COUNCIL AGENDA

 

Ordinary Council Meeting

26 August 2020

 

 

170 GEORGE STREET LIVERPOOL


 

 

 

 

 

 

 

 

 

 

 

 

You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held on Wednesday, 26 August 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.

A close up of a logo

Description automatically generated

Dr Eddie Jackson

ACTING CHIEF EXECUTIVE OFFICER

 

 

 


 

 

 


Order of Business

 

                                                                                                              PAGE     TAB

Opening

Acknowledgment of Country and Prayer

Apologies

Condolences

MAYOR 01     Condolence - Victims of the Beirut Explosion.................................................. 5......... 1

Confirmation of Minutes

Ordinary Council Meeting held on 29 July 2020...................................................................... 6

Declarations of Interest

Public Forum

Mayoral Report

MAYOR 02     Local Government Representation on the National Cabinet......................... 55......... 2

Chief Executive Officer Report

CEO 01           Local Government NSW Conference 2020.................................................... 57......... 3

CEO 02           Biannual Progress Report.............................................................................. 74......... 4

CEO 03           Nomination for Open Space Legacy Program (to be provided in Addendum Booklet)

City Economy and Growth Report

EGROW 01    Draft Warwick Farm Racing Precinct Structure Plan, Planning Proposal and Local Contributions Plan.......................................................................................... 76......... 5

EGROW 02    Report back - Consideration of implementing a Development Assessment Compliance Policy.......................................................................................... 98......... 6

EGROW 03    Post Exhibition Report - Liverpool Local Environmental Plan 2008 Amendment 71 - Rezoning of certain lands in Prestons for Environmental Conservation..... 102......... 7

EGROW 04    Status update on planning proposal requests in Moorebank....................... 111......... 8

EGROW 05    Street Naming Request - Austral.................................................................. 136......... 9

EGROW 06    LEP Review: Public Exhibition outcomes - Phase 1 Planning Proposal and draft planning strategies (to be provided in Addendum Booklet)

City Community and Culture Report

COM 01          Report back to Council - Alcohol-Free Zones Public Exhibition.................. 140....... 10

COM 02          Report Back to Council - Mimosa Park, 22 Box Rd, Casula........................ 144....... 11

COM 03          COVID-19 Impact on Sporting Field Hire Revenue..................................... 154....... 12

COM 04          Collingwood Visitation Precinct Masterplan................................................. 161....... 13

City Corporate Report

CORP 01        Investment Report July  2020....................................................................... 173....... 14

City Presentation Report

NIL

 

City Infrastructure and Environment Report

NIL

Committee Reports

CTTE 01         Minutes of the Environment Advisory Committee held on 22 June 2020.... 182....... 15

CTTE 02         Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 22 July 2020....................................................................... 191....... 16

Questions with Notice

QWN 01          Question with Notice - Clr Hagarty - Appeal Powers Against Land and Environment Court Decisions............................................................................................. 216....... 17

QWN 02          Question with Notice - Clr Kaliyanda - Processing of Organic Waste in the Liverpool LGA............................................................................................... 218....... 18

QWN 03          Question with Notice - Clr Hagarty - Western Sydney Parklands Trust...... 221....... 19

QWN 04          Question with Notice - Clr Rhodes - Georges River Bank Stabilisation...... 223....... 20

QWN 05          Question with Notice - Clr Kaliyanda - Wattle Grove Lake.......................... 225....... 21

Presentations by Councillors

Notices of Motion

NOM 01          Parking on Verges and Nature Strips........................................................... 226....... 22

NOM 02          Register of Legal Proceedings..................................................................... 229....... 23

NOM 03          Use of Data to Improve Energy Efficiency and Reduce Pollution................ 230....... 24

Council in Closed Session

The following items are listed for consideration by Council in Closed Session with the public excluded, in accordance with the provisions of the Local Government Act 1993 as listed below:

 

CONF 01    Endorsement of the Liverpool Access Committee membership 2020 - 2022

Reason:     Item CONF 01 is confidential pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).

 

CONF 02    ST2954 - Waste, recyclables and Garden Organics Collection Services (2020/2321)

Reason:     Item CONF 02 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

CONF 03    Funding for RAID Moorebank Class 1 Merits Appeal

Reason:     Item CONF 03 is confidential pursuant to the provisions of s10(A)(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.  

Close


 

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Ordinary Meeting

26 August 2020

Mayoral Report

 

MAYOR 01

Condolence - Victims of the Beirut Explosion

 

Strategic Direction

Creating Connection

Celebrate diversity, promote inclusion and recognise heritage

File Ref

218625.2020

 

 

CONDOLENCE (to be read by Mayor Waller)

 

On 4 August 2020, a massive explosion tore through the port area in Beirut, in Lebanon, killing at least 163 people, including one Australian, and injuring more than 5000. The death toll is expected to rise as emergency workers continue to search through devastated areas of the city. About 300,000 people have been left homeless. 

 

The force of the explosion destroyed the port and resulted in the near total destruction of downtown Beirut within at least a 5km radius. The explosion was felt in parts of Europe and heard in Cyprus, an estimated 240km away. 

 

Liverpool is home to a large number of people of Lebanese ancestry, and Council values the contribution Lebanese Australians have made to the rich fabric of Liverpool. Many people in the Liverpool Local Government Area remain deeply distressed about the explosion and its impact on Beirut. Others continue to have concerns for the safety and welfare of their family members and friends who remain in Lebanon.  

 

On behalf of Liverpool City Council, I express my deepest condolences to the families and friends of the victims, and my thoughts and prayers are with the people who were injured in the explosion. To the people of Lebanon and all Lebanese Australians, I offer my solidarity and support on behalf of all Councillors during this devastating time. 

 

RECOMMENDATION

 

That Council write to the Lebanese Consulate expressing our condolences and solidarity.

 

 

 

ATTACHMENTS

 

Nil.


 

MINUTES OF THE Ordinary Meeting

HELD ON 29 July 2020

 

 

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot (arrived at the meeting at 6.18pm)

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib (arrived at the meeting at 6.18pm)

Councillor Rhodes

Councillor Shelton

Dr Eddie Jackson, Acting Chief Executive Officer

Mr Tim Moore, Director City Economy and Growth / Deputy Chief Executive Officer

Mr George Hampouris, Acting Director City Corporate

Ms Tina Sangiuliano, Acting 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

Mr David Smith, Manager Planning & Transport Strategy

Mr James Ng, Acting General Counsel Manager Governance Legal and Procurement

Mr Vishwa Nadan, Chief Financial Officer

Mr John Milicic, Manager Property

Mr George Georgakis, Manager Council and Executive Services

 

 

The meeting commenced at 6.00pm.

 

 

STATEMENT REGARDING WEBCASTING OF MEETING

The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice (other than the Public Forum Section), the meeting is being livestreamed.

 

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

 

The prayer of the Council was read by Dr Eddie Jackson, Acting Chief Executive Officer.

 

 

APOLOGIES

 

Nil

 

CONDOLENCES

 

Nil

 

Confirmation of Minutes

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That the minutes of the Ordinary Meeting held on 24 June 2020 be confirmed as a true record of that meeting.

 

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

 

Declarations of Interest

 

Mayor Waller declared a non-pecuniary, less than significant interest in the following item: 

Item EGROW 06:         Business Resilience Grants

Reason:                       Mayor Waller knows and has associations with many local business owners.

Mayor Waller remained in the virtual room for the duration of the item.

 

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

Item EGROW 06:         Business Resilience Grants

Reason:                       Clr Shelton knows and has associations with many local business owners.

Clr Shelton remained in the virtual room for the duration of the item.

 

Clr Hadchiti declared a pecuniary interest in the following item: 

Item INF 01:                 Wianamatta South Creek Flood Study Update

Reason:                       Clr Hadchiti has investment in property referred to in the report.

Clr Hadchiti left the virtual room for the duration of the item.

 

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

Item EGROW 06:         Business Resilience Grants

Reason:                       Clr Hadchiti knows and has associations with many local business owners.

Clr Hadchiti remained in the virtual room for the duration of the item.

 

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

Item CONF 07:             Liverpool Civic Place Independent Review

Reason:                       Clr Ayyad has a close relative who is in a senior role at Clayton Utz.

Clr Ayyad remained in the virtual room for the duration of the item.

 

 

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

Item EGROW 06:         Business Resilience Grants

Reason:                       Clr Ayyad knows and has associations with many local business owners.

Clr Ayyad remained in the virtual room for the duration of the item.

 

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

Item EGROW 06:         Business Resilience Grants

Reason:                       Clr Rhodes knows and has associations with many local business owners.

Clr Rhodes remained in the virtual room for the duration of the item.

 

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

Item EGROW 06:         Business Resilience Grants

Reason:                       Clr Hagarty knows and has associations with many local business owners.

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

 

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

Item EGROW 06:         Business Resilience Grants

Reason:                       Clr Kaliyanda knows and has associations with many local business owners.

Clr Kaliyanda remained in the virtual room for the duration of the item.

 

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

Item EGROW 06:         Business Resilience Grants

Reason:                       Clr Hadid knows and has associations with many local business owners.

Clr Hadid remained in the virtual room for the duration of the item.

 

 

Public Forum

 

Presentation – items not on agenda

 

1.       Mrs Vicki Andrews made a written submission to Council on the following matter:

 

Promotion of Liverpool Regional Museum

 

Representation – items on agenda

 

Nil

 


 

Chief Executive Officer Report

 

ITEM NO:       CEO 01

FILE NO:        176066.2020

SUBJECT:     Annual Report to Council by the Internal Ombudsman

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton               Seconded: Clr Hadid

 

That Council:

 

1.    Receive and note the annual report presented by the Internal Ombudsman.

 

2.    Thank the Internal Ombudsman, Mr David Maguire for his hard work during his time at Council.

 

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

 


Clr Balloot and Clr Karnib  joined the meeting at 6.18pm.

 

ITEM NO:       CEO 02

FILE NO:        179105.2020

SUBJECT:     Review of Media Policy

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

 

That Council adopt the Media Policy for a two-year period.

 

On being put to the meeting the motion was declared CARRIED and the Foreshadowed motion (which Clr Rhodes was proposing to move) lapsed.

 

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

 

Vote against:   Clr Harle and Clr Rhodes.

 

 

 

 

 


 

City Economy and Growth Report

 

ITEM NO:       EGROW 01

FILE NO:        138950.2020

SUBJECT:     Rebuilding Liverpool's Economy update

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ayyad                Seconded: Clr Hadchiti

 

That:

 

1.      Council receive and note the report; and

 

2.      The Mayor write to staff to congratulate them on behalf of the Council.

 

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

 

 

 


 

ITEM NO:       EGROW 02

FILE NO:        149642.2020

SUBJECT:     Report back - Reference Group Charter Companion Animal Advisory Committee

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council endorse the Companion Animals Advisory Committee Terms of Reference, subject to review by legal, with the following changes:

·           That the Mayor or delegate be the Chairperson of this committee;

·           The Purpose and Objective section be amended to state that the Companion Animal Advisory Committee is a Council community advisory committee and reports to Council;

·           Section 4.1 Community Participation be amended so that the Committee will consist of five community members, and the Mayor or delegate, and one Councillor, with either the Mayor, delegate or Councillor to attend the meeting;

·           The first point of Section 4.2 Council Staff be removed so that Council staff cannot chair the meeting;

·           The last point of Section 4.2 Council Staff be replaced with “advisory committee reporting to Council”;

·           Section 4.5 Chairperson be amended by removing the word “staff” in the second paragraph;

·           Section 4.5 Chairperson be amended by deleting the third point which reads “Councillors will not be eligible to be Chairperson unless specifically appointed by Council”; and

·           Section 5 Timetable for Meeting, remove the words “At Council’s Administration building”.

 

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

 


 

ITEM NO:       EGROW 03

FILE NO:        167832.2020

SUBJECT:     Planning proposal request to rezone land from RE2 (Private Recreation) to R3 (Medium Density Residential) at 146 Newbridge Road, Moorebank

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ayyad                Seconded: Clr Balloot

 

That Council:

 

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

 

2.   Endorses in principle the planning proposal request;

 

3.   Delegates to the CEO to prepare the formal planning proposal including any typographical or other editing amendments if required;

 

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

 

5.   Subject to Gateway determination, undertake public exhibition and community consultation on the planning proposal in accordance with the conditions of the Gateway determination and Council’s Community Participation Plan;

 

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

 

  1. Receive a further report with a status update on all the outstanding planning proposals from Moorebank at the August 2020 Council meeting; and

 

  1. Publicly exhibit all of the outstanding planning proposals in Moorebank now.

 

Foreshadowed motion:       Moved: Clr Hagarty              Seconded: Clr Kaliyanda

 

That Council:

 

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

 

  1. Endorses in principle the planning proposal request;

 

  1. Delegates to the CEO to prepare the formal planning proposal including any typographical or other editing amendments if required;

 

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

 

  1. Subject to Gateway determination, undertake public exhibition and community consultation on the planning proposal in accordance with the conditions of the Gateway determination and Council’s Community Participation Plan;

 

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

 

  1. Receive a further report with a status update on all the outstanding planning proposals from Moorebank at the August 2020 Council meeting.

 

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

 

Vote for (the motion moved by Clr Ayyad): Clr Ayyad, Clr Balloot, Clr Hadchiti, Clr Hadid, Clr Harle, Clr Rhodes

 

Vote against (the motion moved by Clr Ayyad): Mayor Waller, Clr Hagarty, Clr Kaliyanda, Clr Karnib, Clr Shelton

 

 

 


 

ITEM NO:       EGROW 04

FILE NO:        171601.2020

SUBJECT:     Planning proposal to amend the dwelling density map in the Liverpool Local Environmental Plan 2008 for certain lands in Pleasure Point

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ayyad                Seconded: Clr Harle

 

That Council:

 

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

 

2.      Endorses the planning proposal to increase the permitted number of lots on certain sites along Pleasure Point Road, Pleasure Point from four lots to five lots;

 

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

 

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

 

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

 

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

 

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

 

Councillors voted unanimously for this motion.

 

 

 

 

 

 


ITEM NO:       EGROW 05

FILE NO:        172721.2020

SUBJECT:     Clean Air for Liverpool

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Rhodes

 

That Council:

 

  1. Acknowledges Council for the report; and

 

  1. Further acknowledges Council’s commitment to improve Air Quality in Liverpool and will provide a further report back to Council in December 2020 that includes:

a)  close arrangements with the EPA necessary to address Industries that do not comply with DA conditions;

b)  increasing tree canopies;

c)  addressing hotspot mitigation;

d)  possible further conditions placed on identified Development Applications to mitigate possible non compliance and pollution; and

e)  a long term plan to measure and monitor air pollution in various specific areas in the Liverpool LGA with portable devices that were used similarly to measure Air Quality in the Liverpool CBD.

 

  1. Trees, ideally Plane Trees to be planted on Kurrajong Road.

 

  1. Every roundabout in Liverpool where possible, with the construction of the roundabout and safety considerations in mind, be green and colourful.

 

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

 

 


 

ITEM NO:       EGROW 06

FILE NO:        180589.2020

SUBJECT:     Business Resilience Grants

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ayyad                 Seconded: Clr Hadchiti

 

That:

 

  1. Council defer the report to the September 2020 Council meeting;

 

  1. If the situation regarding COVID-19 deteriorates, that the matter be brought back to an earlier meeting or an extraordinary meeting;

 

  1. Council write to the state government to thank them and show appreciation for the support provided to Local Government and small business in New South Wales; and

 

  1. The Mayor write to Council Staff and thank them and acknowledge Council received accolades on the backbone of the work undertaken.

 

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

 

 

 

 

 


Mayor Waller called a recess of Council at 7.32pm.

 

Mayor Waller reopened the meeting at 7.47pm.

 

City Community and Culture Report

 

ITEM NO:       COM 01

FILE NO:        157523.2020

SUBJECT:     Grants, Donations and Corporate Sponsorship

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council:

 

1.      Endorses the recommendation of $10,000 (GST exclusive) under the Corporate Sponsorship Program for the following project:

 

Applicant

Project

Recommended

Open Support

Outreach Crisis Service

$10,000

 

That Council endorses the recommendation of $5,000 (GST exclusive) under the Community Grants Program for the following project:

 

Applicant

Project

Recommended

Junction Works

Youth Clicks

$5,000

 

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

 

Applicant

Project

Recommended

The Salvation Army

Food 4 Life

$15,000

 

 

 

  1. An annual report regarding the acquittal of grants be provided to Council.

 

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

 


 

ITEM NO:       COM 02

FILE NO:        172422.2020

SUBJECT:     Carnes Hill Recreation Precinct Stage 2 Masterplan

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.    Receives and notes the report;

 

2.    Adopts the Draft Masterplan for public exhibition for community information and feedback for a period of 28 days;

 

3.    Delegates to the A/CEO the finalisation of the draft Masterplan if no submissions are received; or receive a further report outlining details of the submissions received at the conclusion of the exhibition period;

 

4.    Subject to Council adoption of the Masterplan, commission a detail design process to include a feasibility study and a funding strategy for the delivery of the project through a staging process; and

 

5.      Council prepare a lobbying brochure for this project.

 

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

 

 

 

 


 

City Corporate Report

 

ITEM NO:       CORP 01

FILE NO:        171205.2020

SUBJECT:     Investment Report June  2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Rhodes

 

That Council:

 

1.      Receives and notes this report.

 

2.      Remove the requirement for the Independent verification by Head of Audit, Risk and Improvement (HARI) on Council’s investment portfolio.

 

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

 

 

 


 

ITEM NO:       CORP 02

FILE NO:        177058.2020

SUBJECT:     Local Government Remuneration Tribunal Annual Report and Determination under sections 239 and 241 of the Local Government Act 1993

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hagarty

 

That Council:

 

1.    Receive and note the 2020 Annual Report and Determination – LGRT; and

 

2.    Note there has been no changes to the Civic Expenses and Facilities Policy.

 

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

 

 

 


Clr Hadchiti left the virtual room at 8.01pm.

 

City Infrastructure and Environment Report

 

ITEM NO:       INF 01

FILE NO:        158038.2020

SUBJECT:     Wianamatta South Creek Flood Study Update

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes                       Seconded: Clr Harle

 

That Council:

 

1.    Endorses the public exhibition of the draft Wianamatta South Creek Flood Study and associated flood maps for 28 days; and

 

2.    Receives a further report following conclusion of the exhibition period to adopt the Flood Study and associated flood maps for the Wianamatta South Creek catchment

 

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

 

 

 

 

 

 


Clr Hadchiti returned to the meeting at 8.04pm.

 

ITEM NO:       INF 02

FILE NO:        166610.2020

SUBJECT:     Conservation of Koala Habitat Corridors

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Kaliyanda

 

That Council:

 

1.      Thanks Council for the report and Acknowledges Council’s advice on:

a)         the limitations of Virtual fences in urban areas;

b)         Councils proposed report and Business Case for a Koala Hospital and Sanctuary in the Liverpool LGA;

c)         Councils support for a Georges River National Park and opportunity to plant Koala Feeder trees;

d)         The recent delivery of Koala Crossing Sign at a recognised Liverpool kill hotspot;

e)         The inclusion of wildlife crossings incorporated into the upgrade of Heathcoate Road;

f)          The ongoing discussions with Department of Defence on Koala preservation on Army Land in the Liverpool LGA; and

g)         The ongoing co-operation with Sutherland and Campbelltown Councils in the interest of Koala preservation.

 

2.      Also note the findings and report of the NSW Parliamentary Inquiry into Koala Populations and Habitats in NSW and

a)         The creation of a Georges River National Park; and

b)         The need for a wildlife hospital in Southwest Sydney.

 

3.      Write to the NSW Premier, Gladys Berejiklian, and NSW Minister for the Environment, Matt Kean, to express support for the creation of a Georges River National Park, and establishment of a well-resourced wildlife hospital in South West Sydney.

 

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


 

Committee Reports

 

ITEM NO:       CTTE 01

FILE NO:        154530.2020

SUBJECT:     Liverpool Sports Committee Minutes of meeting held 28 May 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That Council receives and notes the Minutes of the Liverpool Sports Committee Meeting held on 28 May 2020.

 

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

 


 

ITEM NO:       CTTE 02

FILE NO:        161219.2020

SUBJECT:     Minutes of the Liverpool Youth Council Meeting held Wednesday 3 June 2020.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on Wednesday 3 June 2020.

 

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

 

 

 


 

ITEM NO:       CTTE 03

FILE NO:        161266.2020

SUBJECT:     Minutes of the Community Safety and Crime Prevention Advisory Committee meeting held on 4 June 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That Council receives and notes the Minutes of the Community Safety and Crime Prevention Advisory Committee meeting held on 4 June 2020.

 

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

 

 

 


 

ITEM NO:       CTTE 04

FILE NO:        161447.2020

SUBJECT:     Notes of the Liverpool Access Committee meeting held on 11 June 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That Council receives and notes the Notes of the Liverpool Access Committee meeting held on 11 June 2020.

 

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

 

 


 

ITEM NO:       CTTE 05

FILE NO:        168333.2020

SUBJECT:     Minutes of the Aboriginal Consultative Committee meeting held on 7 May 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That Council receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 7 May 2020.

 

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

 

 

 

 

 


 

ITEM NO:       CTTE 06

FILE NO:        172763.2020

SUBJECT:     Minutes of Strategic Panel Meeting held on 9 June 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That Council receives and notes the Minutes of the Strategic Panel Meeting held on 9 June 2020.

 

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

 

 

 

 


 

ITEM NO:       CTTE 07

FILE NO:        176856.2020

SUBJECT:     Minutes of the Tourism and CBD Committee meeting held on 23 June 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That Council:

 

1.      Receives and notes the Minutes of the Tourism and CBD Meeting held on 23 June 2020; and

 

2.      Endorse the recommendations in the Minutes.

 

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

 

 

 

 


 

Questions with Notice

 

ITEM NO:       QWN 01

FILE NO:        190020.2020

SUBJECT:     Question with Notice - Clr Hagarty - Appeal Powers Against Land and Environment Court Decisions

 

Please address the following:

 

1.      What appeal powers do Council (or the public) have when an applicant’s appeal of previously refused DA is upheld by the Land and Environment Court?

 

A response to this question will be provided in the 26 August 2020 Council meeting business papers.

 


 

ITEM NO:       QWN 02

FILE NO:        190083.2020

SUBJECT:     Question with Notice - Clr Kaliyanda - Processing of Organic Waste in the Liverpool LGA

 

Please address the following:

 

1.      How much of waste collected in the Liverpool LGA is organic waste? How much of this is organic food waste?

 

2.      How much organic waste in the Liverpool LGA actually ends up in landfill?

 

3.      Do we currently have any policies or strategies in place to divert organic food waste from landfill?

 

4.      Are there collective procurement contracts or similar arrangements for organic waste in NSW?

 

A response to these questions will be provided in the 26 August 2020 Council meeting business papers.

 

 


 

Presentations by Councillors

 

Mayor Waller made a presentation regarding Council’s Internal Ombudsman, Mr David Maguire. The Mayor’s statement is below:

 

“Council’s first appointed Internal Ombudsman Mr David Maguire is retiring tomorrow after nine years of working tirelessly at this organisation.

 

David started working at Council in January 2011 as a Governance Officer, a position he held for four years. Since then, David has worked as Council’s Coordinator Governance, Acting Deputy General Counsel, Acting General Counsel and Acting Head of Audit and Risk, before moving to his current role three years ago.

 

As the Internal Ombudsman, David skilfully balanced protecting Council’s reputation with looking after the customer and their needs. David’s rational approach to difficult matters has been invaluable.

 

A trusted advisor with high moral standards, David’s enthusiasm has had a ripple effect on the culture of the organisation. David always found a way to achieve a reason-based solution to a difficult problem.

 

On behalf of Council, thank you David for your passion and the contribution you have made to this organisation. We wish you all the best for a long and happy retirement.”

 

 

 

 


 

Notices of Motion

 

ITEM NO:       NOM 01

FILE NO:        190120.2020

SUBJECT:     Georges River Koala Park

 

BACKGROUND

 

On 30 June 2020, a year-long NSW Parliamentary Inquiry released their report.

 

They found that koalas are on track to become extinct in the wild in NSW well before 2050 without urgent intervention to stop the destruction of their habitat.

 

This is shocking and appalling.

 

The 2019-20 bushfires destroyed almost a quarter of the koala habitat on public land, with some areas reporting "a devastating loss of up to 81 per cent". Furthermore, the Inquiry found that climate change is already "having a severe impact on koala populations", in part by affecting the nutritional quality of the eucalyptus leaves they feed on.

 

One of the recommendations of the Inquiry’s report was creating a Georges River National Park to protect the south-west Sydney koala population. This is known to be the last disease-free koala population in NSW, and as such, should be protected from over-development in south-west Sydney.

 

Another recommendation was the establishment of a well-resourced network of wildlife hospitals in key areas of the state, including south-west Sydney, staffed by suitably qualified personnel and veterinarians, including funding where appropriate.

 

NOTICE OF MOTION (moved by Clr Kaliyanda)

 

That Council:

 

1.    Note the findings and report of the NSW Parliamentary Inquiry into Koala Populations and Habitats in NSW; and

 

2.    Write to the NSW Premier, Gladys Berejiklian, and NSW Minister for the Environment, Matt Kean, to express support for the creation of a Georges River National Park, and establishment of a well-resourced wildlife hospital in south-west Sydney.

 

COUNCIL DECISION

 

This item was withdrawn as the matter was dealt with earlier in the meeting in item INF 02 Conservation of Koala Habitat Corridors on page 18 of these minutes.


ITEM NO:       NOM 02

FILE NO:        190105.2020

SUBJECT:     Women's Football World Cup in the Liverpool LGA

 

BACKGROUND

 

Recently, Australia and New Zealand were announced as the joint hosts of the 2023 FIFA Women’s World Cup.

 

Football is the most popular sport in the world, with over half of the world’s population (4 billion people) considering themselves fans. Liverpool residents are no different, with both casual and formal participation in the sport on the rise.

 

A combined 1.12 billion people viewers tuned into the coverage of the 2019 FIFA Women’s World Cup across all platforms, a record audience for the competition. This is expected to rise for the 2023 tournament, and Australia and New Zealand will have the eyes of almost half the world’s population on us.

 

Liverpool is uniquely positioned to capitalise on the 2023 Women’s World Cup, as:

·         Cirillo Reserve at Middleton Grange could serve as a regional headquarters for women’s football

·         There are an increasing number of quality hotels and accommodation coming online

 

Liverpool could be home base for a number a teams, could host training games and promote itself as a destination on an international stage.

 

NOTICE OF MOTION (moved by Clr Kaliyanda)

 

That Council:

 

1.    Lobby the FFA, FIFA, State and Federal Governments to host teams, training games and other promotional opportunities for the 2023 FIFA Women’s World Cup; and

 

2.    Investigate the feasibility of including World Cup opportunities in the Destination Management Plan.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Rhodes

 

That Council:

 

1.    Lobby the FFA, FIFA, State and Federal Governments to host teams, training games and other promotional opportunities for the 2023 FIFA Women’s World Cup; and

 

2.    Investigate the feasibility of including World Cup opportunities in the Destination Management Plan.

 

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

 

 

 

 

 

 


 

ITEM NO:       NOM 03

FILE NO:        190048.2020

SUBJECT:     Better Funding of Health Services in Liverpool

 

BACKGROUND

 

The New South Wales Parliament is currently holding an inquiry into "Current and future provision of health services in the South-West Sydney Growth Region". The revelations at this inquiry have been shocking. Comparisons of the South West Area Health District with other Health Districts in Sydney have found:

 

While additional investment in health infrastructure is welcome, this must be matched with funding for additional front-line services including more health professionals.

 

While it is still early days, the long-term effects for those who recover from COVID-19 include:

 

The recent COVID-19 cluster in South West Sydney coupled with the revelations coming out this inquiry, have drawn urgent attention to the need for better funded health services in Liverpool.

 

NOTICE OF MOTION (moved by Clr Hagarty)

 

That Council:

 

1.    Acknowledges and commends the work of all health professionals in Liverpool during the COVID-19 pandemic;

 

2.    Acknowledges and welcomes the $740m investment from the NSW Government into the Liverpool Health and Academic Precinct; and

 

3.    Recommits its support for the Liverpool Health and Academic Precinct;

 

4.    Notes its concern with the revelations coming out of the inquiry into "Current and future provision of health services in the South-West Sydney Growth Region";

 

5.    Notes the recent COVID-19 cluster in South West Sydney;

 

6.    Notes recovery from COVID-19 is associated with serious long-term health effects;

 

7.    Calls on the NSW State Government to increase funding for front line health services in line with other Sydney Area Health Districts;

 

8.    Calls on the Federal Government to increase funding for primary health services in South West Sydney; and

 

9.    Coordinates with WSROC and other LGAs in South West Sydney to collectively advocate for better health services funding in the South West Sydney Local Health District.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadchiti

 

That Council:

 

1.    Acknowledges and commends the work of all health professionals in Liverpool during the COVID-19 pandemic;

 

2.    Acknowledges and welcomes the $740m investment from the NSW Government into the Liverpool Health and Academic Precinct; and

 

3.    Recommits its support for the Liverpool Health and Academic Precinct;

 

4.    Notes its concern with the revelations coming out of the inquiry into "Current and future provision of health services in the South-West Sydney Growth Region";

 

5.    Notes the recent COVID-19 cluster in South West Sydney;

 

6.    Notes recovery from COVID-19 is associated with serious long-term health effects;

 

7.    Calls on the NSW State Government to increase funding for front line health services in line with other Sydney Area Health Districts;

 

8.    Calls on the Federal Government to increase funding for primary health services and aged care in South West Sydney facilities;

 

  1. Coordinates with WSROC and other LGAs in South West Sydney to collectively advocate for better health services funding in the South West Sydney Local Health District; and

 

  1. Seek reassurance for the ongoing commitment for the development of a medical precinct in Badgerys Creek.

 

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

 

 

 

 

.

 

 


 

ITEM NO:       NOM 04

FILE NO:        190076.2020

SUBJECT:     Toll Mania

 

BACKGROUND

 

Approximately 70% of Liverpool residents leave the LGA for work. With many traveling by car.

 

Given our location at the intersection of the M5 and M7, with easy access to major hubs, Liverpool is an area of choice for many transport and logistics companies. 

 

Earlier this month the State Government imposed a new toll on the previously untolled old M5 East. Free since it opened in 2001, drivers will now be slugged $6.95 for cars and $20.86 for trucks.

 

These tolls do not just impact residents who travel for work, but also impact small business, many who are not just tolled once, but multiple times per day.

 

There was no grace period and the M5 Cashback scheme will not apply.

 

Previous toll roads have had grace periods to allow drivers to adjust to the roads. Not this time.

 

Currently, motorists in Sydney are charged a toll when they drive on the:

 

There will be at least three more tolls by 2023 when the following roads are completed:

 

Unsurprisingly, research from the Institute of Transport Logistics Studies at the University of Sydney has found Sydney has the greatest amount of tolled road in the world.

 

Dr Michelle Zeibots from the UTS Transport Research Centre has stated,

 

"Tollways aren't successful at reducing road congestion,"

 

The reason why governments continue to build them is that they are put under enormous pressure by the tollway industry and individuals sometimes within their own party, who I would suggest are there to see tollway businesses make a lot of money.

 

But that is at the expense of the general community and the local businesses of Sydney."

 

With the economy in recession for the first time in three decades, slugging families in Liverpool with additional tolls is unfair and must be reversed.

 

NOTICE OF MOTION (moved by Clr Hagarty)

 

That Council:

 

1.    Endorses the Premier's comments that the new toll on the old M5 East is "toll mania",  noting that Sydney has the greatest amount of tolled road in the world;

 

2.    Writes to the State Government requesting: 

·        a toll-free period on the M8; and 

·        the scrapping of the new toll on the old M5 East.

 

3.    Writes to local State and Federal MPs seeking their endorsement of the above; and

 

4.    Seeks support for this campaign from WSROC and other LGAs in south west Sydney.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadchiti

 

That Council:

 

1.      Note that Sydney has the greatest amount of tolled road in the world.

 

  1. Write to the State Government requesting: 

·        a toll-free period on the M8; and 

·        Suggest the removal of the toll, or a cash back scheme, or other measures to alleviate the financial burden on residents on the old M5 East.

 

  1. Writes to local State and Federal MPs seeking their endorsement of the above; and

 

  1. Seeks support for this campaign from WSROC and other LGAs in south west Sydney.

 

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

 

 

 

 

 

 

 


 

ITEM NO:       NOM 05

FILE NO:        189999.2020

SUBJECT:     Animal Welfare Advisory Committee

 

BACKGROUND

 

The closure of the Liverpool Animal Welfare Shelter in the interim of finding a permanent home has highlighted the opportunity for the community to become more involved in the delivery of better outcomes for the welfare, and rehoming of domestic animals in the Liverpool LGA.

 

It was envisioned that such a committee would be established when the Liverpool Animal Shelter re-opened.

 

It would serve Liverpool if the Committee was established prior to the new animal shelter opening to assist Council in Animal management now and when it is needed perhaps more than ever.

 

The network of concerned Animal lovers in Liverpool could greatly assist Liverpool Council through a Committee in assisting Council in educating and promoting responsible pet ownership by encouraging, registration, microchipping and rehoming.

 

A Community Committee would best serve Council in assisting in microchipped animals being returned to homes, or by providing foster homes for rehabilitation and or assistance, that would avoid animals being impounded.

 

NOTICE OF MOTION (moved by Clr Rhodes)

 

That Council:

 

1.    Provide a report on the establishment of an Animal Welfare Advisory Committee  back to Council Meeting August 2020.

            The Committee would meet four times per year for the term of the committee and provide:

·      Advice to Council on domestic animal management matters including ways in which animal welfare can be continuously improved in the Liverpool LGA; and

·      Assist in promoting a positive view on options of responsible pet ownership and investigate, provide advice and recommendations relevant to programs that achieve this.

 

2.    The Advisory Committee include two Councillors (one of whom will act as Chair), up to four representatives from the community who may be appointed as individuals or as representatives of local community organisations.

 

 

COUNCIL DECISION

 

This item was withdrawn as it was dealt with earlier in the meeting in item EGROW 02 Report back - Reference Group Charter Companion Animal Advisory Committee on page 7 of these minutes.

 

 

   

 


ITEM NO:       CEO 03

FILE NO:        179017.2020

SUBJECT:     Endorsement of Delivery Program 2017-2022 and Operational Plan 2020-21, including Budget and Revenue Pricing Policy (fees and charges)

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadchiti

 

That Council:

 

1.      Adopts the draft Delivery Program 2017-2022 and 2020-2021 Operational Plan, including Budget and Revenue Pricing Policy (fees and charges) with the following additions:

·           Notes the COVID-19 pandemic has had a significant budgetary impact on Council's cultural institutions;

·           Notes that a third of NSW's population lives in Western Sydney, yet the region only receives 5% of State arts, heritage and events funding;

·           Notes the proposed $940m relocation of the Powerhouse Museum in Parramatta and the $100m redevelopment of the Riverside Theatre will have minimal impact on the imbalance of social and cultural infrastructure in the Western Parkland City;

·           Writes to the State and Federal Government requesting an increase in arts funding for the Western Parkland City;

·           Writes to local State and Federal MPs seeking their endorsement of the above;

·           Seeks support for this campaign from other LGAs in the Western Parkland City;

·           Council commit to zero based budgeting for the next financial year where practicable; and

·           Direct the Acting Chief Executive Officer to undertake an organisational review to identify cost saving measures.

 

2.      Makes the fees and charges for the period commencing on 1 August 2020 as outlined in the draft Revenue Pricing Policy with the exception of changes to childcare fees which will commence on 28 September 2020;

 

3.      Extend the period of the Disability Inclusion Action Plan 2017-2021 (DIAP) and Reconciliation Action Plan (RAP) 2017-2020 until 2022 in line with the extended Delivery Program; and

 

4.      Receives a further report following public exhibition of the proposed amendments to the fees and charges as outlined in Attachment F.

 

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


 

Confidential Items

 

ITEM NO:       CONF 01

FILE NO:        110466.2020

SUBJECT:     Fire and Rescue NSW Referrals

 

COUNCIL DECISION

 

Motion:  Moved:                   Clr Hadchiti                           Seconded: Clr Harle

 

That Council:

 

1.    In relation to 49 Lachlan Street Warwick Farm:

a)    note the inspection report by Fire and Rescue NSW, as shown in Attachment 1; and

b)    exercise its power to issue a Fire Safety Order as recommended by Council’s Fire Safety Officer to address the identified fire safety deficiencies.

 

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

 

 

 

 

 


 

ITEM NO:       CONF 02

FILE NO:        166004.2020

SUBJECT:     Acquisition of Lot 2 DP1263707 being part of 285 Fifteenth Avenue, Austral for drainage purposes

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That Council:

 

1.    Approves the acquisition of Lot 2 DP1263707, being part of 285 Fifteenth Avenue Austral, on the terms outlined in this confidential report;

 

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

 

3.    Resolves to classify Lot 2 DP1263707 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.

 

 

 

 


 

ITEM NO:       CONF 03

FILE NO:        171017.2020

SUBJECT:     COVID-19 Variation of Leisure Centre Management Contract ST2492

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Kaliyanda

 

That Council:

 

1.    Due to extenuating circumstances and in accordance with s55(3)(i) of the Local Government Act 1993 (NSW), Council not invite tenders for the grant of the additional one (1) year term of the contract known as ST2492 – Management of Leisure and Aquatic Centres (Contract).

 

The reasons for the above Resolution are:

1.1       the additional term of the Contract is being granted to the existing contractor as part of arrangements to address the impact of the COVID-19 pandemic, and as such the existing contractor is the only party to which that extension could be granted;

1.2       the need for the extension has arisen as a consequence of the COVID-19 pandemic, and in particular the impact on the operation of the leisure centres to which the Contract relates; and

1.3       the current economic climate, and in particular the ongoing restrictions on the operation of the leisure centres to which the Contract relates and the uncertainty as to when that impact will cease, mean that a satisfactory result would not be achieved by inviting tenders for any alternative arrangements for the operation of the leisure centres.

 

2.     Receive and note the negotiated variation of the Contract for the current contract period till 31 July 2022.

 

3.    Resolve to extend the term of the Contract to the existing contractor by one (1) year to conclude 31 July 2023 under the financial terms identified in this report.

 

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

 

Councillors voted unanimously for this item.

 


 

ITEM NO:       CONF 04

FILE NO:        177689.2020

SUBJECT:     Animal Shelter Update

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hagarty

 

That Council move into closed session and deal with items CONF 04, CONF 06, and CONF 07 at the end of the meeting pursuant to the provisions of s10(A)(2)(c), (di) and (g) of the Local Government Act because:

·         It contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

·         It contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it; and

·         It contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

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

 

 

 

 


 

ITEM NO:       CONF 05

FILE NO:        177813.2020

SUBJECT:     Project Delivery and Land Transfer Agreements with Department of Planning, Industry and Environment and the Planning Ministerial Corporation at Leppington

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Rhodes

 

That Council:

 

1.       Approves the land transfer to Council from Department of Planning, Industry and Environment and the Planning Ministerial Corporation of the relevant parts of Lot 101 DP 1176542, Lot 2 DP 501499 and Lot 17 DP 1201906 having an area of approximately 7.6Ha, situated along Camden Valley Way, Leppington for a nominal $1 consideration on the terms outlined in this report;

 

2.       Approves the Strategic Open Spaces program Project Delivery Agreement with the Department of Planning, Industry and Environment and the Planning Ministerial Corporation on the terms outlined in this report;

 

3.       Delegates authority to the A/CEO and his delegates to negotiate the terms of the Project Delivery Agreement and Land transfer Agreement as outlined in this report;

 

4.       Approves the classification of the land as “community” classified land and that a Plan of Management be prepared for the site at no cost to Council;

 

5.       Authorises the A/CEO or his delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision; and

 

6.       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.

 

 

 

 

 

 


Mayor Waller moved the meeting into closed session at 8.52pm.

 

CONFIDENTIAL ITEMS IN CLOSED SESSION

 

ITEM NO:       CONF 04

FILE NO:        177689.2020

SUBJECT:     Animal Shelter Update

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hagarty

 

That Council:

 

1.    Notes that offers as outlined in this report have been made for the purchase of the properties previously identified in the Council report of 27 May 2020;

 

2.    Also notes the temporary arrangements for the housing of impounded animals from the Liverpool Animal Shelter under an agreement with the Rossmore Vets for the provision of animal care and veterinary services;

 

3.      Further notes that a report will be provided on or prior to the October 2020 meeting to provide an update in respect to a permanent future site for the Animal shelter facility; and

 

4.      Hold a Councillor briefing session for an update on the matter and to discuss options.

 

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

 


 

ITEM NO:       CONF 06

FILE NO:        192255.2020

SUBJECT:     Legal Affairs Report - 1 April 2020 to 30 June 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hagarty

 

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

 

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

 

 

 


 

 

ITEM NO:       CONF 07

FILE NO:        181066.2020

SUBJECT:     Liverpool Civic Place Independent Review

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Kaliyanda

 

That Council:

 

1.    Receive and note the Liverpool Civic Place independent audit report; and

 

2.    Direct the CEO and management team to implement the agreed management actions outlined in the attached report.

 

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

 

Clr Ayyad asked that she be recorded as voting against the motion.

 

OPEN SESSION

 

Council moved back into Open Session at 9.54pm.

 

Mayor Waller read out the resolutions in relation to items CONF 04, CONF 06 and CONF 07 which were passed in Closed Session.

 


 

 

 

 

THE MEETING CLOSED AT 9.57pm.

 

 

<Signature>

Name: Wendy Waller

Title:    Mayor

Date:    26 August 2020

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  29 July 2020. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

 


0

Ordinary Meeting

26 August 2020

Mayoral Report

 

MAYOR 02

Local Government Representation on the National Cabinet

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

218668.2020

 

 

Mayoral Report

 

The Prime Minister, Premiers and Chief Ministers met in Sydney on 13 March this year and agreed to establish a National Cabinet to coordinate Australia’s response to the coronavirus pandemic.

 

The National Cabinet has proven effective in taking decisions in Australia’s interest and the Prime Minister announced on 29 May that it would continue beyond the pandemic. Local Government is not represented in the National Cabinet. The Australian Local Government Association (ALGA) has been given a seat on the National Federation Reform Council, but this body will only meet once a year.

 

All three tiers of government should be represented on the National Cabinet. Councils have an important role to play because we are the level of government closest to the people. We are also responsible for the delivery of a range of vital community services, programs and infrastructure. 

 

Over coming months, the National Cabinet is likely to face enormous challenges unlike those seen by governments in recent times. This will require the three levels of government to collaborate and support each other to encourage economic growth, implement reforms, create jobs, assist businesses and residents and rebuild consumer confidence.

 

A seat at the table will ensure Local Government can contribute to the discussion, highlight the impact of federal policies and help shape a stronger future for everyone in Australia. Getting it right on the ground is local government’s area of expertise.

 

The ALGA Board and LGNSW are advocating for the inclusion of councils in the National Cabinet, a position I am sure is supported by all Councils.

 

 

RECOMMENDATION

 

That Council:

 

1.    Writes to NSW Premier Gladys Berejiklian and local Federal and State Members of Parliament to highlight the critical necessity for Local Government representation on the National Cabinet and seeks their assistance in requesting that the First Ministers review the decision to exclude Local Government.

 

2.    Seeks a meeting with local Federal and State MPs to discuss in more detail the importance of having Local Government representation on the National Cabinet and the value of partnerships with Councils in achieving the objectives of the National Cabinet and the national reform agenda.

 

3.    Notes that the Australian Local Government Association, LGNSW and other state/territory local government associations will continue to advocate for Local Government representation on the National Cabinet and for local government’s interests in all relevant forums.

 

 

 

 

 

ATTACHMENTS

 

Nil


0

Ordinary Meeting

26 August 2020

Chief Executive Officer Report

 

CEO 01

Local Government NSW Conference 2020

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

205990.2020

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Andrew Stevenson - Chief Strategy and Engagement Officer

 

 

Executive Summary

 

The 2020 Local Government NSW Annual Conference is scheduled to be held in the Hunter Valley from Sunday 22 to Tuesday 24 November 2020.

 

The report addresses proposed motions to be submitted to the Conference and provides information in relation to voting delegates which Liverpool City Council will be entitled to for voting on motions. The deadline for motions to be submitted for the conference is 28 September 2020. 

 

 

RECOMMENDATION

 

That:

 

1.    Any Councillors who wish to attend the 2020 Local Government NSW Annual Conference notify the Councillor Support Officer by 4 September 2020;

 

2.    Council determine its voting delegates for the Conference, noting that Liverpool City Council is entitled to 10 voting delegates for voting on motions and also noting that Councillor Hadid is entitled to one vote as he is a Director of the Association; and

 

3.    Endorse the motions as outlined in the report to be submitted to the Conference.

 

 

REPORT

 

The 2020 Local Government NSW Annual Conference is scheduled to be held at the Hunter Valley from Sunday 22 to Tuesday 24 November 2020.

 

The Conference is the main policy making event for the local government sector where issues are debated and motions put forward for consideration by delegates.

 

This report addresses the determination of voting delegates and the key issues to be submitted for consideration at the Local Government (LGNSW) Annual Conference.

 

LGNSW have advised that Liverpool City Council is entitled to the following:

 

10 voting delegates for voting on motions.

Note, Councillor Hadid is entitled to one vote as he is a Director of the Association.

 

Council will need to determine its voting delegates and the deadline for nominating voting delegates is 3 November.

 

Correspondence from LGNSW is attached to this report. The draft Conference Program is also attached.

 

LGNSW Board have resolved that motions will be included in the Business Paper for the Conference only where they:

1.    Are consistent with the objects of the Association (See Rule 4 of the Association’s rules);

2.    Relate to Local Government in NSW and/or across Australia;

3.    Concern or are likely to concern Local Government as a sector;

4.    Seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

5.    Have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

6.    Are clearly worded and unambiguous in nature; and

7.    Do not express preference for one or several members over one or several other  members.

 

Motions are to be submitted by 28 September 2020.

 

It is recommended that Council submit the following motions on issues drawn from recent Council resolutions and feedback from Councillors to be considered for inclusion in the Conference Business Paper:

 

1.    Sustainable Housing Development

 

That the NSW Conference advocate to the NSW Government to amend the State Environmental Planning Policy (Exempt and Complying Development Codes) to limit housing developments to cover no more than 40% of block size in urban Developments excluding secondary developments.

 

2.    Stray Cats in urban areas

 

That the NSW Conference advocate for:

·    tighter restrictions on cat owners (including that all cats to be microchipped and desexed) to be included in the NSW Companion Animals Act 1998;

·    Councils be funded to provide services that identify stray cats that are not microchipped, nor desexed and found on the streets, to be microchipped, desexed and housed until rehomed; and

·    Changes be made to section 11 of the Prevention of Cruelty to Animals Act 1979 (NSW) to permit the release of cats under a Trap Neuter Return Program.

 

3.    Fast track Western City Rail transportation network

 

That the NSW Conference call on the State Government to provide funding to fast track the Leppington to Western Sydney Airport rail link extension and the Sydney Metro City and South West project from Bankstown to Liverpool as well as funding for the Fifteenth Avenue Rapid Transit Corridor project from Liverpool to Western Sydney Airport.

 

4.    Koala Sanctuary and Wildlife hospital

 

That the NSW Conference advocate for the creation of a Georges River National Park and establishment of a well-resourced wildlife hospital in South West Sydney.  

 

5.    Renew Our Libraries Phase Two

 

That the NSW Conference advocate for:

·    a sustainable state funding model for the ongoing provision of public library services; and

·    Call for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model.

 

6.    Hotel Liquor Licence Applications

 

That the NSW Conference:

·    Advocates to NSW Government for increased Local Government decision making in gaming machine provisions, including the changed Local Impact Assessment Band that allows moving of or increase of poker machines within the respective local government areas;

·    Advocates to NSW Government for local government’s Social Impact Assessments to be prioritised in considerations relating to gaming machine provisions and determination of the band assessment’s allocations; and

·    Considers a policy position, where public interest is in the forefront of all such decisions, including investigating measures of non-association with alcohol and gambling industries.

 

7.    Covid-19 related

 

·    That the NSW Conference note the collapse in revenues and seek 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 (FFF) guidelines given current circumstances, including writing to Minister for Local Government as appropriate; and

·    Councils believe 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.

 

8.    Tolls in Sydney

 

That the NSW Conference request:

·    a toll-free period on the M8; and

·    suggest the removal of the toll, or a cash back scheme, or other measures to alleviate the financial burden on residents on the old M5 East.

 

9.   Standardisation of speed limits for Schools, towns and CBDs throughout NSW

 

In feedback from Councillors prior to finalising this report, Councillor Rhodes has proposed that the following motion be submitted to the Conference:

 

That the NSW Conference:

 

Lobby for universal standardisation of speed limits in school areas, and shopping areas in CBDs in towns and suburbs throughout NSW.

 

Current speed limits are different from suburb to suburb in cities and towns throughout NSW, this is not only confusing but dangerous to drivers and pedestrians alike.

Consistent speed zones throughout the state in these situations will provide a safer and more consistent understanding of what the road rules are, thereby minimising accidents and saving lives.

 

 

CONSIDERATIONS

 

Economic

Costs in the order of $2,500 per delegate for registration, travel, accommodation and meals which has been budgeted for in the 2020/21 budget.

Environment

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


Social

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


Civic Leadership

Act as an environmental leader in the community.

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

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

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

Legislative

There are no legislative considerations relating to this report.

Risk

The risk is deemed to be low and is within Council’s risk appetite.

 

 

ATTACHMENTS

 

1.         Letter from LGNSW - invitation to attend LGNSW Conference 22 - 24 November 2020

2.         Draft Program - LGNSW Annual Conference 2020  


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CEO 01

Local Government NSW Conference 2020

Attachment 1

Letter from LGNSW - invitation to attend LGNSW Conference 22 - 24 November 2020

 

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CEO 01

Local Government NSW Conference 2020

Attachment 2

Draft Program - LGNSW Annual Conference 2020

 

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0

Ordinary Meeting

26 August 2020

Chief Executive Officer Report

 

CEO 02

Biannual Progress Report

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

209245.2020

Report By

Hiba Soueid - Manager Corporate Strategy and Performance

Approved By

Andrew Stevenson - Chief Strategy and Engagement Officer

 

 

Executive Summary

 

The Biannual Progress Report provides an overview of Council’s progress on the Principal Activities that were scheduled for the January to June 2020 period. This is reported against the Delivery Program 2017-2022 and Operational Plan 2019-2020.

 

This is the second and final Biannual Progress Report for 2019-20 and has been prepared in line with the Office of Local Government Integrated Planning and Reporting Guidelines

 

RECOMMENDATION

 

That Council notes and receives the Biannual Progress Report which outlines the progress of Principal Activities detailed in the Delivery Program 2017-2022 and Operational Plan 2019-2020.

 

REPORT

 

On 26 April 2017, Council adopted the Community Strategic Plan, Our Home, Liverpool 2027Our Home, Liverpool 2027 outlines the community’s vision and priorities for Liverpool. The Plan was developed after extensive engagement with the community and contains four key directions for the future of Liverpool. These directions guide Council’s operations and service delivery for the next ten years.

 

Council’s Delivery Program 2017-2022 and Operational Plan and Budget 2019-2020 outline Council’s commitment to the community. The combined document details 107 Principal Activities that Council has committed to delivering.

 

Section 404 (5) of the Local Government Act (1993) requires the Chief Executive Officer (CEO) to ensure that a progress report is provided to Council at least every six months. It should include information and updates on the Principal Activities that have been detailed in the four-year Delivery Program. This allows Council and the public to monitor progress.

 

During the January to June 2020 reporting period, Council experienced several natural disasters, including bushfires, floods and the current COVID-19 pandemic. These uncertain times bought about continuous and rapid change in Council’s daily operations including the cancellation of major events, the closure of many of Council’s facilities and mobilisation of staff to work from home. This has impacted the local community, economy and Council’s operations and financial performance.

 

Council’s priority during this period was the safety of residents and staff. Council followed federal and state government advice and developed local initiatives tailored to meet the needs of the community. This included a comprehensive package to support local businesses affected by the COVID-19 pandemic and hardship provisions for ratepayers.

 

By the end of June 2020, 69% of actions in the Delivery Program and 2019-20 Operational Plan were on track or completed. Of the remaining actions, 31% were affected by the COVID-19 pandemic. The attached report provides detailed information on each of the 107 Principal Activities detailed in the Delivery Program 2017-2022.

 

CONSIDERATIONS

 


Governance

The Delivery Program and Operational Plan sets the direction for Council’s strategic agenda, including all economic, environmental, social and civic leadership requirements.


Legislation

The Delivery Program and Operational Plan have been developed in line with the Local Government Act 1993 

In particular Section 404 (5) of the Local Government Act states:

“The general manager must ensure that regular progress reports are provided to the council reporting as to its progress with respect to the principal activities detailed in its delivery program. Progress reports must be provided at least every 6 months.”

Risk

The risk is deemed to be High. Failure to provide regular progress reports to the council with respect to the principal activities detailed in its delivery program at least every 6 months may result in non-compliance with the above legislation and may result in enforceable action by the Office of Local Government, Planning Policy.

 

 

ATTACHMENTS

 

1.         Biannual Progress Report January-June 2020 (Under separate cover)  


0

Ordinary Meeting

26 August 2020

City Economy and Growth Report

 

EGROW 01

Draft Warwick Farm Racing Precinct Structure Plan, Planning Proposal and Local Contributions Plan

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

144667.2020

Report By

Graham Matthews - Senior Strategic Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

At its meeting of 11 December 2019, Council resolved (EGROW 02) to direct the CEO to engage consultants to prepare a structure plan, planning proposal and developer contributions plan for the Warwick Farm racing precinct to support a rezoning of the precinct.

 

This report presents the draft structure plan, planning proposal and local contributions plan, pursuant to the above Council resolution for Council’s consideration.

 

A Councillor briefing on the draft plans was held on 1 July 2020. Responses to questions from Councillors taken on notice at the briefing is provided in this report.

 

It is recommended that Council place the draft structure plan, planning proposal, and local contributions plan and supporting documents on public exhibition for 28 days, pursuant to the Liverpool Community Participation Plan 2019.

 

Following public exhibition, a further report will be prepared for Council’s consideration responding to submissions received, any amendments proposed, and to endorse the planning proposal for submission to the Department of Planning, Industry and Environment for a Gateway determination.

 

 

RECOMMENDATION

 

That Council:

 

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

 

2.    Notes that a feasibility study will be completed as recommended by the Liverpool Local Planning Panel;

 

3.    Places the draft structure plan, planning proposal and local contributions plan on public exhibition, pursuant to the Liverpool Community Participation Plan 2019 for 28 days; and

 

4.    Receives a further report, following public exhibition, detailing any submissions received and any amendments proposed to the structure plan, planning proposal and/or local contributions plan.

 

 

Report

 

Background

 

At its 11 December 2019 meeting, Council resolved (EGROW 02) to direct the CEO to engage consultants to prepare a structure plan for the Warwick Farm racing precinct.

 

Council resolved that the structure plan was to address the following:

 

·  the appropriate density of development in the precinct, including built form; and

·  building typologies including height and floor space ratio development standards for:

i.    open space, community and recreation facilities to support urban renewal;

ii.    likely traffic and transport upgrades;

iii.   amenity issues;

iv.  flooding considerations; and

v.   development contributions.

 

The resolution went on to establish the following considerations for the preparation of the structure plan:

 

Directs the CEO to allocate funding from general funds and to prepare a structure plan for the Warwick Farm Racing precinct and a planning proposal to support a rezoning of the Warwick Farm racing precinct from Scrivener Street to Hume Highway to Governor Macquarie Drive relevant to B4 with mixed business noting that zoning is consistent with the State Governments planning advice to maximise densities close to rail stations and this precinct is immediate to the Warwick Farm Railway station; and

 

a)   notes the AEC Report June 2017 specifically 27.3

“27.3 should the horse training stabling functions of Munday Street Precinct be viably relocated to the racecourse, opportunities arise for Munday Street Precinct and Lot 1 to collectively deliver a masterplanned outcome that incorporates a range of housing types, required urban and retail amenity as well as meet social/community infrastructure need”, and

b)   noting that there is a local Warwick Farm School and 5 other Schools already within the Liverpool CBD that are all within walking distance of this precinct and

 

c)   that the precinct has the most expensive recreational park in the LGA that could be made open to the public and that this precinct is also within walking distance to the open space surrounding The Georges River, and

 

d)   that existing jobs in this precinct will be supported by B4 zoning as training facilities will be relocated on track, and work force will still live in the area close to their employment through the B4 zoning, and

 

e)   that the area below Scrivener Street to Georges River is already zoned industrial and is best situated to be renewed as a hi-tec education hospital and technology park, which will also provide job opportunities to support the increase in density in the B4 zoning and

 

f)    that there is already employment opportunities in the hospital universities race track and The Inglis Hotel and function precinct and in the industrial site, and also at a shopping centre less than 100 metres from the Warwick Farm racing precinct

 

g)   that Moore Point and Hargrave Park will be also be identified on the structure plan as the River Precinct separate from the Warwick Farm Racing Precinct, and

 

h)   as the River Precinct plans for Moore Point and Hargrave Park already exist there is no need to allocate funding for new plans.

The Council resolution also required that:

 

          9. The report to be submitted to the May 2020 Council meeting.

 

A report to the 27 May 2020 Council meeting provided an update on the progress in drafting the structure plan. Council resolved (EGROW 01 of 27 May 2020):

 

That Council:

 

1.   Receives and notes this report; and

 

2.   Receives a further report on the draft structure plan, draft planning proposal and draft contributions plan for the Warwick Farm racing precinct at the 26 August 2020 Council meeting.

 

 

 

 

Draft Warwick Farm Racing Precinct Structure Plan

 

As noted in the report to Council of 27 May 2020, Conybeare Morrison International were engaged by Council as the lead consultant to prepare the structure plan, planning proposal and amendment to the Liverpool Contributions Plan 2009. The structure plan has been prepared in line with the requirements of Council resolution EGROW 02 and EGROW 09 of 11 December 2019.

 

The precinct has an area of approximately 28.4 hectares and is bounded by the Hume Highway to the northwest, the railway corridor to the west, Priddle Street to the south, Horseshoe Pond to the east and Governor Macquarie Drive to the northeast. It is comprised of land zoned R2 Low Density Residential, R3 Medium Density Residential, RE1 Public Recreation (Rosedale Park) and RE2 Private Recreation.

 

A recent aerial photograph of the Warwick Farm racing precinct (see Figure 1), illustrates the characteristic low-scale residential development existing within the precinct. It also shows the widespread use of the precinct for thoroughbred horse training/stabling facilities.

 

Figure 1: Aerial view of the Warwick Farm precinct

NB: 240 Governor Macquarie Drive, depicted at the top of the picture, is not included among the lots subject to the planning proposal.

Source: Nearmap 15 April 2020

The northernmost lot, 240 Governor Macquarie Drive, is currently zoned B5 Business Development. Council separately provided in principle support to the rezoning of that lot to part B4 Mixed Use and part R4 High Density Residential at its 11 December 2019 meeting (EGROW 09). This planning proposal was lodged with the Department of Planning, Industry and Environment in February 2020 for a Gateway review. Figure 2 below, illustrates the existing zoning applying to the Warwick Farm racing precinct.

 

Figure 2: Warwick Farm existing zoning

Source: Conybeare Morrison International

 

The draft structure plan (depicted in Figure 3 below) provides a conceptual framework for the redevelopment of the Warwick Farm racing precinct for a mix of uses, including B4 zone in accordance with Action 10.2 of the Liverpool Local Strategic Planning Statement (LSPS), Connected Liverpool 2040.

The draft structure plan envisages the rezoning of the Warwick Farm racing precinct for the following uses:

 

·  B4 Mixed Use in the west of the precinct, in the immediate vicinity of Warwick Farm train station;

·  R4 High Density Residential in the east and south; and

·  RE1 Public Recreation in the lowest-lying land in the precinct in the east and south, generally within the Warwick Farm Sewage Treatment Plant odour buffer area and adjacent to Rosedale Park and Horseshoe Lagoon.

 

The structure plan envisages that the redevelopment of the Warwick Farm racing precinct (including 240 Governor Macquarie Drive) will deliver in excess of 200,000 m² of residential floor space, equating to over 2,200 dwellings and 25,000 m² of commercial floor space.

 

The structure plan also envisages the development of a pedestrian footbridge, to increase the connectivity of the precinct with Liverpool city centre. The footbridge would link the precinct with Hart Park and provide easy access to the employment and amenities of Liverpool city centre. It is depicted on Figure 3 below.

 

The structure plan also depicts the proposed route for the Manning Street bypass, which would divert heavy vehicles from the industrial land to the south, to the south and east of Rosedale Park and via Shore Street to and from Governor Macquarie Drive. An alternative bypass route, utilising existing roads including Stroud Avenue, National Street and Shore Street is discussed in response to questions raised at the Councillor briefing, below.

 

The proposed bypass has been the subject of previous Council’s resolutions over the years and is a top priority for Council as resolved by Council in December 2019. The local contributions plan will provide an additional funding source for the construction of the bypass.  

 

Figure 3: Draft Warwick Farm structure plan NB: 240 Governor Macquarie Drive, located the top of the picture, is not included in land subject to the planning proposal. Source: Conybeare Morrison International

 

Constraints

 

The structure plan seeks to provide a framework for the urban redevelopment of the Warwick Farm racing precinct, while responding to the environmental constraints impacting the precinct, including the potential for flooding and land use conflict (primarily with industrial heavy vehicles, in addition to the impacts of odour from the adjacent Warwick Farm sewage treatment plant).

 

In consideration of the NSW Flood Prone Land Policy, the height of the ground floor of all new development must be at the 1 in 100-year flood level (1% AEP), in addition to 0.5m freeboard (the flood planning level). The 1% AEP applying to the Warwick Farm racing precinct is 8.5m AHD, meaning that the ground floor of all new development must be no lower than 9m AHD. Additionally, to ensure safe evacuation in case of flood, the height of all internal roads must be increased to the 1% AEP (i.e. 8.5m AHD), with a gradual increase in the height of internal roads approaching Manning/Warwick Streets, providing a safe route for evacuation from the precinct west along the Hume Highway, towards Liverpool city centre.

 

 

 

All filling of flood-prone land must be balanced by compensatory excavation, to ensure there are no adverse flooding impacts off-site due to a loss of flood storage. Hence, the land filled on development sites must be balanced with the same volume of excavation elsewhere in the precinct.

 

In order to fill land close to the Warwick Farm station for redevelopment, the structure plan proposes that land furthest from the station must be excavated and preserved as public open space, so as not to reduce the overall flood storage capacity of the precinct as a whole. As a result, the structure plan seeks to rezone some land currently zoned RE2 Private Recreation and R2 Low Density Residential to RE1 Public Recreation, to enable acquisition of this land by Council to provide requisite land for flood storage.

 

Figure 3 above depicts the draft structure plan (also included in Attachment 6). Most of the R2 Low Density Residential land to be rezoned RE1 Public Recreation is also within the Warwick Farm Sewage Treatment Plant Odour Buffer Area. According to the Liverpool Local Strategic Planning Statement (LSPS), odour sensitive development (including residential development) should be avoided in this area.

 

Manning Street bypass road

 

The urban redevelopment of the Warwick Farm racing precinct is also constrained by traffic impacts. Heavy vehicles servicing the Scrivener Street industrial precinct to the south, currently travel through the precinct via Munday, Manning and Priddle Streets. The passage of heavy vehicles through the Warwick Farm racing precinct creates considerable land use conflict, which would only be exacerbated once the precinct is developed for high density residential uses.

 

The planning proposal does not seek to rezone land for the planned Manning Street bypass (providing a direct route for heavy vehicles to and from the Scrivener Street precinct and Governor Macquarie Drive) to SP2 (Local Road), pursuant to Council resolution EGROW 11 of 25 March 2020. The rezoning of the Manning Street bypass road is unnecessary, as all existing/proposed zones over which the bypass road is planned to traverse, already permit the development of "Roads".

 

In addition, owing to additional environmental constraints associated with the Horseshoe Lagoon coastal wetland (which is intersected by the proposed route of the bypass), seeking to rezone the Manning Street bypass road SP2 (Local Road) may significantly delay the finalisation of the planning proposal as a whole. As noted in the planning proposal:

 

The proposed route of the road currently traverses through land zoned RE1 Public Recreation, RE2 Private Recreation and SP2 Sewerage System. As noted above, all these zones permit “roads” as a land use which is permissible with the consent of Council. The bypass road does therefore not require rezoning and can be delivered if further ecological investigations confirm it could be approved under the Coastal Management SEPP.

 

The rezoning of the bypass route into the Planning Proposal requires justification for the change from the existing zoning. It is recommended that ecological advice be sought to confirm the road could be approved meeting the specific requirements of the Coastal Management SEPP and that discussions occur with Crown Lands and if required Sydney Water to ensure owners consent will be forthcoming and any additional acquisition requirements. This will avoid delays with adopting an SP2 Local Road in this report that requires further investigations. The draft Local Contributions Plan has included an amount for this land to be acquired subject to the above occurring. Provision of the Manning Street bypass road, as an infrastructure improvement, in addition to proposed widening of Governor Macquarie Drive and the development of additional shared paths, will effectively mitigate traffic impacts.

(Planning proposal, Attachment 1, page 17)

 

Opportunities

 

While the structure plan applies to the Warwick Farm racing precinct as a whole, Council resolved to rezone the ‘Masters’ site (240 Governor Macquarie Drive, Warwick Farm) separately, pursuant to EGROW 09 of 11 December 2019. As noted in the report to Council EGROW 01 of 27 May 2020, Council forwarded the planning proposal to rezone 240 Governor Macquarie Drive to DPIE in February 2020. DPIE is yet to issue a Gateway determination at the date of writing this report.

 

For the purposes of the structure plan, the final built form for 240 Governor Macquarie Drive is assumed to be identical to that put forward in the proponent's Urban Design Plan. Final development outcomes for 240 Governor Macquarie Drive are assumed to be as follows:

 

·  Floor space ratio (FSR) 3:1;

·  Approximately 830 dwellings; and

·  5000 m² of commercial floor space.

 

Taking account of development outcomes at 240 Governor Macquarie Drive and considering the Warwick Farm racing precinct as a whole, the structure plan projects the development of 2,252 dwellings and over 24,400 m² of commercial floor space. In addition (and noting flooding/odour constraints described above), the structure plan also projects the zoning of 46,829 m² of land RE1 Public Recreation for local open space (16.5% of the site area), in addition to Rosedale Oval, which is 49,927 m² and reserved for district open space purposes.

 

Flood, Traffic and Social Impact Assessments

 

Conybeare Morrison International has engaged a team of consultants to make assessments of the potential impacts of the proposed redevelopment and to make recommendations to mitigate those impacts. These sub-consultants include:

 

·  WMA Water, stormwater and flooding engineers;

·  SCT Consulting, traffic and transport engineers; and

·  CRED Consulting, social infrastructure planning consultants.

 

Flood mitigation

 

As noted above, the Warwick Farm racing precinct is situated on a floodplain. Much of the land is situated below the 1% AEP level and would be inundated in a one in 100-year flood. Urban redevelopment of the precinct will require the raising of the land of development sites to the flood planning level (1% AEP level +500 mm freeboard). This will require compensatory excavation, to ensure no loss in flood storage throughout the precinct.

 

WMA Water has prepared a Flood Impact Assessment (Attachment 2) which recommends appropriate cut and fill to facilitate the proposed redevelopment. Mitigating measures proposed include the following:

 

· the rezoning of land for recreational purposes, its acquisition by Council and excavation for compensatory flood storage purposes;

· increasing the height of internal roads to the 1% AEP level; and

· developing a flood evacuation path via Manning/Warwick Streets to the Hume Highway and west to the Liverpool city centre. 

 

Much of the additional land to be rezoned RE1 Public Recreation is also located within the Warwick Farm Sewage Treatment Plant Odour Buffer Area, which according to the Liverpool Local Strategic Planning Statement (LSPS), odour sensitive development (including residential development) should be avoided.

 

Traffic mitigation

 

SCT Consulting has prepared a Traffic Impact Assessment (TIA) (Attachment 3) in support of the proposed rezoning of the Warwick Farm racing precinct. The TIA estimates the impact of redevelopment on the surrounding road network and recommends road upgrade works to mitigate the impacts, including intersection improvements, the widening of Governor Macquarie Drive and the development of additional shared paths to improve access to the Georges River foreshore. The TIA also models the proposed Manning Street bypass, which will divert heavy vehicles around the precinct, to and from Governor Macquarie Drive.

 

While the SCT TIA has estimated the cumulative impacts of development elsewhere in the vicinity (such as Moore Point and Moorebank East), Transport for NSW (TfNSW) have stated that they will require the integration of the Warwick Farm TIA into a broader transport impact assessment underway for the Liverpool Collaboration Area, considering the impacts of all planned future development on the district road network.

 

It is expected that TfNSW will require the integration of the SCT TIA with the broader transport study, after the issue of a Gateway determination.

 

 

Social impacts

 

Social planning consultancy CRED Consulting were contracted by Conybeare Morrison International to draft the Community Needs Assessment (Attachment 4). The Community Needs Assessment recommends that the following social infrastructure be provided to support the urban redevelopment of the Warwick Farm racing precinct:

 

·   A 1000 square metre multipurpose community facility in the vicinity of Warwick Farm railway station;

·  9.5 ha of open space;

·  Provision of between 5-10% affordable housing in new development;

·  Improved pedestrian/cycling connections; and

·  A range of other, more minor, social infrastructure improvements.

 

The recommendations of the Community Needs Assessment have been addressed in detail in Section 3.9 of the planning proposal.

 

Planning Proposal and Liverpool Contributions Plan 2009 Amendment

 

GLN Planning were subcontracted by Conybeare Morrison to draft the planning proposal (Attachment 1) pursuant to the uses depicted in the structure plan. Studies undertaken in support of the planning proposal also assess the impact of increased development on the surrounding road network, flooding impacts and social infrastructure requirements, including provision of open space.

 

The planning proposal seeks to rezone land in the Warwick Farm racing precinct (excluding 240 Governor Macquarie Drive, for which a planning proposal has already been lodged) from R2 Low Density Residential, R3 Medium Density Residential and RE2 Private Recreation; to B4 Mixed Use, R4 High Density Residential and RE1 Public Recreation.

 

The planning proposal also seeks to amend development standards applying to land in the Warwick Farm racing precinct. It seeks to increase the maximum height of buildings for lots to be redeveloped, from 8.5 m to between 14m and 49 m. It also seeks to increase floor space ratio (FSR) across lots to be redeveloped from 0.5:1 to between 1.3 and 3.6:1.

 

The structure plan projects the development of 2,252 dwellings and 24,400 m² of commercial floor space across the Warwick Farm racing precinct. 500 to a maximum of 830 dwellings could be developed at 240 Governor Macquarie Drive, with a further 1,422 developed elsewhere in the precinct.

 

In order to facilitate the development of the projected 2,252 dwellings and 24,400 m² of commercial floorspace, the planning proposal foreshadows the development of supporting infrastructure for the purposes of flood mitigation, to provide social infrastructure for a much larger population and to alleviate traffic impacts (including the development of the Manning Street bypass, diverting heavy vehicles around the precinct to be developed), in particular.

 

In order to fund required infrastructure, an amendment to the Liverpool Contributions Plan 2009 has been drafted by GLN planning. The proposed Contributions Plan amendment (Attachment 5) has been drafted to fairly apportion the cost of infrastructure and to permit the rollout of infrastructure to proceed as development takes place.

 

A detailed merit assessment of the planning proposal for the proposed rezoning of the Warwick Farm racing precinct, was made in the officer's report to the Liverpool Local Planning Panel. The officer's report determined that the proposal has both strategic and site merit. The report is attached as Attachment 7.

 

Liverpool Local Planning Panel (LPP) advice

 

According to the requirements of the Ministerial Direction, a merit assessment of the planning proposal was presented to the LPP at its 27 July 2020 meeting. The advice of the LPP (Attachment 8) is as follows:

 

The Panel members have familiarised themselves with the site and have been provided with the Council officer’s report and the documents supporting the planning proposal. The Panel had the benefit of a briefing from Council’s staff and Council’s consultant team for the project.

 

The Panel accepts that the planning proposal may meet the strategic merit test given the Greater Sydney Commission’s assurance of Council’s Local Strategic Planning Statement.

 

However, the Panel is not satisfied that the proposal meets the site-specific merit test.

 

The Panel does not support the planning proposal proceeding to a gateway determination at this stage. The Panel recommends that the planning proposal not proceed because the following matters have not been satisfactorily addressed:

 

1) Updating of the Flooding Assessment to have regard to the 2020 Georges River Flood Study (BMT, January 2020) and its implications for this site;

 

2) Preparation of a development feasibility study having regard to the need for consolidation of fragmented sites, flood mitigation works, open space acquisition, the truck bypass route, pedestrian links across the railway and the proposed development yield;

 

3) A report addressing whether, given the cap of 18,800 additional dwellings for Liverpool Collaboration Area Place Strategy, this site is the optimum location for the provision of additional housing given the constraints of the site including flooding and difficulty of evacuation; and

 

4) Further analysis of the potential environmental impacts of the proposed truck bypass route and the changes to ground levels for flood mitigation having regard to vegetation, acid sulfate soils and water table level.

 

Response to LPP advice

 

The proposal to rezone the Warwick Farm racing precinct clearly has strategic merit as it flows from a direction of the Liverpool LSPS, which was granted assurance by the Greater Sydney Commission (GSC) in March 2020 and is in force. The strategic merit of the proposal is demonstrated in the officer's report to the LPP.

 

With regard to site-specific merit, Council officers’ response to the concerns of the LPP are as follows:

 

1) It is not necessary to update the Flooding Assessment to have regard to the 2020 Georges River Flood Study, as advised by the LPP.

 

The currently adopted Georges River Floodplain Risk Management Study and Plan 2004 (FRMP) was developed by eight participating councils sharing the catchment of the river including Liverpool, Bankstown, Fairfield, Campbelltown and Sutherland Councils. The adopted flood levels in the FRMP are being widely used by all participating councils for planning and development of flood prone lands in the catchment of the river.

 

Recently, the Georges River Floodplain Risk Management Committee (which includes the eight councils, the DPIE, SES and the Georges Riverkeeper) initiated a review of the FRMP 2004, which is being led by Fairfield City Council.

 

The first stage of the works has commenced, and a consultant has been engaged and involves a review of existing data and data collection in accordance with the guidelines of the NSW Floodplain Development Manual.  Following completion of the current works, a detailed flood study will be undertaken and subsequently the FRMP will be reviewed and updated. It is expected that the review of the Georges River FRMP will be completed by the 2022-23 financial year subject to grant funding approval.

 

Regarding the recent Georges River Flood Study (BMT, January 2020), the Study was undertaken jointly by Liverpool City Council (LCC) and Canterbury Bankstown City Council (CBCC). The primary objective of the flood study was to develop a flood model with new flood modelling techniques (2D TUFLOW model) to assess the impacts on flood behaviour due to recent developments that have occurred within Liverpool and Bankstown catchment areas since 2004.

 

The 1% AEP (or 1 in 100 year) flood levels in the new model are generally consistent with the currently adopted flood levels across the river. It should be noted that 1% AEP flood level is the basis of development controls for residential and commercial developments across the LGA, as explained in Clause 7.8 of LLEP 2008.  

 

Variation was observed in the probable maximum flood levels (PMF) in the 2020 model. However, as PMF is not the development control criteria for residential and commercial developments and is predominantly used for flood evacuation consideration, it was agreed that the model will be used for flood impact assessment for new developments but that both councils will continue to use the adopted flood levels in the Georges River FRMP 2004, until the current review of the FRMP is completed and adopted by councils.

 

Accordingly, flood impact assessment of the proposed Warwick Farm structure plan was undertaken based on the adopted flood levels of the Georges River FRMP 2004.  

 

2) With respect to the recommendation of the LPP to prepare a feasibility study, Conybeare Morrison International, the consultants who prepared the Warwick Farm racing precinct structure plan and other documents, have provided Council with a fee proposal for the preparation of a feasibility study. The feasibility study would make recommendations as to any required amendments to proposed development standards that would be required to ensure the feasibility of the proposed rezoning.

 

     Council will complete the feasibility study at the same time that the draft structure plan and supporting documentation is on public exhibition. A subsequent report to Council would both respond to submissions received in addition to outlining any proposed amendments to the structure plan, planning proposal and local contributions plan required to ensure the feasibility of the proposal.

 

3) With respect to the LPP’s comment about whether this precinct is the optimum location for additional housing, it is the professional opinion of Council planning staff, that an additional report, demonstrating the merits of the proposed rezoning of the Warwick Farm racing precinct, is not required. The planning proposal and supporting documents and the officer's report to the LPP clearly demonstrate that the proposal has both strategic and site-specific merit and addresses site constraints including flooding and evacuation and includes appropriate mitigation measures that ensure that the flood-prone land may be developed safely and in accordance with the NSW Floodplain Development Manual.

 

4)  The proposed Manning Street bypass is not a matter under consideration regarding the planning proposal. As noted above, all existing/proposed zones along the route of the proposed bypass permit the development of "Roads" with consent. The environmental impacts of the proposed Manning Street bypass would be considered as part of a Review of Environmental Factors (REF) or Environmental Impact Statement (EIS), separately prepared by Council at such time as it resolves to proceed with the construction of the bypass road.

 

     With respect to "changes to ground levels for flood mitigation having regard to vegetation, acid sulfate soils and water table level", it is be noted that:

 

i.   None of the lots identified for flood mitigation purposes (i.e. excavation for compensatory storage purposes) are currently vegetated. All are currently developed for horse training/stabling purposes to varying degrees.

 

ii.  With respect to planning proposals, Ministerial Direction 4.1 Acid Sulphate Soils states:

 

A relevant planning authority must not prepare a planning proposal that proposes an intensification of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the relevant planning authority has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils. The relevant planning authority must provide a copy of any such study to the Director General prior to undertaking community consultation in satisfaction of section 57 of the Act (emphasis added).

         

While an acid sulfate soil study, assessing the appropriateness of the proposed compensatory excavation may be required by DPIE, this need not be undertaken until after the issuing of a Gateway determination, before commencing community consultation. Nothing in the Ministerial Direction prevents Council forwarding the proposal to DPIE for a Gateway determination, prior to commissioning an acid sulfate soils study, which would be both costly and intrusive to undertake.

 

Meanwhile, should any excavation be undertaken on acid sulfate liable soils in the precinct, any works would be required to comply with Clause 7.7 of LLEP 2008.

 

iii.  There are no specific LEP requirements which deal primarily with water table levels. It is noted that Clause 7.7 (2) of LLEP 2008 requires development consent for works with respect to Class 5 Acid Sulphate Soils, where:

 

Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

 

Any potential for excavation to impact the water table could therefore be considered as part of an acid sulfate soil study, should that be required as a Gateway condition by DPIE pursuant to Ministerial Direction 4.1, as discussed above.

 

According to the requirements of State Environmental Planning Policies and Ministerial Directions, as noted in the planning proposal, no additional analysis/studies need be undertaken, prior to submitting the planning proposal to DPIE for a Gateway determination.

 

LEP Review Funding

 

As advised in a memo to Councillors dated 24 June 2020, the DPIE has agreed to allow Council to use LEP review funding, to offset the costs of preparing the Warwick Farm racing precinct structure plan and related documents. The agreement requires that Council consult with public authorities including the Greater Sydney Commission, DPIE and TfNSW.

 

Should Council resolve to publicly exhibit the structure plan, planning proposal and contributions plan according to the requirements of the Community Participation Plan 2019, it is proposed that Council staff will consult with public authorities during that period and respond to any submissions received in the foreshadowed report to Council.

 

Councillor briefing and response to questions

 

On 1 July 2020, a briefing for Councillors was held. Questions taken on notice and the response from staff and consultants, are detailed below:

 

1.   A question was raised regarding whether reducing the amount of open space provided to land within the odour buffer would halve acquisition costs. It was also queried if an opportunity exists to provide compensatory flood storage around the site rather than on the site.

 

Response:

 

Open Space and Compensatory Storage

 

·    The quantum of open space in the Structure Plan is that required for the future population envisaged by the Structure Plan presented to Council. Any substitution of open space by residential development is likely to increase the need for additional open space or an acceptance that Council will reduce the standard provision of open space as a means to reduce contributions.

 

·    The odour buffer to the sewerage works means that for the most part the required open space can sit within the buffer area, where it is recommended that residential development does not occur.

 

·    Figure 4, below, shows the odour buffer superimposed over the Structure Plan and in turn those areas of open space not affected by this constraint. These areas are bordered in red and discussed below.

 

·    There are a small number of areas nominated for open space outside the odour buffer.  These include:

 

-      Open space areas to the north of the buffer zone bordered by the proposed bypass road as it aligns back to Shore Street and Governor Macquarie Drive. The conversion of this land to residential would be in conflict with the reason for the proposed bypass road to take industrial traffic out of and from travelling in front of residential zones.

 

-      Open space areas to the west on the corner of Stroud Avenue and National Street which abuts the proposed alternative bypass route. There may be some scope to consider zoning this land for High Density Residential purposes, but only if Council is agreeable to reduced open space provision.  If the proposed alternative bypass route is realised, then the orientation of development of this land must be carefully considered to avoid conflicts with truck traffic and noise attenuation measures would also be required.

 

-      Land adjacent to Manning Street near the corner of Priddle Street.  This is a small irregular area outside the buffer. It would provide a marginal increase of two lots to add to the Structure Plan for residential use.

 

 

Figure 4: Lots currently designated for open space, which may be developed for residential purposes

Source: Conybeare Morrison International

  

·    The Structure Plan has included the filling of land including roads to provide a flood evacuation route.  At least some of this material can be taken from the proposed open space land as part of its embellishment. 

 

·    The quantum of land proposed for open space is sufficient to provide a source of fill and in turn excavation to ensure compensatory storage required prevent flood impacts elsewhere in the flood catchment.  There is some economy in being able to undertake the earthworks for the embellishment of the open space including also reducing cartage costs to that material suitable for filling the land.

 

·    A reduction in the quantum of open space could lead to either further (deeper) excavations of these areas or compensatory storage off site and outside the Precinct. Deeper excavation will ultimately create further issues in draining these areas, encountering acid sulfate soils and delivering appropriate landform for future recreation activities.

 

Providing land for flood mitigation "off-site"

 

2.   A question was also asked whether it was possible to consider providing land for flood mitigation "off-site".

 

Response:

 

In line with its requirements under the Liverpool Collaboration Area Place Strategy, Council commissioned the drafting of the Liverpool Collaboration Area Place Strategy Flood Constraints Study, which was finalised in May 2020. With respect to the “Munday Street precinct”, which largely coincides with the Warwick Farm racing precinct, the report acknowledges that the land is below the 1:100-year flood level and will require filling, in order for it to be developed. With respect to provision of compensatory flood storage, the report notes the following:

 

New development is generally required to be located on land above the 100-year flood level, and with minimum floor levels at the flood planning level (100-year flood plus 0.5m freeboard). This will require filling of new development sites to raise the area above the 100-year flood. This filling will result in a loss in flood storage and will need to be accompanied by compensatory excavation to ensure that flood levels in [the river and on adjoining properties including] the area behind Governor Macquarie Drive does not increase.

 

Previous investigations for Council (FloodMit, 2007) showed that filling the full Collaboration Area would lead to a loss in flood storage of up to 107,000m3 in a 100-year flood. It is unlikely that compensatory excavation of this amount could be undertaken from a site external to the Munday Street Place Area, and a combination of cut and fill earthworks within new development sites may need to be adopted. This lends itself mostly to larger sites that can be judicially raised (where development is to be located) and lowered (e.g. depressions or water features). Smaller sites may need to be consolidated prior to developing proposals in these areas.(FloodMit p33)

 

Should Council support the principle of providing compensatory flood storage “off-site”, any proposed off-site flood mitigation works would need to be hydraulically modelled and tested to ascertain the suitability of the site for flood mitigation before proceeding.

 

3.   A question was raised querying whether there could be cost savings by relocating the Manning Street bypass to the west of Rosedale Oval as opposed to the east. Savings figures were requested.

 

Response:

 

Council has investigated a proposed alternative route for the Manning Street bypass, utilising existing streets including Stroud Avenue, National Street and Shore Street. The proposed alternative route would need to be a low-speed bypass route for large trucks travelling to and from Governor Macquarie Drive and the Scrivener Street industrial area. The proposed alternative route is depicted in Figure 5 below.

 

Approximate costings are preliminary, but there is the potential for significant cost saving due to significantly reduced land acquisition and reduced costs associated with the construction of a retaining wall for the road.

 

Figure 5: Alternative route for Manning Street bypass via existing roads: Stroud Avenue, National Street and Shore Street.

Source: Liverpool City Council

 

Details of the proposed alternate route, road and intersection treatments and land acquisition requirements for the proposed alternative Manning Street bypass route are provided in Attachment 9.

 

It is recommended that details of the proposed alternative route of the Manning Street bypass be exhibited with the structure plan for 28 days for public consideration.

 

While the route of the proposed Manning Street bypass is not part of the planning proposal to rezone the Warwick Farm racing precinct, it is nevertheless a significant infrastructure investment, which will facilitate the redevelopment of the precinct.

 

4.   A question was raised querying whether flood mitigation works could be provided off-site at Coopers Paddock on Governor Macquarie Drive.

 

Response:

 

To mitigate the adverse cumulative impacts of filling of flood prone lands (increased flood levels, flow velocities), compensatory excavation is provided at each development site. Council has adopted this principle and it has been found to be effective in mitigating adverse impacts of filling of flood prone lands.

 

Coopers Paddock is situated on very low lying (between 2-4 m AHD) land downstream of the Warwick Farm racing precinct. It is affected by Class 2 Acid Sulphate Soils, zoned as E2 Environmental Conservation and largely vegetated by an endangered ecological community.

 

It has been Council practice to provide necessary compensatory flood storage within the vicinity of the development. A complex hydraulic assessment would need to be undertaken to confirm the hydraulic performance of the offsite detention to effectively mitigate the flood risk associated with the filling of the flood affected land.

 

Coopers Paddock may not be an appropriate location for compensatory excavation to balance required fill for flood mitigation required for the redevelopment of the Warwick Farm racing precinct. However, Council would need to undertake extensive investigation, including environmental impact assessment and hydraulic modelling, to assess the suitability of the location for flood mitigation works.

 

5.   A question was raised querying whether any Aboriginal significance is present on the land around the proposed bypass road, in addition to claims of Crown Land.

 

 

 

 

Response:

 

The Aboriginal Claim Assessment Team, from DPIE, confirm that Lot 7001 DP 1027994 (Rosedale Park) is subject to an undetermined Aboriginal Land Claim 42491 lodged with the Aboriginal Land Rights Registrar by New South Wales Aboriginal Land Council on the 19 December 2016.

 

Council is seeking to establish a protocol with Gandangara Local Aboriginal land Council in dealing with these claims in the future.

 

A Native Title request has been lodged over some land in Liverpool City Council (around Pleasure Point/Voyager Point), but not including Rosedale Park.

 

Consultation

 

Section 10 of the Liverpool Community Participation Plan (CPP) 2019 states the following:

 

For large scale planning proposals, Council will also exhibit the planning proposal for 28 days prior to a Council decision on whether to endorse the planning proposal for a Gateway determination. Feedback from the community will be incorporated into a report to Council.

 

It is recommended that Council places the draft structure plan, planning proposal, local contributions plan and supporting documents on public exhibition for 28 days.

 

Conclusion

 

Pursuant to Council resolution EGROW 02 of 11 December 2019, Council engaged consultants to draft a structure plan to support the rezoning of the Warwick Farm racing precinct for a mix of uses, including B4. The Warwick Farm structure plan and associated planning proposal and draft amendment to the Liverpool Contributions Plan 2009, will facilitate the urban redevelopment of the Warwick Farm racing precinct and the development of more than 2,250 dwellings, 24,000 m² of commercial floor space and necessary supporting infrastructure.

 

The proposal has both strategic and site merit. Concerns raised by the LPP in its advice to Council, have been thoroughly addressed in the body of this report.

 

It is recommended that Council place the draft structure plan, planning proposal, local contributions plan and supporting studies on public exhibition for 28 days, in line with the requirements of Council’s Community Participation Plan 2019.

 

 

 

It is proposed that as part of the public exhibition, the two potential routes for the Manning Street bypass (i.e. the route to the east of Rosedale Oval, intersecting Horseshoe Lagoon and that to the west, using the existing Stroud Avenue, National Street and Shore Street) both be exhibited.

 

It is also recommended that Council undertake a feasibility study to support the proposed rezoning of the Warwick Farm racing precinct. 

 

At the conclusion of the public exhibition, Council will receive a further report detailing any submissions received and any amendments proposed to the structure plan, planning proposal and/or local contributions plan. Council would then be at liberty to amend the planning proposal (if required) and to resolve to forward the planning proposal to DPIE for a Gateway determination.

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

Promote an integrated and user friendly public transport service.


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.

Risk

The risk is deemed to be Low.

The risk is considered within Council’s risk appetite.

 

 

ATTACHMENTS

 

1.         Draft Planning proposal (Under separate cover)

2.         Flood Impact Assessment (Under separate cover)

3.         Traffic Impact Assessment (Under separate cover)

4.         Community Needs Assessment (Under separate cover)

5.         Draft Liverpool Contributions Plan 2009 Amendment (Under separate cover)

6.         Draft Structure Plan (Under separate cover)

7.         Planning Assessment Report to Local Planning Panel (Under separate cover)

8.         Local Planning Panel Advice (Under separate cover)

9.         Proposed Bypass Alternative Route (Under separate cover)  


0

Ordinary Meeting

26 August 2020

City Economy and Growth Report

 

EGROW 02

Report back - Consideration of implementing a Development Assessment Compliance Policy

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

184343.2020

Report By

Nada Mardini - Manager Community Standards

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

Council resolved on 24 June 2020 to investigate implementing a compliance policy dealing with issues raised by residents relating to matters privately certified or relating to the Environment Protection Authority (EPA).

 

Council in 2019 flagged the possibility of initiating proactive building inspections where Council is not the appointed certifier.  This was referred to the Audit, Risk and Improvement Committee (ARIC) who expressed concerns if Council took responsibilities which are currently being regulated by other bodies.  Advice was also received from Council’s Operational Risk and Insurance Coordinator that indicates that Council’s insurance policy would not cover Council staff carrying out such work.

 

In addition, recent changes to the certification legislation has placed responsibility for registration and disciplining of certifiers with the Commissioner of Fair Trading.  Under this legislation, the certifier must by law deal with non-compliance with a development site.

 

The Protection of the Environment Operations Act 1997 states that the EPA is the appropriate regulatory authority for the purposes of the Act except in limited circumstances.

 

Council has an adopted Enforcement Policy which details how Council undertakes its enforcement activities. Given recent legislative changes, and Council’s current policy, a separate development assessment compliance policy is not considered necessary or appropriate.

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

REPORT

 

Council resolved on 24 June 2020 to:-

 

1.   Investigate implementing a development assessment compliance policy dealing with compliance issues raised by residents irrespective of whether it is a Private Certifier, Private Certifying Authority or Environmental Protection Authority issue; and

 

2.   A report to be brought to the August 2020 Council meeting addressing issues related to implementing such a policy including budgetary implications.

 

Council in 2019 flagged the possibility of initiating proactive building inspections where Council is not the appointed certifier.  At the Council meeting on 31 July 2019, Council resolved that proactive building inspections be referred to the Audit, Risk and Improvement Committee (ARIC) for advice.

 

On 18 October 2019, ARIC received a report on the risks associated with proactive monitoring of private certified developments.  In relation to this report the ARIC minutes state that:

 

The Chairperson expressed concerns that if Council took responsibilities which are currently being regulated by other bodies, it may expose Council to additional risks that fall outside Council’s current function under the Act.

 

The ARIC recommended:

 

1.   Caution proceeding toward acting as a regulator within such an environment; and

 

2.   Recommend that Council acts to work with the industry and the Building Commissioner to advance progress in this area.

         

Council’s Manager Community Standards is representing Liverpool City Council on workshops conducted by David Chandler, NSW Building Commissioner considering reforms to the Building Industry.

 

In addition, recent changes to the certification legislation through the commencement of the Building and Development Certifiers Act 2018 and regulations clarifies the obligation of registered certifiers and increases penalties for offences under the Act.  This new legislation commenced on 1 July 2020.  Under this legislation, the Commissioner for Fair Trading is now responsible for the new regime including registration and disciplining of certifiers.

 

Following the new legislation, Fair Trading recently released information about registered certifiers which states the following:

 

If the principal certifier becomes aware of a non-compliance with the development approval, the certifier must, by law, issue a direction to you and/or the builder, requiring the non-compliance to be addressed.  If it is not, the certifier must notify the Council which may take further action.

 

The certifier is also required to respond appropriately if a complaint is made about the development.

 

Given the above recommendation by ARIC and NSW Fair Trading recent releases, it is not for Council to investigate or inspect development where Council is not the Principal Certifier.  However, Council under legislation has a role if notified by the Certifier that non-compliance is not addressed by the builder/applicant. Council then takes over the process, investigates the issue and if established that a non-compliance exists, a notice under the Environmental Planning and Assessment Act is issued.  The notice is then followed by an order and if the order is not complied with legal action will be taken. Council’s current Enforcement Policy applies in this instance (Attachment 1).

 

In addition, Council’s Operational Risks and Insurance Coordinator, has advised Council’s insurance policy would not cover Council staff monitoring private certifiers and inspecting buildings for which Council has no specific legislative statutory obligation to inspect.

 

Section 6 of the Protection of the Environment Operations Act 1997 (POEO Act) sets out the appropriate regulatory authority for enforcement under the POEO Act.  Subsection (1) states that “The EPA is the appropriate regulatory authority for the purposes of the Act” except in limited circumstances. Given the limitation set under the POEO Act, Council cannot investigate matters where the appropriate regulatory authority is the EPA.

 

Given recent legislative changes, and Council’s current Enforcement Policy, a separate development assessment compliance policy is not considered necessary or appropriate.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

Manage the environmental health of waterways.

Manage air, water, noise and chemical pollution.

Enhance the environmental performance of buildings and homes.


Social

There are no social and cultural considerations.


Civic Leadership

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

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

Legislative

Environmental Planning & Assessment Act 1979

Environmental Planning & Assessment Regulation 2000

Protection of the Environment Operations Act 1997

Development Certifiers Act 2018

Development Certifiers Regulation 2020

Risk

The risk is deemed to be Low.

The risk is considered within Council’s risk appetite.

 

 

ATTACHMENTS

 

1.         Enforcement Policy (Under separate cover)  


0

Ordinary Meeting

26 August 2020

City Economy and Growth Report

 

EGROW 03

Post Exhibition Report - Liverpool Local Environmental Plan 2008 Amendment 71 - Rezoning of certain lands in Prestons for Environmental Conservation

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

203447.2020

Report By

Luke Oste - Executive Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

On 7 February 2018, Council resolved to provide in-principle support to rezone Lot 10 DP 1003837 and Part Lot 11 DP 1228445 from IN3 Heavy Industry to E2 Environmental Conservation.

 

A planning proposal (Liverpool Local Environmental Plan 2008 Draft Amendment 71) was prepared and submitted to the Department of Planning, Industry and Environment (DPIE) for a Gateway determination in accordance with Council’s resolution. A Gateway determination was issued by DPIE on 7 May 2018. The planning proposal was publicly exhibited from 23 May 2018 to 20 June 2018. Four submissions, two in support and two in opposition were received. 

 

On 12 December 2018, a post exhibition report was considered by Council. Council resolved to defer finalisation of the planning proposal until the NSW Land and Environment Court (LEC) had finalised proceedings in relation to appeals on development applications (DA) for the sites that are to be rezoned. The Court has now issued judgments on both applications, dismissing the appeals and refusing the development applications.

 

This report details the post-Gateway actions that have been undertaken, including consultation, and recommends that Council finalises the planning proposal and delegates to the A/CEO (or his delegate) authority to liaise with the Department of Planning, Industry and Environment and the Parliamentary Counsel’s Office to finalise the Amendment.

 

 

 

 

RECOMMENDATION

 

That Council:

 

1.   Notes the judgements of the Land & Environment Court relating to development applications on the subject sites;

 

2.   Notes the Gateway determination (and Gateway alterations) for Liverpool Local Environmental Plan 2008 Amendment 71 and the submissions received;

 

3.   Proceeds with Amendment 71 and delegates authority to the A/CEO (or his delegate) to liaise with the NSW Parliamentary Counsel’s Office and the Department of Planning, Industry and Environment to finalise the amendment; and

 

4.   Notify the submitters of Council’s decision.

 

 

REPORT

 

Background

 

At its meeting on 7 February 2018, Council resolved to:

 

1. Provide in-principle support for the rezoning of Lot 10 DP 1003837 and Lot 11 DP 1228445 from IN3 Heavy Industry to E2 Environmental Conservation; and

 

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

 

A planning proposal (Liverpool Local Environmental Plan 2008 Amendment 71) was prepared and submitted to DPIE for a Gateway determination. A Gateway determination was issued by the Department on 7 May 2018. The planning proposal was publicly exhibited from 23 May 2018 to 20 June 2018. Four submissions, two in support and two in opposition were received. 

 

On 12 December 2018, a post-exhibition report was considered by Council (Attachment 1). Council resolved to defer finalisation of the planning proposal until the NSW Land and Environment Court (LEC) had finalised proceedings in relation to appeals on development applications (DA) for the sites that are to be rezoned (Attachment 2). The Court has now issued judgments on both applications, dismissing the appeals and refusing the development applications.

 

Site Description

 

The sites subject to the planning proposal are located within the Prestons industrial estate, and known as 36 Lyn Parade, Prestons (Lot 10 DP 1003837) and Part Lot 11 Progress Circuit, Prestons (Part Lot 11 DP 1228445), depicted in Figure 1. The western section of Lot 11, not included in this proposal, is zoned SP2 (Drainage), indicating its primary purpose as a riparian buffer and drainage basin for Maxwell’s Creek.

 

Figure 1 – Aerial Map of Subject Sites (Near Map)

 

These two vegetated sites have high ecological significance and have been encumbered by an existing Section 88B instrument under the Conveyancing Act 1919 that does not permit development on the land.

 

Planning Proposal

 

The planning proposal (also known as Liverpool Local Environmental Plan Draft Amendment 71) proposes changes to the planning controls as listed in Table 1.

 

Table 1 – Current and proposed controls for the subject sites.

Control

Current

Proposed

Zoning (LZN)

IN3 Heavy Industrial

E2 Environmental Conservation

Maximum height of building (HOB)

30m

N/A

Minimum lot size (LSZ)

2000m2

N/A

 

The rationale behind Amendment 71 is to provide protection for sites that contain endangered ecological communities and threatened species, in particular Acacia pubescens. Furthermore, the two sites are both burdened by Section 88B instruments under the Conveyancing Act 1919 that require:

 

·    For Lot 10 DP 1003837, the permanent protection and management of the site through a conservation management plan and that any development of the site is prohibited; and

·    For Lot 11 DP 1228445, no alteration of native vegetation and the land to be retained as bushland and managed through a management plan.

 

The rezoning of this land will ensure consistency between the restriction on title, and the land use planning controls. There is no actual loss of employment land as development on the subject sites is not permitted due to the respective restrictions on title through the s88B Instruments.

 

Despite the s88B Instruments applying to the site, development applications (DAs) have been lodged with the intention of removing the vegetation on 36 Lyn Parade (DA-1250/2016) and Lot 11 Progress Circuit (DA- 734/2018). The refusal, or deemed refusal of the respective DAs by Council, resulted in Land and Environment Court proceedings which are detailed within this report. The Court has issued judgments for both application by refusing the applications.

 

The rezoning will not only provide greater legislative protection for the high ecological value of the two sites, but also reduces uncertainty that may result from the misalignment of the s88B instruments and zoning.

 

Gateway determination

 

DPIE issued a Gateway Determination on 7 May 2018 (Attachment 4). The Gateway conditions required Council to undertake a number of actions, including:

 

·    Publically exhibit the proposal and relevant documentation for a minimum of 28 days; and

·    Provide a minimum of 21 days to the following public authorities to comment on the proposal:

o NSW Office of Environment and Heritage;

o NSW Office of Environment and Heritage – Heritage Division;

o NSW Rural Fire Service;

o NSW Department of Industry; and

o Australian Department of the Environment and Energy.

 

The Gateway determination also authorised Council as the local plan-making authority to make LLEP Amendment 71.

 

On 1 November 2018, DPIE altered the Gateway Determination to require the inclusion of “a savings provision to ensure that the proposed amendments do not affect any development applications or appeal processes”. The planning proposal was amended to reflect this change (Attachment 5). The purpose of this amendment is to ‘save’ any development approvals that may be granted by the Land and Environment Court stemming from the legal proceedings in relation to the DA at Lot 11 Progress Circuit. As Council deferred consideration of this planning proposal, until after the Court issued judgments on these appeals, and the fact the Court has refused both DAs, this Clause may no longer be required. This will be confirmed by DPIE during finalisation of the amendment.

 

Public authority consultation

 

In accordance with the Gateway determination, a copy of the relevant documentation was forwarded to the specified public authorities for comment from 10 May 2018 to 8 June 2018. Summaries of each submission and the officer response are listed in Table 2 and original copies are included in Attachment 6. No changes are required as a result of public authority consultation.

 

Table 2 – Public authority submissions and officer response.

Public authority

Summary of submission

Officer comments

NSW Office of Environment and Heritage

Support for the planning proposal and the additional environmental protection for the endangered ecological communities and threatened species on the site.

No response required.

NSW Office of Environment and Heritage – Heritage Division

Noted. No objections raised.

No response required.

NSW Rural Fire Service (RFS)

Noted. No objections raised.

The planning proposal seeks to rezone bushfire prone land. In accordance with Section 9.1 Ministerial Direction 4.4 Planning for Bushfire Protection, Council must obtain written advice from the RFS that notwithstanding any non-compliance with the direction, the RFS does not object to the progression of the planning proposal. The letter indicating the RFS has no objection provides this written advice.

NSW Department of Industry

No comments received.

No response required.

 

 

 

Community consultation

 

In accordance with the Gateway determination, the planning proposal and relevant documents were placed on public exhibition from 23 May 2018 to 20 June 2018. Notices were placed on Council’s website and the Liverpool Leader and letters were sent to the two affected landowners and neighbouring landowners and occupiers. Four submissions were received, two in support and two in objection. The two objections were from the landowners of the respective sites. Summaries of each submission and the officer response are listed in Table 3 and original copies are included in Attachment 7. An independent peer review of one of the objections was also undertaken (Attachment 8). No changes are proposed as a result of community consultation.

 

Table 3 – Community submissions and officer response (O: Objection, S: Support)

No.

Summary of submission

Officer comments

O1

Financial burden of owning the property and unable to sell land despite no benefit to landowner

The subject site was an ecological offset site as part of the previous industrial subdivision of the parent lot. The original development consent required the concurrence of the National Parks and Wildlife Service in order for the subdivision application to be approved. As a result, 4.4ha of native vegetation was protected and its ongoing protection was secured by an s88B Instrument.

Requests Council to purchase property

Council is under no obligation to purchase the site and the landowner is required under the s88B Instrument to maintain the site.

S1

Support for the preservation of the endangered Acacia Pubescens

Support noted.

Potential for the sites to be educational demonstration areas and viable seedbank for future regeneration work throughout the LGA

S2

Support for the protection of the last piece of native bushland between Brickmakers and Cabramatta Creeks providing corridor of habitat for fauna and flora including endangered Acacia Pubescens.

Support noted.

O2

Site purchased for the express purpose of developing site for industrial purposes.

The subject site was offset as part of the industrial subdivision. The s88B Instrument was signed by the current landowner and they have already commercially benefited from the clearing of native vegetation for industrial development.

Outline of a hypothetical industrial development scenario which would achieve commercial viability

A Species Impact Statement (SIS) has been submitted to support the proposed development scenario.

The submitted SIS was independently peer reviewed by a SIS consultant engaged by Council. The review found that the submitted SIS fails to comply with several Office of Environment and Heritage (OEH) Chief Executive’s Requirements (CER). It was also found that the SIS makes no reference to the site history or any details of the existing s88B covenant. 

 

Based on the result of the peer review, the SIS provides insufficient information to substantiate the argument that the proposed rezoning of the subject land to E2 — Environmental Conservation should not go ahead.

If no development occurs, the vegetation will degrade.

The s88B instrument, to which the landowner is a signatory, requires the landowner to manage and retain the vegetation in accordance with the Vegetation Management Plan. Should vegetation degradation occur, this is a violation of the underlying development consent and s88B instrument and enforcement action can be taken.

 

Court Proceedings

 

Since the deferral of this matter by Council in December 2018, the NSW Land and Environment Court (LEC) proceedings have now been finalised. The following provides a summary of the court proceedings on both sites.

 

·    Timpag Investments Pty Limited v Liverpool City Council [2018] NSWLEC 1296 – This court case applied to 36 Lyn Parade and was a Class 1 appeal against Council’s refusal of DA-1250/2016. This DA sought consent for the clearing of vegetation, site levelling and earth works for a warehouse. The judgement of the LEC dismissed the appeal and upheld the refusal on 20 June 2018. This judgement is provided at Attachment 9

 

·    Denoci Pty Limited v Liverpool City Council [2019] NSWLEC 1643 – This Court case was active when Council deferred its consideration of the post-exhibition Council report in December 2018 in relation to 11 Progress Circuit. The Court issued its judgement on 24 December 2019. This was a Class 1 appeal against Council’s deemed refusal of DA-734/2018. This DA sought consent for site earthworks and the removal of vegetation to accommodate a future footprint for two warehouse buildings. The Commissioner of the Court dismissed the appeal and determined by refusal the DA on 24 December 2019. This judgement is provided at Attachment 10.

 

·    Denoci Pty Ltd v Liverpool City Council [2020] NSWLEC 102 – Following the judgement that refused DA-734/2018, the applicant appealed this decision from the Commissioner of the Court and sought a final decision from a Judge at the LEC. Justice Brian J Preston dismissed this appeal from the applicant in his decision on 30 July 2020. This judgement is provided at Attachment 11.

Alterations to Gateway determination

 

Given the numerous court cases and subsequent delays in finalising the planning proposal, the Department of Planning, Industry and Environment (DPIE) issued a number of Gateway alterations to extend the timeframe for finalising Amendment 71. Below is summary of these Gateway alterations since the post-exhibition report was considered by Council in December 2018:

 

·  Extension until 6 December 2019 – Granted on 5 June 2019;

 

·  Extension until 6 May 2020 – Granted on 15 December 2019 ; and

 

·  Extension until 6 November 2020 – Granted on 7 July 2020.

 

These Gateway alterations are compiled with the original Gateway determination (Attachment 4).

 

Conclusion

 

The Gateway requirements, including consultation for Draft Amendment 71 have been satisfied, submissions received have been addressed and the planning proposal has been updated as required by the gateway determination. Council deferred the post-exhibition report due to the court proceedings underway at the 12 December 2018 Council meeting. Since this Council decision, the Court has finalised all appeals relating to the subject sites and confirmed the refusal of each DA. Therefore, Council can now proceed to finalise this planning proposal.

 

This report recommends that Council proceeds with Amendment 71 and liaises with the Parliamentary Counsel’s Office and DPIE for the amendment to be gazetted.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

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


Social

There are no social and cultural considerations.


Civic Leadership

Act as an environmental leader in the community.

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

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

Legislative

Environmental Planning and Assessment Act 1979

Conveyancing Act 1919

Risk

The risk is considered to be Low.

The risk is considered within Council’s risk appetite.

 

 

ATTACHMENTS

 

1.         Post-exhibition Council report - 12 December 2018 (Under separate cover)

2.         Council Resolution - 12 December 2018 (Under separate cover)

3.         Council Resolution - 7 February 2018 (Under separate cover)

4.         Gateway determination and alterations (Under separate cover)

5.         Planning Proposal LLEP 2008 Amendment 71 (Under separate cover)

6.         Public Authority Submissions (Under separate cover)

7.         Community Submissions (Under separate cover) - Confidential

8.         Independent Peer Review of Species Impact Assessment (Under separate cover)

9.         Judgement of Land & Environment Court – Refusal of DA-1250/2016 at 36 Lyn Parade, Prestons (Under separate cover)

10.       Judgement of Land & Environment Court – Refusal of DA-734/2018 at 11 Progress Circuit, Prestons (Under separate cover)

11.       Judgement of Land & Environment Court – Upheld Refusal of DA-734/2018 at 11 Progress Circuit, Prestons (Under separate cover)  


0

Ordinary Meeting

26 August 2020

City Economy and Growth Report

 

EGROW 04

Status update on planning proposal requests in Moorebank

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

204535.2020

Report By

Luke Oste - Executive Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

At Council’s ordinary meeting on 29 July 2020, Council considered item EGROW 03 concerning a planning proposal request to rezone land from RE2 (Private Recreation) to R3 (Medium Density Residential) at 146 Newbridge Road, Moorebank (Attachment 1).

 

In addition to adopting the recommendations relating to the planning proposal request, it was resolved that Council:

 

Receive a further report with a status update on all the outstanding planning proposals from Moorebank at the August 2020 Council meeting.

 

This report has been prepared to provide a status update on all outstanding planning proposals within Moorebank in accordance with this resolution. A description of and status update for the following planning proposal requests is provided:

 

·    LEP Review Phase 1 (RZ-14/2015) relating to the Moorebank Town Centre R4 zoning;

 

·    Moore Point (RZ-6/2015) – Joint Owners Group Proposal (JOP) – Coronation Property and Lemac Property Group;

 

·    Moore Point (RZ-4/2018) – Rose Group / Fortis;

 

·    Site A Moorebank East (RZ-9/2017) – ‘Georges Cove Village’;

 

·    Site B Moorebank East (RZ-4/2017) – ‘Flower Power’;

 

·    Site C Moorebank East (RZ-1/2019) – ‘Georges Cove’;

·    Site D Moorebank East (RZ-5/2018) – ‘Georges Cove Marina’; and

 

·    Site E Moorebank East (RZ-2/2020) – Lot 6 Newbridge Road.

 

A status update of all planning proposal requests, and other strategic planning projects is also provided to Councillors quarterly at the Strategic Panel meeting.

 

RECOMMENDATION

 

That Council receives and notes this report.

 

 

REPORT

 

Background

 

At Council’s ordinary meeting on 29 July 2020, Council considered a planning proposal request to rezone land from RE2 (Private Recreation) to R3 (Medium Density Residential) at 146 Newbridge Road, Moorebank. Council supported this planning proposal request (RZ-1/2019) proceeded to a Gateway determination. In addition to adopting the recommendations relating to the planning proposal request, Council also resolved that Council:

 

Receive a further report with a status update on all the outstanding planning proposals from Moorebank at the August 2020 Council meeting.

 

This report has been prepared to provide a status update on all outstanding planning proposals within Moorebank in accordance with this resolution.

 

LEP Review Phase 1 – Moorebank Town Centre Component

 

A planning proposal for the LEP Review Phase 1 involves numerous changes to the LEP applying across the Liverpool Local Government Area (LGA). Of relevance to this report are changes proposed to the LEP in Moorebank to rezone portions of the existing R4 (High Density Residential) zone to R3 (Medium Density Residential) along with associated amendments to development standards. Public consultation on this planning proposal occurred from 10 June to 21 July 2020.

 

The LEP Review Phase 1 Post Exhibition report is on the Agenda for this Council meeting. The funding agreement for the LEP review requires Council to finalise this planning proposal and to submit it to the Department of Planning, Industry & Environment (DPIE) for gazettal by 31 August 2020.

 

Moore Point

 

The Moore Point precinct (otherwise known as Georges River North) refers to a number of sites totaling 38.5 hectares direct to the east of the Liverpool City Centre bounded by the Georges River, Newbridge Road, Haigh Park, Lake Moore and McMillan Park. The precinct is currently zoned IN2 (Light Industrial).

 

This precinct is identified in Council’s Local Strategic Planning Statement (LSPS) as a future urban renewal area and states that Council will ‘investigate residential/mixed use at Moore Point to support the CBD and Innovation Precinct’. The timeframe provided in the LSPS to progress planning is in the short-medium term (2020-2025).

 

Figure 1 –Precinct location (LSPS, Connected Liverpool 2040)

 

The precinct has been subject to numerous planning proposals over the past five years. To appropriately manage future planning for this area, Council advised the major landholders in the area that a precinct wide approach to planning was necessary, supported by a comprehensive urban design study and structure plan to guide development.

 

Joint Landowner Group Proposal – RZ-6/2015

 

The applicants planning proposal justification report is provided at Attachment 2. A joint landowner group, comprising Leamac Property Group and Coronation Property, which collectively owns the majority (32 hectares;~83%) of the Moore Point precinct, submitted a revised planning proposal request for their landholdings on 15 April 2020, which was accompanied by an Urban Design Study, including illustrative master plan, for the entire precinct to guide future planning and development.

 

Figure 2 – Precinct boundary and land ownership. The land indicated in yellow and blue is subject to RZ-5/2016 Planning Proposal (SJB Urban).

 

Figure 3 – Moore Point illustrative master plan

The revised planning proposal request submitted by the JLG replaces previous planning proposal RZ-6/2015 and the JLG also withdrew all other previous site-specific proposals lodged by the proponents.

 

The revised planning proposal request seeks the following amendments to the Liverpool Local Environmental Plan 2008:

 

·    Rezone the site from IN2 (Light Industrial) to B4 (Mixed Use) and B6 (Enterprise Corridor);

 

·    Increase the maximum floor space ratio to 4.2:1 and 3.5:1;

 

·    Increase the maximum height of buildings from 18m and 15m to RL 136 and RL 108; and

 

·    Introduce Division 1A into the LEP to provide site specific development controls for the site including design excellence, sun access controls, and requirements for preparation of a site-specific development control plan.

 

In its entirety, the illustrative master plan for the precinct would allow for 1,256,559m2 of residential GFA, equating to around 14,783 dwellings, and 344,499m2 of mixed-use employment floor space. Owing to the large scale of the planning proposal request it is expected that development would be staged over a 30-40-year period.

 

Council has established three collaborative working groups with the Joint Landowner Group, State Government stakeholders (including Greater Sydney Commission, Transport for NSW and DPIE) and relevant consultants to resolve planning and transport issues. The working groups, which meet monthly, include:

 

·    A transport infrastructure working group, to oversee strategic transport modelling being conducted for the entire Liverpool Collaboration Area. The group involves representatives from Council, the JLG, Transport for NSW, DPIE, the Greater Sydney Commission, and consultants;

 

·    A placemaking working group, to collaboratively assess place-led opportunities to ensure the precinct vision is delivered based on world’s best practice. The group involves representatives from Council, the JLG and independent advisors to Council and the JLG; and

 

·    A statutory planning working group, to resolve planning issues associated with the planning proposal prior to sending the proposal to the Local Planning Panel, Council for consideration and DPIE for a Gateway review. The group includes representatives from Council, the JLG, and independent advisors to the JLG.

 

As well as working through issues as part of the working groups, from April-July 2020 Council staff conducted extensive internal consultation on the planning proposal request. This informed a ‘Request for Information’ letter that was provided to the proponents on 3 August 2020. The proponents are currently responding to the issues raised during Council’s assessment.

 

The planning proposal request timeline since lodgment is summarised in Table 1 below:

 

Table 1 – Moore Point (RZ-6/2015) timeline

Timeline

Date

Milestone/Event

05/06/2015

Original planning proposal request lodged with Council.

14/12/2016

Council resolved to defer consideration of the planning proposal request in order to enter into a collaborative working relationship with the proponent to determine the appropriate controls, including height and FSR, to apply to the precinct.

14/04/2020

Proponents present their vision for the site to Councillors at the Strategic Panel meeting.

15/04/2020

Council receives an amended planning proposal request covering 32 ha of the Moore Point area, with other planning proposals on the subject land withdrawn.

24/04/2020

Internal referrals commenced

03/08/2020

Assessment of proposal completed and request for additional information letter sent to proponent

 

In accordance with Council’s resolution of 29 July 2020 and the requirements of the Liverpool Community Participation Plan (CPP), the planning proposal request is currently on public exhibition for 28 days.

 

Council is awaiting additional information that was requested to complete the assessment of the planning proposal request. Following completion of the assessment, advice will be sought from the LPP and then a report will be prepared for Council’s consideration.

 

Rose Group/Fortis (RZ-4/2018) – 335-349 Newbridge Road

 

Council has received a second planning proposal request in the Moore Point precinct, covering two lots at 335-349 Newbridge Road. The proposal was received on 19 June 2019 and replaces an earlier proposal received on 13 June 2018, following acquisition of an additional lot. The applicants planning proposal justification report is provided at Attachment 3.

 

Figure 4 – Subject site in red

 

The planning proposal request seeks the following amendments to the Liverpool Local Environmental Plan 2008:

 

·    Rezone the site from IN2 (Light Industrial) to B4 (Mixed Use);

·    Adopt a non-residential floor space ratio of 0.4:1;

·    Increase the maximum floor space ratio to 3.2:1; and

·    Increase the maximum height of buildings to 60m.

 

The proposal seeks to provide approximately 45,650m2 of GFA that would account for a total of 536 dwellings, and 6,300m of commercial floorspace on a total site area of 16,207m2.

 

This planning proposal request is currently under assessment and Council has engaged with the proponent on the structure planning work undertaken by the JLG and is currently undertaking internal consultation on the proposal.

 

The planning proposal timeline since lodgment is summarised in Table 2 below:

 

Table 2 – Rose Group/Fortis (RZ-4/2018) timeline

Timeline

Date

Milestone/Event

13/06/2018

Initial planning proposal request lodged for 337-349 Newbridge Road received by Council.

19/06/2019

Updated planning proposal request received following acquisition of adjoining property 335 Newbridge Road.

14/07/2020

Council meets with proponents to discuss planning proposal request and Urban Design Study developed for the precinct by JLG proponents

07/08/2020

Council receives formal feedback on Urban Design Study from the proponents

10/08/2020

Internal referrals

 

In accordance with Council’s resolution of 29 July 2020 and the requirements of the Liverpool Community Participation Plan (CPP), the planning proposal request is currently on public exhibition for 28 days and is under assessment.

 

Following completion of the assessment, advice will be sought from the LPP and then a report will be prepared for Councils consideration.

 

Moorebank East Precinct – Site and Locality Description

 

The Moorebank East Precinct is a collection of sites that are largely undeveloped located along the western bank of the Georges River on the eastern border of the Liverpool LGA. The precinct is bounded by the following:

 

·    North – Newbridge Road initially, and then the Chipping Norton industrial estate. To the north-west is the Chipping Norton residential area. To the north-east is a significant expanse of green space including Riverside Park.

 

·    South – Brighton Lakes Golf Club initially, and then the M5 South-West motorway. To the south-west is the Brighton Lakes residential development.

 

·    East – The site is bound by the Georges River, with the Canterbury Bankstown LGA on the east side of the river. To the north-east is the Davy Robinson Park and Boat Ramp, as well as some residential development that is covered by the Moorebank Voluntary Acquisition Scheme. Milperra is located on the east side of the river, with significant open and green space located in proximity to the precinct.

 

·    West – Wurrungwuri Reserve initially and then Brickmakers Drive. To the west of Brickmakers Drive is the Georges Fair residential area and Moorebank Town Centre approximately 1km west from the subject precinct.

 

Figure 5 – Context Map of the Subject Precinct (Source: Near Map)

 

The precinct has been divided into five distinct sites in accordance with the varying developments being proposed as part of both planning proposal requests and development applications (DA’s). For simplicity, each distinct site within the precinct is identified this way within this report and planning documentation. These are visually represented in Figure 6 below.

 

Figure 6 – Aerial Map of the Subject Precinct and Sites A – E (Source: Near Map)

 

Moorebank East Precinct – Structure Plan

Given the number of planning proposal requests in this area and the resulting complexity of the scale of development proposed, Tract Consultants were engaged by Council to prepare a high-level strategic plan to guide planning within the precinct.

 

Following collaboration between Tract Consultants and the proponents for each site, a structure plan was prepared as is illustrated in Figure 7 below. It should be noted that Site E was not included in the structure plan as no planning proposal had been lodged at the time this plan was prepared.

 

Figure 7 – Draft Structure Plan Moorebank East (Source: Tract Consultants)

 

A site description, proposal summary, and timeline is provided for each planning proposal request within the subject precinct below.

 

Site A (RZ-9/2017) – Georges Cove Village

 

The applicants planning proposal justification report is provided at Attachment 4.

 

Site A is located within the broader 146 Newbridge Road lot which is legally described as Lot 7 DP 1065574. This site is an irregular shaped allotment that is approximately 10,700m2 in size. The site adjoins Newbridge Road to the north and has been used for extractive and recycling operations since a development consent was issued in 1992. The site currently contains some stockpiled soils and construction materials.

 

The planning proposal request originally submitted sought to enable:

 

·  97 seniors housing apartments;

·  65 dwellings;

·  9 serviced apartments; and

·  Neighbourhood retail and commercial facilities including a childcare centre, medical centre, grocery shops and a gym.

Following the preparation of the Moorebank East Structure Plan, a revised planning proposal request was submitted which now seeks to enable:

 

·  126 dwellings;

·  Medical centre; and

·  4,200m2 retail floorspace.

 

Figure 8 – Site A (Georges Cove Village) Concept Design Extract (Source: Rothelowman)

 

 

The proposed amendments to the LEP include:

 

·  Increasing the height of buildings development standard (HOB) from a maximum of 15m to 25m;

·  Increasing the floor space ratio (FSR) development standard from a maximum of 0.75:1 to 1.2:1; and

·  Including a Schedule 1 amendment to permit ‘health care facility’ (medical centre) and 4,200m2 of retail.

 

The timeline of the planning proposal request since lodgment is summarised in Table 3:

 

Table 3 – Site A (RZ-9/2017) timeline

Timeline

Date

Milestone/Event

18/10/17

Planning proposal request lodged and received by Council.

02/11/17

Letter received from NSW State Emergency Services (SES) with concerns surrounding flooding and evacuation for Site D (Marina proposal) within the site.

18/01/18

Internal referrals

11/01/18

Tract Consultants engaged to provide a merit assessment of the Site A and Site B planning proposals and to prepare a precinct wide structure plan

19/04/18

First iteration of Tract Consultants’ assessment report for Site A received.

26/06/18

Second iteration of Tract Consultants’ assessment report for Site A and draft structure plan received.

16/07/18

Meeting with proponent, Tract Consultants and Council staff to discuss issues with the proposal and to discuss the draft structure plan.

06/08/18

Proponent response letter sent to Tract Consultants and Council staff.

Aug – Dec 2018

Waiting for other landowners within the precinct to respond with comments on the draft Structure Plan and its impact on their sites.

07/12/18

Tract Consultants response to proponents regarding the planning proposal requests and draft Structure Plan.

19/12/18

Meeting with proponents regarding progression of structure plan and their planning proposal request.

Jan – Apr 2019

Ongoing discussion between the applicant and Council staff regarding a revised proposal.

24/05/19

Meeting between Council staff, Office of Environment and Heritage (OEH) and SES regarding flooding concerns

27/05/19

Revised planning proposal request submitted by the applicant with supporting documentation.

04/06/2019

Email sent to the applicant outlining the outcomes of the meeting with OEH and SES, including the need for a comprehensive flood emergency risk assessment for the precinct.

13/08/19

Inception meeting held with the flood consultant (Molino Stewart), Council staff, and the applicants.

12/11/19

Molino Stewart comprehensive flood emergency risk assessment finalised.

27/02/20

Response provided by the applicant to Council staff offering solutions to the issues identified in the comprehensive flood emergency risk assessment.

09/03/20

Internal referrals for the revised planning proposal request and documentation submitted by the applicant.

27/03/20

Clarification provided by Molino Stewart regarding the flood evacuation of Sites A, C and D.

21/05/20

Tract Consultants provide a report for the Local Planning Panel’s advice for Site A.

29/06/20

LPP considers the Site A planning proposal request and provided their advice.

 

In accordance with Council’s resolution and the Community Participation Plan (CPP), the planning proposal request is currently on public exhibition for 28 days. A report will be prepared for Council that includes an assessment of the proposal, responses to the LPP advice, and an outline of the community feedback received during the exhibition period.

 

Site B (RZ-4/2017) – ‘Flower Power’

 

The applicants planning proposal justification report is provided at Attachment 5.

 

Site B is located at 124 Newbridge Road and is legally described as Lot 2 DP 602988. The site is an irregular shaped allotment that is approximately 70,430m2. The site adjoins Newbridge Road to the north and Davy Robinson Reserve to the east. In October 2012, Liverpool City Council approved DA-309/2011 for earthworks and filling of the site in two stages, to raise the subject site to mitigate flooding impacts. Stage 1 is currently being implemented, while Stage 2 applies to the Flower Power occupied portion of the site and has not yet begun.

 

The planning proposal request originally submitted sought to enable:

 

·  757 apartments;

·  188 serviced apartments; and

·  25,255m2 of commercial gross floor area (including serviced apartments);

 

Following the preparation of the Moorebank East Structure Plan, an addendum to the Urban Design Report was submitted with a slightly revised proposal to enable:

 

·  602 apartments;

·  167 serviced apartments; and

·  22,434m2 of commercial gross floor area (including serviced apartments).

 

Figure 9 – Concept Design for Site B (Original on the left and revised on the right) (Source: AE Design Partnership)

 

The proposed amendments to the LEP include:

 

· Rezoning the current RE1 Public Recreation, RE2 Private Recreation and B6 Enterprise Corridor to:

B6 Enterprise Corridor in the northern portion of the site;

R3 Medium Density Residential for the central portion of the site; and

RE1 Public Recreation along the river and Davy Robinson Reserve.

Figure 10 – Proposed rezoning of Site A (RZ-4/2017) – ‘Flower Power’ (Source: SG Haddad Advisory and FGCS)

 

In addition to the proposed rezoning, the following amendments are proposed to the LEP:

 

·  Increase the maximum HOB in the B6 Enterprise Corridor from 15m to 24m;

·  Increase the maximum HOB from 15m to 30m for the remainder of the site;

·  Increase the maximum FSR in the B6 Enterprise Corridor from 0.75:1 to 1.5:1;

·  Increase the maximum FSR for the remainder of the site from 0.25:1 to 1.5:1; and

·  Amend Schedule 1 to permit residential flat buildings on the site.

 

It is noted that the revised concept design was submitted by the applicant as an addendum to the Urban Design Report originally submitted. This revised design offered a redistribution of density (FSR) and height across the site. However, no specific changes were made to the planning proposal request.

 

The timeline of the planning proposal request since lodgment is summarised in Table 4:

 

Table 4 – Site B (RZ-4/2017) timeline

Timeline

Date

Milestone/Event

07/06/17

Planning proposal request was lodged and received by Council.

26/07/17

Internal referrals

08/08/17

Internal stakeholder meeting

02/11/17

Email sent to the applicant outlining the various issues and inconsistencies with the proposal.

11/01/18

Tract Consultants engaged to provide a merit assessment of the Site A and Site B planning proposals and to prepare a precinct wide structure plan

15/02/18

Updated stormwater plans requested from the proponent.

01/03/18

Stormwater plans provided to Council staff and Tract Consultants.

21/03/18

Workshop between Council staff and Tract Consultants

19/04/18

Draft planning proposal assessment and draft structure plan provided by Tract Consultants to Council staff.

26/06/18

Revised draft planning proposal assessment and draft structure plan provided by Tract Consultants to Council staff.

18/07/18

Meeting held with the applicant regarding the draft structure plan prepared by Tract Consultants.

28/08/18

Written response to the draft structure plan provided by the applicant including an addendum to the Urban Design Report. The revised design included the redistribution of density and height across the site and additional open space provision. This resulted in a reduction in the number of proposed serviced apartments from 188 to 154 and apartments 757 to 589.

15/01/19

Meeting between the applicant, Council Staff and Tract Consultants to discuss the Site B revised design and the progress of the structure plan.

11/02/19

The following was received from Tract Consultants:

·    Updated draft planning proposal assessment received for Site A and Site B.

·    Updated structure plan received incorporating the changes negotiated with the applicants for Site A and Site B.

·    Draft DCP Amendment (Part 2.10 Development in Moorebank East).

22/03/19

Holistic Traffic Assessment received from the applicants for Site A-D.

24/05/19

Meeting between Council staff, Office of Environment and Heritage (OEH) and SES regarding flooding concerns

12/06/2019

Email sent to the applicant outlining the outcomes of the meeting with OEH and SES, including the need for a comprehensive flood emergency risk assessment for the precinct.

13/08/19

Inception meeting held with the flood consultant (Molino Stewart), Council staff, and the applicants.

12/11/19

Molino Stewart comprehensive flood emergency risk assessment finalised.

12/11/19

Email sent to the applicant providing the Molino Stewart comprehensive flood emergency risk assessment and outlining the issues needing to be resolved in order for the planning proposal to progress.

 

In accordance with Council’s resolution and the Community Participation Plan (CPP), the planning proposal request is currently on public exhibition for 28 days.

 

Council is awaiting a response from the applicant and a revised planning proposal request that addresses the Moorebank East Structure Plan and Molino Stewart comprehensive flood emergency risk assessment. Once this is received, Tract Consultants can compete their assessment and advice can be sought from the LPP and a report prepared for Council’s consideration.

 

Site C (RZ-1/2019)

 

This planning proposal request was considered by Council at the 29 July 2020 Council meeting. At this meeting Council resolved:

 

          That Council

 

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

2.   Endorses in principle the planning proposal request;

3.   Delegates to the CEO to prepare the formal planning proposal including any typographical or other editing amendments if required;

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

5.   Subject to Gateway determination, undertake public exhibition and community consultation on the planning proposal in accordance with the conditions of the Gateway determination and Council’s Community Participation Plan;

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

7.   Receive a further report with a status update on all the outstanding planning proposals from Moorebank at the August 2020 Council meeting; and

8.   Publicly exhibit all of the outstanding planning proposals in Moorebank now.

 

Council has forwarded the planning proposal to the Department of Planning, Industry, and Environment (DPIE) and is awaiting a Gateway determination.

 

Site D (RZ-5/2018) – ‘Georges Cove Marina’

 

The applicants planning proposal justification report is provided at Attachment 6. Site D is located in the southern portion of 146 Newbridge Road, Moorebank, legally described as Lot 7 in DP 1065574. The specific area of application for this planning proposal request is illustrated in Figure 11 below.

 

Figure 11 – Area of application for Site D (RZ-5/2018) planning proposal (Source: Square Link Pty Ltd)

 

Following the Land and Environment Court granted consent for the extraction of sand in 1993, the site has had extractive industries activity occur via dredging and dry extraction methods. The site’s former extractive industries use has reached the end of its economic life and various proposals has been proposed for a marina development.

 

This specific marina portion of the 146 Newbridge Road site has had a long and complicated history that has involved numerous court cases involving both DA’s and a planning proposal (RZ-2/2015). This previous planning proposal was supported by Council at its meeting on 31 August 2016 and subsequently received a Gateway determination. However, this Gateway determination was declared invalid by the Court of Appeal – NSW Supreme Court in December 2018. It is noted that the DA for the marina proposal (DA-611/2018) is currently under assessment that includes:

 

·     A maritime building which will house a dry berth facility (250 berths), a function centre, tourist, entertainment, recreation and club facilities, a petrol storage tank (60,000 litres) and a diesel storage tank (60,000 litres).

 

·     A wet berth facility for 186 craft (including casual berths) which will consist of a marina basin, rock protection of the basin and foreshore, including embellishment and revegetation of the river foreshore, construction of a navigation channel, construction of public recreational facilities on the foreshore, floating berths and walkways, fuel pumping facilities, sewage pump out facilities and emergency berth access.

 

·     Construction of three external car parking areas and basement car park providing a total of 637 car spaces.

 

·     A private marina clubhouse.

 

·     Associated works and support infrastructure including power, water and sewerage.

 

The current planning proposal (RZ-5/2018) for Site D seeks to facilitate a residential development consisting of 353 apartments and 21 terrace dwellings. It is noted that the previously supported planning proposal (RZ-2/2015) proposed to facilitate 125 apartments.

 

The following amendments are proposed to the LEP:

 

·  Schedule 1 amendment to permit residential accommodation;

·  Increase HOB from current 21m to RL 38.9m ; and

·  Increase FSR from current 0.25:1 to 0.4:1.

 

Figure 12 – Site D (Georges Cove Marina) extract from Concept Design (Source: Mirvac)

 

The timeline of the planning proposal since lodgment is summarised in Table 5:

 

Table 5 – Site D (RZ-5/2018) timeline

Timeline

Date

Milestone/Event

06/07/18

Planning proposal was lodged and received by Council.

14/08/18

Planning proposal was presented by the applicant to Council’s Strategic Panel.

14/12/18

Court case determined for the previous planning proposal (RZ-2/2015), resulting in the Gateway determination being declared invalid.

18/01/19

Internal referrals

22/03/19

Holistic Traffic Assessment received from the applicants for Site A-D.

16/04/19

Email sent to applicant outlining flooding concerns raised from internal referrals and informing of a meeting with OEH and SES.

01/05/19

Response provided by the applicant to Council’s concerns regarding flooding.

09/05/19

OEH comments received for the planning proposal and broader structure plan.

24/05/19

Meeting between Council staff, OEH and SES regarding flooding concerns in the Precinct.

04/06/2019

Email sent to the applicant outlining the meeting had with OEH and SES. The email also outlined the need for a comprehensive flood emergency risk assessment for the precinct.

13/08/19

Inception meeting held with the flood consultant (Molino Stewart), Council staff, and the applicants.

12/11/19

Molino Stewart comprehensive flood emergency risk assessment finalised.

12/11/19

Email sent to the applicant providing the Molino Stewart comprehensive flood emergency risk assessment and outlining the issues needing to be resolved in order for the planning proposal to progress.

27/02/20

Response provided by the applicant to Council staff offering solutions to the issues identified in the comprehensive flood emergency risk assessment.

 

In accordance with Council’s resolution and the Community Participation Plan (CPP), the planning proposal request is currently on public exhibition for 28 days. Council is currently finalising its assessment of the proposal and will be considered by the LPP prior to report being prepared for Council’s consideration.

 

Site E (RZ-2/2020)

 

In 2018, the previous owner sold Lot 6 Newbridge Road.

 

At Council’s meeting on 30 May 2018, Council resolved the following in relation to NOM 02:

 

          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.

 

Site E is located at Lot 6 Newbridge Road and is legally described as Lot 6 in DP 1065574. The site is currently accessed via Newbridge Road to the north and is bound by the Georges River to the east, Wurrungwuri Reserve to the west, Site D (proposed Marina site) to the north and Brighton Lakes Golf Course to the south. The site is currently zoned E2 (Environmental Conservation). Within the site is a disused non-putrescible landfill which operated across the site between 1972 and 1979. Along the sites borders and to the west within the Wurrungwuri Reserve is good condition vegetation that includes threatened ecological communities and some coastal wetlands along the banks of the river.

 

The Planning Assessment Commission (as it was then known) issued a development consent on 11 September 2015 for a materials recycling facility on the subject site. The Land and Environment Court subsequently confirmed this approval on 14 July 2017 after Council appealed the consent.

 

A planning proposal request (Attachment 7). was lodged on 5 March 2020 that sought to achieve the applicant’s vision, ‘to provide a diverse, vibrant, active and accessible residential neighbourhood, bound by the banks of the Georges River and surrounding river woodland, to create an attractive place to live and play’. The proposal seeks to facilitate the following development:

 

·  2,000 apartments;

·  800m2 of community facilities;

·  1,700m2 of retail, restaurant and associated uses;

·  730m of foreshore walkway/activation waterfront, facilitating open space linkage to adjoining residential and recreational sites; and

·  A series of ecological and recreational parks

Figure 13 – Site E (RZ-2/2020) extract from Urban Design Report (Source: DEM)

 

To achieve this proposed development, the planning proposal seeks to rezone:

 

·     The existing E2 (Environmental Conservation) land within Lot 6 Newbridge Rd to a combination of R1 (General Residential) and RE1 (Public Recreation); and

·     The existing E2 (Environmental Conservation) land on land adjoining to the west to SP2 (Infrastructure) to enable access to the site.

Figure 14 – Proposed rezoning of Site E (RZ-2/2020) – ‘Moorebank recyclers’ (Source: SG Haddad Advisory and FGCS)

 

In addition to the proposed rezoning, the following amendments to development standards within the LEP are proposed:

 

·  Include a maximum HOB control of 50m; and

·  Increase the maximum FSR control from 0.01:1 to 1:1.

The timeline of the planning proposal request since this Council resolution is summarised in Table 6:

 

Table 6 – Site E (RZ-2/2020) timeline

Timeline

Date

Milestone/Event

13/07/18

Meeting with proponent to discuss development of a structure plan for the Moorebank East precinct

10/08/18

Meeting with proponent to discuss density and height

20/02/19

Meeting to discuss planning positioning paper prepared by the proponent. This document explained what the proponents were considering for the site

25/02/19

Traffic Assessment provided by the applicant to Council staff that assesses the cumulative impact of Sites A – E.

01/04/19

Email sent to the proponent outlining Council concerns regarding:

·    Site access;

·    Flooding and flood evacuation;

·    Bushfire risk and evacuation; and

·    Maximum height of buildings and the Obstacle Limitation Surface (OLS) to Bankstown Airport.

11/04/19

Meeting with proponents to discuss their concerns re timeframes with Director and Manager. Noting that no planning proposal has been lodged.

22/07/19

Meeting held between the applicant and Council staff to discuss the progression of lodgement of a planning proposal.

13/08/19

Inception meeting held with the flood consultant (Molino Stewart), Council staff, and the applicants.

10/09/19

Flood evacuation report provided for Site E by the applicant to Council staff and Molino Stewart.

20/09/19

Formal pre-planning proposal meeting with the applicant and Council staff.

09/10/19

Detailed pre-planning proposal advice provided to the applicant.

12/11/19

Molino Stewart comprehensive flood emergency risk assessment finalised.

05/03/20

Planning Proposal request lodged and received by Council.

03/06/20

Internal referrals

30/06/20

Letter detailing the outcomes of the initial assessment and required additional information sent to the applicant.

28/07/20

Meeting between the applicant and Council staff regarding the issues identified in the initial assessment.

 

In accordance with Council’s resolution and the Community Participation Plan (CPP), the planning proposal request is currently on public exhibition for 28 days. Council is awaiting additional information that was requested to enable the complete assessment of the proposal. Once this is received, Council staff will compete their assessment and advice will be sought from the LPP. Once this advice is provided, a report will be prepared for Council’s consideration that includes an assessment of the proposal, responses to the LPP advice provided, and an outline of the community feedback received during the exhibition period.

 

Conclusion

 

This report provides a status update on the planning proposals within Moorebank.

 

It is recommended that Council receives and notes this report. Further reports will be received by Council as each planning proposal progresses.

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

Manage the environmental health of waterways.

Manage air, water, noise and chemical pollution.

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


Social

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


Civic Leadership

Encourage the community to engage in Council initiatives and actions.

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

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

Legislative

Environmental Planning and Assessment Act 1979

Risk

There is no risk associated with this report.

 

 

ATTACHMENTS

 

1.         Council Resolution - 29 July 2020 (EGROW 03) (Under separate cover)

2.         RZ-6/2015 - Planning Proposal Justification Report (Under separate cover)

3.         RZ-4/2018 - Planning Proposal Justification Report (Under separate cover)

4.         Site A (RZ-9/2017) - Planning Proposal Justification Report (Under separate cover)

5.         Site B (RZ-4/2017) - Planning Proposal Justification Report (Under separate cover)

6.         Site D (RZ-5/2018) - Planning Proposal Justification Report (Under separate cover)

7.         Site E (RZ-2/2020) - Planning Proposal Justification Report (Under separate cover)  


0

Ordinary Meeting

26 August 2020

City Economy and Growth Report

 

EGROW 05

Street Naming Request - Austral

 

Strategic Direction

Generating Opportunity

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

File Ref

207685.2020

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 street re-naming request in Austral.

 

·    Catanzariti Drive, currently known as Kalbian Street, located between Thirteenth Avenue and Twenty Eighth Avenue, Austral.

 

The proposed name has been assessed using Council’s Naming Convention Policy and has been granted pre-approval by the Geographical Names Board (GNB) of NSW.

 

RECOMMENDATION

 

That Council:

 

1.    Supports the re-naming of Kalbian Street to Catanzariti Drive, Austral.

 

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

 

This street naming proposal was received in July 2020. The proposed street name has been assessed using Council’s Naming Convention Policy and has been granted pre-approval from the Geographical Names Board of NSW (GNB). The name has been checked for duplication using the GNB’s Online Road Naming System.

 

Council had assigned the name Kalbian Street for the proposed street which has now been constructed. It is located between Thirteenth Avenue and Twenty Eighth Avenue, Austral as shown in Figure 1 below. Council approved this name, and names for all other proposed streets in Austral in 2018 and they have subsequently been gazetted by the Geographical Names Board of NSW.

 

Figure 1 – Current assigned name for proposed street in Austral

 

The applicant has requested the street be renamed to reflect their family who owned the property.

 

The applicant has provided information about her late grandparent, to support the application (Attachment 1). Catanzariti Drive is consistent with the Austral street naming theme and has been granted pre-approval from the Geographical Names Board.

 

Next Steps

 

If supported by Council, the name will be forwarded to the GNB for formal approval and if approved, placed on public exhibition for 28 days on Council’s website 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 neighbourhood pride and a sense of responsibility.

Legislative

Roads Act 1993.

Risk

There is no risk associated with this report.

 

ATTACHMENTS

 

1.         Additional information in support of street renaming to Catanzariti Drive


0

EGROW 05

Street Naming Request - Austral

Attachment 1

Additional information in support of street renaming to Catanzariti Drive

 

PDF Creator 


0

Ordinary Meeting

26 August 2020

City Community and Culture Report

 

COM 01

Report back to Council - Alcohol-Free Zones Public Exhibition

 

Strategic Direction

Creating Connection

Create a dynamic, inclusive environment, including programs to support healthy living

File Ref

194252.2020

Report By

Galavizh Ahmadi Nia - Manager Community Development and Planning

Approved By

Tina Sangiuliano - Acting Director City Community and Culture

 

 

Executive Summary

 

At its meeting on 29 April 2020, Council resolved to:

 

1.   Endorse the recommended sites for re-establishment of Liverpool Alcohol-Free Zones (AFZs);

 

2.   Place the recommended AFZs on public exhibition for a period of 30 days as required by the Ministerial Guidelines on Alcohol-Free Zones; and

 

3.    Delegate 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.

 

The endorsed Alcohol-Free Zones (AFZs) sites were placed on public exhibition for a period of 30 days, commencing 13 May 2020. One submission from a member of the public was received during the public exhibition period. This submission recommended that Council consider including Collimore Park as an AFZ site and installing an AFZ sign.

 

In consultation with relevant stakeholders, including the Liverpool City Police Area Command, Council staff have determined installing an AFZ sign in Collimore Park would be beneficial to ensuring the safety and wellbeing of community members. Subsequently, the additional site was submitted to the Anti-Discrimination NSW for endorsement. The Anti-Discrimination NSW has confirmed that Council has complied with the required 30-day public exhibition period for AFZs and the new AFZ in Collimore Park does not require a further period of public exhibition.

 

 

 

RECOMMENDATION

 

That Council endorse the re-establishment of Liverpool’s Alcohol-Free Zones for a period of four years to 1 September 2024.

 

REPORT

 

1.   BACKGROUND

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 Police Area Command and relevant community organisations to promote healthier behaviours; and

·    Monitor alcohol consumption in known hotspot locations.

 

Liverpool’s AFZs identify small areas of public space, typically in locations adjacent to outlets supplying alcohol such as pubs, clubs and liquor stores, where the consumption of alcohol is prohibited. Liverpool City’s AFZs were implemented and enforced for a four-year period from 2015 to 2019. The AFZs have been implemented in known hotspots for inappropriate street drinking, aiming to create a safer environment for community members. These locations were identified in consultation with local Police, service providers, and internal stakeholders including the Community Standards team. 

 

2.   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, community organisation or a member of the general public. The proposed zones are then submitted to Anti-Discrimination NSW, the approving authority, for their review and approval. This process also requires a public exhibition period of 30 days to allow comment and feedback from the community.

 

36 zones were submitted to the Anti-Discrimination NSW on 24 January 2020 for renewal. Correspondence received from the Anti-Discrimination NSW on 2 March 2020 has authorised Council to reestablish Liverpool’s AFZs.

 

3.   PUBLIC EXHIBITION

 

Liverpool’s proposed AFZs were placed on public exhibition on 13 May 2020 for a period of 30 days. One response was received from a member of the public recommending Collimore Park as an AFZ site. Collimore Park is a high traffic area due to its proximity to residential buildings, popular public amenities such as basketball courts and play equipment, and copious access to free commuter parking.

 

4.   OUTCOME

 

Council officers have consulted Liverpool City Police Area Command on the recommendations to include Collimore Park in the AFZs. Police have agreed the site would benefit from being included as an AFZ in Liverpool. Subsequently, Council submitted an application to the Anti-Discrimination NSW to include Collimore Park as an AFZ in Liverpool. Advice received from the Anti-Discrimination NSW confirms that Council has complied with the required 30-day public exhibition period for AFZs and the new AFZ in Collimore Park does not require a further period of public exhibition.

 

The AFZs signs will be in place and enforced from 1 September 2020. Existing signage in Liverpool’s AFZs is out-of-date and reflects the previous AFZ term. As part of the renewal process, up-to-date signage stipulating the new enforcement dates will be installed in all identified locations. The new signs will be treated with a UV-resistant coating to ensure the signs’ longevity and prevent fading.

 

5.   ENFORCEMENT

 

Once implemented, the AFZs may be enforced 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 alcohol-free zone. A Police Officer may use their discretion to issue a warning to a person who is drinking in an alcohol-free zone. An individual who does not comply with an AFZ, 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.

 

6.   IMPLEMENTATION

 

It is recommended that Council endorse the re-establishment of Liverpool’s Alcohol-Free Zones for a period of four years to 1 September 2024. Up-to-date signage will be installed in all locations by 30 September 2020.

 

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.


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

There are no legislative considerations relating to this report.

Risk

There is no risk associated with this report.

 

 

ATTACHMENTS

 

Nil


0

Ordinary Meeting

26 August 2020

City Community and Culture Report

 

COM 02

Report Back to Council - Mimosa Park, 22 Box Rd, Casula

 

Strategic Direction

Creating Connection

Implement access and equity for all members of the community

File Ref

201003.2020

Report By

Galavizh Ahmadi Nia - Manager Community Development and Planning

Approved By

Tina Sangiuliano - Acting Director City Community and Culture

 

 

Executive Summary

 

In response to a Council resolution from 31 July 2019, a report was presented to Council’s meeting on 11 December 2019, exploring opportunities for the repurposing of Council owned or controlled land in the Local Government Area (LGA) for the purpose of affordable housing. At this meeting, Council resolved to:

 

1.    Keep the vacant block of land on 22 Box Road Casula, for it to be turned into a park;

 

2.    Prepare a report outlining options for community use of the land including consultation of the local residents and also consider only unused and underutilised land;

 

3.    Be provided with funding options to implement above or alternate options;

 

4.    Note that 22 Box Road, Casula (this block is approximately 550 sqm) is currently zoned RE1 public recreation and is surrounded by R2 low density residential;

 

5.    Receives and notes the report and has a further briefing in March 2020 and makes available all reports regarding land usage that is underutilised. Councillors be provided with any other relevant reports given to the previous term of Council.

 

This report responds to resolutions 1 – 4 above, including a review of key planning and recreation strategic documents, site feasibility and analysis, and a review of existing recreation infrastructure around the subject site, being 22 Box Rd, Casula. The report presents the key findings of the above review and recommends options to develop the site for community’s recreational use; and options for funding and delivery of Mimosa Park.

 

 

 

In reference to the response to resolution point 5. Councillors be provided with all reports regarding land usage that is underutilised and any other relevant reports given to the previous term of Council, this has been referred to Property, who will provide a report to the November 2020 Council meeting.

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the report; and

 

2.    Subject to Council’s decision to develop Mimosa Park into a local park for community use, allocate funds to planning delivery stages;

 

3.    Commission a site feasibility study and environmental testing; and

 

4.    Commission a detail design stage including concept designs for community consultation and construction. 

 

 

REPORT

1.   Background

At the Ordinary meeting held on 31 July 2019, Council resolved to:

 

·    Direct the CEO to provide a report back to Council by December 2019 detailing opportunities for the repurposing of Council owned or controlled land in the LGA for the purpose of affordable housing, noting any action on any report will be subject to community consultation

 

In response to Council’s resolution of 31 July 2019, a report was presented to Council at its meeting held on 11 December 2019, exploring the opportunities for the repurposing of the Council owned or controlled land in the LGA for the purpose of affordable housing. Based on the broad outcomes of the Community Facilities Strategy and the State Environmental Planning Policy (SEPP) 2019 (Affordable Rental Housing), the report produced a detailed investigation of the identified land parcels as suitable land/s to be repurposed for affordable housing. At its meeting held on 11 December 2019, Council resolved to:

 

1.   Keep the vacant block of land on 22 Box Road Casula, in order for it to be turned into a park;

 

2.   Prepare a report outlining options for community use of the land including consultation of the local residents and also consider only unused and underutilised land;

 

3.   Be provided with funding options to implement above or alternate options;

 

4.   Note that 22 Box Road, Casula (this block is approximately 550 sqm) is currently zoned RE1 public recreation and is surrounded by R2 low density residential;

 

5.   Receives and notes the report and has a further briefing in March 2020 and makes available all reports regarding land usage that is underutilised. Councillors be provided with any other relevant reports given to the previous term of Council.

 

This report responds to items 1 – 4 of the resolution and presents the key findings from the review of planning documents, site feasibility and analysis review, and recommends funding options to develop Mimosa Park for community’s recreational use. In reference to the response to resolution point 5. Councillors be provided with all reports regarding land usage that is underutilised and any other relevant reports given to the previous term of Council, this has been referred to Property, who will provide a report to the November 2020 Council meeting.

 

2.   Strategy Review - Recreation, Open Space and Sports Strategy (ROSS Strategy)

 

Adopted in 2018, the ROSS Strategy is a principal document that provides direction and guidance to Council for planning and development of Public Recreation (RE1) land. This includes planning for the current and future recreation, open space and sporting needs in the Liverpool LGA. The ROSS Strategy provides guidance on the delivery of high quality, integrated and multi-functional, recreation, open space and sporting infrastructure.

 

The ROSS Strategy recognises the undersupply of active and passive recreation facilities across the LGA, specifically in the new release suburbs of Austral, Carnes Hill, Edmondson Park and Middleton Grange. It also provides hierarchy classification for parks and open spaces.

 

Mimosa Park is classified as a local park. The fundamental function of a local park is to provide for a basic playground and connectivity to open space network. Local parks are generally utilised on a daily basis by the residents in the immediate catchment area (400m radius- 4-5 min walking distance).

 

The table below presents the classification of open space as per ROSS Strategy:

Classification

Size (sqm)

Description

Regional

10,000 or more

Within 5km of homes and places of work:

·    5 minute drive

·    15-20min bike ride

District

5,000-10,000

1-2 km safe walking distance:

·    15-20 minute walk

·    5 minute bike ride

Neighbourhood

1,500-5,000

800m safe walking distance:

·    10 minute walk

Local

500-1,500

400m safe walking distance:

·    5 minute walk

Pocket

100-500

200-400m safe walking distance:

·    2-5 minute walk

 

In addition, one of the strategic actions within the ROSS Strategy currently being investigated by Council staff is an audit of the existing parks and open spaces across the Liverpool LGA. This audit will be a critical tool to document and assess the provision of facilities within existing parks and open spaces. The audit of existing provision of facilities will be evaluated against the required facilities as per the hierarchy and specifications of open space identified in the ROSS Strategy. This evaluation will assist Council in identifying gaps within the provision of facilities and guide the process of upgrading parks and open spaces to high quality, multipurpose and adaptive places. The audit findings will also assist in identifying unused and/or underutilized open spaces within the LGA, which could be included in the upgrade program or repurposed for other uses.

 

3.   Need and demand analysis

 

Current parks and open spaces in Casula

 

The table below outlines the current provision of parks and open spaces within a 1,200m catchment area of Mimosa Park.

 

Name and location

ROSS Strategy classification

Main functions

Approx. distance from Mimosa Park

A. 

Daruk Park, Casula

Ingham Drive

District Park

·  Sports field

·  Amenity building

·  Community centre

·  Library

820m

B

Jardine Park, Casula

Reserve Road

District Park

·  Sports field

·  Basketball court

·  Netball court

·  Playground

·  Amenity building

1.5k

C

Peter Miller Reserve, Casula

Cedar Road

District Park

·  Sports field

·  Basketball half court

·  Cricket nets

·  Playground

·  Amenity building

 

280m

D

Gandangara Park, Casula

Strawberry Road

Neighbourhood Park

·  Drainage corridor

·  Pedestrian pathway

700m

E

Tharawal Park, Casula

Gunsynd Avenue

Local Park

·  Children’s playground

 

1.3km

F

Bill Wilson Park, Casula

Maple Road

Local Park

·  Children’s playground

·  Picnic shelters

1.5km

G

Acacia Park, Prestons

72A Grevillea Crescent  

Local Park

·  Children’s playground

·  Picnic shelters

500m

Table 3.1: Classification of parks and their function

 

A close up of a map

Description automatically generated

Figure 3.2: Catchment area of accessible parks around Mimosa Park

 

In reference to table 3.1 and figure 3.2, the community residing around Box Rd has access to the following hierarchy of parks:

·    Peter Miller Reserve - District Park;

·    Acacia Park - Local Park;

·    Gandangara Park - Neighbourhood Park;

·    Daruk Park - District Park; and

·    Mimosa Park - classified as a local park and serves the daily needs of the residents in the area.

 

Demand analysis of parks and open spaces in Casula

 

It is estimated that Casula will have a shortfall of 4.97ha of sportsground and a surplus of 9.97ha of parks and open space by 2031[1]. It should be noted that approx. 30% of the surplus in the local park network fall within the riparian zones along creeks, and approx. 60% falls within the 1:100 flood plain. Therefore, of the 9.97ha of surplus parks and open space, approximately 90% of the land is subject to some level of restrictions, and their functions and opportunities for access by community will be limited.

 

Site Feasibility and Analysis of the park

 

Site Analysis:

 

Mimosa Park is grassed and is currently maintained by Council’s City Presentation team. The land is fully vacant and serves no purpose for community use. 

 

The land drops approximately 4-5 metres from the front of the site to the back and has a gradient close to 1:10, which would require extensive earthwork and retaining walls to install a playground. The Preliminary site analysis has identified major upgrade requirements to make the site safe, including the construction of a retaining wall, back filling, levelling and fencing. Due to the topography conditions, the site does not meet the requirements for provision of an inclusive playground.

 

To meet the community requirements, a playground, outdoor gym, shade and circular walking tracks are provided at Peter Miller Park, which is within the catchment of this park, approximately 170 metres away. In addition, there is no fencing between Council’s property and the private properties at this site, which is considered a risk to children accessing the park.

A close up of a map

Description automatically generated

Figure 3.3: Primary catchment area of Mimosa Park

 

Site feasibility:

 

Mimosa Park is classified as a local park. Currently, Mimosa Park is a small, undeveloped area of land located within the residential area at the western end of Box Rd, Casula. Considering the size and grade of Mimosa Park, it can only provide limited recreational opportunities.

 

The table below provides a brief description of the facilities to be considered for Mimosa Park:

Recommended Functions

Description

Specifications

Play area

Natural play area

·    Nature play

·    Wooden logs at different heights to climb

·    Natural hills and mounds utilising the site topography

·    Stepping stone play

Connectivity

Transparency and inclusivity with playground spaces

Connectivity to the existing footpath on Box Rd

Trees

·    Shade providing trees

·    Garden beds

Visibility to the street

Passive open space

Grassed area for informal play

 

The park is sloped (1:10) towards the rear, then drops dangerously near the rear properties

Informal seating

Informal seating benches

Benches and informal seating

Table 3.4: Functional Brief of proposed facilities at Mimosa Park

 

City of Calgary Developing Natural Playgrounds Aimed at Encouraging Self-directed Outdoor Play 

Fig 3.5: sample image of natural play area

 

4.   Funding and delivery options

 

The design stages (concept and detailed) and the construction of local parks such as Mimosa Park are ideally identified within the Capital Works Program for a particular financial year, whereas the construction cost is identified within the Contributions Plan for the suburb/area.

 

The collected contributions for the established areas of Liverpool LGA are either exhausted or insufficient to deliver all parks and open spaces (new works and upgrade works). Currently, there is a limitation within the collected contributions for the capital works program, which only allows for basic embellishments for a given park. This creates a gap in funds available for the delivery of high quality, versatile and inclusive parks and open space.

 

Despite its open space zoning, Mimosa Park has not been identified as a contribution plan item. At present, there is no ability to fund Mimosa Park through infrastructure contribution. The Park is not identified as an item in Liverpool Contributions Plan 2009 (Cabramatta Creek/Carnes Hill/Prestons). As such, funds cannot be allocated to the upgrade of this open space from contributions, which require Council to identify and allocate a funding source. The remaining funds for open space in this catchment are required to support open space projects still to be delivered under Contributions Plan 2009.

 

It is noted that Contributions Plan 2009 identified Peter Miller Park as the key open space precinct within this area. Over 15 years ago, Council invested in excess of $3,000,000 to deliver Peter Miller Park.

 

It is recommended to undertake further site investigations, including environmental testing to determine the feasibility of the site, develop a concept design and complete community consultation. The high level costing for development and construction stage of this project is estimated at $150,000. Budget phasing is outlined in the table below:

 

YEAR

ITEM

BUDGET

2020/21

Feasibility Study, Environmental Testing, Concept Development, Community Consultation

$10,000

2021/22

Detail Design, Procurement and Construction

$140,000

 

The table below outlines a high-level timeline for the project development and delivery stages:

 

Development stage 2020/21

Estimated duration

a.   Needs, demand analysis; and feasibility analysis

2 weeks

b.   Site environmental testing

12 weeks

c.   Developing concept design (subject to availability of funding)

4 weeks

d.   Stakeholder consultation:

·    Internal Stakeholders

·    Local community consultation: Liverpool Listens, Letter box drop, community notice boards, Pop-up stalls (subject to COVID-19 restrictions)

 

2 weeks

4 weeks

e.   Review of stakeholder consultation

2 weeks

f.    Amend concept design as per stakeholder feedback

2 weeks

g.   Resident Notification Letter (Final Concept)

2 weeks

Construction Stage 2021/22

Estimated duration

h.   Detailed design

10 weeks

i.    Procurement

10 Weeks

j.    Construction, establishment and maintenance

20 weeks

 

 

5.  Conclusion

 

With consideration to the hierarchy of open space identified in Council’s ROSS Strategy, Mimosa Park is classified as a local park. The park is surrounded by low density residential. As a local park, Mimosa Park will respond to the daily recreation needs of the local community and will serve as a place for relaxation and play. Aligned with the specifications of a local park, this report proposes a natural play space (natural playground), tree planting, grassed informal play area and informal seating benches.

 

Subject to the availability of funds, a project program is required to be developed to stage the design and construction of the park, inclusive of community consultation.

 

CONSIDERATIONS

 

Economic

Currently no budget is allocated to deliver this project.

Environment

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


Social

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

Support access and services for people with a disability.

Deliver high quality services for children and their families.


Civic Leadership

Act as an environmental leader in the community.

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

Encourage the community to engage in Council initiatives and actions.

Legislative

There are no legislative considerations relating to this report.

Risk

The risk level of this project is deemed low. The risk is considered to be within Council’s risk appetite.

 

 

ATTACHMENTS

 

Nil


0

Ordinary Meeting

26 August 2020

City Community and Culture Report

 

COM 03

COVID-19 Impact on Sporting Field Hire Revenue

 

Strategic Direction

Creating Connection

Deliver a range of community events and activities

File Ref

203891.2020

Report By

Mark Westley - Manager Recreation and Community Outcomes

Approved By

Tina Sangiuliano - Acting Director City Community and Culture

 

 

Executive Summary

 

The COVID-19 shutdown period has had the effect of disrupting sporting field hirers from running their winter season activities and consequently will then have a flow on effect into the coming summer season. 

 

Council defines the winter season as between 1 March and 31 August.  The month of March typically sees winter sports finalising their pre-season preparation for their competitions to commence early April.  This year NSW Government restrictions introduced in response to the COVID-19 pandemic in late March resulted in hirers taking the responsible approach of initially postponing their season start, and later in April the government restrictions mandated that they were unable to commence their winter competitions.

 

In June 2020 the NSW Government agreed that local sporting competitions could resume for both junior and senior competitions from 1 July 2020 which resulted in modified training resuming earlier in June. To support the resumption of sport in our community Council supported a redefined 15 weekend winter season, 1 July to 11 October, agreed by the state sporting organisations representing the major football codes and cricket and the subsequent modification of the coming summer season.

 

As a consequence of COVID-19 sports associations and clubs within the LGA are reporting a substantial loss of player registration and difficulty of fielding sufficient teams to maintain competitions. The reduction in player registrations has impacted the financial viability of some clubs where registration fees represent an important source of revenue.  In the case of the Liverpool City Robins Soccer Club their season has been further impacted by the use of their home ground as a NSW Health drive-through COVID Clinic.

 

Council’s Fees and Charges document defines fees and charges for community sporting groups based on a seasonal flat rate for field use and floodlighting. The fee applied is the same whether the hirer uses the field 10 times or 26 times during the season. There is no ability for the reduction of the fees payable by community sport except through Council resolution.

In recognition of the impact on sports field hirers from the COVID-19 shutdown, this report is provided to enable Council to establish a mechanism for the application of a fee relief plan to reflect the reduced 2020 winter season, the coming 2020/2021 summer season and the other impacts on Community sport.

 

RECOMMENDATION

 

That Council:

 

1.    Endorse the application of approved 2019/2020 and 2020/2021 sporting field fees and charges on a pro-rata basis for the 2020 winter and 2020/2021 summer seasons.

 

2.    Endorse the waiving of winter season 2020 fees charged to the Liverpool City Robins Sports Club.

 

 

REPORT

 

The COVID-19 shutdown period has had the effect of disrupting sporting field hirers from running their winter season activities and will have a flow on effect into the coming summer season. 

 

Council defines the winter season as between 1 March and 31 August.  The month of March typically sees winter sports finalising their pre-season preparation for their competitions to commence early April.  This year NSW Government restrictions introduced in response to the COVID-19 pandemic in late March resulted in hirers taking the responsible approach of initially postponing their season start, and later in April the government restrictions mandated that they were unable to commence their winter competitions.

 

In June 2020 the NSW Government agreed that local sporting competitions could resume for both junior and senior competitions from 1 July 2020 with modified training resuming earlier in June. The state’s major football codes along with Cricket lobbied support from local government agencies to adopt an agreed winter season length of 15 weeks. To support the resumption of sport in our community, and recognising the advantages of streamlining the winter sporting season to be consistent with neighbouring Councils, Council staff supported the redefined 15 weekend winter season between 1 July and 11 October.

 

Sporting associations operating within the Liverpool LGA have taken a range of approaches to the redefined season with the majority seeking to operate a reduced season and others electing to cancel their season or run a yet to be determined “spring” competition in the hope that the risk of COVID-19 will be more settled at that time.  The reality our community is facing at this time is that there is no guarantee that winter sports will be able to fulfil their redefined seasons due to the potential reintroduction of COVID-19 restrictions that stop sport.

 

Sports associations and clubs within the LGA are reporting a substantial loss of player registrations.  In addition to the difficulty of fielding sufficient teams to maintain competitive competitions, the reduction in player registrations has impacted on the financial viability of some clubs where registration fees represent an important source of revenue.

 

Council’s Fees and Charges document defines fees and charges for community sporting groups based on a seasonal flat rate for field use and floodlighting. The fee applied is the same whether the hirer uses the field 10 times or 26 times during the season. There is no ability for the reduction of the fees payable by community sport except through Council resolution.

 

To support sports clubs and associations, through such a challenging and unprecedented time, a mechanism is required to allow the application of fees that reflects the reduced season.  To achieve a reasonable compromise that acknowledges the financial impact of COVID-19 on clubs and recognises that Council continues to incur costs such as field preparation and floodlighting costs, a pro-rata application of Council’s fees is proposed.

 

Under this formula the seasonal hire fee applicable to a booking will be divided by the number of weeks in a regular season (26 weeks).  This weekly amount will then be multiplied by the number of weeks in the redefined season. The pro-rata application of fees will also enable Council to apply consistent fees to competitions that straddle the redefined winter and summer seasons.

 

The financial impact of the pro-rata application of fees on the 2020 winter season is detailed in the table below.  For the majority of sporting codes the application of a 15 week competition will result in a 42% reduction in the fees payable to Council.  As illustrated in the table, the income invoiced by Council in the 19/20 financial year for hirers opting to continue their winter competition will reduce by $48,769 from $115,273 to $66,503.

 

Venue

Hirer

Total full season Charges

Revised Season Competition Length Total Weeks

Proposed revised Charges

Discount on seasonal charges

Amalfi Memorial Park

FC Bossy Liverpool Youth

 $      3,029

15

 $       1,748

 $       1,282

Australis Park

Fight For it PT

 $         215

15

 $          124

 $            91

Australis Park

Commit2fit Personal Training

 $         215

15

 $          124

 $            91

Australis Park

Liverpool Oztag

 $      3,095

15

 $       1,786

 $       1,309

Brownes Farm Reserve

Dion Kallistros - fitness hirer

 $         215

15

 $          124

 $            91

Brownes Farm Reserve

Southern DIstricts Soccer Football Association (SDSFA)

 $      4,640

15

 $       2,677

 $       1,963

Bill Anderson Reserve

Kemps Creek United Soccer Club

 $         535

15

 $          309

 $          226

Blamfield Oval

Preston Soccer Club

 $      2,814

15

 $       1,623

 $       1,191

Bringelly Reserve

(SDSFA)

 $      3,029

15

 $       1,748

 $       1,282

Childs Park

Iron Up Fitness

 $      1,686

15

 $          973

 $          713

Venue

Hirer

Total full season Charges

Revised Season Competition Length Total Weeks

Proposed revised Charges

Discount on seasonal charges

Craik Park

West Sydney Gridiron

 $      2,424

15

 $       1,399

 $       1,026

Craik Park

Austral City Bears Rugby League Football Club

 $      2,142

15

 $       1,236

 $          906

Daruk Park

Casula Lakers Baseball Club

 $      1,663

15

 $          960

 $          704

Durrant Oval

 (SDSFA)

 $      6,058

15

 $       3,495

 $       2,563

Dwyer Oval

Liverpool City Cougars JRUC

 $      1,753

15

 $       1,011

 $          742

Edwin Wheeler Oval

South West Wanderers

 $      2,035

15

 $       1,174

 $          861

Ernie Smith Reserve - Soccer

 (SDSFA)

 $      2,942

15

 $       1,697

 $       1,245

Freeman Oval

Werriwa All Breeds Dog Training Club Inc

 $          67

15

 $            39

 $            28

Greenway Park

Tekniq Training

 $      1,686

15

 $          973

 $          713

Greenway Park

South West Tigers Junior AFL

 $      4,567

15

 $       2,635

 $       1,932

Greenway Park

Roy Gallucio / The Athletic Hub

 $      2,317

15

 $       1,337

 $          980

Hammondville Park - Cricket

Sydney Junior Winter Cricket Association

 $         384

15

 $          222

 $          163

Hammondville Park - Netball

Moorebank Sports Netball Club

 $      2,241

15

 $       1,293

 $          948

Hammondville Park - Soccer

Moorebank Sports Soccer Club

 $         623

15

 $          360

 $          264

Hillier Oval

All Saints JRLC

 $      3,029

15

 $       1,748

 $       1,282

Hoxton Park Reserve

Liverpool Olympic Sports & Social Club

 $      3,365

15

 $       1,942

 $       1,424

Ireland Park

Liverpool Rangers Soccer Club

 $      5,103

15

 $       2,945

 $       2,159

Jardine Park

Casula United Football Club

 $      3,029

15

 $       1,748

 $       1,282

Kokoda Oval

Sydney Junior Winter Cricket Association

 $         384

15

 $          222

 $          163

Venue

Hirer

Total full season Charges

Revised Season Competition Length Total Weeks

Proposed revised Charges

Discount on seasonal charges

Larry Grant Oval (Landa Park)

Hinchinbrook Sports Club

 $      4,146

15

 $       2,392

 $       1,754

McGirr Park

Green Island FC/Australian North Cyrpus Friendship Association

 $      1,471

15

 $          849

 $          622

Paciullo Oval

Flow Futbol Academy

 $      2,599

15

 $       1,499

 $       1,100

Paciullo Oval

Sydney Junior Winter Cricket Association

 $         384

15

 $          222

 $          163

Paciullo Oval

Liverpool Touch Football

 $      1,753

15

 $       1,011

 $          742

Paciullo Oval

Ultimate Frisbee

 $      3,506

15

 $       2,023

 $       1,483

Peter Miller Park

Liverpool Eagles Junior AFL

 $      2,424

15

 $       1,399

 $       1,026

Powell Park

Sydney Morning Cricket Association

 $         384

15

 $          222

 $          163

Riverside Park

Canterbury Bankstown District Baseball Club Inc

 $      3,711

15

 $       2,141

 $       1,570

Ron Darcy Oval

Kraljeva Sutjeska Social Soccer Club