by Rail Corporation NSW which form part of the station precinct, including commuter car parking and bus interchange.

 

An opportunity may exist for Transport for NSW to consider parking options either underground or to provide decked parking in any future planning for the site, given the potential floor plate footprint available if all NSW Government land holdings in the Liverpool train station precinct were to be consolidated.

 

Although part of the radius includes private properties, it is considered that due to the nature of existing improvements and businesses, that the opportunity to acquire a reasonable sized footprint for construction of a car park within the100 metre radius is significantly limited.

 

It is recommended that Council receive and note this report.

 

CONSIDERATIONS

 

Economic

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

Provide efficient parking for the City Centre.

Environment

Support the delivery of a range of transport options.


Social

There are no social and cultural considerations.


Civic Leadership

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

Legislative

There are no legislative considerations relating to this report.

 

ATTACHMENTS

 

Nil


220

Ordinary Meeting 29 April 2020

City Corporate Report

 

CORP 02

Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society

 

Strategic Direction

Creating Connection

Celebrate diversity, promote inclusion and recognise heritage

File Ref

300783.2019

Report By

Michal Szczepanski - Senior Property Officer

Approved By

George Hampouris - Acting Director City Corporate

 

 

Executive Summary

 

In response to a notice of motion supporting the identification of a permanent and prominent home for the City of Liverpool and District Historical Society (CLDHS), the following motion was adopted by Council:

 

Prepare a report which includes possibilities for the precinct, on the cost of a new iconic community building with a Liverpool History theme to be erected parallel to the Hume Highway in the Destination Precinct for a new community hall and in view of providing a new permanent home for the City of Liverpool and District Historical Society

 

MBM Quantity Surveyors were engaged to prepare indicative cost plans, allowing for four different building size scenarios. The resulting cost estimates ranged between $4,198,997 +GST for a 200 square metre building, up to $9,604,263 +GST for a 1,000 square metre building.

 

Based on the potential capital costs identified in the MBM Cost Plan reports, and new opportunities which may arise as a result of the Liverpool Civic Place development, and the master planning of other Liverpool Council owned sites including the existing Liverpool Regional Museum site, it is recommended that a further review of potential locations for CLDHS be undertaken in the next 3 to 5 years.

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes this report;

 

2.    Maintains the CLDHS in their existing location on the basis of the preliminary cost analysis provided in this report; and

 

3.    Undertakes further reviews of potential locations for the CLDHS within a three to five year timeframe, as new opportunities arise as a result of the Liverpool Civic Place development, and the master planning of other Liverpool City Council owned sites, including the existing Liverpool Regional Museum site.

 

 

REPORT

 

DETAILS OF THE PROPOSED LOCATION:

 

The identified location of the proposed building encompasses the following Lots, both of which are classified as ‘Community Land’ and zoned RE1 Public Recreation.

 

1. Lot 184 DP 241158

2. Lot 100 DP 788434

 

Site Plan:

 

 

 

ESTIMATED CONSTRUCTION COSTS:

 

MBM Quantity Surveyors were engaged to prepare indicative cost plans to construct a new iconic community building with a Liverpool History theme, to be erected parallel to the Hume Highway for a new community hall and small office space.

 

The cost estimates are summarised in the table below, and the Cost Plans have been attached to this report for reference. It is noted that the existing Liverpool Regional Museum building is approximately 500 square metres in size, as comparison.

 

Building Size

CONSTRUCTION COST ESTIMATES (excluding GST)

200 square metres

$4,198,997

300 square metres

$4,874,046

500 square metres

$6,063,522

1,000 square metres

$9,604,263

 

The design scoping and development exercise would require engagement of a specialist architect who has experience in heritage sites and museum buildings.

 

A heritage architect to provide advice and an Aboriginal heritage consultant would also be required to undertake an assessment of the impacts. The cost of engagement of all three could range between an estimated $100,000 and $200,000 over and above the construction estimates noted in the table above.

 

Operational Costs:

 

The ongoing annual building operational outgoings rate has been assumed to be $100 per square metre, which is considered an average rate for an office building in Sydney. This cost typically includes all statutory and operational costs required to operate a building.

 

Building Operational Costs (excluding GST)

Building Size

Annual Cost

200 square metres

$20,000

300 square metres

$30,000

500 square metres

$50,000

1,000 square metres

$100,000

 

 

Other considerations:

 

The proposed location forms part of the State Heritage Listing for Collingwood House and Parklands. Proposed development may trigger a requirement for archaeology studies, and the design would need to consider maintaining views to Collingwood House.

 

The current master planning of a number of Council owned sites may provide future opportunities to co-locate the CLDHS into a multi-purpose facility, which would likely result in significant cost savings associated with construction and ongoing operational costs against the costs identified in this report if a single purpose built facility was to be considered.

 

In view of current projects such a as the Liverpool Civic Place development and master planning of other Liverpool City Council owned sites, including the existing Liverpool Regional Museum site, it is recommended that Council undertakes further reviews of potential locations for the CLDHS within a three to five year timeframe, as new opportunities arise.

 

On this basis it is recommended that Council note this report and that a further review of potential locations for the CLDHS occur within a three to five year timeframe.

 

CONSIDERATIONS

 

Economic

Facilitate the development of new tourism based on local attractions.

Environment

There are no environmental and sustainability considerations.


Social

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


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

There are no legislative considerations relating to this report.

 

ATTACHMENTS

 

1.         Cost Plan - 200 Square Metre Option

2.         Cost Plan - 300 Square Metre Option

3.         Cost Plan - 500 Square Metre Option

4.         Cost Plan - 1,000 Square Metre Option


226

CORP 02

Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society

Attachment 1

Cost Plan - 200 Square Metre Option

 

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232

CORP 02

Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society

Attachment 2

Cost Plan - 300 Square Metre Option

 

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238

CORP 02

Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society

Attachment 3

Cost Plan - 500 Square Metre Option

 

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244

CORP 02

Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society

Attachment 4

Cost Plan - 1,000 Square Metre Option

 

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251

Ordinary Meeting 29 April 2020

City Corporate Report

 

CORP 03

Investment Report February 2020

 

Strategic Direction

Leading through Collaboration

Seek efficient and innovative methods to manage our resources

File Ref

055849.2020

Report By

John Singh - Accountant - Investments & Treasury Management

Approved By

Vishwa Nadan - Chief Financial Officer

 

 

executive summary

 

This report details Council’s investment portfolio.

 

As at 29 February 2020, Council held investments with a market value of $298 million.

 

The portfolio yield to the end of February 2020 is 117 basis points above the AusBond Bank Bill index.

 

 

AusBond Bank Bill Index (BBI)

Benchmark

1.30%

Portfolio yield

2.47%

Performance above benchmarks

1.17%

 

Return on investment for February 2020 was $828k lower than the budget.

 

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

 

Council’s portfolio also fully complies with limits set out in its Investment Policy.

 

NSW TCorp Credit Committee requires that Council commits to its balanced investment framework as a condition to any loan. This means that Council will have to progressively decrease its investment in lower-rated ADI’s.

 

 

RECOMMENDATION

 

That Council receives and notes this report.

 

 

 

REPORT

 

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

 

Council’s Portfolio

 

At 29 February 2020, Council held investments with a market value of $298 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:

 

 

The ratio of market value compared to face value of various debt securities is shown in the table below.

Asset Class

Feb-20

Jun-19

Senior Debts (FRN's ,TCD's & FRB)*

100.63%

100.76%

MBS (Reverse Mortgage Backed Securities)

59.15%

59.48%

T-Corp Unit Trusts

104.52%

103.65%

 

*Definition of terms

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

·     Fixed Rate Bond (FRB) – returns Fixed Coupon (interest) Rate and is tradeable before maturity.

 

 

Council is fully compliant with the requirements of the Ministerial Investment Order including the grandfathering provisions. The grandfathering provisions state that Council may continue to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

 

NSW TCorp Credit Committee requires that Council commits to its balanced investment framework as a condition to any loan. This means that Council will have to progressively decrease its investment in lower-rated ADI’s. Council staff will monitor and work with investment advisors to meet this requirement.

 

Portfolio Maturity Profile

 

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

 


 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overall Portfolio Credit Framework compliance to Investment Policy

 

 

Portfolio performance against relevant market benchmark.

 

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

 

The portfolio yield to 29 February 2020 exceeded the AusBond Bank Bill index by 117 basis points (2.47% against 1.30 %).

 

Council portfolio continues to performance at above benchmark rates despite ongoing margin contraction and significantly lower market term deposit yields. Comparative yields for the previous months are charted below:

 

 

 


 

 

Performance of Portfolio Returns against Budget

 

Council’s investment income for February 2020 is lower than the budget by $828k.

 

 

Investment Portfolio at a Glance

 

 

Portfolio Performance

 

 

MCWB01114_0000[1]

The portfolio yield to 29 February 2020 exceeded the AusBond Bank Bill index by 117 basis points (2.47% against 1.30%).

Annual Income vs. Budget

MCWB01114_0000[1]

Council’s investment interest income is lower than the budget by $828k as at 29 February 2020 and will be closely monitored.

 

Investment Policy Compliance

 

Legislative Requirements

 

MCWB01114_0000[1]

Fully Compliant

Portfolio Credit Rating Limit

MCWB01114_0000[1]

Fully Compliant

Institutional Exposure Limits

MCWB01114_0000[1]