COUNCIL AGENDA

 

Ordinary Council Meeting

27 October 2020

 

 


 

 

 

 

 

 

 

 

 

 

 

 

You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held online on Tuesday, 27 October 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.

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Dr Eddie Jackson

ACTING CHIEF EXECUTIVE OFFICER

 

 

 


 

 

 


Order of Business

 

                                                                                                              PAGE     TAB

Opening

Acknowledgment of Country and Prayer

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 30 September 2020.......................................................... 6

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Chief Executive Officer Report

CEO 01           COVID-19 - Liverpool City Council Response............................................... 75......... 1

City Economy and Growth Report

EGROW 01    Draft Western Sydney Aerotropolis Joint Contributions Plan 2020............... 84......... 2

EGROW 02    Post Exhibition Report - Liverpool Local Environmental Plan 2008 Amendment 77 - Additional permitted use of 'Car Park' at Collimore Park, Liverpool.............. 97......... 3

EGROW 03    Liverpool Design Excellence Panel Charter and Procedure........................ 106......... 4

EGROW 04    Amendment 2 to Liverpool Contributions Plan 2008 - Edmondson Park.... 122......... 5

EGROW 05    Parking on Verges and Nature Strips........................................................... 127......... 6

EGROW 06    Draft Cumberland Plain Conservation Plan Submission............................. 131......... 7

City Community and Culture Report

COM 01          Draft Miller Social Infrastructure Masterplan................................................ 146......... 8

COM 02          Mimosa Park, 22 Box Road, Casula (to be provided in Addendum Booklet)

City Corporate Report

CORP 01        Tabling of the Annual Pecuniary Interest Returns for Councillors and Designated Persons......................................................................................................... 164......... 9

CORP 02        Investment Report September 2020............................................................ 167....... 10

City Presentation Report

NIL

City Infrastructure and Environment Report

NIL

 

Committee Reports

CTTE 01         Liverpool Sports Committee Minutes of meeting held 27 August 2020....... 177....... 11

CTTE 02         Community Safety and Crime Prevention Advisory Committee Minutes 03-09-2020 187       12

CTTE 03         Minutes of the Civic Advisory Committee meeting held on 2 September 2020 195   13

CTTE 04         Minutes of the Environment Advisory Committee meeting held on 17 August 2020 200         14

CTTE 05         Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 23 September 2020........................................................... 210....... 15

CTTE 06         Minutes of the Intermodal Precinct Committee meeting held on 1 September 2020 237        16

Questions with Notice

QWN 01          Question with Notice - Clr Hagarty - JobKeeper and JobSeeker................ 242....... 17

QWN 02          Question with Notice - Clr Hadchiti - Western Sydney Aerotropolis State Environmental Planning Policy (SEPP) 2020............................................... 245....... 18

QWN 03          Question with Notice - Clr Balloot - Mental Health Issues........................... 248....... 19

QWN 04          Question with Notice - Clr Hagarty - Schoeffel Park.................................... 249....... 20

QWN 05          Question with Notice - Clr Hadchiti - Board work / bank stabilization in the Shepherd Street Precinct............................................................................. 250....... 21

QWN 06          Question with Notice - Clr Hagarty - Amazon.............................................. 251....... 22

Presentations by Councillors

Notices of Motion

NOM 01          Ban of Fur Sales on Council Land................................................................ 252....... 23

NOM 02          Liverpool Civic Place.................................................................................... 254....... 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    Order of Liverpool Awards

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    Legal Affairs Report - 1 July 2020 to 30 September 2020

Reason:     Item CONF 02 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.

 

 

 

 

CONF 03    Project 24

Reason:     Item CONF 03 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 04    Confidential Question With Notice - Management of the operating system for the parking meters

Reason:     Item CONF 04 is confidential pursuant to the provisions of s10(A)(2)(d i) (d ii) (d iii) 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; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council; AND commercial information of a confidential nature that would, if disclosed reveal a trade secret.

 

CONF 05    Woodward Place Master Plan

Reason:     Item CONF 05 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.  

 

CONF 06    Liverpool Animal Shelter (to be provided in Addendum Booklet)

Reason:     Item CONF 06 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Close


 

 

MINUTES OF THE Ordinary Meeting

HELD ON 30 September 2020

 

 

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Dr Eddie Jackson, Acting Chief Executive Officer

Mr George Hampouris, Acting Director City Corporate

Ms Tina Sangiuliano, Acting Director City Community and Culture

Mr David Smith, Acting Director City Economy and Growth

Mr Peter Patterson, Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

Mr John Milicic, Manager Property Services

Ms Nada Mardini, Manager Community Standards

Mr Chris Guthrie, Acting Manager City Economy

Mr George Georgakis, Manager Council and Executive Services

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

 

 

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, 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 the Acting Chief Executive Officer, Dr Eddie Jackson.

 

APOLOGIES

 

Nil

 

 

CONDOLENCES

 

Mr Bob Ingham AO (read by Mayor Waller)

 

Tonight, we pause to remember one of Liverpool’s most highly respected and accomplished sons.

 

Bob Ingham AO, the son of farmer Walter Ingham, was born in Casula in 1931.

 

On his father’s death in 1953, Bob and his older brother Jack took over the family’s poultry breeding business, which was founded in 1918.

 

Bob and Jack were a formidable team. They transformed Inghams Enterprises into the largest producer of chickens and turkeys in Australia.

 

Bob continued to run the company until after Jack’s death in 2003. He sold Inghams Enterprises in 2013.

 

Bob and Jack had also inherited the broodmare Valiant Rose from their father. They used Valiant Rose to begin building the largest thoroughbred horse racing and breeding operation in Australia at the time.

 

They raced, among others, champions Octagonal and Lonhro, with their distinctive cerise colours becoming well known on the racing circuit.

 

In 2004, Bob was inducted into the Australian Racing Hall of Fame.

 

Bob sold the racehorse breeding operation in 2008.

 

The respected philanthropist was well-known for his wish to establish an independent health and medical research institute in his hometown of Liverpool. His vision was realised in 2012 when the world-class Ingham Institute for Applied Medical Research was opened.

 

Today, the Institute is home to more than 350 researchers who are leading advanced medical breakthroughs and clinical discoveries, with a commitment to saving lives and improving outcomes.

 

Bob’s philanthropic gifts to the Institute exceed $15 million, ranking him among Australia’s most generous supporters of health and medical research.

 

Bob also received a number of awards for his service to the Liverpool community, including the Centenary Medal in January 2001.

 

In January 2003, he was appointed an Officer of the Order of Australia for service to the poultry industry, as a pioneer in research and development, and to the community through his support of a range of charities and health care facilities.

 

Bob died on Tuesday 22 September at his home, aged 88, surrounded by his family.

 

He is survived by four children, 10 grandchildren and three great grandchildren. Bob’s wife Norma died 10 years ago.

 

In a statement, Bob’s family said his hard work, commitment and philosophy of ‘Doing the right things and doing things right’ underpinned everything he did.

 

On behalf of Liverpool City Council, I express my deepest condolences and well wishes to Bob’s family and friends during this difficult time.

 

May he rest in peace. 

 

 

Yousra Ahmad Karnib (by Mayor Waller)

 

On behalf of all at Liverpool City Council, I humbly express my deepest condolences to Deputy Mayor Karnib on the loss of his sister, Yousra.


Yousra Ahmad Karnib passed away on 16 September 2020 after a brief period of illness.

Our thoughts and prayers are with Yousra’s family and friends at this difficult time, in particular her six children.

 

I am sure that Yousra’s spirit will live on in all those whom had the pleasure of knowing her.

 

May she rest in peace.

 

 

Motion:                        Moved: Mayor Waller                    Seconded: Clr Hadid

 

That Council writes to the family of Mr Ingham and Yousra Ahmad Karnib expressing our condolences for their loss.

 

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

 

Confirmation of Minutes

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

 

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

 

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

 

Declarations of Interest

 

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

 

Item:                    QWN 01 Question with Notice - Clr Rhodes - Georges River Bank Stabilisation

 

Reason:              Clr Shelton holds office on the board of an organisation relevant to this item. The position has no remuneration or regulatory powers.

 

Clr Shelton remained in the meeting for the duration of this item.

 

 

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

 

Item:                    QWN 05 Question with Notice - Clr Hadchiti - Western Sydney Aerotropolis State Environmental Planning Policy (SEPP) 2020

 

Reason:              Clr Hagarty lives within the 13km radius of the airport referred to in the report.

 

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

 

 

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

 

Item:                    QWN 05 Question with Notice - Clr Hadchiti - Western Sydney Aerotropolis State Environmental Planning Policy (SEPP) 2020

 

Reason:              Clr Hadchiti lives within the 13km radius of the airport referred to in the report.

 

Clr Hadchiti remained in the meeting for the duration of the item.

 

 

 

 

 

 

 

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

 

Item:          COM 01 Grants, Donations and Corporate Sponsorship

 

Reason:     Clr Hadchiti’s children attend karate lessons with an organisation that is involved in the 29th ISKA NSW Open but his children are not competing.

 

Clr Hadchiti remained in the meeting for the duration of the item.

Public Forum

 

Presentation – items not on agenda

 

Nil

 

Representation – items on agenda

 

1.       Wayne and Lorelai Burns made a submission on the following item which was circulated to Councillors:

 

Item EGROW 04 Issues and Options Report - Potential amendment to Liverpool Local Environmental Plan to permit a Recreation Facility (Outdoor) at 25 Dwyer Road, Bringelly

 

 


 

MAYORAL MINUTE

 

ITEM NO:       MAYOR 01

SUBJECT:     Support to flood relief appeal for Sudan

 

Since July 2020, widespread and heavy rain has been falling across Sudan, in North-East Africa, causing unprecedented flooding in 17 of its 18 states.

 

The disaster has claimed at least 100 lives. More than 500,000 people are in urgent need of shelter, water, food, hygiene, healthcare and other basic needs. An estimated 100,000 homes have been carried away by the flood waters. Crops have been destroyed. A lack of clean drinking water is increasing the risk of exposure to water-borne disease.

 

On 4 September, the Sudanese Government declared a three-month national state of emergency.

 

The Nile River and some of its tributaries have also reached their highest levels in 100 years.

 

Sennar, Khartoum and Al Gezira are the most affected states.

 

Teams of volunteers in Sudan are providing emergency support, shelter and food to people affected by the disaster and helping them move to higher and safer ground.

 

The number of people of Sudanese ancestry in Liverpool is larger than the Greater Sydney average and many Sudanese-Australians in the Liverpool Local Government area are deeply concerned about the floods and their impact on Sudan. These residents also have concerns for the safety and welfare of their family members and friends who remain in Sudan.

 

On behalf of Liverpool City Council, I express my sympathy and support to the people of Sudan during this difficult time. Council values the contribution Sudanese Australians have made to the rich fabric of Liverpool.  

  

Motion:                                  Moved: Mayor Waller  

 

That Council: 

 

1.      Donates $10,000 to the International Federation of Red Cross and Red Crescent Societies Emergency Appeal for Sudan.

 

2.      Writes to the Embassy of the Republic of the Sudan in Australia to express Council’s sympathy and support, and to advise of the donation.

 

3.      Writes to the Liverpool Australian Sudanese Community organisation to express Council’s sympathy and support, and to advise of the donation.

 

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


 

Chief Executive Officer Report

 

ITEM NO:       CEO 01

FILE NO:        240618.2020

SUBJECT:     Outcome of Public Exhibition of amendments to the Revenue Pricing Policy 2020-21

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

 

That the Revenue Pricing Policy (fees and charges) be adopted with the exception of the item regarding Telecomunications Infrastructure Facilities on Council owned / managed land, which is to be brought back to Council for consideration.

 

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

 

 

 

 

 

 

 


ITEM NO:       CEO 02

FILE NO:        242015.2020

SUBJECT:     Election of Deputy Mayor

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Rhodes

 

That:

 

1.      Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer for the 30 September 2020 – 4 September 2021 period; and

 

2.      The method of election for the position of Deputy Mayor of Liverpool City Council for the term 30 September 2020 – 4 September 2021 be determined by Open Vote.

 

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

 

NOMINATIONS

 

Nominations were called for the position of Deputy Mayor by the Acting Chief Executive Officer as the Returning Officer.

 

The Acting Chief Executive Officer advised that 2 nominations had been received, being for Clr Hadid and Clr Hagarty.

 

VOTING

 

 

CLR HADID

CLR HAGARTY

Clr Ayyad

X

 

Clr Balloot

X

 

Clr Hadchiti

X

 

Clr Hadid

X

 

Clr Hagarty

 

X

Clr Harle

X

 

Clr Kaliyanda

 

X

Clr Karnib

 

X

Clr Rhodes

X

 

Clr Shelton

 

X

Mayor Waller

 

X

 

Motion:                                   Moved: Clr Hadchiti             Seconded: Clr Hadid 

 

That:

 

1.     Clr Hadid be declared the Deputy Mayor of Liverpool City Council for the term 30  September 2020 to 4 September 2021;

 

2.     Council’s Register of Delegations be amended accordingly; and

 

3.     Council thank the outgoing Deputy Mayor, Clr Karnib for his three years of service to the role.

 

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

 

 

 

 


 

ITEM NO:       CEO 03

FILE NO:        244060.2020

SUBJECT:     Appointment of Councillors to Committees and Affiliated Bodies

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded:Clr Shelton

 

That Council:

 

1.      Appoint Councillors as representatives to the following Committees for the period to September 2021:

 

Aboriginal Consultative Committee

Representatives

Mayor (or delegate) and one Councillor

Current Representatives

Mayor Waller and Clr Shelton

Representatives for 2020-21

Mayor Waller and Clr Shelton

 

Audit, Risk and Improvement Committee

Representatives

Deputy Mayor and one Councillor

Current Representatives

Deputy Mayor Karnib and Clr Shelton

Representatives for 2020-21

Deputy Mayor Hadid and Clr Shelton

 

Casula Powerhouse Arts Centre Board       

Representatives

Mayor (or delegate), Deputy Mayor, and one Councillor

Current Representatives

Mayor Waller and Clr Kaliyanda.

Representatives for 2020-21

Mayor Waller and Clr Kaliyanda.

 

 

 

Companion Animal Advisory Committee    

Representatives

Mayor (or delegate), and one Councillor

Current Representatives

A report was submitted to the July 2020 Council meeting to endorse the Terms of Reference. A Councillor representative has not yet been determined.

Representatives for 2020-21

Mayor Waller and Clr Rhodes

 

District Forums

Representatives

One Councillor to chair.

Current Rural District Chairperson

Clr Harle

Chairperson for 2020-21

Clr Harle

Current New Release/Established District Chairperson

Clr Hagarty

Chairperson for 2020-21

Clr Hadid

Current 2168 District Chairperson

Mayor Waller

Chairperson for 2020-21

Mayor Waller

Current Eastern District

Chairperson

Clr Rhodes

Chairperson for 2020-21

Clr Rhodes

 

Environment Advisory Committee

Representatives

Two Councillors

Current Representatives

Clrs Shelton and Harle

Representatives for 2020-21

Clr Rhodes and Clr Shelton

Heritage Advisory Committee 

Representatives

Two Councillors

Current Representatives

Clrs Hadid and Harle

Representatives for 2020-21

Clr Rhodes and Clr Shelton

 

Intermodal Precinct Committee

Representatives

Two Councillors  (Clrs Hadchiti and Rhodes)

Current Representatives

At its meeting of 26 February 2020 Council adopted the Intermodal Precinct Committee Charter and revoked the Intermodal Committee Charter. At the 27 May 2020 Council meeting, Councillors Hadchiti and Rhodes were appointed as Council’s representatives, and as such can continue for the next 12 months. A separate report has been included in this Council Agenda paper relating to nominating a Chair to the Intermodal Precinct Committee.     

Clr Rhodes to Chair this Committee.

 

Liverpool Access Committee

Representatives

Mayor (or delegate) and one Councillor

Current Representatives

Mayor Waller and Clr Harle

Representatives for 2020-21

Mayor Waller and Clr Rhodes

 


Liverpool Sports Committee

Representative

Mayor (or delegate)

Current Representative

Clr Kaliyanda

Representative for 2020-21

Clr Kaliyanda

 

Tourism & CBD Committee

Representatives

Mayor (or delegate) and four Councillors

Current Representatives

Clrs Balloot, Hadid, Hadchiti, Hagarty and Shelton

Representatives for 2020-21

Mayor Waller, Clr Shelton, Clr Rhodes Clrs Balloot, Hadid and Clr Hagarty

 

Youth Council

Representatives

Mayor (or delegate) and two Councillors

Current Representatives

Mayor Waller, Clr Hagarty and Clr Kaliyanda

Representatives for 2020-21

Mayor Waller, Clr Kaliyanda and Clr Hagarty

 

 

  1. Notes that all Councillors are members of the following Committees, and as such specific appointments are not required:

a.    Budget Review Panel

b.    Strategic Panel

c.     Civic Advisory Committee

d.    Community & Safety Prevention Committee

 

  1. Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies them of their representatives for the period to September 2021:

 

Georges River Combined Councils Committee  (GRCCC)

Representatives

Two Councillors

Current Representatives

Clrs Harle and Shelton

Representatives for 2020-21

Clr Shelton and Clr Harle

 

 

 

 

Liverpool Pedestrian, Active Transport and Traffic Committee

Representatives

Mayor (or delegate)

Current Representatives

Clr Hagarty

Representatives for 2020-21

Clr Hagarty

 

Macarthur Bushfire Management Committee

Representative

One Councillor

Current Representative

Clr Harle

Representative for 2020-21

Clr Harle

 

NSW Metropolitan Public Libraries Association (NSW MPLA)

Representatives

Two representatives, one of whom shall be an elected Councillor and the other generally being a Library Manager.

Current Representatives

Clr Kaliyanda

Representatives for 2020-21

Clr Kaliyanda

 

South West City Planning Panel

Current Representatives

Mayor Waller and Clr Harle, with Clrs Hagarty, Karnib

and Rhodes as alternates

Representatives for 2020-21

Mayor Waller and Clr Harle, with Clr Hagarty, Clr Karnib and

Clr Rhodes as alternatives.

 

South West Sydney Academy of Sport (SWSAS)

Representative

One Councillor

Current Representative

Clr Kaliyanda

Representative for 2020-21

Clr Kaliyanda

 

Western Sydney Regional Organisation of Councils (WSROC)

Representatives

Mayor and one Councillor

Current Representatives

Clr Rhodes and Clr Balloot

Representatives for 2020-21

Clr Rhodes (as the Mayor’s delegate) and Clr Balloot, with Clr Harle and Clr Kaliyanda as alternates.

 

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

 

 

 

 

 

 

 

 


 

ITEM NO:       CEO 04

FILE NO:        246500.2020

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council note and endorse the Mayoral Direction dated 28 August 2020 attached to the report.

 

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

 

 

 

 

 

 

 


 

ITEM NO:       CEO 05

FILE NO:        239029.2020

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty    Seconded: Clr Rhodes

 

That Council:

 

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

 

2.      Retain the maximum $50 cap on the acceptance of gifts and benefits;

 

3.      Retain the position that all gifts and benefits no matter the monetary value are declared;

 

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

 

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

 

6.      Note that the maximum cap for State Members of Parliament is $500 and is discretionary.

 

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

 

 

 

 


City Economy and Growth Report

 

ITEM NO:       EGROW 01

FILE NO:        196421.2020

SUBJECT:     Planning proposal request to amend development standards and Schedule 1 of the Liverpool Local Environmental Plan 2008 to facilitate a mixed use development in the B6 zone at 146 Newbridge Road, Moorebank

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ayyad                Seconded: Clr Rhodes

 

That Council:

 

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

 

2.    Endorses in principle the planning proposal request;

 

3.    Delegates to the Acting Chief Executive Officer authority to prepare the formal planning proposal including any typographical or other editing amendments if required;

 

4.    Notes that negotiations will occur with the proponent on a potential voluntary planning agreement for the provision of affordable housing;

 

5.    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 with a request that Council be authorised as the local plan making authority and that the Gateway determination be conditioned requiring relevant technical documents be updated, that Section 9.1 Direction 2.6 (Remediation of Contaminated Land) be updated and a site specific DCP be prepared prior to public exhibition;

 

6.    Subject to Gateway determination, undertakes public exhibition and community consultation in accordance with the conditions of the Gateway determination and Council’s Community Participation Plan; and

 

7.    Receives a further report on the outcomes of public exhibition and community consultation.

 

8.    Forward the planning proposals for the Flower Power site and Concrete Crushers site to the Local Planning Panel and then receive a further report back to Council by the earliest possible Council meeting in 2020.

 

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

 

Councillors voted unanimously for this motion.


 

ITEM NO:       EGROW 02

FILE NO:        246006.2020

SUBJECT:     Planning proposal request to amend development standards and Schedule 1 of the Liverpool Local Environmental Plan 2008 to facilitate residential development at the proposed George's Cove marina at 146 Newbridge Road, Moorebank

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ayyad                Seconded: Clr Rhodes

 

That Council:

 

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

 

2.    Endorses in principle the planning proposal request;

 

3.    Delegates to the Acting Chief Executive Officer authority 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 with a request that Council be authorised as the local plan making authority and that the Gateway determination be conditioned requiring a site specific DCP be prepared prior to public exhibition;

 

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

 

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

 

7.      Negotiate a possible VPA with the developer.

 

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

 

Councillors voted unanimously for this motion.

 

 

 

 

 


 

ITEM NO:       EGROW 03

FILE NO:        209517.2020

SUBJECT:     Planning proposal request to rezone land and amend development standards at 1370 Camden Valley Way, East Leppington

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

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

 

2.    Endorses in principle the planning proposal request, subject to the proponent finalising the required amendments to the Liverpool Growth Centres Precinct DCP;

 

3.    Delegates to the Acting Chief Executive Officer authority to prepare the formal planning proposal including any typographical or other editing amendments if required;

 

4.    Delegates to the Acting Chief Executive Officer authority to negotiate a Voluntary Planning Agreement with the proponent, agree the terms of the offer with the proponent and report back to Council the details of the VPA prior to exhibition of the planning proposal, consistent with the Council’s Planning Agreements Policy;

 

5.    Endorses in principle the potential public benefits, to be further negotiated, including:

·         Social Court located within Open Space Area ‘C’ of approximately 330m2 including outdoor seating, basketball and netball hoop and bocce area including tree planting;

·         Concrete walking loop located within Open Space Area ‘C” of approximately 180m;

·         Pedestrian crossing (including refuge island) located in the southern portion of the site across the future collector road to the open space area;

·         Boardwalk/bridge across riparian corridor along the south-east portion of the site of approximately 70m;

 

6.    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 with a recommendation that amendments to the Liverpool Growth Centres Precinct DCP is included as a Gateway condition to be satisfied prior to public exhibition;

 

 

7.      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;

 

8.      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 04

FILE NO:        237969.2020

SUBJECT:     Issues and Options Report - Potential amendment to Liverpool Local Environmental Plan to permit a Recreation Facility (Outdoor) at 25 Dwyer Road, Bringelly

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Hadchiti            Seconded: Clr Hadid

 

That Council:

 

1.      Directs the Acting Chief Executive Officer to prepare a planning proposal to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 to permit, with development consent, a Recreation Facility (Outdoor) at 25 Dwyer Road, Bringelly and delegates authority to the Acting Chief Executive Officer to forward the planning proposal to the Department of Planning, Industry, and Environment seeking a Gateway determination;

 

2.    Notes that if a Gateway determination is issued, state agency consultation and public exhibition will be undertaken, and a post-exhibition report will be prepared for Council’s consideration; and

 

3.      Investigates including Recreation Facility (Outdoor) as a land use permitted with development consent in the R5 Large Lot Residential zone as part of Phase 2 of the LEP Review.

 

4.      Direct the Acting Chief Executive Officer to present an issues and options paper for potential amendments to State Environmental Planning Policy growth centres to permit, in a time limited manner, land uses that aren’t currently permitted.

 

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

 

Councillors voted unanimously for this motion.

 

 

 

 

 

 

 

 

 


 

ITEM NO:       EGROW 05

FILE NO:        240735.2020

SUBJECT:     Park Naming Application - Request to rename Cirillo Reserve, Middleton Grange

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Harle

 

That Council:

 

1.      Does not support the renaming of Cirillo Reserve to Segatto Sporting Complex;

 

2.      Investigate the naming of a building or sports field within Cirillo Reserve as “Segatto” to recognise the previous part ownership of the reserve.  

 

3.      Investigate whether this name can be used in new parks within the area of Middleton Grange.

 

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

 

 

 

 

 

 

 

 

 


 

ITEM NO:       EGROW 06

FILE NO:        252492.2020

SUBJECT:     Business Resilience Grants

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Balloot

 

That Council:

 

1.    Conclude the Business Resilience Grants program and allocate no further funding, noting that:

·         50 grants have now been issued through the program;

·         due to the competitive nature of the process not all applicants could receive a grant; and

·         the allocated budget has been exhausted.

 

2.    Receive a further report in May 2021 on the status of the Liverpool economy 12 months on from the first lockdown period and following the acquittal of the Business Resilience Grants program.

 

  1. Assist local small businesses by extending rent relief, if they qualify.

 

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

 

 

 

 

 


Clr Hadchiti declared a non-pecuniary, less than significant interest in the following item at the beginning of the item, which has been recorded on page 4 of these minutes.

 

City Community and Culture Report

 

ITEM NO:       COM 01

FILE NO:        217621.2020

SUBJECT:     Grants, Donations and Corporate Sponsorship

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council endorses the recommendation of $10,000 (GST exclusive) under the Corporate Sponsorship Program for the following project:

 

Applicant

Project

Recommended

International Sports Karate Association (IKSA)

29th ISKA NSW OPEN

$10,000

 

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

 

 

 

 

 


 

ITEM NO:       COM 02

FILE NO:        217919.2020

SUBJECT:     Acquittal Report for Grants, Donations and Corporate Sponsorship Program 2019/2020 FY

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Shelton

 

That Council receives and notes this report.

 

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

 

 

 

 

 

 

 

 


 

ITEM NO:       COM 03

FILE NO:        224048.2020

SUBJECT:     Child Safe Policy

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Rhodes

 

That Council:

 

1.    Receives and notes this report;

 

2.    Endorses the draft Child Safe Policy and the Draft Behavioural Standards for Keeping Children Safe for public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period; and

 

3.      Should no responses be received from the public exhibition period, authorise the Acting Chief Executive Officer to finalise the Child Safe Policy and oversee its implementation.

 

4.      Amend the Behavioural Standards for Keeping Children Safe so that the fourth point under the heading “Staff are not to engage in any of the following behaviours, at all times”, so that it reads:

 

“Show favour towards any child and should treat all children equally and fairly.”

 

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

 

 

 

 


 

City Corporate Report

 

ITEM NO:       CORP 01

FILE NO:        230066.2020

SUBJECT:     Bigge Park Cafes - Lot 702 DP 1056246, Bigge Street, Liverpool

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Rhodes

 

That:

 

1.      Council receive and note the report;

 

2.      A further report be submitted to Council upon completion of the tender process of the Pump House café; and

 

3.      A further report be submitted to Council in relation to the Courtside Café in due course.

 

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

 

 

 

 

 

 

 

 


 

ITEM NO:       CORP 02

FILE NO:        234632.2020

SUBJECT:     COVID-19 Response - City Development Fund Rebate Program

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Hadchiti

 

That Council:

 

1.    Endorse a capped rebate by application for landowners in the Liverpool CBD (excluding Westfield & Liverpool Plaza) that were affected by mandatory restrictions and who can demonstrate a 30% loss in cashflow in line with Option 5 as outlined in the report and specifically applying to the levied property at question;

 

2.    Reallocate funds from the “Eat Your Heart Out” program to fund this initiative.

 

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

 

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

 

 

 

 

 

 


 

ITEM NO:       CORP 03

FILE NO:        237915.2020

SUBJECT:     Investment Report August  2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Rhodes

 

That Council receives and notes this report.

 

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

 

 

 

 

 

 

 

 

 


 

City Infrastructure and Environment Report

 

ITEM NO:       INF 01

FILE NO:        219610.2020

SUBJECT:     2019-20 Capital Works Carryover of Projects

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Balloot

 

That Council approves the works and services listed in Attachment 1 with a remaining budget of $23,437,875 to be carried over from the 2019-20 Program Year to the 2020-21 Program Year.

 

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

 

 

 

 

 


 

Committee Reports

 

ITEM NO:       CTTE 01

FILE NO:        232120.2020

SUBJECT:     Meeting Notes of the Liverpool Access Committee meeting held on 13 August 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hagarty

 

That Council receives and notes the Meeting Notes of the Liverpool Access Committee Meeting held on 13 August 2020.

 

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

 

 

 

 

 

 

 


 

ITEM NO:       CTTE 02

FILE NO:        233063.2020

SUBJECT:     Minutes of the Aboriginal Consultative Committee meeting held on 6 August 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hagarty

 

That Council receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 6 August 2020.

 

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

 

 

 

 

 

 

 


ITEM NO:       CTTE 03

FILE NO:        235215.2020

SUBJECT:     Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 August 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hagarty

 

That Council receives and notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 August 2020.

 

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

 

 

 

 

 

 

 

 

 

 


 

ITEM NO:       CTTE 04

FILE NO:        240986.2020

SUBJECT:     Minutes of the Tourism and CBD Committee meeting held on 18 August 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hagarty

 

That Council:

 

1.    Receives and notes the minutes of the Tourism and CBD Committee meeting held on 18 August 2020.

 

2.    Endorse the recommendations in the minutes.

 

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

 

 

 

 

 

 

 


 

ITEM NO:       CTTE 05

FILE NO:        243551.2020

SUBJECT:     Minutes of the Intermodal Precinct Committee meeting held on 1 September 2020

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note the minutes of the Intermodal Precinct Committee;

 

2.    Endorse the recommendations in the minutes;

 

3.    Appoint either Cr Rhodes or Cr Hadchiti as Chairperson of the Intermodal Precinct Committee.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hagarty

 

That this item be deferred to the October 2020 Council meeting.

 

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

 

Note: Clr Rhodes was nominated as the Chairperson for the Intermodal Precinct Committee in Item CEO 03 Appointment of Councillors to Committees and Affiliated Bodies, on page 13 of these minutes.

 

 

 


 

ITEM NO:       CTTE 06

FILE NO:        245576.2020

SUBJECT:     Minutes of Strategic Panel Meeting held on 10 August 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hagarty

 

That Council receive and note the Minutes of the Strategic Panel Meeting held on 10 August 2020.

 

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

 

 

 

 

 

 

 

 

 


 

Questions with Notice

 

ITEM NO:       QWN 01

FILE NO:        218251.2020

SUBJECT:     Question with Notice - Clr Rhodes - Georges River Bank Stabilisation

 

Please address the following:

 

Can Council provide a report on the recent collapse of the Eastern bank of the Georges River opposite the Council dog park and bordering the Moorebank Intermodal.

 

1.    What is being done to stabilise the banks of the Georges River at this particular site and others along the Georges River?

2.    Who is responsible to stabilise the bank of the Georges River?

3.    When will stabilisation of the Georges River bank be done?

4.    Explain the Georges Riverkeeper’s involvement vs conditions imposed on development applications to stabilise the Georges River banks?

 

Recent collapse of the Georges River bank along side the Moorebank Intermodal site and opposite the Council dog park was disturbing to say the least.

 

A large chunk of the bank that borders the Moorebank Intermodal Development site recently fell into the River.

 

When the ground is left bare by human activities including clearing, building (and related activities) and vehicle use such as 4WD's and trail bikes the soil is easily washed away when it rains. Examples of this can be seen between Sandy Point and Alfords Point as sediment from the ridges washes into Mill Creek and then into the Georges River. This erosion removes the fertile topsoil and the soil that is washed into waterways can contain plant nutrients, minerals, organic matter and seeds. It can also contain pesticides and toxic heavy metals. 

 

When soil, sand, dust, cement, paint and building debris reach the waterways, they can:

·        increase the risk of flooding;

·        block drains;

·        spread weeds to bushland;

·        result in algal blooms;

·        cause health problems for swimmers; and

·        smother and suffocate water plants and animals and impact on their ability to reproduce.

 

The size of the erosion that fell into the Georges River in the one event is of particular concern and needs to be addressed.

 

Response

 

1.   What is being done to stabilise the banks of the Georges River at this particular site and others along the Georges River?

 

Riverbank erosion is generally a natural process which allows rivers to meander and change course and stabilise over time. However, while bank erosion is considered a necessary ecological process, eroding soil and associated nutrients are the most important and widespread causes of reduced water quality impacting overall river system health. Further, if uncontrolled, serious damage can result to community infrastructure including loss of valuable land and riparian vegetation.

 

Council has therefore adopted a risk-based program of works to stabilise bank erosion along the Georges River. This approach is primarily guided by the need to restore and protect Council assets comprising stormwater infrastructure considered to be in danger of collapse; land and open space that would otherwise suffer significant loss; and to preserve public safety.

 

The following presents examples of riverbank erosion works that have recently been undertaken along the Georges River:

 

a)   South Park, Chipping Norton - to provide stormwater outlet protection works.

 

b)   Pleasure Point Reserve, Pleasure Point - to restore progressive loss of land through bank erosion.

 

c)   Haigh Park, Moorebank - to repair significant asset damage from ongoing bank erosion and to restore public safety.

  

 

2.   Who is responsible to stabilise the bank of the Georges River?

 

At its meeting of 26 June 2019, Council considered a report on Activating the Georges River (copy attached), which included a detailed discussion regarding the current management responsibilities for the River and its broader catchment. The report outlined that due to its environmental value and recreation potential, around 18 agencies comprising State Government agencies, councils and community groups played different roles in the ongoing management of the Georges River. In this regard, the report concluded that with so many stakeholders and agencies having broad and overlapping responsibilities for the River, the lack of a clear governance structure has resulted in any improvement efforts being fragmented and uncoordinated.

 

With regards to the banks of the Georges River, based on legal advice received previously, Council’s local government area does not extend below the water level (or the low water mark for tidal areas of Georges River). The State has rights to the control, use and flow of all waters in rivers, with the areas below the low water mark generally vested in the Crown. In view of this advice, it’s clear that Council’s powers over rivers are limited.

 

In order to provide a coordinated approach to investigate and address management needs across the whole of the Georges River catchment, in May 2012, the NSW Office of Environment and Heritage (OEH) in collaboration with the Georges Riverkeeper member councils developed the Georges River Estuary Management Plan. Known as the Coastal Zone Management Plan (CZMP), it provides strategic direction and guidance on future strategic and environmental planning within the estuary and its catchment.  It also provides an action plan for undertaking targeted works and other initiatives aimed at achieving the overall goal of improving estuary and river condition.

 

Bank erosion along sections of the Georges River was identified as a key issue facing the estuary. The CZMP accordingly identified erosion protection and bank stabilisation works along a four-kilometre reach of the Georges River, generally between Liverpool Weir and Chipping Norton Lakes. It was estimated that the required stabilisation works would cost between $10 million and $20 million.

 

In view of this significant cost, Council’s constrained budgets and other competing priorities for infrastructure funding, the identified bank stabilisation works have not been able to be progressed at the scale envisaged in the CZMP.

 

3.   When will stabilisation of the Georges Riverbank be done?

 

The mass failure and subsequent collapse of the riverbank adjoining Casula Parklands (refer to photos below) was triggered by an extreme flood event of February 2020, where flow velocities and volumes exceeded the structural capacity of the banks. Such an extensive bank erosion would normally require engineered revetment infrastructure works to stabilise the banks and arrest further bank erosion. However, in this instance such a response is not considered necessary in view of the following:

·    due to its location along a bend in the River, there could potentially be long term adverse impacts downstream arising from natural river geomorphic processes of erosion and sediment deposition;

·    the eroded bank is not a current threat to any built environment and will very likely stabilise over time; and

·    costs associated with such significant restoration works would be prohibitive in the short to medium term.

 

While at this stage there are no plans for a comprehensive bank stabilisation program to be implemented along the Georges River, the following current and future programs provide the opportunity to selectively consider the need for bank stabilisation works: 

a)   River Connections - Council is currently progressing the planning and delivery of a package of high value projects along the Georges River corridor to create public spaces along the river that are inviting and desirable. These include the multi-million dollar planned investments in Light Horse Park and Casula Parklands. These on-ground activation programs will not only transform the parklands into thriving and vibrant public spaces, but will also play a crucial role in providing the required interface infrastructure and amenities to support the many in-river activation activities being planned. As part of planning for the interface infrastructure such as viewing platforms, jetties and ceremonial Ghats, opportunities to selectively restore and protect riverbanks will also be considered.

An update on the full scope the River Connections Program is planned to be provided in early 2021.

 

b)   Riparian vegetation - vegetation along riparian corridors play a crucial role in controlling and preventing erosion. Council’s Riparian Areas Vegetation Management Strategy (being developed) and Council’s bush regeneration activities along the riparian corridors will continue to provide ongoing protection to the riverbanks.

 

c)   Urban developments and development applications - Council has been utilising opportunities and funding mechanisms available through urban intensification to undertake relevant riverbank stabilisation works, such as the planned riverbank stabilisation along the Georges River between Atkinson Street and Mill Park as part of the Shepherd Street Precinct development.

 

4.   Explain the Georges Riverkeeper’s involvement vs conditions imposed on development applications to stabilise the Georges Riverbanks?

 

Georges Riverkeeper, formerly the Georges River Combined Councils' Committee (GRCCC), consists of eight local councils, as well as government agencies and community representatives within the Georges River catchment.  The Georges Riverkeeper Program services the GRCCC's eight member councils to identify key rubbish hotspots and areas for primary bush regeneration and weed control activities on the river's foreshores, creeks and tributaries. It coordinates the removal of rubbish and waste from the river catchment and monitors the ecological health of the river.

 

The Riverkeeper helps to facilitate a coordinated approach to the management of the Georges River. However, the role does not extend to providing input in the development assessment process.

 

 

 


 

ITEM NO:       QWN 02

FILE NO:        218348.2020

SUBJECT:     Question with Notice - Clr Hagarty - Western Sydney Parklands Trust

 

Background

 

In July the Berejiklian government announced it will fold the Centennial Park and Moore Park, Parramatta Park and the Western Sydney Parklands trusts into a new super trust.

 

This move would appear to run counter to Western Sydney Parklands' ethos of being Western Sydney's backyard and the Greater Sydney Commissions' Metropolis of Three Cities Plan.

 

While Centennial, Moore & Parramatta Parks are established open space which have existed for well over a century, Western Sydney Parklands is still being developed.

 

The social, economic and cultural needs of Western Sydney must be determined by the people of Western Sydney.

 

With this latest move and the impact of COVID-19 on the NSW budget, Liverpool needs reassurance that plans for Western Sydney Parklands are still on track.

 

Please address the following:

 

1.    Are plans for the development of the Liverpool section of Western Sydney Parklands still on track?

The Trust’s priorities remain activating, managing and maintaining Western Sydney Parklands including the Liverpool section under The Parklands Plan of Management 2030 and the Southern Parklands Framework 2018. Earlier this year, Shale Hills Dog Park opened in West Hoxton featuring 2-hectares of open space with state-of-the-art dog agility and is already a popular community destination

 

The Trust continues to work closely with Liverpool City Council and Transport for NSW to relocate Wylde MTB trail.

 

The Trust’s priorities for the area also include delivery of the new western ridges Walk, a 12-kilometre trail through the Cecil Hills Precinct. Construction is due to start next year with the walk anticipated to be open for visitors later in 2021.

2.      Will these plans change with the Western Sydney Parklands Trust being rolled into a super parklands trust?

 

It is business as usual across all areas of Western Sydney Parklands Trust’s award-winning parks and open spaces including the Parklands areas in the Liverpool Local Government Area.

3.    How will the unique needs and priorities of Western Sydney and Western Sydney Parklands be catered for in this new structure?

The Greater Sydney Parklands agency will be well-equipped to manage and safeguard existing parks across the city including Western Sydney Parklands, offering a stronger and better resourced parks agency for Sydney.

 

Each of the park trust’s legislation will remain in place – including Western Sydney Parklands - with all the protections and obligations under those acts.

 

This will ensure that the new combined agency can work strategically at a city-wide level and still retain a focus on local community interests.

4.    What structure will the board of the new trust take?

The Greater Sydney Parklands agency creates a combined board and administration of all three trusts to create a larger agency with increased resources and a greater voice to advocate for parks in Sydney. Eight directors sit on the Greater Sydney Parklands Board headed by Chair, Michael Rose.

 

The combined board will manage each of the existing parklands under their specific Acts, according to their specific heritage listings and plans of management.

5.    How many board members on the new trust will be from Western Sydney?

The board reflects a mix of representation from different localities and backgrounds.

6.    Will a board quota be set to ensure sufficient representation from Western Sydney?

A diverse and experienced board has been selected to ensure representation in the best interests of everyone. Board members will be well connected to communities right across the city and will be representing the interests of all areas including Western Sydney.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

 

That Council:

 

1.      Notes a stand-alone board for the Western Sydney Parklands is consistent with the vision of the Greater Sydney Commission’s metropolis of the three cities strategy; and.

 

2.      Writes to the relevant minister in support of a stand-alone board to manage the Western Sydney Parklands.

 

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

 

 

 

 

 

 


 

ITEM NO:       QWN 03

FILE NO:        220455.2020

SUBJECT:     Question with Notice - Clr Kaliyanda - Wattle Grove Lake

 

Please address the following:

 

1.    What measures have been undertaken to improve the water quality at Wattle Grove Lake? What measures have been found to be successful?

 

2.    What is the underlying issue with the water quality at Wattle Grove Lake?

 

3.    What measures are still being undertaken, or are currently planned, to improve the water quality at Wattle Grove Lake?

 

4.    How has Council sought partnerships and worked with other organisations in order to address this issue?

 

Response

 

1.   What measures have been undertaken to improve the water quality at Wattle Grove Lake? What measures have been found to be successful?

 

Wattle Grove Lake was constructed as part of land development by the Defence Housing Authority (DHA) in 1993. The Lake was originally constructed as a stormwater detention basin with the primary function of capturing and storing stormwater prior to discharging to Anzac Creek and ultimately the Georges River. However, over the years the function of the Lake has undergone significant change and has now become a crucial part of the local ecosystem providing habitat to native aquatic fauna as well as a number of exotic and native bird species, including ducks, geese and possibly others, from the nearby Georges River environs.

 

Over the past few decades significant urban developments have occurred within the catchment. Stormwater runoff from roads, residential and commercial premises and other sources appears to have transported significant litter, sediment, heavy metals, grease, oils, bacteria, nutrients and other chemicals into the Lake.

 

Wattle Grove Lake suffered a major fish kill event in 2012 triggering a comprehensive investigation into the causes of the fish kills. Council engaged consultants and set up partnerships with the Western Sydney University for a rigorous program of water sampling and testing. Following a period of testing and monitoring, it was found that the Lake had abnormally high levels of iron and other nutrients, particularly Nitrogen and Phosphorous. The elevated concentrations of iron and other heavy metals appear to have been the primary cause of the decline in the quality of the water and ecological condition of the Lake. Council immediately developed and implemented a program of improvements to address the poor water quality issues. The improvement works included:

·     Extensive bank erosion protection works to eliminate sediment runoff and control turbidity;

·     Selected removal of silt and sediment from within the Lake to directly remove contaminants.

·     A regular program of carp and eel removal, including partnering with the local fishing club to allow fishing and removal of carp and eels. The presence of large numbers of carp and eels are detrimental to the survival of the native wildlife. Further, due to shallow depths of the Lake, any disturbance to the sediment beds caused by the eels and carp results in an immediate surge in turbidity. As a result, the Lake constantly appears to be murky.

·     Installation of fountains and aerators to increase circulation and oxygen levels.

·     Improvements to garden beds to reduce sediment runoff into the Lake.

·     Introduction of a program of regular audit of the gross pollutant traps (GPT) to analyse its performance. This resulted in modifications to numerous GPTs to improve capture of pollutants before reaching the Lake.

 

Description: E:\Joel's Stuff\Work\WGL\IMG_1598.JPG Description: F:\DCIM\100OLYMP\P8131492.JPG

Photos showing sediment removal and bank protection works undertaken.

 

Council considers that the above measures, together with ongoing monitoring of water quality, have been successful in addressing the extreme conditions that resulted in the fish kills. This is further demonstrated by past water sampling data that shows a gradual decline in the turbidity and iron levels.

 

The turbidity and appearance issues arise from the shallow depths and the fauna that inhabit the Lake. It is considered that regular and systematic removal of carp and eels will assist in controlling these issues over time. Based on a more recent inspection of the Lake, the water quality appears to have stabilised and is considered satisfactory, as shown in the photos below.

 

Photos of Wattle Grove Lake

 

2.   What is the underlying issue with the water quality at Wattle Grove Lake?

 

Following extensive sampling, testing and analysis of water in the Lake, Council considers that the following factors have been the primary cause of poor water quality in Wattle Grove Lake:

·     Urban development in the area over the past few decades has resulted in significant transport of pollutants into the Lake.

·     The original design of the Lake does not appear to consider potential pollutant transport and necessary treatment requirements.

·     Existing depth of the lake is not sufficient to allow the sediment particles to settle, causing an ongoing turbidity issue. Shallow depth and movement of carp and eels has also exacerbated the turbidity issue.

 

3.   What measures are still being undertaken, or are currently planned, to improve the water quality at Wattle Grove Lake?

 

A range of water sampling and testing programs have continued over the years to actively monitor water quality variations to enable Council to predict extreme events such algal blooms and fish kills. These have included:

·     Ongoing partnership with Western Sydney University enabling coordinated monitoring of the water quality of the Lake. This monitoring program was recently expanded to include groundwater monitoring around Wattle Grove Lake to assess if groundwater is a potential source of lake water contamination causing the deterioration of the lake water quality. The results concluded that there was no evidence of groundwater contaminating the Wattle Grove Lake.

·     More recently, the Department of Defence have undertaken sediment and surface water samples from Wattle Grove Lake as part of PFAS related investigations in and around the Holsworthy Barracks. All results were below the human health and ecological screening criteria and there was no evidence of any external contaminants, other than those identified above.

 

 

To provide longer term solutions to the water quality issues, Council investigated the following two options:

a)    Addressing inherent design flaws - it was considered that redesigning the Lake to improve inlet conditions and to increase the Lake depth would improve the water quality. However, it was found that any major engineering works would require draining of the Lake causing serious damage to the lake ecology. This option would also require a significant investment of capital funds.

b)    Construction of floating reed beds - research has shown that introducing floating reed beds into the lake would increase the uptake and absorption of the nutrients and improve water quality. The estimated cost for establishment of a floating reed bed was found to be over $2.0M. Due the high cost of this option and other competing priorities for council funding, this option was not further progressed.

 

4.   How has Council sought partnerships and worked with other organisations in order to address this issue?

 

As discussed above, Council has worked with numerous consultants and has formed partnership with the Western Sydney University to develop a detailed understanding of the underlying factors that are causing the water quality issues. This has enabled council to develop and implement improvement strategies that appears to have controlled the extreme conditions that have previously affected this lake.

 

 

 

 

 


 

ITEM NO:       QWN 04

FILE NO:        255955.2020

SUBJECT:     Question with Notice - Clr Hagarty - JobKeeper and JobSeeker

 

Please address the following:

 

With JobKeeper and JobSeeker set to be reduced or removed for many come October, do we have approximate numbers on:

 

  1. Number of businesses in Liverpool who will lose JobKeeper?

 

  1. Number of people they employ?

 

  1. Number of people on JobSeeker in Liverpool?

 

 

A response to these questions will be provided in the 27 October 2020 Council meeting business papers.

 

 

 

 

 

 


 

ITEM NO:       QWN 05

FILE NO:        255990.2020

SUBJECT:     Question with Notice - Clr Hadchiti - Western Sydney Aerotropolis State Environmental Planning Policy (SEPP) 2020

 

Please address the following:

 

1.    With the release of the Western Sydney Aerotropolis State Environmental Planning Policy (SEPP) 2020, have any major implications been identified that effect our LGA?

 

 

A response to these questions will be provided in the 27 October 2020 Council meeting business papers.

 

 

 

 

 

 

 

 


 

Notices of Motion

 

ITEM NO:       NOM 01

FILE NO:        255803.2020

SUBJECT:     Integrated Pest Management Policy and Strategy

 

BACKGROUND

 

Council is frequently contacted by residents regarding the management of introduced and other species regarded as pests, such as Indian myna birds, eels, carp and foxes.

 

Such species threaten native biodiversity and may potentially pose a threat to humans.

 

Neighbouring local government areas (LGAs) such as Camden and Campbelltown have either specific plans, such as an Indian Myna Bird Management Plan, or more comprehensive Integrated Pest Management Plans.

 

The NSW EPA recommends Integrated Pest Management (IPM) as an environmentally sensitive way of managing pests. It uses a combination of practices and control methods with the aim of preventing problems from occurring and reducing the need for pesticide intensive activities. IPM activities include:

·           Forward planning

·           Regular monitoring

·           Timely decision making

 

A necessary component of an IPM Policy and Strategy should also be a community engagement strategy to ensure residents, local businesses and schools, are also encouraged to be involved and take part in initiatives to protect native biodiversity.

 

An IPM Policy and Strategy integrates appropriate measures that discourage the development of pest populations while maintaining pesticides and other interventions to levels that are economically justified and reduce or minimise risks to human health and the environment. They should establish local priorities for pest species and areas to be managed and includes an action plan outlining time frames for implementation.

 

NOTICE OF MOTION (submitted by Clr Kaliyanda)

 

That Council:

 

1.    Develop an Integrated Pest Management Policy and Strategy for the Liverpool LGA and report back to Council by the first February 2021 meeting, with the strategy to follow subsequently; and

 

2.    Include a plan for community awareness and engagement of the policy and strategy within the LGA.

 

COUNCIL DECISION

 

Motion:                                  Moved:Clr Kaliyanda           Seconded: Clr Rhodes

 

That Council:

 

1.      Develop an Integrated Pest Management Policy and Strategy for the Liverpool LGA and report back to Council by the first February 2021 meeting, with the strategy to follow subsequently; and

 

2.      Include a plan for community awareness and engagement of the policy and strategy within the LGA.

 

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

 

 

 

 

 

 


 

ITEM NO:       NOM 02

FILE NO:        255851.2020

SUBJECT:     Liverpool Multicultural Park

 

BACKGROUND

 

Liverpool prides itself as a vibrant multicultural community. Our residents come from all corners of the earth and we have a rich and proud indigenous history.

 

As a peaceful, democratic nation, each of us are afforded the opportunity to proudly celebrate our heritage. In Liverpool will do this openly and inclusively with the entire community, peacefully and in harmony.

 

It is often said that Australia is the most successful multicultural nation on Earth. While we believe this to be true, it is not enough to simply repeat a cliché for it to continue to be so. It requires continuous hard work and reminders of what it took to build this great achievement.

 

As the face of multicultural Australia, Liverpool should have a place that celebrates this achievement and the contribution of multiculturalism to Australia and specifically our LGA.

 

The Serbian Orthodox Youth Association (SOYA) are seeking to celebrate the contribution of the Serbian Community in South West Sydney and in particular Liverpool, which is home to thousands of Serbian Australians, with a park.

 

In the case of the Serbian community, the park would highlight the long standing alliances between Serbia and Australia shared in both World Wars. It would also honour modern Australians of Serbian descent such as Rale Rasic; Jelena Dokic; Professor Ana Deletic; and Karl and Peter Stefanovic.

 

Let the passion and drive of SOYA to honour to the contribution of Serbian Australians, serve as the catalyst for Liverpool to recognise the enormous contribution of multiculturalism to our city.

 

NOTICE OF MOTION (submitted by Clr Hadchiti and Clr Hagarty)

 

That Council:

 

1.      Notes Liverpool is the face of multicultural Australia;

 

2.      Notes Australia as the most successful multiculturalism nation on Earth;

 

3.      Notes the successful contribution multiculturalism has made to modern Australia;

 

4.      Acknowledge the contribution the Serbian Community makes to the Liverpool LGA;

 

5.      Support the establishment of a Liverpool Multicultural Park;

 

6.      Direct the Chief Executive Officer to work closely with SOYA to develop a Serbian section of the Liverpool Multicultural Park;

 

7.      Note the support of the local State & Federal members of Parliament;

 

8.    Writes to local and surrounding State & Federal MP’s noting Councils support and request a monetary contribution for the establishment of such a park.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hagarty

 

That Council:

 

1.      Notes Liverpool is the face of multicultural Australia;

 

2.      Notes Australia as the most successful multiculturalism nation on Earth;

 

3.      Notes the successful contribution multiculturalism has made to modern Australia;

 

4.      Acknowledge the contribution the Serbian Community makes to the Liverpool LGA;

 

5.      Support the establishment of a Liverpool Multicultural Park;

 

6.      Direct the Chief Executive Officer to work closely with SOYA to develop a Serbian section of the Liverpool Multicultural Park;

 

7.      Note the support of the local State & Federal members of Parliament;

 

8.      Writes to local and surrounding State & Federal Members of Parliament noting Councils support and request a monetary contribution for the establishment of such a park.

 

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

 

 

 

 

 

 

 

 

 

 

 


ITEM NO:       NOM 03

FILE NO:        255945.2020

SUBJECT:     Housing targets and our fair share

 

BACKGROUND

 

Council has long argued that our population growth has not been matched with the requisite infrastructure to support it.

 

While we have some of the highest housing targets in the State, this has not been met with adequate physical and social infrastructure such as schools, hospitals, roads, public transport and critical Government services.

 

Recently, Rob Stokes, the Minister for Planning and Public Spaces, confirmed in a letter to Ku-ring-gai Council that councils, not the Greater Sydney Commission, are responsible for determining their housing supply targets.

 

The letter confirmed the housing targets set by the Greater Sydney Commission are not a legal requirement upon councils.

 

NOTICE OF MOTION (submitted by Clr Hagarty)

 

That Council:

 

1.      Notes the letter from Rob Stokes, the Minister for Planning and Public Spaces, that councils, not the Greater Sydney Commission, are responsible for deciding their local housing supply targets; 

 

2.      Notes the many standing motions of Council regarding a lack of infrastructure in our LGA;

 

3.      Notes it will work constructively with the State and Federal Governments to ensure housing targets are matched with the required infrastructure to support them; and

 

4.    Acknowledges it may increase or reduce housing targets as it sees fit.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Karnib

 

That Council:

 

1.      Notes the letter from Rob Stokes, the Minister for Planning and Public Spaces, that councils, not the Greater Sydney Commission, are responsible for deciding their local housing supply targets; 

 

2.      Notes the many standing motions of Council regarding a lack of infrastructure in our LGA;

 

3.      Notes it will work constructively with the State and Federal Governments to ensure housing targets are matched with the required infrastructure to support them; and

 

4.      Acknowledges it may increase or reduce housing targets as it sees fit.

 

5.      Acknowledge the continued lobbying by Council for the improvement of infrastructure and that it continue to be a priority.

 

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

 

 

 

 

 

 


 

 

PRESENTATIONS

 

Clr Hagarty made a presentation relating to a book by the federal member for Fenner, The Hon Dr Andrew Leigh and Mr Nick Terrell, titled “Reconnected: A Community Builder’s Handbook”. 

 

The book looks at some of the most successful community organisations and initiatives in Australia, with regards to community building in the 21st century. It includes conversation groups, community gardens, park runs and pub choir, which has been active in Liverpool

 

Clr Hagarty provided the authors with information relating to the Ferrington Collective, which worked with the Men’s Shed and Council to restore Ferrington Park. A quote from Lisa Wharton, a prominent member of the Ferrington Collective, has been included in this book and refers to Council and the Ferrington Collective in a very positive light and highlights this project as a fantastic example of Community building.

 

Clr Hagarty commended the Ferrington Collective and all Council staff for their work on this project.

 

 


Confidential Items

 

Motion:                                  Moved: Mayor Waller           Seconded: Clr Rhodes

 

That items CONF 01, CONF 02, CONF 03 and CONF 07 be moved to the end of this meeting and dealt with in Confidential Session pursuant to provisions s10(A)(2)(ci), s10(A)(2)(d i), s10(A)(2)(d ii), s10(A)(2)(d iii) of the Local Government Act 1993 because they contain:

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

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

·           Commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council; and

·           Commercial information of a confidential nature that would, if disclosed reveal a trade secret.

 

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

 

ITEM NO:       CONF 04

FILE NO:        237955.2020

SUBJECT:     Out of Office Hours Compliance Officers

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

 

That this matter be deferred until a further report can be provided informing the Councillors of the options available regarding officers being available 24/7 and the feasibility and costings of the following:

 

·         Four officers working from 7am to 3pm five days a week and two officers working from 4pm to 9pm Monday to Friday and 11am to 2pm Saturday and Sunday; and

 

·         Whether it is possible for all Compliance Officers to be able to address all Compliance issues and the cost of this.

 

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


ITEM NO:       CONF 05

FILE NO:        238120.2020

SUBJECT:     Acquisition of Lot 410 in DP 1233750, 70 Seventeenth Avenue in Austral for drainage purposes.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That Council:

 

1.    Approves the acquisition of Lot 410 in DP 1233750, 70 Seventeenth Avenue Austral, within the terms outlined in this confidential report.

 

2.    Authorises the Acting Chief Executive Officer or their delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision, and

 

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

 

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

 

 

 

 

 

 

 

 


 

ITEM NO:       CONF 06

FILE NO:        238441.2020

SUBJECT:     Three (3) year Extension of Civica Spydus Managed Services Agreement

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That Council extends the contract with Civica Pty Limited to continue use of the Spydus Library Management system for a period of three (3) years under section 55(3)(i) of the Local Government Act 1993.

 

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

 

Councillors voted unanimously for this motion.

 

 

 

 

 

 

 

 


1

 

 

ITEM NO:       CONF 08

FILE NO:        245793.2020

SUBJECT:     Acquisition of part of 13 First Avenue, Hoxton Park

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That Council:

 

1.    Approves the acquisition of Proposed Lots 612 and 613, being part of Lot 61B in DP389791 and13 First Avenue, Hoxton Park, on the terms outlined in this confidential report;

 

2.    Authorises the Chief Executive Officer or his delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision;

 

3.    Classify Proposed Lots 612 and 613 as “operational’ land in accordance with section 31(2) of 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 09

FILE NO:        247547.2020

SUBJECT:     International Trade Engagement Strategy and New Zealand Trade Mission update

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Shelton

 

That Council:

 

1.      Receive and note this report;

 

2.      Receive a further report back to Council in April 2021 on the COVID-19 situation in relation to international border restrictions, and

 

3.      Continue the International Trade Engagement Strategy for a further 12 months followed by a review of the Strategy and report back to Council at the end of that period.

 

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

 

 

 


Mayor Waller called a recess of Council at 8.06pm.

 

Mayor Waller reopened the meeting at 8.17pm

 

Council moved into Confidential Session at  8.17pm.

 

ITEM NO:       CONF 01

FILE NO:        255996.2020

SUBJECT:     Confidential Question With Notice - Management of the operating system for the parking meters

 

Please address the following:

 

Is there anything that restricts Council from seeking expressions of interest or calling for a tender to supply the management of the operating system for the parking meters throughout our LGA?

 

A response to these questions will be provided in the 27 October 2020 Council meeting business papers.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That Council undertake a market assessment to understand what technology is in the market with a view to undertaking a competitive selection process.

 

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

 

 

 

 

 

 

 

 

 


ITEM NO:       CONF 02

FILE NO:        235470.2020

SUBJECT:     Acquisition of Lot 1047 DP2475 being 265 Sixth Avenue, Austral

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

 

That Council:

 

1.    Does not approve the purchase of Lot 1047 DP2475 being 265 Sixth Avenue, Austral;

 

2.    Investigate the allocation of funds to purchase the property initially identified as option 8 for the location for the future Liverpool Animal Shelter;

 

3.    Authorises the Acting Chief Executive Officer or his delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision; 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.

 

Foreshadowed motion:       Moved: Clr Hagarty              Seconded: Clr Balloot

 

That Council:

 

1.    Approves the acquisition of Lot 1047 DP2475, being 265 Sixth Avenue Austral, within the terms outlined in this confidential report;

 

2.    Authorises the Acting Chief Executive Officer or his delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision;

 

3.      Resolves to classify Lot 1047 DP2475 as “operational” land in accordance with the Local Government Act, 1993; and

 

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

 

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

 

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

 

ITEM NO:       CONF 03

FILE NO:        237384.2020

SUBJECT:     ST2964 Environment Restoration Plan Bush Regeneration Program of Works 2020-2023

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

 

That Council: 

 

1.      Accept the Tender from the following Offerors for Tender ST2964 Environment Restoration Plan Bush Regeneration Program of Works 2020-2023 for three (3) year contract term at the GST inclusive price:

 

Portion A

Toolijoa Pty Ltd

$127,429.50

Portion B

National Trust of Australia (NSW)

$249,448.58

Portion C

Total Earth Care Pty Ltd ATF The Irrawong Trust

$156,707.10

Portion D

National Trust of Australia (NSW)

$178,351.80

Portion E

National Trust of Australia (NSW)

$311,042.60

Portion F

National Trust of Australia (NSW)

$408,611.50

Portion G

National Trust of Australia (NSW)

$130,110.20

Total

 

$1,561,701.28

 

2.      Makes public its decision regarding Tender ST2964 Environment Restoration Plan Bush Regeneration Program of Works 2020-2023.

 

3.      This report has been brought to Council because the Chief Executive Officer’s instrument of delegation, approved by Council in accordance with the current provisions of section 377 of the Local Government Act 1993, only permits the Chief Executive Officer to approve (and not to reject) tenders up to a value of $2 million. Therefore, subclause 377 (1)(i) of the Local Government Act 1993 a council may, by resolution, delegate the Chief Executive Officer, the acceptance of tenders to provide services currently provided by members of staff of the council.

 

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

 

 

 

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

 

6.      Receive a future report at a Strategic Panel meeting that investigates the opportunities for Council staff to undertake the future restorations themselves rather than requesting tenders.

 

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

 

Councillors voted unanimously for this motion.

 

 

 

 


 

ITEM NO:       CONF 07

FILE NO:        237385.2020

SUBJECT:     RCL2989 Tree Maintenance Services

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

 

That Council: 

 

1.    Accept the tenders from the following Offerors for Tender RCL2989 Tree Maintenance Services for Portion A – Tree Maintenance and Removal for two (2) year, with the option to extend by one (1) x 12 months contract term at the GST inclusive price:

·    Treeserve Pty Ltd

·    Plateau Tree Service Pty Limited

·    Active Tree Services Pty Ltd

 

2.      Makes public its decision regarding tender RCL2989 Tree Maintenance Services.

 

3.      This report has been brought to Council because the Chief Executive Officer’s instrument of delegation, approved by Council in accordance with the current provisions of section 377 of the Local Government Act 1993, only permits the Chief Executive Officer to approve (and not to reject) tenders up to a value of $2 million. Therefore, subclause 377 (1)(i) of the Local Government Act 1993 a council may, by resolution, delegate the Chief Executive Officer, the acceptance of tenders to provide services currently provided by members of staff of the council.

 

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

 

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

 

6.      Receive a future report at a Strategic Panel meeting to discuss the funding implications and staffing implications of conducting this type of work in house rather than requesting tenders in future.

 

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

 

Councillors voted unanimously for this motion.

 


Mayor Waller moved the meeting into Open Session at 9.03pm and read the resolutions for items CONF 01, CONF 02, CONF 03 and CONF 07, found on pages  65, 66, 67 and 69 of these minutes.

 

 

THE MEETING CLOSED AT 9.07pm.

 

 

<Signature>

Name: Wendy Waller

Title:    Mayor

Date:    27 October 2020

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  30 September 2020. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.


1

Ordinary Meeting

27 October 2020

Chief Executive Officer Report

 

CEO 01

COVID-19 - Liverpool City Council Response

 

Strategic Direction

Leading through Collaboration

Seek efficient and innovative methods to manage our resources

File Ref

270354.2020

Report By

George Hampouris - Acting Director City Corporate

Approved By

Dr Eddie Jackson - Acting Chief Executive Officer

 

 

Executive Summary

 

Council adopted a number of initiatives in response to COVID-19 at an extraordinary Council meeting held in April 2020. Amongst other things this included waiving outdoor dining fees, waiving/abating rent for retail and small tenancies, waiving parking fees for essential workers and applying discretion when issuing infringements while protecting public health and safety.

 

Respective dates for the implementation and ending of the initiatives have also been defined with further clarity by Council via the “End of Corona Virus pandemic definition” NOM in June 2020.

 

It is noted that the initiatives that have ended include the financial benefit provided by Council associated with the waiver of outdoor dining fees, rental abatement to Council’s retail and small tenants and the provision of free parking permits to essential workers.

 

In September 2020 Council resolved to assist local small businesses by extending rent relief, if they qualify. As such it is recommended that Council apply the provisions of the Retail and oth­er Com­mer­cial Leas­es (COVID-19) Reg­u­la­tion for Council’s tenants as a basis for this qualification.

 

Council has previously identified an end date of 30 June 2021 associated with compliance and enforcement matters (including five specific circumstances outlined in the resolution). It is recommended that the end date be revised to 30 November 2020 in respect to the freezing of parking infringements for metered parking in the CBD. The rationale for this is to ensure there is improved parking availability in the Liverpool city centre, and budgetary impacts which are detailed in this report.

 


 

RECOMMENDATION

 

That Council:

 

1.    Note that the waiver for outdoor dining fees ceased on 31 August 2020 and that a waiver of fees totalling approximately $21,600 was provided to existing outdoor café permit holders.

 

2.    Note that the waiver for rental abatements for Council’s retail and small tenants ceased on 31 August 2020 with a total rental abatement of approximately $160,130 having been provided.

 

3.    Apply the provisions of the Retail and oth­er Com­mer­cial Leas­es (COVID-19) Regulation for Council’s tenants (subject to qualification) in relation to extending rent relief for the period 1 November to 31 December 2020.

 

4.    Note that 415 free car parking permits and pass cards have been issued by Council to essential workers at a value of $527,863.

 

5.    Note that the provision of free permit based carparking at Northumberland carpark ceased on 30 September 2020.

 

6.    Extends the provision of free pass card parking at Warren Serviceway carpark until 31 October 2020.

 

7.    Approve the end date associated with Initiative 7 to be 30 November 2020.

 

 

REPORT

 

A Mayoral Minute considered at the Council Meeting on 25 March 2020 outlined Council’s response to the novel coronavirus (COVID-19) pandemic and identified ways in which Council could support the community.

 

It was resolved (MAYOR 1):

 

That Council

 

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

 

2.   Waive the following fees:

·    Outdoor Café permit; and

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

 

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

Hospital carpark; and

 

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

 

At the extraordinary Council Meeting on 16 April 2020, Council adopted a number of additional initiatives in response to COVID-19 including the following:

 

COMPLIANCE

 

5. Initiative:

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

 

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

 

Based on subsequent Councillor COVID-19 briefings, and concerns regarding the presence of COVID-19 in the local community, the dates were extended.

 

The provision of free parking permits in the Northumberland Carpark and CBD businesses ceased on 30 September 2020, whilst the provision for parking in the Warren Serviceway carpark is to cease on 31 October 2020.

 

It is recommended that the current arrangements not be extended past 31 October 2020.

 

Having account of the end dates for the current arrangements, Council has issued a combined total of 415 free carparking permits and pass cards which equates to a value of $527,863 for free parking to essential workers.

 

Since Council resolved to waive the fees for parking in the Warren Serviceway car park for essential workers, Council has directly assisted Liverpool Hospital staff, Public Health staff, NSW Police, NSW Civil and Administrative Tribunal staff and various allied health service providers. In addition, Council has assisted Centrelink staff and numerous CBD business proprietors and their staff with parking permits at no cost.

 

Recipients of the free parking have expressed their appreciation to Council as they appreciate the free parking and see it as working collaboratively with Council to manage the pandemic.   

 

 

 

 

 

 

 

Table: Parking permits/ pass cards issued for Council parking and value.

 

 

The provision of free parking impacts the overall availability of parking in the City Centre as casual parkers at Warren Serviceway car park are generally people who have to attend medical appointments and are now unable to find parking in the car park.

 

The non-enforcement of on-street parking restrictions appears to have resulted in motorists overstaying the timed parking limits with some business proprietors and their staff parking also parking on-street and impacting upon the turnover of the limited number of available parking spaces. This has seen demand for the Warren Serviceway carpark increase to the stage where it has been closed to additional parking.

 

Under the current provisions resolved at the Council meeting of 24 June 2020, where a resolution is not subject to the lifting of a restriction and the resolution requires Council to provide assistance for an unspecified period – then, for the purpose of implementing the resolution, the resolution will apply for the duration of the 2020/21 financial year, unless otherwise resolved by Council. This appears to apply to the use of discretion when issuing infringements, with an expectation having developed of untimed free on-street parking.

 

At a Councillor briefing session, a question was raised regarding the issue of motorists overstaying timed on-street parking as they’ve realised that Council staff are only issuing fines under certain circumstances (i.e. for safety matters). It was asked whether that is causing a problem in terms of parking availability. Particularly, are parking spots at capacity making it difficult for others to find a spot or are there still plenty of spots available?

It was identified that a parking audit would be undertaken to determine whether the current COVID-19 initiative resolved by Council to only issue fines for key offences is impacting on the availability of on street parking and therefore impact on business in the CBD.

 

This audit of on-street parking was undertaken at midday on 14 October 2020. During the audit, it was identified that Northumberland Street was the only street with a few vacant parking spaces. In the other streets, there were no available parking spaces with motorists double parked hoping for a space to become vacant.

 

The parking meters do not have sensors and are therefore not able to record motorists who have not entered their plate number into the machine, overstaying the timed parking. As such only a visual inspection can be used to gauge street parking capacity. The visual inspection indicates that parking demand has increased. Considering the behaviour of motorists in the CBD, i.e. double-parking which sometimes affects traffic flow, the recommencement of regular enforcement is needed.   

 

The demand for casual parking at Warren Serviceway car park has also increased daily as businesses start to return to normal, enabling residents to attend to their medical appointments. Warren Serviceway car park is ideally located close to numerous medical professionals. The free parking currently being provided reduces the available casual parking as the car park is frequently full by mid-morning.   

 

As the Christmas trade period is approaching, the availability and turnover of carparking in the CBD is an important factor in stimulating business trade. The enforcement of timed parking will assist in improving the turnover of metered parking spaces.

 

It is recommended that Council approve the end date associated with this initiative to be 30 November 2020. This date will coincide with the recommendation pertaining to Initiative 7. i.e. to reactivate metered parking on the 1 December in order to improve parking circulation in the Liverpool CBD particularly to assist with Christmas trade for local retailers.

 

7. Initiative

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

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

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

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

·    Environmental pollution incidents; and

·    Dog attacks.

Initiative 7 effectively limits enforcement to five specific circumstances. This has limited the actions that can be taken by Council’s Authorised Officers when investigating unlawful activities. For example, if a person carries out unauthorised work contrary to the Environmental Planning and Assessment Act 1979, an officer is unable to issue an infringement under this initiative.

 

NSW Ombudsman Enforcement Guidelines for Councils and Council’s Enforcement Policy leave the exercise of discretionary powers with the enforcement officers. This initiative inadvertently limits those discretionary powers.

 

In addition, to ascertain whether the limited parking enforcement as a result of this initiative has impacted on availability of parking spaces, an audit was carried out by Council staff as identified above. The audit covered sections of George Street, Macquarie Street and Northumberland Street as these are the main streets with paid parking in the city centre.

 

The audit identified that Northumberland Street was the only street with a few vacant parking spaces. However, the other streets had no available parking spaces with motorists double parked hoping for a space to become vacant.

 

It is also noted that demand for parking in the Warren Serviceway car park has returned to pre-COVID levels with the car park full by 10am. As the parking meters do not have sensors staff are unable to determine whether vehicles are paying for parking. The information therefore obtained during this audit indicates that parking demand has increased.

 

During this period (April 2020 to 8 October 2020) 3,725 customer requests were received by the Community Standards Department from the community. In some instances, issuing an infringement is the only enforcement option available to Council. However, due to this initiative, Authorised Officers have not been able to take any enforcement action. Acting in the public interest and taking into account the effect on the good order and functioning of the community, consideration should be given to ending this initiative and permitting Authorised Officers to proceed with enforcement action including the issuing of fines when unlawful activities are conducted.

 

It is recommended that the end date for this initiative be brought forward from 30 June 2021 to the recommended end date being 30 November 2020.

 

The financial implication of Initiative 7 to date has been $600,000 per quarter in reduced fines.


 


RATES AND REVENUE

 

11. 12. 13. and 14. Initiatives:

 

That Council:

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

 

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

 

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

 

Further to a resolution passed at the Council Meeting on 24 June 2020 (NOM 01), the rent abatement in paragraph 1 was to apply until 1 September 2020. Invoices were subsequently issued for September and October 2020 to all tenants.

 

As outlined in Councillor COVID-19 Briefing on 24 September 2020, Council had received a petition from five of the tenants in Council’s 33 Moore St building seeking a further rental abatement period.

 

Noting that Council had provided its retail small tenants with a full 100% rental abatement for a period of 5 months, it was identified that the assistance that Council had provided was well in excess of the provisions of the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) (Regulation). Under the provisions of the regulations, if the tenants met specific criteria, a rental waiver of up to 50% could be considered in addition to rental deferment for up to 12 months.

 

On 24 April 2020, the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) (Regulation) commenced, affecting both retail and commercial leases in New South Wales. The Regulation gives effect to the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19 (Code) which was adopted by the Federal Government on 7 April 2020.

 

On 23 September 2020, the NSW Government announced the Retail and other Commercial Leases (COVID-19) Regulation would be extended until 31 December 2020. The Regulation, which was set to expire on 25 October 2020. The central feature of the Regulation is the proportionality principle of rent relief to tenants according to turnover decline, subject to the provision of relevant financial information.

 

It was identified that Council had provided a full rental abatement for a period of 5 months and that Council’s tenants had potentially received a competitive advantage compared to other CBD tenants. On this basis, Council invoiced its tenants the full September and October 2020 rentals.

 

Council, over the five month period of this initiative, has provided a rental abatement/waiver of approximately $160,130 to its retail/small tenants at a rate of $32,026 per month.

 

In September 2020, Council resolved to assist local small businesses by extending rent relief, if they qualify. Therefore, it is recommended that Council provides an opportunity for its tenants to seek further rent abatement in line with provisions of the Retail and oth­er Commer­cial Leas­es (COVID-19) Reg­u­la­tion for the period of 1 November 2020 to 31 December 2020. This being the current defined end date of the regulation and subject to the provision of appropriate financial records for assessment on the impact on turnover.

 

If any of the retail/small tenants satisfy the criteria, it is envisaged that Council could potentially have to provide a rental waiver/abatement of up to 50% of the monthly rentals which could equate to $32,026 for the period of 1 November to 31 December 2020. Given that Council had previously provided a 100% rent abatement to its retail/small tenants, it is not intended to offer any further reduction on the September and October 2020 rentals which have been invoiced.

 

Accordingly, it is recommended that Council offer its retail/small tenants, if they qualify, the opportunity to apply under the provisions of the Retail and other Commercial Leases (COVID-19) Regulation for a rental waiver/deferment for the November and or December 2020 rentals. It is considered that this would meet the provisions of Council’s latest resolution of seeking to assist local small businesses by extending rent relief, if they qualify.

 

CONSIDERATIONS

 

Economic

The cost of providing free parking under Initiative 5 at the Northumberland Carpark until 30 September 2020 and the Warren Serviceway Carpark until 31 October 2020 is $527,863.

The cost of limiting enforcement activities under Initiative 7 is $600,000 per quarter in reduced fines. Ending this initiative on 30 November 2020 instead of 30 June 2021 as previously resolved will reduce the cost of the initiative by $1.6 million. 

The cost of providing rental abatements/waivers under Initiatives 11, 12, 13 and 14 is $32,026 per month.

Environment

There are no environmental considerations


Social

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


Civic Leadership

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

Legislative

Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) 

Risk

The risk is deemed to be Medium and within Councils risk appetite.

 

 

ATTACHMENTS

 

Nil


1

Ordinary Meeting

27 October 2020

City Economy and Growth Report

 

EGROW 01

Draft Western Sydney Aerotropolis Joint Contributions Plan 2020

 

Strategic Direction

Generating Opportunity

Meet the challenges of Liverpool’s growing population

File Ref

230146.2020

Report By

Shaun Beckley - Manager, Infrastructure Planning

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

On 13 September 2020, the NSW Government gazetted the Western Sydney Aerotropolis State Environmental Planning Policy (SEPP) which came into effect on 1 October 2020. This SEPP rezoned the initial precincts in the Aerotropolis surrounding Western Sydney (Nancy Bird Walton).  Airport, which is currently under construction.

 

To support future development in the Aerotropolis, the Western Sydney Planning Partnership is preparing precinct plans for the initial precincts, being the Aerotropolis Core, Agribusiness, Badgerys Creek and Wianamatta-South Creek. It is expected that draft precinct plans will be publicly exhibited later in 2020. In addition, Penrith and Liverpool City Councils have prepared a Joint s7.12 Contributions Plan to ensure an appropriate funding mechanism is in place to support the delivery of local infrastructure as the Aerotropolis develops.

 

Supporting changes to Environmental Planning & Assessment Regulation, resulting from the gazettal of the Western Sydney Aerotropolis SEPP, means that a development application in the Aerotropolis cannot be approved until such a time as a contributions plan is in place.

 

The draft Aerotropolis Contributions Plan was developed using land use and built form assumptions based on the Western Sydney Aerotropolis Plan. Existing areas similar in form and function to those anticipated in the Aerotropolis were benchmarked to identify an appropriate level of infrastructure servicing. This enabled calculation of the total cost of local infrastructure for the Aerotropolis of $2.5bn across the Penrith and Liverpool LGAs.

 

The capital investment value was then estimated using costing data from Cordell Connect, the industry benchmark, resulting in a cost of development in the initial precincts of $39bn. Using these industry accepted costings, a percentage rate levy of 6.5% was identified to ensure sufficient contributions from future development is provided to meet the cost to Council of providing local infrastructure. This rate will ensure that there will be minimal cost to ratepayers in the provision of local infrastructure for the Aerotropolis.

 

As the rate is greater than 1%, the s7.12 Plan is subject to the approval of the Minister for Planning and Public Spaces.

 

It is recommended that Council publicly exhibits the draft contributions plan for community and industry feedback. A consequential amendment is also required to the existing Liverpool Contributions Plan 2009 to remove land within the Aerotropolis from this Plan and to ensure alignment with the draft Aerotropolis Contributions Plan.

 

 

RECOMMENDATION

 

That Council:

 

1.    Exhibits the draft Joint Aerotropolis Contributions Plan 2020 and background report for a minimum of 28 days in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

 

2.    Delegates to the Acting Chief Executive Officer authority to finalise the Aerotropolis Contributions Plan if no submissions in opposition are received.

 

3.    Exhibits draft Amendment 2 to the Liverpool Contributions Plan 2009 for a minimum 28 days in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

 

4.    Delegates to the Acting Chief Executive Officer authority to finalise Amendment 2 to the Liverpool Contributions Plan 2009.

 

 

REPORT

 

Background

 

In December 2019, the Department of Planning, Industry and Environment (DPIE) released for comment the Draft Western Sydney Aerotropolis Plan (WSAP). The WSAP detailed the vision and planning approach for the Aerotropolis, including the provision of state and some local infrastructure to service the area.

 

The WSAP presents a once in a lifetime opportunity to transform the landscape of the Western Parkland City through city shaping infrastructure, such as the Western Sydney (Nancy Bird Walton Airport) and the north-south rail link. There is a global opportunity for economic investment to create thriving aviation-based business and residential communities.

 

The scale, scope and importance of this area requires a planning approach not previously seen before. This includes mechanisms for the delivery of local and regional infrastructure funding. Infrastructure to support the Aerotropolis is vital to its success and the Western City more generally.

 

Council has been proactive in the preparation of a contributions framework to support the Aerotropolis, in conjunction with Penrith City Council. This plan will ensure infrastructure delivery better aligns with development assessment, prevents unnecessary delays to development approvals due to a lack of infrastructure planning and provides Council with a strong understanding of our baseline infrastructure needs to be able to effectively negotiate planning agreements (if required).

 

The planning package for the Aerotropolis, comprising a State Environmental Planning Policy (SEPP), first stage Development Control Plan (DCP) and Environmental Planning & Assessment Regulation amendment, came into effect on 1 October 2020. As such, it is important for both Penrith and Liverpool City Councils to plan for the local infrastructure needs of this new community and minimise potential delays in the development process.

 

The Regulation has specific provisions in relation to contributions plans for the Aerotropolis, mandating that development applications within the Western Sydney Aerotropolis are not to be determined unless a contributions plan is in force. The Regulation, however, notes that a contributions plan is not required if the development is of a minor nature or the applicant has entered into a Planning Agreement (VPA) with Council for works that would be subject to a contributions plan.

 

Planning in the Aerotropolis

 

The Aerotropolis SEPP represents the first step of the planning framework to deliver the vision of the WSAP. The SEPP implements the WSAP and guides development within the Aerotropolis, through zoning, strategic objectives and planning controls.

 

The SEPP defines and zones initial precincts within the Aerotropolis. The primary zonings of these precincts are:

 

Table 1: Land use in the initial precincts

Precinct

Land Use Zone

Future Land Uses

Northern Gateway

Enterprise

Mixed Use

Environment and Recreation

Employment, business, professional services, Environmental & cultural protection, conservation, recreation

Agribusiness

Agribusiness Zone

Environment and Recreation

Agribusiness related land uses including food production, supply chain industries and processing. Environmental & cultural protection, conservation, recreation

Wianamatta - South Creek

Environment and Recreation

Environmental & cultural protection, conservation, recreation

Badgerys Creek

Enterprise

Environment and Recreation

Employment, business, professional services, Environmental & cultural protection, conservation, recreation

Aerotropolis Core

Enterprise

Mixed Use

Employment, business, professional services,

Residential accommodation

Environmental & cultural protection, conservation, recreation

 

Infrastructure funding in the Aerotropolis

 

The WSAP details two mechanisms that will enable the funding of infrastructure in the Aerotropolis:

·      Special Infrastructure Contributions (SIC) - State development contributions.

·      Local Infrastructure Contributions - s7.11 or s7.12 contributions.

 

A SIC is being prepared by DPIE and will be informed by the Place-based Infrastructure Compact (PIC) currently being finalised by the Greater Sydney Commission (GSC). The PIC will identify infrastructure and services needed to support growth and will estimate the costs of this infrastructure, with the SIC to be the mechanism to obtain funding. Given the scope of infrastructure included in the PIC, it is likely that the SIC will include a portion of the total cost. This differs from local infrastructure as Council is seeking the cost of infrastructure is met completely by local infrastructure contributions. It is likely that the SIC will be on exhibition in October 2020.

 

Penrith and Liverpool Councils are responsible for the identification and planning for local infrastructure needs in the area and the preparation of contributions plans to collect funds to deliver this infrastructure. A key consideration of both Councils in undertaking this work is to ensure there is an infrastructure framework for the precinct and an informed position on the cost of local infrastructure to provide an understanding of the cumulative impact of contributions.

 

Council has been working closely with both the GSC and DPIE in relation to the local infrastructure framework. Attempts have been made to ensure that all the necessary infrastructure is identified in only one plan (i.e. no double dipping) and no infrastructure is omitted. At the time of drafting this report, there was limited information regarding the SIC. Once the SIC is exhibited, further information will be provided to Council.

 

Two specific areas within the Aerotropolis, the Mamre Road precinct and Sydney Science Park, (both in the Penrith LGA) are not included in the Draft Aerotropolis Contributions Plan. The Mamre Road precinct and associated rezoning was competed prior to the Aerotropolis SEPP. Penrith Council has been able to develop additional controls based on the more advanced planning framework and has prepared a separate contributions plan for the area using the same land use assumptions, costs and deliverables as the draft Aerotropolis Contributions Plan.

 

The Sydney Science Park is currently subject to a Voluntary Planning Agreement (VPA) with Penrith City Council. This VPA includes the provision of a range of local infrastructure including roads, drainage, open space and community facility/library. The VPA includes a provision that s7.11/s7.12 cannot be applied. If the opportunity presents, Penrith will seek to amend the VPA to factor in work undertaken as a part of preparing the Draft Aerotropolis Contributions Plan. The draft Contributions Plan does not include the provision of any local infrastructure within the Sydney Science Park precinct.

 

Council’s existing Liverpool Contributions Plan 2009 currently applies to the Aerotropolis, however given the intention to implement a specific contributions plan for the Aerotropolis, it is proposed that this plan be amended to no longer apply to land in the Aerotropolis. The necessary amendments to CP 2009 are discussed further in this report.

 

Coordinated approach between Councils

 

Liverpool City Council has worked closely with Penrith City Council to prepare an infrastructure needs assessment and a contributions plan for the Aerotropolis to ensure a singular approach to local infrastructure planning and delivery.

 

A unified approach between councils has enabled a strong understanding of the needs of future residents and workers, and strength in discussing our needs with other stakeholders. It will also enable a consistent approach for infrastructure delivery, which will create efficiencies during the development process.

 

As there is progress towards infrastructure delivery, Liverpool and Penrith councils will formalise management arrangements to ensure an efficient and coordinated delivery process.

 

Proposed Contributions Framework

 

A joint Section 7.12 Plan (Attachment 1) has been prepared for the Aerotropolis and will be administered by both Penrith and Liverpool City Councils.

 

A Section 7.12 plan is a fixed levy plan based on the cost of development. It is a flexible plan that does not require an established nexus between development and the infrastructure to be delivered. As the precinct plans and development control plan have not been finalised and final locations of infrastructure have not been determined, a s7.12 plan is appropriate to facilitate development and obtain the necessary funding to deliver local infrastructure.

 

Plan preparation 

 

The preparation of a local infrastructure contributions framework for the Aerotropolis focused on the following elements:

·      Needs assessment of future local and regional infrastructure to support the objectives of the area;

·      Recommendations on necessary local and regional infrastructure for the area;

·      Advice and justification on a levy percentage that would be necessary to apply in order to deliver the required infrastructure; and

·      Preparation of a Section 7.12 Contributions Plan, including suitable arrangements for a cross LGA boundary Plan.

 

Background work to inform the draft contributions plan was prepared ahead of the making of the SEPP and exhibition of the Precinct Plans in order to ensure that Council would be able to support new development with local infrastructure as soon as possible. In order to do so, a range of informed assumptions and benchmarking has been undertaken to determine future infrastructure needs. The six-step process of how this was undertaken is detailed below. This process is explained in much greater detail in the Background Report included as Attachment 2.

 

Table 2: Plan preparation assumptions

Process

Methodology

1.   Land Use Assumptions

·    The WSAP was used to determine land use zoning extents for the initial precincts.

·    Further refinements were undertaken when Mamre Road Precinct update to the WSEA SEPP was gazetted.

·    Development typologies for each zone were established to determine the construction profiles in each zone and required building, pavement, public roads and landscaped areas.

·    Assumptions on constrained land were applied.

2.   Population + Employment Forecasts

·    Population forecasts were taken from WSAP

·    Projects were used to determine the approximate number of dwellings for the precinct and the density of the dwellings.

·    Employment numbers from the WSAP were used to cross check the development typology assumptions in each precinct.

3.   Baseline Assessment of existing Infrastructure

·    A baseline analysis of existing road, stormwater drainage and social infrastructure was undertaken.

·    Assumptions were made as to the classification of future infrastructure as local (delivered by the plan) or State (delivered by SIC or otherwise)

4.   Identification and Assessment of infrastructure required

·    Benchmarking was used to determine the quantum of collector roads, stormwater facilities and social infrastructure, including land.

·    Existing development sites, industry best practice, Western Sydney Street Design Guidelines and Council policy to determine rates and extents

5.   Cost identification

·    Costs were identified using industry contractor rates, IPART assessments, and similar demonstrated developments.

·    Capital investment value of future development at the Aerotropolis is established.

6.   Percentage calculation

·    Using the established costs of future development and future infrastructure works, a percentage rate was established.

 

A detailed breakdown of the infrastructure to be delivered is provided in table 3 below.

 

Table 3: Overview of infrastructure to be delivered

Type

Deliverables

Roads

·    105,254m collector roads (designed to comply with new Western Sydney Street Design Guidelines)

Stormwater

·    1,636,707m3 stormwater detention

·    909,285m2 water quality

Open space and recreation

·    11 local parks (0.5ha)

·    5 District parks (5ha)

·    1 Citywide park (20ha)

·    2 district sportsgrounds (10ha)

·    6 multipurpose outdoor courts

·    12 play spaces

·    Outdoor fitness stations

·    Youth precinct

·    6 water play

·    Indoor leisure centre including: 50m pool, learn to swim pool, 25m pool, indoor courts, change facilities, toddler pool, youth area, picnic area, meeting rooms (3,000m2)

Social

·    District multi-purpose community hub including library, community hall, meeting space, cultural production facility, community kitchen, recording studio spaces, office space, childcare centre and public space (minimum 2,000m2) Childcare centres

 

It is noted that as further planning work is completed by the WSPP, the specific location of the infrastructure detailed above will be identified, facilitating delivery.

 

Using this quantum of infrastructure, costs were determined for land and works. The industry benchmark, Cordell Consult, was used to determine the cost of the infrastructure works. The cost of land was provided by the Western Sydney Planning Partnership (WSPP) and aligns directly with the land costs to be included in the SIC. The cost to deliver the infrastructure enabled Council to determine what percentage levy would be required for the plan. Specific costs by infrastructure type are provided below.

 

Table 4: Breakdown of cost per type of infrastructure

Infrastructure

Cost

Roads & Stormwater

$726,846,560

Social, open space & rec

$203,161,243

Land

$1,624,098,812

Plan administration (0.2%)

$1,860,016

Total

$2,555,966,631

 

Finally, the land use assumptions were used to inform the development costs for the purpose of calculating the capital investment value of development within the initial precincts. The total cost of development of the initial precincts is expected to be $39bn.

 

This process has identified a need for a 6.5% levy on the capital investment value (cost of works) to deliver the local infrastructure needed for the Aerotropolis. This ensures minimal cost to ratepayers in the provision of local infrastructure in the Aerotropolis.

 

There are several areas in NSW that have a rate greater than the standard 1% levy. The locations listed below, focus on renewal in existing urban areas:

·     Burwood Town Centre – 4%

·     Gosford City Centre – 4%

·     Parramatta City Centre – 3%

·     Liverpool City Centre – 3%

·     Newcastle City Centre – 3%

·     Chatswood CBD – 3%

·     Kingsford and Kensington Town Centres – 2.5%

 

The above areas differ significantly from the Aerotropolis, as the Aerotropolis is a greenfield site with very limited to no infrastructure. Specifically, the draft Aerotropolis Contributions Plan is seeking to deliver sufficient local infrastructure to support 86,000-102,000 new jobs and 28,000-34,000 new dwellings across 6,522ha of land in the initial precincts. All this infrastructure is required within a greenfield setting with minimal infrastructure that can be used to support future growth.

 

The proposed rate was converted to a contribution rate per net developable hectare to provide a comparison against other similar local contributions plans in Western Sydney focusing on industrial and employment areas. The summary table below identifies that the total cost per hectare is reasonable in comparison to other precincts.

 

Table 5: Contribution rate comparison

Area

LGA

Contribution rate ($/ha)

Draft Aerotropolis Contributions Plan

Penrith and Liverpool

$703,008

Box Hill Industrial

The Hills

$540,000 - $960,00

Marsden Park Industrial

Blacktown

$589,000 - $905,000

Eastern Creek Stage 3

Blacktown

$219,000 or $385,000

 

Council’s current contributions plan for Edmondson Park is a s7.11 plan that collects approximately $50,000 per dwelling. If the same contributions plan were a s.712 percentage-based plan, it would have an equivalent rate of approximately 8%.

 

The draft contributions plan is a mechanism to fund necessary infrastructure to support growth and development. The provision of infrastructure in accordance with this plan will generate future costs for council in maintenance and asset depreciation.

 

The fundamental principle of a contributions plan is to obtain funds to deliver infrastructure based on an increase in development. The contributions plan identifies a need for infrastructure based on the anticipated growth; costs the infrastructure and then determines the payment mechanism.

 

The growth that generates the need for infrastructure also generates additional income for council through an increase in the number of rateable properties and a corresponding increase in the value of those rateable properties. A portion of this additional income generated by growth and development in the Aerotropolis will be used to fund the maintenance of infrastructure provided under this plan, similar in approach to other growth areas like Austral and Edmondson Park.

 

Engagement with DPIE and WSPP

 

Penrith and Liverpool Councils have engaged with both DPIE and the WSPP throughout the preparation of the background report and contributions plan. The Councils have liaised with consultants working on behalf of the WSPP on feasibility testing within the Aerotropolis in order to understand land values.

 

A draft copy of the background report and contribution plan has been provided to DPIE for early comment. Feedback received from DPIE has been incorporated in the final documents. It is hoped that this early engagement will lead to a more accelerated final approval process of the plan by the Minister for Planning and Public Spaces.

 

Both Councils will continue to work with DPIE and WSPP to coordinate and refine the delivery of local infrastructure in the Aerotropolis, particularly in relation to the integration of the SIC and local contributions.

 

Plan making process

 

As the draft Aerotropolis Contributions Plan seeks a higher levy rate than 1%, both councils will need to seek Ministerial approval in order to make the draft Aerotropolis Contributions Plan. Discussions have commenced with DPIE to determine the process and timeframes to make the plan. DPIE has advised the plans will require endorsement and exhibition by Council, prior to the Minister’s consideration for a high levy rate.

 

The request of the Minister to make the Plan will only happen following exhibition and further consideration of the Plan by Council.

 

If Council does not resolve to exhibit the draft Contributions Plan, there is the potential that the planning for local infrastructure will be undertaken by another body or the Minister will direct Council to prepare a contributions plan. Either approach will likely delay the development process in the Aerotropolis.

 

Amendment to Liverpool Contributions Plan 2009

 

In conjunction with the commencement of the planning package to support the Aerotropolis, an amendment was made to the Environmental Planning and Assessment Regulation 2000 that stated:

 

“a development application in relation to land shown on the land application map under State Environmental Planning Policy (Western Sydney Aerotropolis) 2020 must not be determined by the consent authority unless a contributions plan has been approved for the land to which the application relates.”

 

CP 2009 currently applies to land within the Aerotropolis. As the existing contributions plan was not designed to deliver infrastructure required for the Aerotropolis, CP 2009 must be amended to excise land within the Aerotropolis from the Plan. This approach will ensure that all relevant DAs approved in the Aerotropolis will contribute to the delivery of the necessary infrastructure to support development across the precincts.

 

It is proposed that CP 2009 is amended as detailed below.

 

Table 5: Amendments to CP 2009

Change

Comment

Part 2.9 – Rural areas map

Map updated to exclude land within the Aerotropolis.

Part 3.2 – Applies to – excluding the land under the Aerotropolis SEPP and all other existing Contributions Plans

Key change to exclude the land subject to the Aerotropolis SEPP. This change ensures clarity in relation to the applicability of CP 2009 to land within the Aerotropolis.

 

Housekeeping amendment made to exclude all other Contributions Plans to clarify relationship between plans.

Part 3.4 – Table of amendments

Consequential change to ensure table of amendments is up to date.

Part 6 – Established Areas

Liverpool Contributions Plan 2018 – Established Areas replaced Part 6 of CP 2009. This is a housekeeping amendment to ensure clarity of relationship between CP 2009 and CP 2018.

 

A tracked changes version of draft Liverpool Contributions Plan 2009 is included as Attachment 3 and will be used for public exhibition purposes to ensure clarity over the proposed change.

 

Exhibition

 

Given the confluence of Aerotropolis related exhibitions, both Penrith and Liverpool City Councils will seek to align exhibition of the draft Aerotropolis Contributions Plan with the Precinct Plans being developed by the WSPP and the SIC which is being developed by DPIE. This will enable full consideration of the impacts of these changes by the community and stakeholders. The goal is to ensure that the community can understand the full range of infrastructure that is required to support the Aerotropolis and make informed comments on the SIC, the precincts plans and the draft Aerotropolis Contributions Plan.

 

The draft Aerotropolis Contributions Plan 2020, Background Report and Liverpool Contributions Plan 2009 – Amendment No.2 will be placed on exhibition for a minimum period of 28 days in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Regulation.

 

Conclusion

 

Both Penrith City Council and Liverpool City Council has worked collaboratively to ensure that a robust contributions plan can be delivered in a timely manner to support the future growth and development of the Aerotropolis.

 

The needs assessment has determined that a fixed rate levy of 6.5% is necessary to deliver this infrastructure.

 

Penrith and Liverpool Councils will continue to work jointly, in consultation with DPIE to deliver a contributions plan to meet the local infrastructure needs of the Aerotropolis.

 

CONSIDERATIONS

 

Economic

Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways.

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

Environment

Manage the environmental health of waterways.


Social

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


Civic Leadership

Implementation and Governance of the Western Sydney City Deal agreement.

Legislative

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

Risk

The risk is deemed to be High.

The proposed contributions plan seeks to minimise the financial risk to both Council and ratepayers in relation to the provision of local infrastructure within the Aerotropolis.

If the Contributions Plan is not supported, the risk to Council is considered outside Council’s risk appetite.

 

 

ATTACHMENTS

 

1.         Draft Aerotropolis Contributions Plan 2020 (Under separate cover)

2.         Aerotropolis Local Infrastructure Analysis - Background Report (Under separate cover)

3.         Draft Liverpool Contributions Plan 2009 Amendment No.2 (Under separate cover)  


1

Ordinary Meeting

27 October 2020

City Economy and Growth Report

 

EGROW 02

Post Exhibition Report - Liverpool Local Environmental Plan 2008 Amendment 77 - Additional permitted use of 'Car Park' at Collimore Park, Liverpool.

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

261147.2020

Report By

Luke Oste - Executive Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

At its meeting on 26 June 2019, Council resolved to support a planning proposal (Attachment 1) to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 (LEP) to permit with consent ‘car park’ at Collimore Park to facilitate a future multi-storey carpark.

 

The planning proposal (Amendment 77) was submitted to the Department of Planning, Industry and Environment (DPIE) for a Gateway determination in accordance with Council’s resolution on 2 July 2019. A Gateway determination was issued by DPIE on 13 February 2020 (Attachment 2).

 

The Gateway determination conditions included the need for a draft Concept Design Plan to be prepared (Attachment 3) and an Architect’s Statement (Attachment 4) to be provided. The required concept plan and architectural statement was provided to the DPIE. 

 

In addition, the Gateway determination required State agency consultation. Endeavour Energy and Transport for NSW (TfNSW) have been consulted. The two agencies have not raised any objections.

 

The planning proposal was publicly exhibited between 17 August and 14 September 2020. During the exhibition period, Council received one submission objecting to the planning proposal.

 

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 DPIE and the Parliamentary Counsel’s Office to finalise the Amendment.

 

RECOMMENDATION

 

That Council:

 

1.    Notes the Gateway determination for Liverpool Local Environmental Plan 2008 Amendment 77 and the submissions received from State agencies and from the public exhibition;

 

2.    Proceeds with Amendment 77 and delegates authority to the Acting Chief Executive Officer (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

 

3.    Notifies the submitters of Council’s decision.

 

REPORT

 

Background

 

At its meeting on 26 June 2019, Council resolved to support a planning proposal to permit with consent a ‘car park’ at Collimore Park to facilitate a future multi-storey carpark.

 

Specifically, the Council resolution states:

 

          That Council:

 

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

 

2.   Supports in principle the planning proposal to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 to permit car parks as a land use permitted with consent at Collimore Park;

 

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 and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination;

 

5.   Subject to Gateway determination, and Council investigation of opportunities to utilise demountable stacked multi-storey parking construction further undertakes public exhibition and community consultation in accordance with the conditions of the Gateway determination; and

 

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

 

Site Description

 

This planning proposal (Attachment 1) is site specific and relates to Collimore Park which is legally identified as:

·      Lot 1 DP 1089398;

·      Lot 2 DP 1089398;

·      Lot 400 DP 1185131;

·      Lot 7009 DP 1027995; and

·      The creek corridor that traverses through the site.

 

The total area of the Collimore Park site is approximately 38,500m2. The site is bound by Elizabeth Drive to the north, Collimore Avenue to the east, Moore Street to the south and Brickmakers Creek to the west. Figure 1 is an aerial map of the Collimore Park site (marked in red) and its surrounding area.

 

Figure 1 Location of subject site outlined in red (Nearmap 2019)

 

The site is currently zoned RE1 – Public Recreation and SP2 – Infrastructure (Electricity Transmission). Figure 2 shows a zoning map extract of the subject site and its surrounding areas.

 

Figure 2 Zoning Map Extract from LEP (subject site outlined in black)

 

Planning Proposal

 

The planning proposal seeks an amendment to Schedule 1 of the LEP to allow “car park” as a land use permitted with development consent at Collimore Park. Specifically, this additional permitted use is to be applied to the confines of the existing at-grade car park area as stipulated within the Gateway determination.

 

To facilitate this amendment, the following LEP maps also are required to be amended:

 

Key Sites

 

·      4900_COM_KYS_010_020_20170606; and

 

·      4900_COM_KYS_011_005_20180730.

 

The area of application for the proposed additional permitted use is defined within the map extract as shown in Figure 3 below.

 

Figure 3 – Proposed Key Sites Map

 

Gateway Determination

 

A letter was sent to the Department of Planning, Industry and Environment (DPIE) on 2 July 2019 requesting a Gateway determination. A Gateway determination was subsequently issued on 13 February 2020 (Attachment 2). The Gateway included the following conditions that were to be satisfied prior to community consultation:

 

a)   Finalise the draft concept plan for Collimore Park and ensure the concept plan addresses traffic issues and includes methods to ameliorate any impacts resulting from the proposed development upon the surrounding residential area;

 

b)   Update the planning proposal to reflect the draft concept plan and apply the additional permitted use clause to the confines of the existing at-grade car park area;

 

c)   Exhibit the draft concept plan concurrently with the planning proposal; and

 

d)   Amend Part 6 – Project Timeline to reflect a timeframe of nine months.

 

The time frame for completing the LEP amendment is 13 November 2020.

 

Indicative Draft Concept Plan

 

As indicated above, the Gateway determination required a draft Concept Plan to be prepared, to provide some guidance as to what kind of development would be facilitated by the planning proposal. In response, Council engaged a consultant to prepare a draft concept plan with an architectural statement that addresses possible traffic impacts on the local road network.

 

This draft Concept Plan has informed the specific application of the additional permitted use in applying to the existing at-grade car park within the broader Collimore Park site. This ensures that the scale and impact of a future carpark is controlled appropriately. A copy of the draft concept plan and architectural statement is included in (Attachments 3 and 4).

 

The draft Concept Plan is indicative only and a future carpark design may differ from the concept plan. Figure 4 shows a perspective view from the corner of Moore Street and Collimore Avenue.

 

Figure 4 – Draft Concept Plan, Perspective View from Corner of Moore St and Collimore Ave

 

Public Authority Consultation

 

In accordance with the Gateway determination, public authority consultation was required with Endeavour Energy and TfNSW.

 

A meeting was held with Endeavour Energy on 11 May 2020 to discuss the planning proposal and associated draft Concept Plan. Endeavour Energy are the landowner of Lot 1 DP 1089398 which is currently licensed to Council for part of the existing at-grade carpark. Endeavor Energy has advised that this lot could be for a future zone substation site when current capacity is reached within the Liverpool City Centre.

 

The following formal response was also received from Endeavour Energy on 20 August 2020. (Attachment 5).

 

As a property owner, further to the meeting of 11 May 2020 held with Council officers, Endeavour Energy has no objection to the Planning Proposal. As indicated in the Architect’s Statement Proposed Collimore Park Carpark the design concept is based on the retention of the existing recreational facilities and that the design is to investigate whether the footprint of the existing carpark can be reduced to allow additional recreational space.

 

This will require Council to reach agreement with Endeavour Energy on the alternative arrangements for the electricity distribution network which the proposed Collimore Park Zone Substation site is intended to fulfil. This will require a review of the requirements for this site by Endeavour Energy’s Asset Planning and Performance Branch as well as consideration of the various property tenure options. Endeavour Energy looks forward to continuing working with Council on their proposed plans in respect to potential use of its site at Collimore Park balanced with the growing demands for electricity within the local area.

 

As stated above, Endeavour Energy raised no objection for the planning proposal. However as requested, Council is to liaise with the agency as future plans for a multi-storey carpark on the site progress.

 

A formal response from TfNSW was received on 17 September 2020 (Attachment 6). Detailed comments on the proposal and indicative vehicular access arrangements were provided for consideration that were to be addressed in the development of plans for the carpark development. In summary TfNSW response is as follows:

 

·   “As the subject site has alternative vehicular access via the local road network being Collimore Avenue, TfNSW would not support vehicular access on Moore Street. An amended Access Strategy and Concept Plan will be required to reflect the future carpark entry and carpark exit driveway on Collimore Avenue.”

 

o Response – The indicative Draft Concept Plan provides a guide for a possible multi-storey carpark on the site with an indicative access arrangement. The proposed vehicular access arrangement could be revised in consultation with TfNSW during concept and detailed designs (of a future carpark).

 

·   “A detailed Traffic Impact Assessment (TIA) report would be required for the future development, to assess the overall traffic impact on the surrounding road network.”

 

o Response – This requirement is noted and will be addressed as part of any Part 4 (or Part 5) future multi-storey car park development.

 

·   “TfNSW requires that the existing road reservation retain the SP2 classified road zoning”.

 

o Response – The planning proposal does not seek a change in zoning and will not impact on the SP2 classified road zoning that exists currently. The proposed amendment applies to the extent of the site indicated in Figure 3 only.

 

It is recommended that Council liaises with TfNSW as designs for a multi-storey carpark progress. TfNSW has not objected to the proposed amendment and the planning proposal can progress to finalisation.

 

Community Consultation

 

The planning proposal, draft Concept Plan and associated Architect’s Statement were exhibited from 17 August to 14 September 2020. During the exhibition period, Council received one email submission (Attachment 7). Table 1 shows the submission with officer response.

 

Table 1 – Community Submissions and officer response

Issues Raised

Officer Response

Will there be a cost for using the parking lot?

If there is a cost, this will make unacceptable financial hardship.

The proposed future multi-story carpark is to provide additional parking for commuters and visitors to the Liverpool City Centre.

A decision on whether the future parking would be paid carparking would be made by Council at a later stage.

Why can’t it be left alone for the public to use for residential living and park use?

The planning proposal’s application is limited to the existing at-grade carpark as shown in the Draft Concept Plan (Attachment 3).

Therefore, the existing recreation and community facilities present would remain.

 

Conclusion

 

The Gateway requirements for Amendment 77, including consultation and the preparation of a Draft Concept Plan have been satisfied, and the submission received has been addressed.

 

Therefore, this report recommends that Council proceeds with Amendment 77 and liaises with the Parliamentary Counsel’s Office and DPIE for the amendment to be gazetted.

 

It is also recommended that Council liaises with Endeavour Energy and TfNSW during detailed design of a multi-storey carpark at Collimore Park.

 

 

 

CONSIDERATIONS

 

Economic

Provide efficient parking for the City Centre.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

Environmental Planning & Assessment Act 1979

Risk

There is no risk associated with this report.

 

 

ATTACHMENTS

 

1.         Planning Proposal (Under separate cover)

2.         Gateway determination (Under separate cover)

3.         Draft Concept Design (Under separate cover)

4.         Architect's Statement (Under separate cover)

5.         Endeavour Energy Submission (Under separate cover)

6.         TfNSW Submission (Under separate cover)

7.         Redacted Community Submission (Under separate cover)  


1

Ordinary Meeting

27 October 2020

City Economy and Growth Report

 

EGROW 03

Liverpool Design Excellence Panel Charter and Procedure

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

262628.2020

Report By

Scott Sidhom - Acting Manager City Design and Public Domain

Lina Kakish - Manager Development Assessment

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

The Design Excellence Panel (DEP) was established in 2015 by Liverpool City Council to examine and evaluate design aspects of proposed major developments located within the Liverpool Local Government Area (LGA).


Since its establishment, the DEP convenes on a monthly basis, and has been instrumental in providing expert advice on development applications.


The primary function of the DEP is to provide Council officers and applicants with high level independent expert advice relating to urban design, architecture, landscape architecture and sustainability. The advice seeks to inform the assessment of development applications with a view to promoting the delivery of the highest quality urban design, architecture, landscape architecture, and sustainable and inclusive design for buildings and public spaces within the LGA.


This report seeks Council’s endorsement to the proposed changes made to the DEP Charter and Procedure and to seek expressions of interest (by invitation only) from suitably qualified industry representatives, to become members of the Liverpool DEP for a two-year period.

 

 

RECOMMENDATION

 

That Council:

 

1.    Endorse the minor amendments to the Design Excellence Panel Charter and Procedure;

 

 

2.    Seek quotations from suitably qualified industry representatives to become members of the Liverpool Design Excellence Panel for a two-year period.

 

REPORT

 

Background

Council at its meeting on 13 December 2017 resolved to:

 

That Council:

 

1.      Endorse minor amendments to the Design Excellence Panel Charter and Procedure with the exception of H;

 

2.      Seek expressions of interest from suitably qualified industry representatives to become members of Liverpool Design Excellence Panel for a two-year period; and

 

3.      Receive a further report to assess the expressions of interest received and endorse the Panel members.

 

Current Design Excellence Panel


The current DEP members have been providing advice to Council since 2018.

 

The DEP is an experienced panel established in accordance with the requirements of State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development (SEPP 65), which details the requirements for such a Panel. The Panel consists of a chairperson and at least two other members, who are expert urban designers, architects and landscape architects that are highly regarded in their fields of expertise.

 

The purpose of the DEP is to provide expert advice on development applications, planning proposals or policies relating to major commercial and residential development within the Liverpool Local Government Area, early in the design process, and where possible, prior to the lodgment of a relevant development application.

 

The DEP contributes to the understanding of design quality for Council officers and the public, which will improve the achievement of design quality principles for development. The attached DEP Charter and Procedure establishes the purpose, procedures, terms and conditions for the Liverpool DEP. Council endorsement is sought for minor changes to the DEP Charter and Procedure, as described below.


 

Proposed Changes to the Charter

 

The key proposed changes to the Charter are:

 

Scope

 

·    The existing Charter requires commercial buildings that are over three (3) storeys in height, to be referred to the Panel. The scope has been amended  to require all new development located within the Liverpool City Centre that is over three (3) storeys in height, to be referred to the Panel. As a result of Amendment 52 to the Liverpool LEPP, there is increased provision for mixed use development within the city centre, given that a significant portion of sites have been rezoned to B4 'Mixed-use Zone'. As such, it is important to ensure that a high level of design quality is achieved for these types of mixed-use developments (i.e. not only commercial buildings or residential apartment development).

 

Chairperson

 

·    Including a clause that provides Council with the flexibility to appoint any of the Panel representatives to the role of chairperson.

 

Appointment and selection for DEP meetings

 

·    Including a clause that provides Council with the ability to select or not select representatives to participate in panel meetings, based on their performance and/or past adherence to the terms and conditions of the Liverpool Design Excellence Panel Charter and Procedure.

 

Termination of DEP Member Appointments

 

·    Including a clause that provides Council the right to terminate a Panel member if they do not adhere to the terms and conditions of the Liverpool Design Excellence Panel Charter and Procedure, or their performance is not to the satisfaction of Council.

 

·    Including a clause that provides Council the ability to re-tender for further panel representatives during the term of the contract.

 

Conflicts of Interest

 

·    Including a requirement that Panel members must not be undertaking any other work within the Liverpool Local Government Area.

 


 

Proposed Changes to the Procedure


The proposed changes to the Procedure are as follows:

 

Provision of documentation to the DEP

 

·    Including a requirement for Landscape Architectural (including Public Domain) drawings to be provided to the Panel (i.e. in addition to Architectural drawings).

 

Meeting Procedures

 

·    Updates to meeting procedures, to ensure that consistent messaging is provided to applicants, for items that are re-referred to the Panel; and

 

·    Updates to meeting procedures, to ensure that the chairperson returns the final meeting minutes to Council by no later than seven (7) days following their receipt of the draft meeting minutes from Council.

 

Applicant Representation Procedures

 

·    Including a requirement for the applicant and both the nominated Architect and Landscape Architect for the development, to attend the DEP meeting.

Renumeration of the Panel Members

 

·    Increasing the remuneration paid to the panel chairperson by $150 per half day or full day. Panel members other than the chairperson shall continue to be paid a remuneration of $1200* per half day or $1700* per full day. The chairperson shall be paid a remuneration of $1350* per half day or $1850* per full day. Noting that the additional remuneration paid will be at no additional cost to Council, as it will be covered by DEP meeting fees paid by the applicant and the cost savings now associated with running DEP meetings virtually.

 

*(The CEO may approve variations to these rates during the term of the DEP subject to budget considerations.) 

 

CONCLUSION


It is recommended that the attached DEP Charter and Procedure be endorsed, and Council proceed with seeking quotations from suitably qualified industry representatives for membership of Liverpool City Council’s DEP.

 

 

 

CONSIDERATIONS

 

Economic

Enhance the environmental performance of buildings and homes.

Environment

Enhance the environmental performance of buildings and homes.


Social

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


Civic Leadership

Foster neighbourhood pride and a sense of responsibility.

Legislative

Environmental Planning & Assessment Act 1979

State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development (SEPP 65)

Risk

There is no risk associated with this report.

 

ATTACHMENTS

 

1.         Liverpool Design Excellence Panel Charter and Procedure


1

EGROW 03

Liverpool Design Excellence Panel Charter and Procedure

Attachment 1

Liverpool Design Excellence Panel Charter and Procedure

 

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1

Ordinary Meeting

27 October 2020

City Economy and Growth Report

 

EGROW 04

 

Amendment 2 to Liverpool Contributions Plan 2008 - Edmondson Park

 

Strategic Direction

Generating Opportunity

Meet the challenges of Liverpool’s growing population

File Ref

263708.2020

Report By

Shaun Beckley - Manager, Infrastructure Planning

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

A housekeeping amendment is proposed to Liverpool Contributions Plan 2008 – Edmondson Park (CP 2008) to address an inconsistency between the Contributions Plan and the Liverpool Local Environmental Plan 2008 (LEP 2008).

 

In 2015, a change was made to LEP 2008 to rezone part of a site at Camden Valley Way, Edmondson Park from R3 Residential to B6 Enterprise Corridor and implement a new minimum dwelling density of 21 dwellings per hectare.

 

CP 2008 uses the minimum dwelling density control as a part of the calculation to determine the contribution payable. Following the creation of the 21 dwellings/ha control in LEP 2008, a necessary amendment to CP 2008 was not made at the time. This has resulted in a 1.55ha site in Edmondson Park, subject to the 21 dwellings/ha control, not having a corresponding contribution rate identified in the contributions plan. This amendment will ensure that development of this site is subject to a contribution, as all other development in Edmondson Park is required to do.

 

A development application is currently under assessment for a staged residential development, including residential flat buildings. To ensure that a condition of consent can be applied to any development consent for the site, an amendment is required to the contributions plan by inserting the 21 dwellings/ha area and relevant costs into the Plan.

 

The proposed change will result in contributions payable commensurate with the minimum density control for the site, which is approximately $907,000 per hectare of developable area (indexed to September 2020 quarter).

 

 

 

 

 

RECOMMENDATION

 

That Council:

 

1.    Exhibits Amendment 2 to Liverpool Contributions Plan 2008 – Edmondson Park for 28 days in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

 

2.    Delegates to the Acting Chief Executive Officer authority to finalise Amendment 2 to Liverpool Contributions Plan 2008 – Edmondson Park.

 

 

REPORT

 

A housekeeping amendment is proposed to Liverpool Contributions Plan 2008 – Edmondson Park (CP 2008) to address an inconsistency between the Contributions Plan and the Liverpool Local Environmental Plan 2008 (LEP 2008).

 

A change was made in 2015 to Liverpool Local Environmental Plan 2008 (LEP 2008) that should have resulted in a consequential amendment to CP 2008. A consequential amendment was made to Liverpool Development Control Plan 2008 to ensure alignment between the LEP and DCP controls. A corresponding change to CP 2008 was not made at the time.

 

CP 2008 uses the minimum dwelling density control of LEP 2008 in the calculation of the required contribution. Prior to the amendment of LEP 2008, there was direct alignment with CP 2008 to enable the calculation of contributions across all sites within Edmondson Park.

 

Following the LEP amendment, an additional minimum density control of 21 dwellings per hectare was created. Without the change to CP 2008, there is no corresponding calculation for a contribution for development, despite the fact that CP 2008 did apply and the provision of infrastructure in Edmondson Park is needed to service the site.

 

A development application was lodged to develop the site and is now subject to legal proceedings (DA-723/2019) for a staged development including 17 small residential lots and 1 residential super lot and the construction of three x four (4) storey residential flat buildings comprising 99 units. The proposal also includes remediation, subdivision and the construction of roads and associated civil works.

 

These proceedings have highlighted the need to update CP 2008 to ensure that any approvals issued by the Court includes a condition requiring the payment of the appropriate contributions.

 

Council’s collection of funds for infrastructure in Edmondson Park has been compromised by the cap on contributions implemented by NSW Government. It is therefore imperative that all land within Edmondson Park contributes their fair share to the provision of local infrastructure. If this amendment does not proceed, Council may not be able to collect approximately $1.5m of contributions from the development of the site.

 

Proposed Amendments

 

This amendment is a direct response to the identification of an anomaly that needs to be rectified and is time critical. As such, it is proposed to amend CP 2008 as shown in the table below.

 

Reference

Change

Comment

Table 2.2

Insert column and values for 21 dwellings/ha

Ensure the summary table of rates includes the relevant values.

Clause 3.4

Insert amendment No2 into the table of amendments

Ensure that the amendments are accurately identified in the plan.

Table 4.1

Insert row and values for 21 dwellings/ha and revise values for 17 dwellings/ha and totals.

Ensure the calculation of proposed dwelling mix and yield is consistent for the new density grouping.

Table 5.3

Insert row and values for 21 dwellings/ha and revise values for 17 dwellings/ha and totals.

Ensure ability to calculate contributions for community facilities.

Table 6.3

Insert row and values for 21 dwellings/ha and revise values for 17 dwellings/ha and totals.

Ensure ability to calculate contributions for recreation facilities.

Table 7.3

Insert row and values for 21 dwellings/ha and revise values for 17 dwellings/ha and totals.

Ensure ability to calculate contributions for transport and access facilities.

Table 8.2

Add 21 dwellings/ha to the row for 17 dwellings/ha.

Ensure ability to calculate contributions for stormwater management.

Table 9.3

Insert row and values for 21 dwellings/ha and revise values for 17 dwellings/ha and totals.

Ensure ability to calculate contributions for plan management.

 

A track changed version of the draft Contributions Plan is included as Attachment 1.

 

The rate for 21 dwellings per hectare has been calculated at $463,148 per hectare, which when indexed to September 2020 quarter, results in a rate of $907,890 per hectare.

 

This rate is typically calculated using the same methodology as the other five density rates within CP 2008 as detailed below (example for community facility provided):

 

Contribution rate per Ha =

C x P

A

 

 

 

Where:

C = Cost of works identified in the contributions plan.

P = Proportion of population of the respective dwelling density group

A = Area in hectares of dwelling density group

 

Based on a developable area of 1.553 hectares, a lot yield of 33 and 2.9 persons per dwelling, the area would result in a total population of 96, or 0.44% of the total population of Edmondson Park. It is noted that this population is below what is actually being provided on the site, however this approach ensures consistency of application of the contributions plan.

 

Next steps

 

The amendment will be placed on exhibition for 28 days in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations 2000.

 

CONSIDERATIONS

 

Economic

Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways.

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

Environment

There are no environmental and sustainability considerations.


Social

There are no social considerations.


Civic Leadership

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

Legislative

Environmental Planning and Assessment Act, 1979

Environmental Planning and Assessment Regulation, 2000

Risk

The risk is deemed to be High.

There is a financial risk to council if the amendment to the contributions plan does not proceed.

 

 

 

ATTACHMENTS

 

1.         Draft Liverpool Contributions Plan 2008 - Edmondson Park Amendment No.2 (Under separate cover)  


1

Ordinary Meeting

27 October 2020

City Economy and Growth Report

 

EGROW 05

Parking on Verges and Nature Strips

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

266182.2020

Report By

Nada Mardini - Manager Community Standards

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

Council resolved on 26 August 2020 (NOM 01):

 

That Council:

 

1.    Update relevant policies and procedures to give clear and unambiguous guidance setting out when a fine will or won't be issued for parking on a verge or nature strip, including pictures and diagrams;

 

2.    Bring back a report to the October Council meeting; and

 

3.    Run an awareness campaign on this clear and unambiguous guidance through the District Forums, social and traditional media and other suitable forums.

 

This report updates Council on the NSW Road Rules 2014, including when a fine can be issued for parking on the nature strip/footpath. Clear and unambiguous guidance has been prepared (Attachment 1) and Council has also commenced an awareness campaign as required by the above resolution.

 

It is an offence under the NSW Road Rules 2014 to park on the nature strip/footpath. The offence carries a penalty of $272.

 

Last financial year, 511 complaints were received by Council from residents concerning illegal parking on the nature strip/footpath. An awareness campaign to educate and inform residents of the NSW Road Rules relating to parking on the footpath has been formulated.  This includes a flyer which will be distributed with an education letter on an ongoing basis to residents in streets where complaints have been received. The flyer has been placed on social media and Council’s parking webpage.

 

 

RECOMMENDATION

 

That Council receive and note this report.

 

REPORT

 

Council resolved on 26 August 2020 (NOM 01):

 

That Council:

 

1.    Update relevant policies and procedures to give clear and unambiguous guidance setting out when a fine will or won't be issued for parking on a verge or nature strip, including pictures and diagrams;

 

2.    Bring back a report to the October Council meeting; and

 

3.    Run an awareness campaign on this clear and unambiguous guidance through the District Forums, social and traditional media and other suitable forums.

Parking on the nature strip/footpath is an offence under Rule 197 of the NSW Road Rules 2014. This is a state government law, not a local Council policy. The offence carries a penalty of $272. In the last financial year (2019/2020), Council received 511 complaints from the public regarding illegal parking on nature strips or the footpath. Most of these complaints were after-hours or on weekends.

Council, at an extraordinary meeting held on 16 April 2020 to consider various initiatives to assist the community regarding impacts of COVID-19, resolved under Initiative 7 to:

 

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

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

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

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

·    Environmental pollution incidents; and

·    Dog attacks.”

In line with Council’s Enforcement Policy and the NSW Ombudsman Enforcement Guidelines for Councils, the exercise of discretion rests with authorised enforcement officers of Council. Consistent with the above initiative (Point 3, highlighted in bold above), determining when a fine will be issued is subject to the officer’s discretion and judgement. It may well be that an obstruction is caused any time a vehicle is parked contrary to the Road Rules (Rule 197). As mentioned above, Rule 197 sets out circumstances when it is an offence to park on the nature strip/footpath. To visually assist in this interpretation, a flyer has been prepared (Attachment 1). 

The following forms part of the communication program to educate and inform residents of the NSW Road Rules when parking outside the boundaries of the property:

·    Standard education letter plus the flyer will be distributed on an ongoing basis to streets that have had related complaints about illegal parking on the nature strip/footpath;

·    Flyer to be placed on social media;

·    Council’s parking webpage to be updated to include current flyer; and

·    Ongoing mention in communications collateral, where relevant.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

Support access and services for people with a disability.


Civic Leadership

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

Foster neighbourhood pride and a sense of responsibility.

Encourage the community to engage in Council initiatives and actions.

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

Legislative

NSW Road Rules 2014.

Risk

The risk is deemed to be Low.

The risk is considered within Council’s risk appetite.

The report reduces the liability and risk for Council as it discourages illegal parking on the nature strip/footpath.

 

 

ATTACHMENTS

 

1.         Community education campaign flyer


1

EGROW 05

Parking on Verges and Nature Strips

Attachment 1

Community education campaign flyer

 

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1

Ordinary Meeting

27 October 2020

City Economy and Growth Report

 

EGROW 06

Draft Cumberland Plain Conservation Plan Submission

 

Strategic Direction

Strengthening and Protecting our Environment

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

File Ref

275167.2020

Report By

Nancy-Leigh Norris - Senior Strategic Planner

Approved By

David Smith - Acting Director City Economy and Growth

 

 

Executive Summary

 

The Department of Planning, Industry and Environment (DPIE) released the Draft Cumberland Plain Conservation Plan (Plan) and associated documentation for public exhibition, which occurred between 26 August – 9 October 2020.

 

The Plan will result in biodiversity approvals for part of the Western Sydney Aerotropolis, in areas where the Biodiversity Certification Order does not already apply. Therefore, within the Liverpool portion of the Aerotropolis, the Plan is applicable to the Agribusiness precinct and part of the Dwyer Road precinct. 

 

Outside of the Aerotropolis, certain land across the Local Government Area is identified as ‘Strategic Conservation Area’ (SCA). The SCA encompasses lands with important biodiversity value which will be used to offset biodiversity impacts over the life of the Plan, via acquisition for establishment of new reserves, biodiversity stewardship sites or through ecological restoration.

 

A submission on the Plan has been prepared (Attachment 1) by Council and includes recommendations on the following issues:

·   Relationship of the Plan with the Liverpool LGA

·   Rezoning within the Dwyer Road Precinct

·   Strategic Conservation Areas

·   Offsets

·   Risk of Strategic Conservation Planning

·   Essential Infrastructure Guidelines and implications on delivery

·   Commitments and Actions of the Plan

 

To meet exhibition timeframes, the Council submission has been submitted to DPIE. A revised submission may be resubmitted following a Council resolution.

 

 

RECOMMENDATION

 

That Council endorses the submission on the Draft Cumberland Plain Conservation Plan

 

 

REPORT

 

Background Information

 

The vision of the Plan is to ‘support Western Sydney’s biodiversity and growth’, and it covers parts of the Liverpool LGA, as well as Wollondilly, Camden, Campbelltown, Fairfield, Penrith, Blacktown and Hawkesbury LGA’s.

 

Bio-certification within the Western Sydney Aerotropolis

 

The Plan will result in biodiversity approvals under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and Biodiversity Conservation Act 2016 (NSW) for part of the Western Sydney Aerotropolis.

 

Areas in the Aerotropolis where the Growth Centres’ Biodiversity Certification Order currently applies (Aerotropolis Core, Badgerys Creek, Rossmore, Kemps Creek and part of Dwyer Road) are not subject to this Plan, and provisions under the Biodiversity Certification Order will continue to apply.

 

Therefore, within the Liverpool portion of the Aerotropolis, the Plan is only applicable to the Agribusiness precinct and part of the Dwyer Road Precinct. Within these precincts, the Plan identifies land as either:

·     Certified – urban capable: this land is biodiversity certified for development and will not need further biodiversity approvals at the development assessment stage;

·     Non-certified – avoided for biodiversity: contains land with high biodiversity value, such as significant connected flora/fauna habitat of target species;

·     Non-certified – avoided for other purposes: contains land with development constraints such as steep slopes or riparian corridors; 

·     Excluded: land which has been excluded from the Plan due to a variety of reasons, e.g. it is already environmentally protected, Commonwealth owned land, or contains existing roads and easements.

 

Land identified as ‘non-certified’ within the Agribusiness and Dwyer Road precincts will not become biodiversity certified under this Plan. This land is also identified as having an “Environment & Recreation” zone under the Western Sydney Aerotropolis Plan.

 

It is noted that whilst this land is within the Western Sydney Aerotropolis, the category of “Non-certified – Western Sydney Aerotropolis” under this Plan does not apply within the Agribusiness or Dwyer Road precincts. This category only applies to land within the Aerotropolis north of Elizabeth Drive which is within the Penrith LGA.

 

Strategic Conservation Areas across the LGA

 

Outside of the Aerotropolis, certain land across the LGA is identified as SCA. The SCA encompasses lands with important biodiversity value, such as areas with large remnants of native vegetation, land contributing to biodiversity connectivity and/or land with ecological restoration potential. SCAs within the Liverpool LGA are primarily located within Greendale and Wallacia, with some SCAs also identified in the eastern part of the LGA.

 

The Plan does not rezone or change permissible uses on land identified as SCA, however these areas will require development consent for clearing of native vegetation, as well as additional considerations at a development application stage to ensure the protection of this land, and considerations when applying to intensify use of the site (e.g. under a planning proposal).

 

The SCA will be used to offset biodiversity impacts over the life of the Plan (via acquisition for establishment of new reserves, biodiversity stewardship sites or ecological restoration). The Plan identifies 28,300Ha of SCA across the LGAs as indicated above. Over the life of the Plan, it is expected that 11,000Ha will be used as offset land, with the Plan delivering an initial upfront commitment of 5,475Ha SCA delivered as new reserves and improved Koala habitat across these LGAs.

 

The Plan identifies the potential for a Gulguer Reserve to be established between the Blue Mountains and Bents Basin reserve in the Wollondilly LGA. This would be subject to further investigations by the Department.

 

Submission Details

 

Council’s submission on the Plan includes the following recommendations:

 

a)    Request clarification on how and when biodiversity certification will come into effect within the Dwyer Road Precinct. Under the Western Sydney Aerotropolis Plan, this precinct is identified as a non-initial precinct, to be zoned to Enterprise and Environment & Recreation at a future date. The Environment & Recreation land corresponds with the non-certified land under this Plan. Clarification is requested if the Environment & Recreation zone will come into effect through SEPP (Western Sydney Aerotropolis) 2020 once this Plan is made, or if an E2 Environmental Conservation zone will be applied under this Plan’s proposed SEPP.

 

b)    Improve the connectivity of SCA, by considering the inclusion of land currently zoned for public recreation along the Georges River, land within Holsworthy Army Barracks, and other riparian and/or vegetated land across the LGA.

 

c)    Development controls for SCA should not permit subdivision, to ensure the risk of fragmented land is reduced. Development controls should also be specific and contain strong mechanisms to adequately determine and justify development approvals within areas of SCA.

 

d)    Ensure procedures are in place in case a moratorium on development occurs (in the event of offsets falling behind in comparison with development uptake). The procedures are to include notification of Council, effective pauses on applications (e.g. no requirement for Gateway extensions), correspondence to applicants and a communication strategy to the public. 

 

e)    Encourage retention of trees and other vegetation on areas which are identified as ‘certified – urban capable’ to stop mass clearing of certified areas. The protection of non-certified areas means that there are large expanses of certified land which are deemed to have approval to remove all vegetation. This means that the benefits of retaining vegetation on site, such as urban cooling and genetic diversity, are lost.

 

f)     Provide Councils with a mechanism to deliver essential infrastructure (e.g. drainage and stormwater infrastructure) without the expense of offsetting impacted vegetation. This includes a streamline approval process in the event where Council needs to build upon protected lands, and compensation for the costs of any required offsets.

 

g)    Essential Infrastructure Guidelines advocate for the retention of vegetation in excluded lands under the Plan (excluded lands include land for large infrastructure projects such as roads). The guidelines should stipulate that sympathetic construction techniques must be utilised to minimise impacts on existing native vegetation.

 

h)    Monitor and report regularly on offsets and include an independent review to ensure requirements are appropriate and there are no undue delays in their releases.

 

i)     Limit value of ecological restoration (via planting of cleared land) is acknowledged and taken into consideration when offsets are delivered.

 

j)     Commitments and actions under the Plan clearly state the type of land to which they are applicable (e.g. non-certified land or Strategic Conservation Areas).

 

k)    Priority will be given to credit purchases from the Cumberland subregion.

 

l)     Clarification is requested regarding the location of an investigation area for a new reserve on Wianamatta-South Creek, and whether the extent of this proposed investigation area is restricted to the Confluence Reserve Investigation area noted within the Plan.

 

m)   Clarification is requested regarding whether the biodiversity education officers, and Aboriginal education officers would be funded for the entire life of the Plan.

 

n)    The scope of the Plan is broadened to include issues that span the entire Cumberland Plain Conservation area. The title of the Plan gives the impression that it is an overarching strategic document that covers all biodiversity conservation matters on the Cumberland Plain, when it is only for the purposes of strategic conservation planning.  

 

o)    Clarify how this Plan fits within the broader NSW Planning Framework, including SEPP (Koala Habitat Protection) 2019 and SEPP (Vegetation in Non-Rural Areas) 2017.  

 

p)    Mitigation measures are stronger than DCP controls and can be considered in areas outside of the Aerotropolis.

 

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

Manage the environmental health of waterways.

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

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


Social

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


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Biodiversity Conservation Act 2016 (NSW)

Environmental Planning & Assessment Act 1979 (NSW)

Risk

There is no risk associated with this report.

 

ATTACHMENTS

 

1.         Liverpool City Council Submission

2.         Cumberland Plain Conservation Plan highlight document (Under separate cover)

3.         Explanation of Intended Effect SEPP (Strategic Conservation Planning) (Under separate cover)

4.         Summary Assessment Report (Under separate cover)  


1

EGROW 06

Draft Cumberland Plain Conservation Plan Submission

Attachment 1

Liverpool City Council Submission

 

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1

Ordinary Meeting

27 October 2020

City Community and Culture Report

 

COM 01

Draft Miller Social Infrastructure Masterplan

 

Strategic Direction

Creating Connection

Provide community facilities which are accessible to all

File Ref

162295.2020

Report By

Galavizh Ahmadi Nia - Manager Community Development and Planning

Approved By

Tina Sangiuliano - Acting Director City Community and Culture

 

 

Executive Summary

 

The renewal of assets and social infrastructure in Miller has been a priority of Council for several years. A preliminary concept Masterplan in 2009 and a conditional Masterplan in 2016 were initiated to provide vision and direction for the renewal of the Miller Town Centre.

 

Council’s vision for the Miller Town Centre is to create a safe and sociable environment that will service a variety of community needs by providing diversified retail, community services, public open space, and a coalescence of housing options. Miller Town Centre is an established retail community and residential hub comprising of approximately 11 hectares of both private and publicly owned land, located centrally in the Liverpool LGA. The major landowners within the town centre are the NSW Land and Housing Corporation, NSW Health, Mission Australia and Liverpool City Council. The area has significantly higher than average social housing stock.

 

In late 2019, Council engaged consultants to prepare a Social Infrastructure Masterplan for Miller to meet the following objectives:

·     Identify urban renewal opportunities within the Miller Town Centre;

·     Improved linkages and connectivity between residential areas and Council’s community facilities and open spaces;

·     Improve connections for both pedestrians and vehicles within the study scope area;

·     Provide accessible, proportionate, quality, usable and safe community facilities; and

·     Improve sightlines, surveillance and safety within the public domain.

 

The purpose of the Masterplan is to provide Council with a vision and recommendations for renewal and redevelopment of Council-owned assets, aligned with the endorsed strategic direction of Council, to progressively redevelop these assets to meet the needs and aspirations of the community now and into the future.

The social infrastructure covered within the scope of this Masterplan consists of six Council-owned community facilities, parks, open space and sporting and recreation assets including the Michael Wenden Aquatic and Leisure Centre.

 

The Masterplan is informed by the review of key Council strategic documents, community and other stakeholder consultation outcomes, analysis of demographic and community profile, asset conditions and demand and gaps analysis, and development of key principles to guide future development of Miller.

 

Fig 1: Draft Masterplan Design

 

To meet community needs for social infrastructure, a series of recommendations and actions have been proposed to ensure Miller is developed into a sustainable, liveable, resilient and socially cohesive community well into the future. The delivery of these actions would lead to the revitalisation of social infrastructure in Miller and in turn will attract investment, growth and economic development, providing building blocks to support the community as it grows.

 

Council has received a draft Masterplan inclusive of the internal stakeholder feedback.  The draft Masterplan recommends effective integration of social infrastructure within Miller, to improve visual amenity, permeability and accessibility. The improvement to existing infrastructure and provision of new facilities are recommended by the Masterplan through several defined stages. Highlights of recommendations are as follows:

Consolidate existing community facilities and develop a new multi-purpose community hub integrated with surrounding public open spaces at Miller Square over three stages. Key components of the new hub are proposed to include a library with adaptable programming spaces, meeting room space to accommodate social and community services, health programs, space for arts, informal meeting spaces and adaptable space for education and learning programs;

·     New safe pedestrian-friendly space with a raised crossing to Miller Square;

·     New open and connected axis into Miller Square with a boulevard of trees;

·     Improved circulation open and clear visual connections with lighting;

·     Proposed increase of urban tree canopy on a precinct scale that connects and identifies key connections in corridors;

·     A staged redevelopment of Michael Wenden Aquatic Leisure Centre. This could include a new entrance for the foyer/cafe and redevelopment of existing pools and amenities, expansion of the water play area, renewal of the open spaces, health and fitness centre and multipurpose rooms;

·     Youth-focused spaces at McGirr Park including opportunities for adventure play and an obstacle play space linking the PCYC with the Michael Wenden Aquatic Leisure Centre;

·     Using residual land to provide local embellishments and enhanced community garden opportunities and establishing local spaces for the community to connect; and

·     Renewal works to existing parks and open spaces to improve their accessibility, safety and optimise utilisation.

 

Additionally, the draft Masterplan provides a detailed action plan for site specific improvement opportunities, improvements, and identifies possible funding sources. 

 

This report presents the draft Miller Social Infrastructure Masterplan to be exhibited for public comment on the vision for social infrastructure improvements in Miller; and recommends exploring opportunities to deliver on this vision through a phasing process.

 

 

RECOMMENDATION

 

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’s adoption of the Masterplan, develops a staged implementation strategy by June 2021.

 

 

REPORT

 

1.   BACKGROUND

Council has adopted several long-term strategies to guide the future planning of community facilities, recreation, open space and sports infrastructure in Liverpool over the next 10 years. These strategies outline the need to transform Council’s ageing assets into a world class network of modern facilities that meet the growing demand of the community for these facilities to be focal points of community life.

 

In 2016, Council endorsed a conditional Masterplan for renewal of the Miller Town Centre. The Masterplan outlined Council’s aspiration to redevelop the existing community facilities, including recreation and leisure facilities, to meet the current and future community needs for inclusive, affordable and accessible facilities. Additionally, Council prepared a preliminary concept Masterplan in 2009 (for internal purposes only) which investigated substantial changes to the Miller Town Centre. The Masterplan explored the potential for land swaps, improved sight lines and relocation of Miller Square. Both studies had a broader scope including pedestrian and vehicle connectivity, private investment in the town centre, and integration of public and private spaces.

 

In December 2019, Council engaged a consultant to prepare a Social Infrastructure Masterplan for Miller. In March 2020, at a Councillor briefing session, the consultants presented and provided an overview of the plan, key findings and recommended directions of the Masterplan.

 

At the time of the commencement of the planned stakeholder and community engagement, COVID-19 restrictions were introduced, which limited the ability and capacity to implement the community consultation plan. This resulted in cancellation of most public engagement activities, consisting of in-person workshops, interviews and pop-up activities. Due to the lockdown, the consultation methodologies were modified to include online surveys and phone interviews to comply with social distancing guidelines.

 

 

2.   THE DRAFT MASTERPLAN

The draft Masterplan process has been informed by a range of key Council strategic documents and the following key activities:

·      Social infrastructure assets and demand analysis;

·      Site analysis;

·      Community and internal stakeholder consultation;

·      Developing preliminary /strategic concept site layout; and

·      Preparing final draft Masterplan.

 

The Masterplan has been developed based on the following four principles:

Active streets and spaces

Community Living Room

·    Provide a range of multi-functional and adaptable streets and spaces, allowing safe and active place-based experiences that respond to the character of Miller. Sharing of spaces for all user groups and service providers, creating active and efficient use of resources.

·    The co-location of community buildings, services and open space can provide improved accessibility, improved activation and use.

·    Putting people first, the transformation of public spaces in Miller will be guided by a unique and unified design theme in the delivery of social infrastructure.

·    A suite of public domain furniture and objects will reflect the community aspirations of Miller. The community living room will provide a safe and integrated, technologically smart and aesthetically pleasing series of spaces for the community to gather and connect.

Connected & Inclusive

Health & wellbeing for all

·    A great strength of Miller is the local community network including dedicated service providers.

·    Social infrastructure is to be designed for everyone and be accessible to all, regardless of age, ability, socio-economic status or ethnicity.

·    Revitalised spaces and places will enable effective, high quality service delivery, building existing strengths and supporting the inclusive community.

·    Population growth is supported by accessible, affordable and responsive social infrastructure.

·    Safety and security will be enhanced through a coordinated approach.

·    Convenient facilities, with enhanced connections will encourage play and exercise. Equitable access through distribution, design and management will encourage pride and enhanced community identity for Miller.

 

 

2.1 Social Infrastructure Asset, Demand and Site Analysis

 

To best inform the recommendations of the Masterplan, a Social Infrastructure Needs Analysis was prepared, exploring in detail the provision and status of existing social infrastructure in Miller. This analysis report includes:

·      Review of Council’s policies and strategies;

·      Desktop population analysis;

·      Social infrastructure audit of facilities and services;

·      Review of associated benchmarks for social infrastructure planning;

·      Findings of stakeholder engagement plan; and

·      Taking into consideration the values and aspirations of local residents and service providers operating within Miller and the surrounding 2168 postcode area.

 

Fig 2: Draft concept precedent, a new Miller Square

 

The Masterplan identified the most commonly used community facilities in Miller are:

·     Miller Community Centre, which is frequently used for meetings between community service providers, as well as outreach programs, seminars, functions and education and training programs;

·     Michael Wenden Aquatic and Leisure Centre, which is used for larger community events, including the community Christmas party; and

·     Dr CR O’Brien Hall, is used for youth activities and exercise classes. The Budyari Miller Health Centre (Aboriginal Health Clinic) located next to the Miller Community Centre is operated by NSW Health and is open five days a week.

 

The most frequently used non-Council community facility is the Miller Community Hub, which is leased from NSW Health to CORE Community Services and is used for offices and a variety of outreach programs. Some community service providers also provide outreach in their clients’ homes, or at dedicated facilities, such as the Miller TAFE campus.

 

Most community service providers using community facilities in Miller have a catchment that extends to include the whole 2168 area.

 

The following are outcomes of the quantitative and qualitative assessment of facilities and recommendations for the provision of future community facilities within Miller:

·      The central location of the community facilities in Miller is a strength, allowing increased access to residents that do not have access to private cars. The proximity to footpaths, bike paths and public transport is important for the future consideration of facilities.

·      There are a high number of standalone facilities in Miller and there is a strong interest and desire to reconsider the spatial distribution, opting for a more clustered approach to the design and delivery of facilities and services, close to the Miller Town Centre.

·      The review indicates that community facilities in Miller have varying levels of accessibility and connectivity. While they are provided in central locations, the standalone facilities require maintenance and amenity improvements to facilitate safer and secure access. The sense of security and safety is currently an issue with some facilities. Despite spatial proximity, the facilities engender a feeling of isolation.

·      Technological enhancements are required to allow for the improved utilisation of community facility spaces. It is also understood that the cost of services and facilities is prohibitive in ensuring equal access for the community. In addition, there are some physical accessibility issues with poor accessibility to public amenities, such as toilets.

·      Utilisation of existing facilities are generally exclusively leased to community service providers, resulting in limited access to the broader community for casual use such as parties or community group meetings.

·      There is a strong desire from the local community to enhance the provision of library services in the area. The current size and design limit its utilisation, as the available spaces may not be appropriate to host a range of activities. For example, stakeholders have identified that the Miller Library is too small to host most programs, and that more spaces are needed for digital services to support the community.

 

The community and stakeholder engagement, when combined with further qualitative assessments and benchmarks, highlights the need to review the current provisions given the relatively large number of standalone local community facilities clustered along Woodward Crescent, many of which are old, small, inflexible and require significant upgrades. Council’s adopted Community Facilities Strategy has identified that many of these facilities need to be reviewed and repurposed in the medium term.

 

 

2.2 Community and Stockholder Consultations

A comprehensive stakeholder engagement program was designed and delivered to understand the key values and aspirations of the Miller community and agencies; as well as to inform the future development of social infrastructure in Miller.

 

The community and stakeholder engagement plan scheduled for April-May 2020 was impacted by COVID-19 restrictions, being mainly the face-to-face activities. The consultation plan was adjusted and alternative measures were adopted, including: 

·    Telephone interviews and videoconference in lieu of face-to-face interviews and group conversations;

·      An online forum and survey in the place of in person pop-up activities;

·      2168 District Forum Workshop and updates from March – August; and

·      Additional advertising, social media and posters in Miller centre to promote the online engagement approach.

The community and stakeholder consultations were held from 14 April and to 29 May 2020. The consultations and opportunities to provide feedback were promoted the following communication methods:

·      Emails to community groups, 2168 Interagency and local networks, with a reach of over 150 people;

·      Media release promoting online survey and forum;

·      Social media promotion and advertising in May. These posts reached 8,781 people, and received 111 reactions, likes or shares; and

·      Council’s e-newsletter.

 

The following are an outline of consultation activities and outcomes: 

·      A total of 12 detailed interviews were held with agencies and community groups in Miller who have direct interaction with Council facilities, including:

CORE Community Services;

New Horizons;

Department of Communities and Justice;

Exodus Foundation;

Liverpool PCYC;

Michael Wenden Aquatic Leisure Centre;

Wesley Mission;

Hume Community Housing;

Evolve Housing;

Gooboora Aboriginal Men’s Group (NSW Health, SWLHD);

Centre for Health Equity Training Research and Evaluation; and

TAFE NSW, Miller College.

 

An online forum and surveys were undertaken between 7 May to 1 June 2020. The online forum and surveys were another measure to allow broader community and stakeholders to provide feedback. A total of 211 people visited the online forum at least once, 17 of which (8%) chose to complete the online survey.

 

Workshop and presentations to the 2168 District Forum from March – August were held, with approximately 60 people in attendance. 

 

The consultation feedback has identified several themes and considerations for the development of the social infrastructure in Miller. It was clear that community and stakeholders aspire for Miller social infrastructure to be open and accessible, well connected and safe with facilities that assist the community to gain access to technology and create cultural initiatives. Young people crave spaces to learn and socialise. Aboriginal community members would like to see renewal of the social infrastructure facilities take into consideration the history and connection to place. Cost of hiring facilities was identified as a significant barrier to utilise facilities; and there is a need for more formal and informal free spaces that are safely activated for a culturally diverse population.

 

2.3 Improvement Scope of Community Facilities

 

The findings of the qualitative assessment are well aligned with the recommendations of Council’s adopted Community Facilities Strategy; to investigate and plan for a new community precinct that incorporates a multi-purpose community facility, library, space for health services and Non-Government Organisations (NGOs).

 

The Masterplan suggests the preferred option for a new multi-purpose community hub through the redevelopment of Miller Square, that would incorporate a new library space. Improved pedestrian and cycle networks are also recommended to link Miller Square with the existing Michael Wenden Aquatic and Leisure Centre.

 

The Masterplan proposes the following opportunities to improve accessibility to and connectivity of facilities:

·      Active edges and spaces - increased active frontages will enhance visible access, activity, and passive surveillance;

·      Consolidate multiple facilities into a unified community centre - working with all landowners, develop a shared vision for Miller Square around an improved public domain and a purpose-built community hub, enhancing the role and function of Miller Square;

·      Improved connections between places, spaces and facilities - apply a ‘people first’ approach and effectively integrate open space and facilities in Miller to improve safety, visual amenity, permeability and accessibility;

·      Use of residual land - provide local embellishments and enhanced community garden opportunities, establishing local spaces for the community to connect. Working with landowners, ensure the future redevelopment of social housing is design led, resulting in optimal placemaking outcomes; and

·      A series of well-defined/ programmed spaces - a ‘landscape first’ approach to connect key community and recreation facilities. Diversification of free outdoor opportunities is explored through the introduction of low maintenance park infrastructure.

Adobe Systems

Fig 3: Example of connections to natural assets for passive recreational use

 

The following are recommended options for redevelopment and renewal of community facilities in Miller:

·     An integrated multipurpose community facility of at least 2000sqm, close to Miller Central, bus stops and walking paths. Stakeholders interviewed for this project were highly supportive of this concept, and recommended that this future facility includes:

Unprogrammed “community lounge” space including phones and computers, has Wi-Fi, that is staffed by a precinct officer, and where residents can spend time for free;

Consultation rooms that can be hired by community service providers;

Large flexible spaces for program provision, which can be shared and hired by community service providers;

Youth and family friendly spaces;

Space for the Aboriginal and Torres Strait Islander community members for art and cultural programs; and

Expanded library services, to be located within the future integrated multipurpose community facility.

 

·     Rationalise and repurpose the following local community facilities, as they require significant investment to meet current community needs for facilities:

Dr CR O’Brien Hall;

Miller Community Centre; 

Caretaker Cottage; and

Budyari Aboriginal Health Centre.

 

·     Retain the following local community facilities, but explore opportunities to increase their utilisation by a broader range of community members:

Liverpool PCYC; and

Miller Senior Citizens Centre.

 

2.4 Improvement Scope of Michael Wenden Aquatic Centre

 

The Masterplan considers the opportunity to consolidate and strengthen the existing social infrastructure at the Michael Wenden Aquatic and Leisure Centre (MWALC). MWALC is located approximately 200m south of the Miller Town Centre and adjoining the Cabramatta Creek corridor. The total area of the site is approximately 2.5ha. It is one of four Council owned aquatic/indoor leisure centres in Liverpool LGA.

 

The Aquatic and Leisure Centre Strategy (2019) suggests that a new centre will require a larger footprint and with more zero depth play space than previously, create spaces and places for people to socialise and be active. This can be achieved by further integrating facilities and services within the area, including additional sport courts space, warm water program pool, better group fitness and other allied health services.

 

The multipurpose design of aquatic and indoor sports centre design needs to accommodate flexible outcomes. However, there is also an emphasis on ensuring facilities are designed to meet the needs of all potential user groups. To best accommodate multipurpose design, grouping of sport/recreation activities that require similar design components can be specified. For example, gymnastics, dance sports and martial arts can use similar spaces with soft matting requirements. Basketball, badminton, netball, futsal and volleyball can all be played on a sprung timber court surface (allowing for adequate run off for each sport). The facility can be designed to allow for these multiple sport groupings and improve overall operational performance of the centre.

 

The master planning of the Miller Town Centre provides a unique opportunity to align and integrate the redevelopment of the MWALC, with a focus on activation along Cabramatta Avenue. The site has opportunities to provide a diverse range of sport, leisure, recreation, community and allied health facilities. This will create an activated precinct offering complementary facilities and services to other Council owned and operated centres.

 

Council’s Aquatic and Leisure Centres Strategy indicated that the MWALC had relatively low competition in aquatic services, especially in consideration to the learn to swim market. The population within a 15-minute drive of the MWALC is forecast to grow by over 64,000 people from 353,884 residents, to 418,541 residents by 2036.

 

             Fig 4: Example of Integrated Aquatic and Leisure facilities (Macquarie Fields ALC)

 

The stadium at the centre includes two full sized multiuse courts, a grandstand, changerooms and has capacity for up to 1,000 people. It is used for a range of sport events and competitions, tournaments, parties, religious events and cultural celebrations. The two courts accommodate basketball, futsal, volleyball, badminton and netball.

 

The MWALC currently provides direct programs and services such as lap and recreational swimming, a hydrotherapy pool, two court stadium for sports competitions, group fitness, gym, young women’s boot camp, seniors programs, mental health programs, learn to swim, women only swimming program, school holiday programs and events on the open space areas e.g. BBQs, get togethers, Stronger Men’s group.

 

MWALC also helps to provide space for other service providers to provide services such as NSW Health – bootcamp for young women as well as other cultural programs. There is potential for more programs and services through collaboration with other services and the upgrading of the facility.

 

Data provided in March 2020 indicated visitations are approximately 120,000 visits per annum (including 750 learn to swim visitations per week).

 

Many components of the MWALC are not meeting market needs and are coming to the end of their life cycle. As such, it is recommended that a redevelopment be progressed to ensure long-term community health and wellbeing outcomes are achieved whilst minimising financial risks that are associated with ongoing asset repairs.

 

The Masterplan recommends the renewal of MWALC in multiple stages. Redevelopment through a staging process will address the current gaps in the market, including aquatic facilities for people with a disability, leisure water and water play opportunities, school programs and events (learn to swim, water safety and carnivals) as well as indoor sports club competitions. It needs to complement the regional aquatic centre, Whitlam Leisure Centre, and provide a point of difference compared to surrounding aquatic centres that may compete for the same customers within the 15-minute travel catchment.

 

The Masterplan recommends 2 stages of upgrades over the next 10-20 years.

 

STAGE 1 – COMPONENTS

INDICATIVE SIZE

Foyer, reception and retail

170m2

Café with dry and wet lounge

200m2

Communications room and admin/ staff area

230m2

Creche

100m2

Indoor learn to swim pool with accessible access.

10m x 17m.

450m2

Indoor warm water program pool 10m x 17m with accessible access and associated spa and sauna.

500m2

Provide expanded modern change room and amenities with universal access

260m²

Plant and equipment

30m2

Health and fitness (new gym and multifunction fitness rooms)

1,000 – 1,300m2

Multipurpose/ meeting/ birthday party room

40m2

Car parking

TBC

 

 

STAGE 2 – COMPONENTS

INDICATIVE SIZE

Outdoor 51.5m x 10 lane pool with moveable boom and water depth of 1.4m to 2.2m

Seating and shading

Refurbish existing and plant

1,800m2

Redevelopment and expansion of waterplay area

400m2

Grassed area:

Provision for shade/ seating/ BBQs

Easy access and way finding for all users moving to and from indoor facility to outdoor area

 

Approx. 4,850m2

2 x additional indoor sports courts to the west

2,000m2

Adventure slides (optional)

150m2

 

 

 

3.   LAND OWNERSHIP

The ownership structure of land and facilities in Miller is important in considering future renewal and redevelopment opportunities in the area. The current community facilities within the Miller Square are owned and operated by Liverpool City Council, NSW Land and Housing Corporations and NSW Health. Public spaces in Miller Square are owned by Council. Miller Library, which is operated by Council, is under leasing arrangements with Miller Central.

 

The Miller Community Hub and the adjoining building facing Miller Square are owned by NSW Health and is leased to not-for-profit community services including CORE Community Services (provides aged and disability, multicultural, youth and children’s services) and New Horizons (provides disability, health and aged care services).

 

4.   COST ESTIMATES AND POSSIBLE FUNDING SOURCES 

In addition to the range of potential funding sources, the draft Masterplan report provides preliminary cost estimates of the social infrastructure works over the next 10 to 20 years. Below is a snapshot of the high-level cost estimates of the proposed social infrastructure improvements, included in the draft Masterplan.

 

The costings are strategic estimates and they will require further examination at the design and delivery stages. Additionally, Council is cognisant of the substantial costs associated with the redevelopment of the Michael Wenden Aquatic Centre. The costs of $66m represents approximately 55% of the $119m estimates for the entire program. Council’s due diligence will consider the masterplan recommendations in the context of the wider aquatic and leisure centre strategy to ensure a coherent approach to Council’s plan for aquatic centre provision. Specific consideration to new and future developments throughout the Liverpool and surrounding LGAs will ensure the redevelopment of the Michael Wenden Aquatic Centre will meet the demand of 2168 postcode residents and those of the surrounding communities; and to ensure long-term and sustainable viability of the centre. 

 

 

ITEM

COST

Placemaking and Streets

·    Includes pavements, gardens, lighting, public art, street furniture,

·    Miller Square – Stages 1 to 3

 

 

$5,356,000

Integrated Community Hub

·    New multi-purpose community centre incl 1500m2 of library space (4 levels) Library

·    New community facility (3 levels) – North & South

·    New Buildings (part only) One new building (NSW Land and Housing site)

·    Combined Design & Construction Contingency (allow 15%)

 

Total - Integrated Community Hub

 

($11,365,000)

 

($15,668,000)

 

($1,048,000)

 

($9,058,000)

 

$37,139,000

Michael Wenden Centre

Stage 1

·    Foyer, reception and retail

·    Café and lounge area

·    New Gym, 3 fitness rooms, meeting rooms

·    Basement carpark (250 spaces)

·    Internal Learn to swim,

·    Plant, equipment and landscaping

Stage 2

·    2 additional indoor courts

·    New outdoor pool shell with boom

·    Adventure slides and waterplay

CONSTRUCTION & (FF&E) FITOUT COST (inclusive of design contingencies)

Total - Michael Wenden Centre

 

 

($33,001,00)

 

 

 

 

 

 

($16,558,000)

 

 

 

 

($16 583,000)

 

$66,142,000

Parks

·    Upgrades to 22 Parks including signage, playgrounds, lighting, pathways and tree planting

 

 

$5,201,000

Sports field Improvements

·    Improvements including oval lighting, amenities, and carparking

 

$5,431,000

CONSTRUCTION COST (inclusive of design contingencies)

Inclusive in all stages

ESTIMATED TOTAL PROJECT COST

$119,269,000

 

The draft Masterplan explores the possible sources available within the industry to fund the delivery of the draft Masterplan, taking into consideration infrastructure delivery analysis developed by the Institute for Public Policy and Governance (IPPG) at University of Technology (UTS).

 

The draft Masterplan has identified the opportunity for Council to align social infrastructure and leverage the interrelationships between sectors. For example, enhance the value and utility of open space and recreation infrastructure by integrating arts and cultural infrastructure. Further planning work will be needed to integrate the development and delivery of social infrastructure as part of broader social, health, economic and environmental planning, including through close engagement with local retail, business and employment sectors.

 

The Centre for Health Equity Training, Research and Evaluation (CHETRE) has identified funding to conduct a Health Impact Assessment of the Masterplan and to collaborate further with Council with a focus on the connections between health and wellbeing and social infrastructure in Miller. The review would offer the opportunity for systematic population health focused engagement and input, using a health impact assessment process in partnership with the heath sector.

 

While the Masterplan presents a long-term vision for renewal of social infrastructure in Miller, there are aspects of this vision that could be explored for staged delivery through the 4-year Delivery Program which can be outlined in the proposed report back to Council in March 2021.

 

The draft Masterplan Background Analysis Report recommends broad funding models associated with the renewal of social infrastructure. These are as follows:

·      Developer contributions – collected from new development in the relevant areas. However, the existing Liverpool Contributions Plans do not include contributions funding for the 2168 District, where Miller is located;

·      Proceeds from the sale of assets – Councils can deliver new social infrastructure projects using funds generated through the rationalisation of ageing, under-performing or excess assets. This approach has been suggested in the 2019 Liverpool Community Facilities Strategy, which recommends the rationalisation of four existing community facilities in Miller to fund a new district facility in the suburb;

·      Debt/loan borrowings – where appropriate, utilise debt to fund capital expenditure, subject to it fulfilling agreed economic, social or environmental benefits and not affect existing recurrent operations and cash flows;

·      Forward borrowing from reserves – any cash surpluses of a general fund nature will be restricted and held for strategic priorities;

·      Grants and contributions (operational and capital) – Grants from State or Federal Government agencies make substantial contributions to Councils’ capital works projects, including social infrastructure. There has been recent greater access to State Government funding for social infrastructure in NSW, especially given the community needs highlighted by the impacts of the current COVID-19 pandemic;

·      Delivery partnerships – where Council and key partners (such as School Infrastructure NSW, NSW Health and Land and Housing Corporation or private developers) collaborate to deliver new facilities through land swap and shared use;

·      Private contributions to social infrastructure can come in the form of joint venture development models, whereby councils and private developers’ partner and collaborate in the delivery of community facilities, outside the developer contributions systems; and

·      To attract private sector investment in social infrastructure, Council may need to create additional revenue streams. This could be achieved by co-locating community facilities in mixed-use developments alongside residential, retail or other commercial uses. Such opportunity might be feasible in Miller given the proximity of services in the Miller Town Centre.

 

The construction of facilities at Miller is recommended to be delivered in stages, depending on the availability of the funding resources. By developing a Masterplan, the major works may follow a high-level program, whilst opportunities for programs, tactical urbanism (e.g. pop-up parks) could be delivered in shorter timeframes, pending funding availability.

5.   CONCLUSION

 

The draft Masterplan articulates both a short and long-term vision for the future redevelopment of Miller’s social infrastructure; and allows for facilitated discussion with other landowners in the Miller town Centre. It includes a recommended action plan for a staged redevelopment and renewal of Miller’s social infrastructure into innovative and modern facilities.

 

The draft Masterplan considers the key findings from the stakeholders’ consultations and social infrastructure review; and provides solutions to support a diverse and growing population of Miller and the 2168 catchment within the Liverpool LGA. It identifies and makes recommendations for creating sustainable, livable, resilient and socially cohesive communities.

 

Should it be adopted by Council, the draft Masterplan will require the development of an implementation strategy to deliver on the vision through a staging process as recommended in the Action Plan (pages 41-50). This may include working with landowners, developing a shared vision for Miller Square around an improved public domain and a purpose-built community hub and enhancing the role and function of Miller Square. Further, improved connections between places, spaces and facilities, applying a ‘people first’ approach and effectively integrating open space and facilities in Miller to improve safety, visual amenity, permeability and accessibility are essential.

 

Should Council resolve to place the draft Masterplan on public exhibition, a community consultation plan will be implemented to include opportunities for conversations with the broader community and users; in particular young people, the Aboriginal community, young families, single men, CALD communities and local government and non-government stakeholders. The community consultation during public exhibition will be planned in accordance with COVID-19 guidelines.

 

CONSIDERATIONS

 

Economic

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

Facilitate economic development.

Funding for short to longer term costs of the masterplan.

An indicative estimate of $119m would be required to implement the Masterplan in full.

Environment

Enhance the environmental performance of buildings and homes.

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


Social

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

Provide cultural centres and activities for the enjoyment of the arts.

Support policies and plans that prevent crime.

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

Support access and services for people with a disability.

Deliver high quality services for children and their families.


Civic Leadership

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

Encourage the community to engage in Council initiatives and actions.

Legislative

There are no legislative considerations relating to this report.

Risk

Potentially leading to unplanned and unfunded works. The risk is currently considered to be Medium and within Council’s Risk Appetite.

 

 

 

ATTACHMENTS

 

1.         Draft Miller Social Infrastructure Masterplan (Under separate cover)  


1

Ordinary Meeting

27 October 2020

City Corporate Report

 

CORP 01

Tabling of the Annual Pecuniary Interest Returns for Councillors and Designated Persons

 

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

265086.2020

Report By

Jessica Saliba - Acting Coordinator Governance

Approved By

George Hampouris - Acting Director City Corporate

 

 

Executive Summary

 

The Model Code of Conduct for Local Councils in NSW was adopted by Liverpool City Council in September 2020. Clause 4.25 of the code requires that the completed annual pecuniary interest returns of councillors and designated persons holding office and occupying positions as at 30 June 2020, be tabled before the Council. Given this meeting takes place in a virtual forum, they will be available to view during business hours the next business day, 28th October, through Council and Executive Services.

 

Councillors and designated officers were asked to complete their pecuniary interest return by 30 September 2020 to ensure that they were received and completed by the deadline specified in clause 4.26 of the Code of Conduct. It is confirmed that all annual pecuniary interest returns have now been lodged.

 

Staff are obliged to report such matters to the Office of Local Government in accordance with pecuniary interest provisions of the Model Code of Conduct and also the Council’s Code of Conduct. Furthermore, staff are also obliged to disclose these matters to Audit NSW as part of Council’s annual audit process.

 

 

RECOMMENDATION

 

Council notes that:

 

1.    The annual pecuniary interest returns of Councillors and designated persons, as at 30 June 2020, are now tabled before the Council in accordance with clause 4.25 of the Model Code of Conduct and available to view during business hours the next business day, 28th October, through Council and Executive Services.

 

2.    A redacted version will be published on the Council website. 

 

REPORT

 

Clause 4.21 of the Model Code of Conduct provides that a Councillor or a designated person, holding that position as at 30 June in any year, must complete and lodge with the General Manager (CEO) within three months after that date, in a form prescribed by the Code of Conduct.

 

The code details the requirements for the registration and tabling of returns lodged by Councillors and designated persons as follows:

 

4.24   The general manager must keep a register of returns required to be made and      lodged with the general manager.

4.25 Returns required to be lodged with the general manager under clause 4.21(a)                 and (b) must be tabled at the first meeting of the council after the last day the           return is required to be lodged.

 

On 18 June 2020 the Chief Executive Officer approved of a Memo being issued to Councillors and designated persons advising them of the requirement to complete their annual pecuniary interest return by 30 September 2020.

 

On 15 July 2020 an email was sent to the staff advising them of the requirement to have their return completed as soon as possible.

 

Where the CEO becomes aware of a breach of the pecuniary interest provisions of the Act he / she is obliged to notify both Audit NSW and the OLG. Breaches by staff are managed by the CEO under the Award.  The OLG has jurisdiction over managing the review of alleged breaches by councillors.

 

A register of all returns lodged by Councillors and designated persons, in accordance with clause 4.24 of the code, is currently being kept by Council’s Governance Unit as required.

 

Requirement to publish:

 

Annual written returns are open access and should be made available for the public to see, however the returns contain personal information about staff and Councillors.

 

The mandatory proactive release provisions of the GIPA Act and the GIPA Regulation apply to the disclosure of information contained in returns disclosing the interests of Councillors and designated persons. The combined effect of the GIPA Act and the GIPA Regulation is that the information in the returns needs to be disclosed on the website of the Council.


 

 

Reason for redacting information:

 

After applying the public interest test, there is an overriding public interest against disclosure of personal information such as home addresses and signatures. Section 14 table 3(a) of the GIPA Act states that there is a public interest consideration against disclosure of information if disclosure could reasonably be expected to reveal an individual’s personal information. Disclosing the returns promotes openness, transparency and accountability in local government. Section 74 of the GIPA Act allows the Council to delete information that we refuse to provide access to.

 

Section 6(4) of the GIPA Act requires Council to facilitate public access to open access information in a record by deleting information from a copy of the record to be made publicly available, if inclusion of the information would otherwise result in there being an overriding public interest against disclosure of the record, and it is practicable to delete the information.

 

Releasing the information contained in the returns of Councillors and designated persons in this manner facilitates the legitimate public interest in having access to the information, while protecting the individual’s right to privacy and safety.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

Clauses 4.21, 4.24 and 4.25 of the Model Code of Conduct

Risk

There is no risk associated with this report.

 

 

ATTACHMENTS

 

Nil


1

Ordinary Meeting 27 October 2020

City Corporate Report

 

CORP 02

Investment Report September 2020

 

Strategic Direction

Leading through Collaboration

Seek efficient and innovative methods to manage our resources

File Ref

267754.2020

Report By

John Singh - Accountant - Investments & Treasury Management

Approved By

Vishwa Nadan - Chief Financial Officer

 

 

executive summary

 

This report details Council’s investment portfolio and its performance for the month ended 30th September 2020:

·    Council held investments with a market value of $300 million;

·    The economic environment globally, including Australia, suffered significantly from the start of the COVID-19 pandemic in March. The market value of Council’s investment in Floating Rate Notes (FRN) has since improved;

·    The portfolio yield was 123 basis points above the AusBond Bank Bill index;

 

AusBond Bank Bill Index (BBI)

Benchmark

0.58%

Portfolio yield

1.81%

Performance above benchmarks

1.23%

 

·    Return on investment was $523k lower than the original budget;

·    Council’s investment advisor, Amicus Advisory, has completed its review of Emerald Mortgage Backed Securities and recommends Council continue to hold its investments in the “Class A” and both “Class C” securities given current poor market pricing. MBS Securities are now not rated;

·    Council’s investments and reporting obligations fully complied with the requirements of section 625 of the Local Government Act 1993 and clause 212 of the Local Government (General) Regulation 2005;

·    Council’s portfolio also fully complied with limits set out in its current Investment Policy; and

·    Council is committed to NSW TCorp’s balanced investment framework and held 19.72% of its portfolio in ADI’s rated BBB and below.

 

 

RECOMMENDATION

 

That Council receives and notes this report.

 

REPORT

 

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

 

Council’s Portfolio

 

At 30th September 2020, Council held investments with a market value of $300 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:

 

         

The ratio of market value compared to face value of various debt securities is shown in the table below.

Asset Class

Sep-20

Jun-20

Senior Debts (FRN's ,TCD's & FRB)*

101.13%

100.75%

MBS (Reverse Mortgage Backed Securities)

64.98%

62.11%

T-Corp Unit Trusts

102.99%

102.81%

 

*Definition of terms

·      Transferrable Certificate of Deposit (TCD) - security issued with the same characteristics as a Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).

·      Fixed Rate Bond (FRB) – returns Fixed Coupon (interest) Rate and is tradeable before maturity.

 

The economic environment globally, including Australia, suffered significantly from the start of the COVID-19 pandemic in March. The market value of Council’s investment in FRN’s has since improved. Council has sufficient funds in its current account and has no plans at this stage to sell off any of its FRN’s to meet its short-term cashflow requirements.

 

Council is fully compliant with the requirements of the Ministerial Investment Order including the grandfathering provisions. The grandfathering provisions state that Council may continue to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

 

Council is committed to NSW TCorp’s balanced investment framework and held 19.72% of its portfolio in ADI’s rated BBB and below.

 

Emerald – Mortgaged Backed Securities

 

Council’s new investment advisor, Amicus Advisory, was asked on appointment to review Council’s investments in “grandfathered” mortgage backed securities. Amicus has completed its review and recommends Council continue to hold its investments in the “Class A” and both “Class C” securities given current poor market pricing. Notwithstanding this recommendation, Amicus has assessed both “Class C” securities are likely to eventually default. However, Council will continue to receive interest up until default which is likely many years away. Fitch Rating Agency has decided to withdraw its rating on mortgage backed securities and as a result, Council investments in these securities are now classed non-rated.

 

Portfolio Maturity Profile

 

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

 


 

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

 

Overall Portfolio Credit Framework compliance to Investment Policy

 

 

 

 

 

Portfolio performance against relevant market benchmark.

 

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

 

The portfolio yield to 30th September 2020 exceeded the AusBond Bank Bill index by 123 basis points (1.81% against 0.58%)

 

Council portfolio continues to perform at above benchmark rates despite ongoing margin contraction and significantly lower market term deposit yields. Comparative yields for the previous months are charted below:

 

 

 

 

 


 

Performance of Portfolio Returns against Budget

 

Council’s investment income for September 2020 is lower than the original budget by $523k.

 

 

Investment Portfolio at a Glance

 

 

Portfolio Performance

MCWB01114_0000[1]

The portfolio yield to 30th September 2020 exceeded the AusBond Bank Bill index by 123 basis points (1.81% against 0.58%).

Annual Income vs. Budget

MCWB01114_0000[1]

Council’s investment interest income is lower than the original budget by $523k as at 30th September 2020 and will be closely monitored.

 

Investment Policy Compliance

 

Legislative Requirements

MCWB01114_0000[1]

Fully Compliant

Portfolio Credit Rating Limit

MCWB01114_0000[1]

Fully Compliant

Institutional Exposure Limits

MCWB01114_0000[1]

Fully Compliant

Overall Portfolio Credit Limits

MCWB01114_0000[1]

Fully Compliant

Term to Maturity Limits

MCWB01114_0000[1]

Fully Compliant

 

 

Economic Outlook – Reserve Bank of Australia

 

The Reserve Bank has left the official cash rate on hold at 0.25 per cent in its meeting on 6th  October 2020.The current 0.25 per cent cash rate is at a historically low level and impacts returns on investment.

 

Certificate of Responsible Accounting Officer

 

The Chief Financial Officer, as Responsible Accounting Officer, certifies that the investments listed in the attached report have been made in accordance with section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy at the time of their placement. The previous investments are covered by the grandfathering clauses of the current investment guidelines issued by the Minister for Local Government.

 

CONSIDERATIONS

 

Economic

Council’s investment interest income is lower than the original budget by $523k as at 30th September 2020 and will be closely monitored.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

Council is fully compliant with the requirements of the Local Government Act 1993 – Investment Order (authorized investments) and with reporting requirements under clause 212 of the Local Government (General) Regulation 2005.

Risk

The capital value and return on investment is subject to market risks. Investment limits prescribed in Council’s policy framework is aimed to mitigate these risks.

Market interest is expected to stay at its lowest rate for a long period and will continue to put pressure on Councils budget.

 

ATTACHMENTS

 

1.         Investment Portfolio - September 2020

 


1

CORP 02

Investment Report September 2020

Attachment 1

Investment Portfolio - September 2020

 

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PDF Creator

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1

Ordinary Meeting

27 October 2020

Committee Reports

 

 

CTTE 01

Liverpool Sports Committee Minutes of meeting held 27 August 2020

 

Strategic Direction

Creating Connection

Create a dynamic, inclusive environment, including programs to support healthy living

File Ref

255392.2020

Report By

Mark Westley - Manager Recreation and Community Outcomes

Approved By

Tina Sangiuliano - Acting Director City Community and Culture

 

 

Executive Summary

 

This report is tabled in order to present the Minutes of the Liverpool Sports Committee meeting held on 27 August 2020.

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Sports Committee meeting held on 27 August 2020.

 

 

REPORT

 

The Minutes of the Liverpool Sports Committee meeting held on 27 August 2020 are attached for the information of Council.

 

The Minutes identify actions for Council staff to undertake, none of which will have any financial impact on Council.

    

CONSIDERATIONS

 

Economic

There are no economic or financial considerations.

Environment

There are no environmental and sustainability considerations.

Social

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

Civic Leadership