Agenda of Ordinary Meeting - Wednesday, 29 September 2021

Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 25 August 2021................................................................. 6

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Chief Executive Officer Report

NIL

Planning & Compliance Report

PLAN 01 Draft Amendment 3 to Liverpool Contributions Plan 2008 - Edmondson Park 76 1

PLAN 02 Developer contributions shortfall and gap funding......................................... 79......... 2

PLAN 03 Street Naming Requests - Casula and Middleton Grange............................. 89......... 3

PLAN 04 Draft amendments to existing planning agreement in support of Draft Amendment 91 to Liverpool Local Envrionmental Plan - The Grove, Warwick Farm........ 94......... 4

PLAN 05 Liverpool Animal Shelter................................................................................. 99......... 5

PLAN 6 Revised draft Warwick Farm Racing Precinct Structure Plan, Planning Proposal and Contributions Plan (to be provided in the Addendum Booklet)

Community & Culture Report

COM 01 Endorsement of new membership for Community Safety and Crime Prevention Advisory Committee 2020-2022................................................................... 103......... 6

COM 02 Grants, Donations and Corporate Sponsorship report................................. 116......... 7

COM 03 Report Back - Rates assistance................................................................... 120......... 8

Corporate Services Report

CORP 01 Investment Report August 2021................................................................... 125......... 9

CORP 02 LGNSW Board Election and Annual Conference......................................... 134....... 10

City Presentation Report

NIL

Infrastructure & Environment Report

INF 01 Managing Drainage Channels and Waterways............................................ 149....... 11

Economy & Commercial Development Report

NIL

Committee Reports

CTTE 01 Minutes of the Audit, Risk and Improvement Committee Meeting held on 13 August 2021.............................................................................................................. 159....... 12

CTTE 02 Minutes of the Liverpool Access Committee meeting held on 12 August 2021 178 13

CTTE 03 Minutes of the Aboriginal Consultative Committee meeting held on 5 August 2021 183 14

CTTE 04 Meeting Notes of the Liverpool Youth Council Committee Meeting held 13 July 2021 and Minutes of the Liverpool Youth Council Committee Meeting held 10 August 2021.................................................................................................. 190....... 15

CTTE 05 Minutes of the Tourism and CBD Committee meeting held 24 August 2021 207 16

CTTE 06 Minutes of the Heritage Advisory Committee meeting held on 17 August 2021..... 214 17

CTTE 07 Minutes of Strategic Panel meeting held on 9 August 2021........................ 222....... 18

Questions with Notice

QWN 01 Question with Notice - Clr Harle - Shopping Trolleys, Parkbridge Estate Road Extension, Solar Energy, and Staff Changes............................................... 229....... 19

QWN 02 Question with Notice - Clr Harle - Covid and English Language Courses.. 251....... 20

QWN 03 Question with Notice - Clr Hadchiti - Retail Hierarchy................................. 253....... 21

QWN 04 Question with Notice - Clr Hagarty - Community Sport............................... 255....... 22

QWN 05 Question with Notice - Clr Harle - Pearce Park............................................ 256....... 23

QWN 06 Question with Notice - Clr Rhodes - Impacts of NSW Health Work orders on home owners issued with Council Works Orders and their ability to comply........ 257....... 24

QWN 07 Question with Notice - Clr Kaliyanda - Growth of African Olives and Other Invasive Weed Species............................................................................................... 258....... 25

QWN 08 Question with Notice - Clr Kaliyanda - Disaster Preparation Tool............... 259....... 26

QWN 09 Question with Notice - Clr Kaliyanda - FOGO Grants from NSW Government 260 27

Presentations by Councillors

Notices of Motion

NOM 01 Nappy Rebate............................................................................................... 261....... 28

NOM 02 Sesquicentennial.......................................................................................... 263....... 29

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 Draft 10 Year Waste Management and Resource Strategy

Reason: Item CONF 01 is confidential pursuant to the provisions of s10(A)(2)(d ii) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

CONF 02 Tourism and CBD Committee - New Community Representative

Reason: Item CONF 02 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 03 Acquisition of Lot 10 DP1203674, 220 Fifth Avenue, Austral for drainage purposes

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 RCL2999 Provision of Essential Trade Services

Reason: Item CONF 04 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 05 Proposed granting of an Easement for Underground Electrical Cables over Council Land identified as Lot 201 in DP 1194243, Kurrajong Road, Carnes Hill

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.

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MINUTES OF THE Ordinary Meeting

HELD ON 25 August 2021

PRESENT VIA VIDEO CONFERENCING:

Mayor Wendy Waller

Councillor Ayyad

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Dr Eddie Jackson, Chief Executive Officer

Mr George Hampouris, Acting Director Corporate Services

Ms Tina Bono, Acting Director Community & Culture

Mr David Smith, Acting Director Planning & Compliance

Mr Peter Diplas, Acting Director City Presentation

Ms Jennifer Chenhall, General Counsel, Manager Governance, Legal and Procurement

Mr Raj Autar, Director Infrastructure & Environment

Mr John Morgan, Director Economy & Commercial Development

Ms Ellen Whittingstall, Internal Ombudsman

Mr Vishwa Nadan, Chief Financial Officer

Mr George Georgakis, Manager Council & Executive Services

Ms Susan Ranieri, Coordinator Council & 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 Dr Eddie Jackson, Chief Executive Officer.

APOLOGIES

Nil.

CONDOLENCES – Mr Bernard Jeffery and COVID-19

ITEM NO:	COND 01
FILE NO:	273166.2021
SUBJECT:	Condolence Motion - Bernard Jeffery (read by Mayor Waller)
Tonight, we pause to honour the memory of Bernard Jeffery, a valued staff member of Liverpool City Council. Bernard passed away suddenly last week. He was aged 66. Bernard worked for Council in the position of Senior Land Development Engineer. He will be sorely missed by his colleagues, especially in the Land Development, Development Assessment and Infrastructure and Environment teams. Bernard will be remembered as someone who was always ready to help in any matters asked of him without question or complaint. His knowledge, expertise and efforts were recognised and respected within the development community. He was instrumental in supporting the design and delivery of engineering systems in Austral/Leppington and was an extremely reliable colleague. He worked tirelessly with developers and the planning team to achieve great outcomes for our growth areas. The news of Bernard’s passing has been met with great sadness by all Council staff. On behalf of Liverpool City Council, I humbly express my deepest condolences to Bernard’s wife Leanne, and all his family and friends. Our thoughts are with Bernard’s loved ones during this difficult time. May he rest in peace.
COUNCIL DECISION Motion: Moved: Mayor Waller Seconded: Clr Hadid Moved: Mayor Waller That Council write to the family of Bernard Jeffery to express our condolences for their loss. On being put to the meeting the motion was declared CARRIED.

ITEM NO:	COND 02
FILE NO:	273166.2021
SUBJECT:	Condolence Motion - COVID-19 (read by Mayor Waller)
Tonight, we pause to honour the memory of those whose lives have been lost to COVID-19, particularly residents of the Liverpool local government area. It is such a heartbreaking time for many people, and we take this time to remember them. The current Delta coronavirus outbreak began on 16 June. Almost 14,000 cases and 75 related deaths have since been reported as of yesterday. Every one of those deaths is a tragedy and I offer my deepest condolences to the loved ones of all those who have lost their lives in this pandemic. The Delta outbreak has affected the Liverpool community enormously with a total of 1049 cases so far recorded amongst our residents. As of Tuesday 24 August, 11 people have lost their lives after contracting the disease at Liverpool Hospital, despite entering the hospital with other health conditions. Several people who contracted the virus within the community have sadly died at Liverpool Hospital. Several other Liverpool residents have died from COVID-19 at home. This is an incredibly difficult time for their families many of whom are sick with coronavirus themselves. I would like to extend my deepest thanks to all the health care workers and frontline workers. The challenges you’re facing are immeasurable; yet you continue to put the lives of others before your own, risking your own health to help others. As you keep showing up to care for those who need it most, we will continue to stay home for you. Most of the Liverpool community are doing the right thing and adhering to the lockdown rules. We know this disease spreads quickly once it is within households and is often brought back to households by authorised workers, doing the essential work to keep our society functioning. The stigma around the disease unfortunately means some people seek medical help far too late, once their condition is already critical. COVID-19 is also placing a toll on the community forced to adapt to learning and working from home and spending all their time in the same environment. Many people have also lost work entirely or cannot work from home and are struggling just to put food on the table. Milestones can’t be celebrated, grandparents can’t meet their newborn grandchildren, and people can’t attend the funerals of loved ones. We will come out of this lockdown and slowly return to normal – it can’t come soon enough. We must have hope. But we will always be touched by this difficult period of our lives. I urge people to continue to get vaccinated. I know this isn’t always a straightforward process and getting an appointment can be challenging. I hope that the four community vaccination hubs across Liverpool, which were doing a great job of vaccinating locals, will be able to reopen again in September. Nothing will bring back the lives lost in this pandemic. There are so many people in our community suffering immensely and we need to be kind to each other and offer support where we can. While this is a challenging time for all of us, it is so much harder for those directly affected by the loss of someone they love to COVID-19. May they all rest in peace.   COUNCIL DECISION Motion: Moved: Mayor Waller Seconded: Clr Shelton That Council expresses its condolences for those that have lost their lives. On being put to the meeting the motion was declared CARRIED. One minute silence was then observed for Bernard Jeffery and all those who have lost their lives due to COVID-19.

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the minutes of the Ordinary Meeting held on 28 July 2021 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 pecuniary interest in the following items:

Item: CONF 06 - Management of Contaminated Lands.

Reason: In part that report refers to an area near where Clr Shelton lives and therefore owns real estate.

Item: CONF 08 - Tender for Supply of Electricity - Renewable Energy Percentage Election.

Reason: Clr Shelton owns shares in one of the companies referred to in the report.

Clr Shelton left the meeting for the duration of these items.

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

Item: COM 02 - Grants, Donations and Corporate Sponsorship

Reason: Clr Kaliyanda has had previous dealings with one of the organisations listed in the report through her work and as a community member.

Clr Kaliyanda left the meeting for the duration of this item.

Item: CONF 05 – Order of Liverpool Awards 2021.

Reason: Clr Kaliyanda knows one of the nominees.

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

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

Item: CONF 05 - Order of Liverpool Awards 2021

Reason: Clr Rhodes knows some of the people nominated but not all the people nominated.

Clr Rhodes left the meeting for the duration of this item.

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

Item: CONF 05 - Order of Liverpool Awards 2021

Reason: Clr Harle knows several of the people nominated for an award.

Clr Harle left the meeting for the duration of this item.

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

Item: PLAN 02 - Post exhibition report - Revised Middleton Grange Town Centre Planning Proposal.

Reason: Clr Ayyad lives in Middleton Grange.

Clr Ayyad 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: CONF 05 – Order of Liverpool Awards 2021.

Reason: Clr Hagarty knows one of the nominees.

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

Public SUBMISSIONS

Written submissions for items not on agenda

Nil.

Written submissions for items on agenda

Nil.

Mayoral Minute

al Minute – MAYOR 01

ITEM NO: MAYOR 01

FILE NO: 273095.2021

SUBJECT: 60 Years of Green Valley

This August we mark 60 years since the start of construction of the Green Valley Housing Project, an important part of the history of Liverpool and the nation.

Before European colonisation, the land which later became known as Green Valley was the home of the Cabrogal clan of the Darug nation. In 1804, in the early days of the British colony of New South Wales, Governor Philip King granted a large portion of the land making up this area to support the Orphan School. The name Green Valley was used from the late-nineteenth century to refer to the area Northwest of the town of Liverpool. For a long time, Green Valley was mostly farming land, sitting on the fringe of greater Sydney. Some early landowners in the area included Peter Miller, Charles Ambrose Scrivener, James Bull and Bridget Peters.

On 3 August 1961, the Housing Commission of NSW marked the turning of the first sod for an ambitious public housing project. The housing constructed between 1961 and 1964 was intended to provide accommodation for 6000 families, many relocating from other more densely populated areas of Sydney. Green Valley today encompasses the suburbs of Green Valley, Ashcroft, Busby, Cartwright, Heckenberg, Miller and Sadleir, and part of Hinchinbrook - all sharing the 2168 postcode.

The people of Green Valley are proud, and they have faced challenges. But Green Valley has also been a place of opportunity. Peter Weir’s 1973 film “Whatever happened to Green Valley” defied many deeply held and incorrect perceptions of the area. The film is available online through the National Film and Sound Archive website and it is worthwhile viewing.

Green Valley is also an unrecognised rugby league cradle, with deep links to our victorious NSW Blues State of Origin side. The game of rugby league owes a lot to the Valley. Several rugby league legends and current players attended Ashcroft High, including Brad Fittler, Jason Taylor and Junior Paulo. I am also a proud former attendee of Ashcroft High.

The Green Valley area is also producing future leaders. For the past few years, the Liverpool Council Chambers has held sessions of the 2168 Children’s Parliament. This ground-breaking initiative between Council and Mission Australia aims to help primary schools in this area to actively engage in civic life and participate in decisions that directly affect them.

As we look forward to the next 60 years for the Green Valley area, I believe there is great potential, which will be meet by further investment in infrastructure and a program of urban renewal. Council is aiming to redress the historic disadvantage in Green Valley and surrounds through the Miller Social Infrastructure Masterplan. The nearby Lurnea Community Hub at Phillips Park, currently under development, will also be a great facility for the community. The area will sit only a short distance from the future Western Sydney International Airport and Aerotropolis and all the opportunities this will provide.

Green Valley will continue to thrive in coming years, and I look forward to seeing its growth and the future achievements of its residents.

Congratulations to a great community with a bright future.

COUNCIL DECISION:

Motion: Moved: Mayor Waller

That Council acknowledges the 60th anniversary of the suburb of Green Valley.

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

Planning & Compliance Report

ITEM NO: PLAN 01

FILE NO: 247426.2021

SUBJECT: Draft Amendment to Liverpool Growth Centre Precincts Development Control Plan

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hagarty

That Council:

1. Place the draft amendment to the Liverpool Growth Centre Precincts Development Control Plan on public exhibition for 28 days in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000 and the Liverpool Community Participation Plan 2019; and

2. Receive a further report on the outcomes of public exhibition and community consultation on the planning proposal, voluntary planning agreement and DCP amendment.

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

Councillors voted unanimously for this item.

Note: Clr Balloot was not at this meeting.

ITEM NO: CTTE 02

FILE NO: 250523.2021

SUBJECT: Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 21 July 2021

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Hadid

Council adopts the following recommendations of the Committee subject to the following change in Item 6 (as shown below) and the inclusion of an additional point in General Business item 1 (as shown below):

- Item 6 Flynn Avenue, Middleton Grange - Proposed Traffic Restrictions through the Western Sydney Parklands.

· Does not approves the proposed road closures until such time as other road works in the area are completed

· All stakeholders to be advised of the road closures.

- Additional point in relation to General Business item 1: Second Avenue, West Hoxton – Proposed Road Extension.

· Community consultation take place in relation to General Business 1

Recommendations

Item 1 Campbell Street, Liverpool – Proposed Raised Threshold.

· Approves the raised threshold as shown in the Attachment booklet.

Item 2 88 Kurrajong Road, Prestons - Proposed Traffic Facilities and Signs and Linemarking Scheme.

· Approves the proposed median islands and associated signs and linemarking scheme in Kurrajong Road, west of Kookaburra Road (North) as shown in the Attachment booklet.

Item 3 Fourteenth Avenue, Austral - Proposed Traffic Facilities and Signs and Linemarking Scheme.

· Approves the signs and linemarking scheme as shown in the Attachment booklet.

Item 4 Moorebank East, Moorebank – Proposed Traffic Facilities and Signs and Linemarking Scheme.

· Approves the signs and linemarking scheme as presented.

Item 5 Flynn Avenue, Middleton Grange – Speed Concerns and Proposed Raised Threshold in front of Thomas Hassell College.

· Approves the proposed traffic facilities as shown in the Attachment booklet.

Item 6 Flynn Avenue, Middleton Grange - Proposed Traffic Restrictions through the Western Sydney Parklands.

· Does not approves the proposed road closures until such time as other road works in the area are completed (this point was added at the Council meeting on 25 August 2021).

· All stakeholders to be advised of the road closures.

Item 7 Talana Hill Drive, Edmondson Park - Request for Raised Thresholds.

· Approves Installation of two raised thresholds across Talana Hill Drive Section. Community consultation is to be carried out with residents close to the proposed raised threshold location to confirm the locations.

· Detailed design of the raised thresholds be submitted to the TfNSW and Police for review prior to installation.

Item 8 Stanton Street, Liverpool - Request for AM and PM peak ‘No Left Turn’ and ‘No Right Turn’ restrictions at its intersection with Memorial Avenue and Flowerdale Road.

· The ‘No Left Turn’ and ‘No Right Turn’ access restrictions through Stanton Street be deferred.

· Community consultation be carried out with local residents to consider treatment options including ‘No Left Turn’ at the Stanton Street and Flowerdale Road intersection, installation of traffic calming devices including rumble bars in the curved road section.

· The outcome of the community consultation be presented to the September traffic committee meeting.

Item 9 Manning Street, Warwick Farm – Proposed Traffic Calming Scheme.

· Approves the interim treatments along Manning Street involving improved signage, pavement marking, and street lighting as shown in the Attachment booklet.

Item 10 Barry Road, Chipping Norton – Proposed Pedestrian Refuge.

· Approves installation of pedestrian refuge in Barry Road at Ernest Avenue intersection, Chipping Norton, as shown in the Attachment booklet.

· Detailed design of the pedestrian refuge to include design of a crossing facility across Ernest Street, to be presented at a future meeting.

Item 11 Fifteenth Avenue, Austral – Proposed ‘No Right Turn’ restrictions at Craik Avenue intersection.

· Approves installation of the proposed No Right Turn into Craik Avenue subject to TfNSW approval.

· A traffic management plan (on the proposed right turn movements) be prepared and submitted to TfNSW endorsement prior to implementation.

Item 12 Transport for NSW Digital Smart Kerb Pilot Scheme – Update and Second Street.

· Approves installation of parking sensors in the parking spaces along sections of Elizabeth Street, College Street, Bigge Street, and Moore Street as part of the Smart Kerb Pilot.

Item 13 Badgerys Creek Road, Badgerys Creek – Access to the metro station proposed roundabout.

· Approves the submitted detailed design and signage and linemarking plans of the proposed roundabout.

· Council to enter an agreement with Sydney Metro for removal of this temporary roundabout once the construction work is complete. Alternative access is to be identified and established to access the Metro station and future Bradfield City Centre.

Item 14 Ardennes Avenue, Edmondson Park - Request for Traffic Calming Devices.

· Approves installation of asphalt concrete speed humps in front of House No’s 113-115 and between Darwin Road/Normandy Road.

Item 15 Items Approved Under Delegated Authority.

· Approves the works approved under the delegated approval process.

General Business item 1 – Second Avenue, West Hoxton – Proposed Road Extension. Community consultation take place in relation to General Business 1 (GB1) for community feedback. (This point was added at the Council meeting on 25 August 2021).

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

ITEM NO: ECD 01 – Addendum Book

FILE NO: 262955.2021

SUBJECT: Rent Relief Assistance for Council’s Commercial/Retail Tenants

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hagarty

That Council:

1. Apply the provisions of the Retail and other Commercial Leases (COVID-19) Regulation 2021 (the New Regulation) for Council’s tenants (subject to qualification);

2. Approve the rental waiver of up to 50% for the period 26 June 2021 until 13 January 2022 and rental deferment for a period of up to 6 months, subject to qualification and impact on turnover;

3. Note that 70 free parking pass cards have also been provided to NSW Health (Public Health Unit), which has been extended from the previously approved period of 8 August 2021 until 30 September 2021, associated with the extended lockdown period; and

4. Council make provision of $250,000, in its 2021/2022 budget, to cover the cost of rent waivers and rent deferrals that may be granted to tenants, as outlined in this report.

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

Councillors voted unanimously for this motion.

Notices of Motion

ITEM NO: NOM 01

FILE NO: 262566.2021

SUBJECT: Liverpool Animal Shelter - Animal Return Policy for previously rehomed animals

Background

I am aware of a recent incident where a dog recently rehomed from the Liverpool Animal shelter was no longer able to be kept at the home of the person who had adopted the animal.

I was also informed that the person could not return the animal to the Liverpool Animal Shelter as the contract of sale does not allow an animal to be returned to the animal shelter once adopted.

I also confirmed that Council has a clause written into the contract of sale that doesn’t allow adopted animals to be returned to the shelter.

Council advice also confirms that there is a rigorous rehoming process that Council believes has resulted in only three people having contacted the shelter to discuss returning their animal after recent adoption.

I note in the most recent case that I am aware of, involving an animal having to be rehomed after recently being adopted from the Liverpool Animal Shelter, the owner made no attempt to contact Council because of the no return clause in the contract of sale.

The question is, is the reported low rate of people contacting the shelter about return issues a result of rigorous rehoming procedures at the shelter or is it because of the no return clause in the contract of sale agreement and that perhaps there is a higher number?

The current contract of sale that people sign states that the shelter will not accept the return of any animals adopted from the shelter.

I am concerned about the consequences for animals caught in such circumstances if not rehomed or being able to be returned to the shelter.

It is not a good outcome for the animal nor for Liverpool as such animals may find themselves back on the streets as strays and only after much suffering, again end up being the responsibility of Liverpool Council and possibly with health issues as a result of neglect.

It may be in the best interest of the welfare of any such animal adopted from the Liverpool Animal Shelter, but who for certain prescribed exceptional circumstances within a qualified period of time from being first adopted, are accepted by the Liverpool Animal Shelter to be returned by the original adoptee of the animal, all of which would be prescribed in the report back to Council that addresses the merits or otherwise of a possible return policy to address the situation and questions raised in this motion for further discussion and consideration.

The following is a question I asked at the last Council meeting, and which was taken on notice:

“Is there a return policy whereby an animal can be returned to the pound, within a particular timeframe if it hasn’t worked out”?

The response to the question to council taken on notice from the July 2021 Council meeting was:

“Council does not accept returns of animals adopted from the shelter. Statistically, Council has rehomed 294 dogs between June 2019 - June 2021. Out of these, only 3 owners have contacted the shelter to discuss returns. One was after having the dog for six months. Council’s Sale Agreement is attached.

Prior to the adoptee signing this form, adoptees go through a rigorous process to be matched up with the right pet. Council’s Rehoming Officer first conducts a phone interview to determine whether the person’s home and lifestyle is suitable for the dog and discusses the dog’s behaviours and characteristics. If it is a good match, the officer books a meet and greet with the family at the shelter.

These often take more than an hour, and in some cases the family is encouraged to come back on a second occasion (if the dog is shy and needs time to warm up). At the end of each meet and greet the officer has an open clear discussion with the family to ensure they are ready to meet the needs of the dog and discusses Council’s no returns policy, so it is clear to them prior to finalising their adoption paperwork.

Due to rigorous rehoming processes, Council does not have any issues with people seeking to return animals”.

NOTICE OF MOTION (Submitted by Clr Rhodes)

That Council receive a report at the September 2021 Council meeting on the merits or otherwise, including any reasonable conditions, of allowing the return of animals previously rehomed from the Liverpool Animal Shelter, that would need to be considered in a possible Return Policy for previously rehomed animals.

COUNCIL DECISION

Clr Rhodes withdrew the Motion following discussion as it is now null and void.

ITEM NO: NOM 02

FILE NO: 263983.2021

SUBJECT: Liverpool Animal Shelter Social Media Animal Rehoming Service

Background

Liverpool has once again been severely impacted by shutdowns as a result of COVID 19 that has closed our rehoming services through the Animal Welfare Shelter.

Professional advice indicates that there will be continued lock downs when necessary for the foreseeable future even if 80% vaccination is achieved. This questions the need for Council to look at alternate ways of delivering the rehoming service that can continue during lockdowns and also work as a valuable tool even if and when the lock down restrictions do not apply.

Council is currently accustomed to placing photographs on Social media of animals in the Liverpool Animal Welfare Shelter, but in the wake of COVID and in view of what other LGA’s are doing in the space of Social Media in order to keep rehoming services available to constituents, it needs to be addressed on what Liverpool could or should provide for our Constituents in a similar way.

Care needs to be taken on Council being able to assess the appropriateness of constituents’ place of residence for the adopted animals, as well as animals being adopted on a whim by people bored whilst in lockdown and on possible ways Council could address these issues through a social media led adoption service.

Both Campbelltown and Blacktown are providing a rehoming service through this method and perhaps it is time for Liverpool to do the same.

NOTICE OF MOTION (Submitted by Clr Rhodes)

That Council consider and report to September Council Meeting 2021 on the merits or otherwise of the provision of Social Media animal rehoming services that includes photo and video of animals up for adoption.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council prepares a report to the September 2021 Council meeting on the online operations of covid safe adoption services that are currently operating in other council areas (eg. Campbelltown and Blacktown City Councils).

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

ITEM NO: NOM 03

FILE NO: 264095.2021

SUBJECT: Pedestrian Bridge from Casula Railway Station to Moorebank Intermodal

Background

The anticipated employment opportunities that the Moorebank Intermodal site has been reported to be the most significant employment opportunity in the Liverpool LGA to date. Liverpool’s congested traffic makes the Intermodal site difficult to access by roads particularly when you consider the impact of delivery truck movements transferred from Port Botany to this site. The truck movements of goods competing with the sites employee access could be better addressed by utilising the Casula Railway Station, encouraging and promoting rail rather than vehicle access, through the delivery of a pedestrian bridge directly to the Moorebank Intermodal place of employment, taking traffic off Liverpool roads, reducing air pollution and supporting local jobs.

The plans to build a substantial parking station at the Casula Railway Station also supports the positive benefit that such a pedestrian bridge would provide in servicing Liverpool’s reported most significant employment opportunity.

The Casula Parkland has been the focus of Liverpool Council’s delivery of social amenity infrastructure such as the Casula Powerhouse Arts Centre and restaurant, sculpture walk, dog park, soon to be delivered Environment Centre and river access that is a major visitation precinct unequalled in the Liverpool LGA thus far.

A pedestrian bridge would provide residents east of the Georges River the opportunity to enjoy the social benefits of Council investment into social infrastructure into the Casula Parklands that residents west of the Georges River currently enjoy. A bridge would encourage physical activity and improve health outcomes for Liverpool citizens.

The pedestrian bridge would further contribute to the visitation economy and enhance the activation of the Casula Powerhouse Arts Centre, restaurant, and parklands by making access more available to all residents in the Liverpool LGA.

NOTICE OF MOTION (Submitted by Clr Rhodes)

That Council consider and report to the October 2021 Council meeting on the merits or otherwise of the provision of a pedestrian crossing over the Georges River from the Casula Railway Station to the Moorebank Intermodal site, that includes:

1. Cost of bridge and possible Moorebank Intermodal contribution to the cost;

2. Possible State and Federal grants;

3. Analysis of anticipated Moorebank Intermodal job opportunities that would benefit through the train, pedestrian access;

4. Estimated number of vehicles that could be taken off our roads by employees using trains and or pedestrian access to the Moorebank Intermodal job opportunities; and

5. Benefit of pedestrian bridge to CPAC, dog park, Environment Centre linking east of the Georges River residents to driverless access to the Liverpool Council facilities.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council:

1. Consider in the 2022/2023 Budget and Operational Plan the necessary funding provision to undertake the studies on concept drawings, build costs, grant opportunities, analysis of anticipated job opportunities, potential reduced vehicle trips and other potential benefits for the provision of a pedestrian bridge from Casula Railway Station to Moorebank Intermodal and for its inclusion in the 10 year strategic plans and the 10 year capital works program.

2. Negotiate with Moorebank Intermodal for a possible VPA or equivalent State Significant Contribution that considers the provision of the pedestrian bridge.

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

ITEM NO: NOM 06

FILE NO: 263677.2021

SUBJECT: Rates

Background

During the Council meeting held on Wednesday 28 July 2021 I proposed an inclusion to NOM 02 – COVID Support, shown below, which was unanimously carried.

4. Rate relief

Exhibit its intentions for the minimum statutory period for a one-off reduction of 10% on properties that sit within the definition of residential use subject to a criteria that would include but not limited to:

· Property being used for owner occupier purposes;

· At least one owner has claimed a government COVID disaster payment; and

· The property is in the name of an individual.

Present a report back to Council after the exhibition period.

On Friday 30 July 2021 the Mayor & Councillors were advised via email that the above was ‘unlawful’ and would not be enacted. The minutes of the meeting were published which also referred to the above as being “unlawful”.

Section 356 of the Local Government Act 1993 Act 30 states word for word the following:

356 Can a council financially assist others?

1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

2) A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’ public notice of the council’s proposal to pass the necessary resolution has been given.

3) However, public notice is not required if—

a) the financial assistance is part of a specific program, and

b) the program’s details have been included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and

c) the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and

d) the program applies uniformly to all persons within the council’s area or to a significant group of persons within the area.

4) Public notice is also not required if the financial assistance is part of a program of graffiti removal work.

Note - Part 4 of the Graffiti Control Act 2008 deals with graffiti removal work.

Point 1 & 2 of Sect 356 above are clear that Council may grant assistance as long as proper procedures are followed and those procedures were proposed

I thank Councils General Counsel for her time on the phone and via email talking through the issues, but our residents are suffering from this pandemic and Council should act quickly to show some extra support.

NOTICE OF MOTION (Submitted by Clr Hadchiti)

That Council:

1. Direct the CEO to immediately exhibit its intentions for the minimum statutory period required, for a one-off grant of financial assistance equivalent to 10% of the person/s annual rates payable, with a minimum grant of $150 and maximum grant of $300, to a person/persons who own property within the Liverpool Local Government Area that fits within the definition of residential use, subject to a criteria that would include but not limited to:

· The property is being used for owner occupier purposes;

· At least one owner has claimed and been granted a government COVID disaster payment 2021; and

· The property is in the name of an individual(s).

2. Direct the CEO to immediately exhibits its intentions immediately for the minimum statutory period for a one-off grant equivalent to 10% of the annual rates, to a person/s who own properties that sit within the definition of residential that currently receive the pensioner rebate;

3. Direct the CEO to present a report back to Council in the September 2021 meeting, with clear instructions on how persons who meet the criteria can apply for the grant; and

4. Direct the CEO to ensure that immediately following the report to Council, that applications can be submitted via electronic means and in person should COVID restrictions allow for in person submission.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

Direct the CEO to immediately exhibit its intentions for the minimum statutory period
required, for a one-off grant of financial assistance equivalent to 10% of the person/s
annual rates payable, with a minimum grant of $150 and maximum grant of $300, to a person/persons who own property within the Liverpool Local Government Area that fits within the definition of residential use, subject to a criteria that would include but not limited to:

· The property is being used solely for owner occupier purposes;

· All owners have claimed and been granted a government COVID disaster
payment 2021;

· The property is in the name of an individual(s); and

· Excludes owners or persons that have applied under the Hardship provisions due to COVID.

Direct the CEO to immediately exhibit its intentions for the minimum
statutory period for a one-off grant of $50, to a person/s who own properties that sit within the definition of residential that currently receive the pensioner rate rebate;

Direct the CEO to present a report back to Council in the September 2021 meeting,
with clear instructions on how persons who meet the criteria can apply for the grant;
and
Direct the CEO to ensure that immediately following the report to Council, that applications can be submitted via electronic means and in person should COVID
restrictions allow for in person submission.

Close applications for this grant at the end of October on the proviso that applications are opened no later than the 1^st of October.

Direct the CEO to update Councillors at the October briefing session on applications received to that date.

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

Vote against: Clr Shelton.

Note: Clr Balloot was not at this meeting.

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

ITEM NO: NOM 08 – Addendum Book

FILE NO: 263902.2021

SUBJECT: Protecting Liverpool’s Koalas

Background

It is with great sadness that I learned that a member of the public, driving home at 4am on Sunday 15 August 2021, stopped to save a young female Koala who was sitting on the side of Moorebank Avenue, scared, and confused.

I am personally disappointed that a Koala transit corridor along the George’s River hasn’t been established with possible feeder poles, Koala Feeder Trees and Koala River Crossing Bridges over the Georges River.

The State Government consented to the development of the Moorebank Intermodal despite local constituents reports that it was known as a Koala habitat and that there was evidence that the land was used as a Koala transit corridor.

This Koala, thankfully saved, was a female whose life is so precious in any attempts to save Australia’s national emblem from extinction. She was of an age that Koalas leave their mothers in search of a territory of their own. They do this in Spring, this lucky little Koala has been saved, others will come, she will not be the last one to make the now treacherous journey along what was once a safer Koala transit corridor. Others might not be so lucky.

Moorebank Avenue and the Moorebank Intermodal site are on the natural habitat of the free-living Koala population, who will continue to use this corridor in order to find new mates and establish new territory, particularly during Spring, and each year and their lives will be in danger by doing so.

In view of the approval of the State Significant Moorebank Intermodal Development, and its interface with a natural habitat of free-living Koalas, there is the opportunity to consider what additional measures Council could consider to further protect Koalas transitioning through the Liverpool LGA.

We all want to save the Koala from extinction.

NOTICE OF MOTION (Submitted by Clr Rhodes)

That Council prepare a report for the September 2021 Council meeting on what measures Council currently has in place and what additional measures Council could consider to further protect Koalas transitioning through the Liverpool LGA.

COUNCIL DECISION

Clr Rhodes withdrew this Notice of Motion.

RECESS

Mayor Waller called a 5 minute recess at 9.12pm.

RESUMPTION OF MEETING

Mayor Waller reopened the meeting at 9.17pm in Closed Session with all Councillors present except Clr Balloot who was not present at the meeting.

CLOSED SESSION

ITEM NO: INF 02

FILE NO: 251380.2021

SUBJECT: Impact of COVID on current contracts

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council receives and notes this report.

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

ITEM NO: PLAN 02 – Addendum Book

FILE NO: 242507.2020

SUBJECT: Post exhibition report - Revised Middleton Grange Town Centre Planning Proposal

COUNCIL DECISION

Motion: Moved: Clr Ayyad Seconded: Clr Rhodes

That Council:

1. Notes the Gateway determination and subsequent alterations for Liverpool Local Environmental Plan 2008 (Amendment 63) and the results of public exhibition and community consultation;

2. Notes that Council has not been authorised as the local plan making authority for this planning proposal and that the final decision will be made by the Minister for Planning and Public Spaces (or delegate);

3. Notes the assessment of the revised planning proposal undertaken by Hill PDA and its recommendations including reducing the scale of the proposal to approximately 98,000 sqm GFA;

4. Notes the need for a centre in Middleton Grange has been identified in the Liverpool Local Strategic Planning Statement and the Liverpool Centres and Corridors Strategy;

5. Supports the revised planning proposal lodged by the proponent, (approximately 113,000 sqm GFA), and the public benefits offered by the proponent to support the planning proposal and the development of a town centre for Middleton Grange;

Notes a draft Planning Agreement is being negotiated with the proponent (and which is required to be reported to Council for endorsement and publicly exhibited) to provide for the following public benefits:

Construction of an open space park and embellishment works to the area designated as ‘Park 3’ with a minimum area of 2,500 sqm (park will remain in the private ownership of the developer, but with a public access easement);
Dedication of ‘Park 2’ to Council. Park 2 is the land not currently owned by Council that is proposed to be rezoned RE1 – Public Recreation;
Construction of a signalised intersection at Main Street and Flynn Avenue and the intersection for the new proposed access lane and Flynn Avenue;
Construction of an upgrade to the Cowpasture Road intersection, Flynn Avenue from Qantas Boulevard to Ulm Street as a widened 4 lane road within the existing road reserve, in consultation with Council;
Construction of a road upgrade and services for Southern Cross Avenue between the western boundary of the Land to the Middleton Grange Primary School;
Construction of the culvert and drainage works approved under DA-64/2007/C;

g. A monetary contribution of $8,000,000.

Forwards the revised planning proposal to the Department of Planning, Industry and Environment with a recommendation that the revised planning proposal proceeds in its current form, subject to completion of the following:

The execution of a Planning Agreement that establishes a secure mechanism to deliver the proposed public open space, road upgrades and monetary contribution;
The finalisation of an amendment to ‘Part 2.5 – Middleton Grange’ of the Liverpool Development Control Plan 2008;
An amendment to the proposed Land Reservation Acquisition map in the LEP to rectify the inconsistency with the Liverpool Contributions Plan 2008.

Vote for: Clr Ayyad, Clr Hadchiti, Deputy Mayor Hadid, Clr Harle and Clr Rhodes.

Vote against: Mayor Waller, Clr Hagarty, Clr Kaliyanda, Clr Karnib and Clr Shelton.

The motion (moved by Clr Ayyad) was declared LOST on the Mayor’s casting vote.

The following motion was then moved:

Motion: Moved: Clr Hadchiti Seconded: Clr Harle

That Council:

Notes the Gateway determination and subsequent alterations for Liverpool Local Environmental Plan 2008 (Amendment 63) and the results of public exhibition and community consultation;

3. Notes the assessment of the revised planning proposal undertaken by Hill PDA and its recommendations;

4. Notes the draft Planning Agreement and negotiations undertaken to date with the proponent;

5. Endorses the planning proposal, subject to the recommended changes contained within the Hill PDA assessment, and forwards it to the Department of Planning, Industry and Environment with a recommendation that the planning proposal proceeds, with a request that finalisation only occurs once the following are completed:

a. The execution of a Planning Agreement that establishes a secure mechanism to deliver the proposed supporting public open space and road upgrades as follows:

i. Construction of an open space park and embellishment works to the area designated as ‘Park 3’ with a minimum area of 2,500 sqm (park will remain in the private ownership of the developer, but with a public access easement);

ii. Dedication of ‘Park 2’ to Council. Park 2 is the land not currently owned by Council that is proposed to be rezoned RE1 – Public Recreation;

iii. Construction of a signalised intersection at Main Street and Flynn Avenue and the intersection for the new proposed access lane and Flynn Avenue;

iv. Construction of an upgrade to the Cowpasture Road intersection, Flynn Avenue from Qantas Boulevard to Ulm Street as a widened 4 lane road within the existing road reserve, in consultation with Council;

v. Construction of a road upgrade and services for Southern Cross Avenue between the western boundary of the Land to the Middleton Grange Primary School;

vi. Construction of the culvert and drainage works approved under the Modification DA-64/2007/C;

vii. A monetary contribution of $8,000,000;

The finalisation of an amendment to ‘Part 2.5 – Middleton Grange’ of the Liverpool Development Control Plan 2008; and

An amendment to the proposed land acquisition map is made to rectify the inconsistency with the Liverpool Contributions Plan 2008.

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

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

Vote against: Clr Ayyad and Clr Rhodes.

Note: Clr Balloot was not at the meeting.

Confidential Items

ITEM NO: CONF 01

FILE NO: 241493.2021

SUBJECT: Question with Notice - Clr Rhodes - Liverpool Animal Shelter

Item CONF 01 is confidential pursuant to the provisions of s10A(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Responses to questions were provided to Councillors in the Confidential book

ITEM NO: CONF 07

FILE NO: 262014.2021

SUBJECT: Legal advice on the public release of documents relating to Intermodal

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Karnib

That Council receive and note to the report.

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

ITEM NO: CONF 08

FILE NO: 256724.2021

SUBJECT: Tender for Supply of Electricity - Renewable Energy Percentage Election

COUNCIL DECISION

Motion: Moved: Clr Ayyad Seconded: Clr Kaliyanda

That Council:

Advises SSROC that Liverpool Council supports a Renewable Energy Target of 70% in both the Large and Small Market. This will result in an increase of Council’s renewable energy from approximately 20% to 70% and is anticipated to have an immaterial financial impact to Council’s Long Term Financial Plan;

2. Delegates the Chief Executive Officer to enter into a Contract on behalf of Council with the preferred tenderer/s for the purchase of electricity;

3. 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; and

4. Provides a report back to Council as to the outcome of the tender, including the tender particulars, once completed.

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

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

Vote for: Mayor Waller, Clr Ayyad, Deputy Mayor Hadid, Clr Hagarty, Clr Harle, Clr Kaliyanda, Clr Karnib and Clr Rhodes.

Vote against: Clr Hadchiti.

Note: Clr Shelton had left the meeting during this item and Clr Balloot was not present at this meeting.

Clr Shelton returned to the meeting at 10.28pm.

Councillors then finalised and voted on PLAN 02 - Post exhibition report - Revised Middleton Grange Town Centre Planning Proposal. (The motion is shown on the previous pages).

OPEN SESSION:

Council moved back into Open Session at 10.45pm.

Mayor Waller then read out the resolutions that were considered in Closed Session for INF 02, PLAN 02, CONF 04, CONF 05, CONF 06, CONF 07 and CONF 08 (as shown on the previous pages).

THE MEETING CLOSED AT 10.52pm

Name: Wendy Waller

Title: Mayor

Date: 29 September 2021

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 25 August 2021. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Ordinary Meeting

29 September 2021

Planning & Compliance Report

PLAN 01

Draft Amendment 3 to Liverpool Contributions Plan 2008 - Edmondson Park

Strategic Direction	Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments
File Ref	278808.2021
Report By	Patricia Sim - Acting Coordinator Contributions Planning
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

Council is undertaking a comprehensive review of the Liverpool Contributions Plan 2008 – Edmondson Park (the Plan) to prepare the Plan for assessment by the Independent Pricing and Regulatory Tribunal (IPART). This includes reviewing the costs of infrastructure delivery in Edmondson Park, and the administrative sections that govern the Plan’s implementation.

Although the review of infrastructure costs requires further analysis and consideration before being reporting to Council, a housekeeping amendment is proposed to the Plan to ensure consistency in the Plan’s administration.

Clause 3.7.6 of the Plan sets out conditions for granting a credit for existing development. This clause is applicable to some of Council’s other Contributions Plans but is not relevant to the Edmondson Park Contributions Plan, as this Plan collects contributions on a per hectare basis (of new development), not on a per allotment basis.

It is proposed to reword this clause to make it clear that credits for existing development do not apply under this Plan. This is consistent with how the plan has been administered since adoption.

RECOMMENDATION

That Council:

1. Endorses Draft Amendment 3 to Liverpool Contributions Plan 2008 – Edmondson Park for public exhibition in accordance with Clause 28 of the Environmental Planning and Assessment Regulation 2000; and

2. Delegates authority to the CEO to adopt Amendment 3 to Liverpool Contributions Plan 2008 – Edmondson Park following public exhibition.

REPORT

The Liverpool Contributions Plan 2008 – Edmondson Park was prepared to collect contributions on development that generates a demand for local infrastructure in Edmondson Park under Section 7.11 of the Environmental Planning and Assessment Act 1979.

Council has been comprehensively reviewing this Plan to prepare it for IPART assessment. This will allow the Plan to levy contributions above the cap, in line with the January 2019 Practice Note. The comprehensive review entails:

· Updating planning assumptions that may have changed since the Plan was adopted;

· Ensuring the costs of land acquisition and infrastructure works costs reflect current values;

· Reflecting updated contribution rates; and

· Updating the administrative components of the Plan that guide its administration.

A consultant has been engaged by Council to assist with assessing current land costs, revising works costs in line with updated designs, and modelling the resulting contribution rates. Parallel to this, Council has been reviewing the administrative components of the Plan and has identified a housekeeping amendment is needed to ensure consistency in the administration of the Plan.

Clause 3.7.6 of the Plan sets out conditions for granting a credit for existing development. This clause is applicable to some of Council’s other Contributions Plans but is not relevant to the Edmondson Park Contributions Plan, as this Plan collects contributions on a per hectare (of new development) basis, not on a per allotment basis.

It is proposed to reword this clause to make it clear that credits for existing development do not apply under this contributions plan. This is consistent with how the plan has been administered since adoption.

Next steps

The amendment will be placed on exhibition for 28 days in accordance with the requirements of Clause 28 of the 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	Manage the environmental health of waterways.
Social	Deliver high quality services for children and their families.
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 Environmental Planning and Assessment (Local Contributions) Direction 2012 Environmental Planning and Assessment (Local Contributions) Direction 2017 Practice Note (July 2005) – Development contributions as a method of funding public infrastructure Practice Note (January 2019) – Local Infrastructure Contributions
Risk	The risk is deemed to be Low. The update of administrative provisions in the Edmondson Park contributions plan provides consistency in the implementation of the contributions plan and ensures appropriate contributions are collected.

ATTACHMENTS

1. Liverpool Contributions Plan 2008 - Edmondson Park - Draft Amendment 3 (Under separate cover)

Ordinary Meeting

29 September 2021

Planning & Compliance Report

PLAN 02

Developer contributions shortfall and gap funding

Strategic Direction	Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments
File Ref	280804.2021
Report By	Patricia Sim - Acting Coordinator Contributions Planning
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

Council resolved at its meeting of 16 December 2020 to “receive a report from Council staff on the issue of the contributions gap funding, after referring it to the Audit, Risk and Improvement Committee (ARIC), Strategic Panel and the Contributions Steering Committee for Councillor advice”.

This report outlines the sources of developer contributions shortfall, the value of the shortfall resulting from the Government cap on contributions (as of 31 June 2021) (which is the major cause of contributions shortfall), and strategies for managing the shortfall, including the process for lifting the cap on contributions, recovering funds lost to the cap and other mechanisms for minimising the shortfall.

The strategies for managing the shortfall have been developed with consideration of the recommendations from Council’s Internal Audit Report, the Auditor General’s Performance Audit and the Department of Planning, Industry and Environment’s (DPIE) reforms to the infrastructure contributions system resulting from a review by the Productivity Commission.

This Report has been prepared following consideration by the Developer Contributions Working Group (previously the Contributions Steering Committee), Strategic Panel and the Audit, Risk and Improvement Committee, as required by Council’s resolution of 16 December 2020.

RECOMMENDATION

That Council receive and note this report.

REPORT

Background

Council administers six Contributions Plans that apply across the LGA. The total value of infrastructure included in these Plans is approximately $1.4 billion and $450 million has been delivered in works (as of 31 June 2021). Council currently holds $238 million in developer contributions and has tracked a shortfall of $93.7m resulting from the cap on development contributions introduced by the NSW Government in 2012.

Table 1 Liverpool City Council's 6 Contributions Plans and Draft Contributions Plan

Contributions Plan	Type	Development pattern
Liverpool Contributions Plan 2008 – Edmondson Park	7.11	Greenfield
Liverpool Contributions Plan 2014 – East Leppington	7.11	Greenfield
Liverpool Contributions Plan 2014 – Austral and Leppington North	7.11	Greenfield
Liverpool Contributions Plan 2018 – Liverpool City Centre	7.12	Infill
Liverpool Contributions Plan 2018 – Established Areas	7.11 & 7.12	Infill
Liverpool Contributions Plan 2009	7.11	Various
(Draft) Aerotropolis Contributions Plan	7.12	Greenfield

Funding Shortfall

One of the key risks identified through Council’s internal audit on contributions in 2018 was the shortfall of funding. This shortfall was based solely on the impact of the $30,000 cap on contributions imposed by the NSW Government in 2012. It is noted that the impact of the cap to date is a shortfall of approximately $93.7m. One of the key actions for Council is to review and update the relevant contributions plans, and have the Plans reviewed by IPART to enable Council to levy the full rate of contributions. This will ensure that the shortfall related to the cap does not continue to grow.

To date, the key issues and strategies for managing the shortfall have been discussed at the Developer Contributions Working Group, the Strategic Panel and at the Audit, Risk and Improvement Committee.

There are other factors that will continue to impact Council’s management of contributions, especially the liability for infrastructure not identified on the NSW Government’s “essential works list”. The current approach to addressing this risk is to explore alternative funding options through the project development phase.

Sources of shortfall

There are four sources of developer contributions shortfall:

1. Cap on contributions

The cap imposed by the NSW Government in 2012 is a significant source of contributions shortfall. In greenfield areas, levies have been capped at a maximum of $30,000 per dwelling. If not for the cap, the contributions plan for Austral / Leppington North, as an example, would levy up to $56,000 per dwelling (up to a $26,000 gap).

The January 2019 Practice Note issued by DPIE allows contributions to be levied above this cap, but only if the relevant Plan has been reviewed by IPART and Council has implemented any advice given by the Minister of Planning.

2. Essential Works List (EWL)

The January 2019 Practice Note provides IPART criteria for reviewing a contributions plan. The Essential Works List excludes any infrastructure DPIE deems “non-essential”, such as community facilities and the embellishment of open space. Effectively, once IPART reviews a contributions plan, the Plan can no longer fund these non-essential items.

3. Increased delivery costs

This shortfall occurs as a result of the rising cost of land or works and is usually mitigated by indexing contributions rates. However, the cost of some projects (e.g., land in high growth areas) may sometimes increase beyond indexation rates and Council needs to keep the Plans under regular review.

4. Unexpected costs

Unexpected costs like variations in the quantity of construction materials or the range of property acquisition values are usually mitigated using the contingency costs included in the contribution plans. However, there are some circumstances where contingency costs are not sufficient, including the costs for unexpected compulsory land acquisition, or for remediation of land found to be contaminated.

Managing shortfall

Council’s priorities are:

· Lifting the cap on developer contributions collected;

· Recovering the shortfall resulting from the cap; and

· Other mechanisms for minimising shortfall

Table 2 Mechanisms for managing the 4 sources of shortfall

	Cap	Non-essential infrastructure	Increased delivery costs	Unexpected costs
Plan Review			✔
IPART assessment	✔
LIGS (or similar)	✔
Advocacy	✔	✔	✔
VPAs		✔	✔	✔
WIKAs			✔
Grants	✔	✔		✔
Low-interest loans	✔		✔
Special Rate Variation (SRV)		✔	✔	✔
General revenue		✔	✔	✔

Lifting the cap

The cap is the most significant cause of shortfall in contributions. Table 3 identifies the Plans subject to the cap and the consequent shortfall for each.

Table 3 Developer contributions shortfall as a result of the cap

Contributions Plan subject to the cap	Shortfall
Liverpool Contributions Plan 2008 – Edmondson Park	$ 14.3 million
Liverpool Contributions Plan 2014 – East Leppington	$ 15.8 million
Liverpool Contributions Plan 2014 – Austral and Leppington North	$ 63.6 million

In order for Council to levy contributions above the cap, a contributions plan must be reviewed, exhibited and referred to IPART for review.

The IPART review process is illustrated in Figure 1 below. All of the Plans affected by the cap are at various stages of the review process.

Figure 1 The IPART review process and where Council's Contributions Plans are in the process

Application, timeline, Teams

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Recovering the shortfall lost to the cap

Once a Plan has been reviewed by IPART, and adopted by Council, contributions are able to be levied above the cap. Council will then seek to recover funds foregone due to the cap that previously applied.

The Local Infrastructure Growth Scheme (LIGS) was enacted by the NSW Government to fund the shortfall between the maximum contribution councils can collect due to the cap and the “reasonable costs” of delivering required local infrastructure. This scheme has now ceased. A replacement scheme has not been established by the NSW Government. Council is advocating for a similar scheme to LIGS to be established to provide gap funding to Council.

Other potential mechanisms for minimising shortfall

The following mechanisms are proposed to minimise any shortfall:

1. Advocacy to State Government

Council has been active in advocacy to the NSW Government, including submissions on DPIE’s contributions reforms and for a replacement for the Local Infrastructure Growth Scheme (LIGS). Parallel to these reforms, IPART is currently reviewing the essential works list and cost benchmarks for local infrastructure. Council is advocating for the expansion of the essential works list and is seeking assurance that benchmark costs are appropriate and reflect the current and predicted costs of infrastructure in Liverpool.

2. Voluntary Planning Agreements (VPAs) and Works in Kind Agreements (WIKAs)

VPAs and WIKAs are already a regular part of Council’s delivery of infrastructure. Although WIKAs are less flexible, in that they can only be used to deliver items included in a contributions plan, they are a good way of managing delivery costs of infrastructure identified in a contributions plan.

3. Securing grant funding for infrastructure

Council has appointed a grants officer to assist in secure grant funding via programs such as Greening our City and the Accelerated Infrastructure Fund.

4. Low-interest loans

There is potential for funding through the low-interest loans being offered by Treasury (TCorp).

5. Special rate variations and using general revenue to fund infrastructure

This is not an ideal approach but can be used to provide infrastructure and services to the community.

Contributions Reforms

Two complementary reviews have been undertaken by the Department of Planning, Industry and Environment (DPIE) and the Productivity Commission.

DPIE review

Commencing in April 2020, DPIE made the following system changes to respond to a range of recent planning system and governance reviews, including the Kaldas Review:

· Planning agreements practice note;

· Section 7.12 fixed development consent levies practice note; and

· Environmental Planning and Assessment (EP&A) Regulation amendment

The last two system changes below have not yet been released and are expected to be considered in the context of the Productivity Commission review:

· Proposed reforms for section 7.11 contributions aimed at improving how this mechanism works to deliver the local infrastructure communities need; and

· Draft Special Infrastructure Contributions (SIC) Guidelines to improve transparency around the purpose and function of SICs.

Productivity Commission Review

Released on 3 December 2020, the Productivity Commissioner’s review made 29 recommendations to “deliver an efficient system, that is easy to understand, is transparent and consistent in its application, and provides greater certainty to market participants”.

The Minister for Planning and Public Spaces adopted all the Productivity Commissioner’s recommendations, and the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 is part of the Governments contributions reforms.

Many of the recommendations from the Productivity Commission review lack sufficient detail to be able to identify the full range of impacts on Council and its management of contributions.

DPIE has commenced actioning these recommendations and have identified the following reform road map, outlined in Figure 2 below.

Graphical user interface, text, application

Description automatically generated

Figure 2: Reform roadmap (source: DPIE)

Infrastructure Bill

The Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 is in direct response to the Productivity Commissioners review. It seeks to amend the Environmental Planning and Assessment Act, 1979 (EP&A Act) as well as the Environmental Planning and Assessment Regulation, 2000 (Regulation).

The bill was introduced to the NSW Parliament in its First Reading on 22 June 2021. The Bill was referred to an Upper House Inquiry and Council made a submission to the Inquiry outlining Council’s concerns and the impact and uncertainty on Council’s ability to provide local infrastructure to support new development.

Two major changes effected by the Bill are:

· The introduction of land value contributions: This is a charge on land within an identified “land value contribution area” based on the amount of land required for public infrastructure, and the amount of developable land in the precinct; and

· Major changes to Section 7.12 contributions: The amendment will remove the percentage charge on cost of development. It will instead follow maximum $ per dwelling / $ per sqm of additional GFA rates as set out in the Productivity Commission’s review.

Other effects brought about by the amendments include:

· The replacement of State Infrastructure Contributions (SIC) by Regional Infrastructure Contributions (RIC);

· Requirements for Planning Agreements to undergo public exhibition rather than notification (Note: Council already undertakes public exhibition for Planning Agreements);

· The review of Local Strategic Planning Statements (LSPSs) every 5 years instead of every 7 years;

· Provisions for the recovery of charges, fees, contributions, and money by Council; and

· Expanding the scope for Regulations and Ministerial Directions in general

IPART Reviews

The Independent Pricing and Regulatory Tribunal have been tasked with investigating:

· Rate pegging

· Baseline cost of works

· Essential works list

These items formed part of the Productivity Commissioners recommendations and have been delegated to IPART from DPIE.

Based on the material to be released, Council will be advocating for its preferred position in relation to each of the above elements, including minimising the use of general revenue to fund local infrastructure that supports growth and an expansion of the essential works list to include facilities that a community would typically expect. These have the potential to have a significant financial impact on Council, particularly the need to use rates revenue to fund local infrastructure.

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 and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision-making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services.
Legislative	Environmental Planning and Assessment Act and Regulation
Risk	The risk is deemed to be High, as the shortfall in developer contributions caused by the cap, and other factors, may result in the inadequate provision of infrastructure for the community. The risk is considered outside Council’s risk appetite. Council is managing this risk as outlined in this report.

ATTACHMENTS

Nil

Ordinary Meeting

29 September 2021

Planning & Compliance Report

PLAN 03

Street Naming Requests - Casula and Middleton Grange

Strategic Direction	Generating Opportunity Advocate for, and develop, transport networks to create an accessible city
File Ref	284237.2021
Report By	Ian Stendara - Executive Planner
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

This report seeks a Council resolution on three street naming requests listed below.

1. Ginkgo Close, Casula – Cul-de-sac off Fir Close (44-46 Maple Road);

2. Citrus Close, Casula – Cul-de-sac off Clover Avenue (30 Box Road); and

3. Defence Street, Middleton Grange – Between McIver Avenue and Southern Cross Avenue to the west of Thomas Hassall Avenue (195 Southern Cross Ave, and 220 McIver Ave).

The proposed names have been assessed using Council’s Naming Convention Policy and have been granted pre-approval by the NSW Geographical Names Board (GNB).

RECOMMENDATION

That Council:

1. Supports the naming of Ginkgo Close, Casula, Citrus Close, Casula, and Defence Street, Middleton Grange;

2. Forwards the names to the Geographical Names Board, seeking formal approval;

3. Publicly exhibit the names in accordance with Council’s Naming Convention Policy, for a period of 28 days, following formal approval from the GNB; and

4. Authorises the Chief Executive Officer to undertake the process of gazettal, if there are no submissions received during public exhibition.

REPORT

Ginkgo Close, Casula

A street naming proposal was received in July 2021, to name a recently constructed cul-de-sac, located off Fir Close, Casula as shown in Figure 1 below.

The proposed street name has been assessed using Council’s Naming Convention Policy and the Geographical Names Board has granted pre-approval.

Ginkgo, commonly known as “ginkgo” or “gingko”, also known as the maidenhair tree, is a species of tree native to China.

Ginkgo Close is consistent with the Casula street naming theme (tree species, nuts, and herbs) and has been checked for duplication using the Geographical Names Board’s Online Road Naming System.

Map

Description automatically generated

Figure 1: Extent of street to be named Ginkgo Close

Citrus Close, Casula

A street naming proposal was received in September 2020, to name a recently constructed cul-de-sac, located off Clover Avenue, Casula as shown in Figure 2 below.

The proposed street name has been assessed using Council’s Naming Convention Policy and the Geographical Names Board has granted pre-approval.

Citrus is a genus of flowering trees and shrubs in the rue family, Rutaceae. Plants in the genus produce citrus fruits, including important crops such as oranges, lemons, grapefruits, and limes.

Citrus Close is consistent with the Casula street naming theme (tree species, nuts, and herbs) and has been checked for duplication using the Geographical Names Board’s Online Road Naming System.

A picture containing text, ride, farm machine

Description automatically generated

Figure 2 Extent of street to be named Citrus Close

Defence Street, Middleton Grange

A street naming proposal was received in July 2021, to name an unnamed road located between McIver Avenue and Southern Cross Ave, Middleton Grange as shown in Figure 3 below.

The proposed street name has been assessed using Council’s Naming Convention Policy and the Geographical Names Board has granted pre-approval.

Defence was chosen as part of Middleton Grange’s aviation and World War 2 aerodrome theme.

Defence Street is consistent with the Middleton Grange street naming theme and has been checked for duplication using the geographical names board’s online road naming system.

A picture containing outdoor

Description automatically generated

Figure 3 Extent of street to be named Defence Street

Next Steps

If supported by Council, the above naming requests will be placed on public exhibition for 28 days on Council’s website. If no objections are received, the naming requests will be forwarded to the Geographical Names Board for formal approval and gazettal. Council officers will consider all submissions during the public notification period. The following three potential scenarios are likely to arise:

· No objections received - The naming requests will be forwarded to the Geographical Names Board for formal approval and gazettal to the NSW Parliamentary Counsel’s Office (PCO) under the delegation of the Chief Executive Officer (or delegate).

Relevant stakeholders including the following will be notified to update their mapping systems - Australia Post, NSW Ambulance, Fire and Rescue NSW, NSW Rural Fire Service, NSW State Emergency Service, NSW Volunteer Rescue Association, Transport for NSW and NSW Police Force.

· Objections from the relevant agencies - Council will not proceed with the naming requests. The applicants will be notified of the outcome. A report to Council will be prepared for the next available meeting outlining the reason for rejection.

· Submissions received from the community - If there is a strong community objection, or reason to reconsider the proposed name, a report will be prepared for the next available Council meeting recommending withdrawal of the naming request.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility.
Legislative	Roads Act 1993.
Risk	The risk is Low. The risk is within Council’s risk appetite.

ATTACHMENTS

Nil

Ordinary Meeting

29 September 2021

Planning & Compliance Report

PLAN 04

Draft amendments to existing planning agreement in support of Draft Amendment 91 to Liverpool Local Envrionmental Plan - The Grove, Warwick Farm

Strategic Direction	Generating Opportunity Meet the challenges of Liverpool’s growing population
File Ref	288772.2021
Report By	Kweku Aikins - Senior Strategic Planner
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

At its ordinary meeting of 28 April 2021, Council resolved to endorse a planning proposal request to include ‘business premises’ as an additional permitted use at 10 Orange Grove Road, Warwick Farm (Lot 101 DP 1043160) and increase the current cap for ‘retail premises’ from 19,000sqm to 21,000sqm at 5 Viscount Place, Warwick Farm (Lot 23 DP 1190437). Council also resolved to endorse in principle the public benefit offer dated 13 April 2021.

In support of the planning proposal, the proponent offer to amend the existing planning agreement so that it also accounts for ‘business premises’ and the proposed cap on retail uses. An amendment to the existing planning agreement has been drafted and it is recommended that Council endorses the proposed amendments for public exhibition.

RECOMMENDATION

That Council:

1. Endorse the draft amendments to the existing planning agreement and direct the CEO to publicly exhibit the amended planning agreement and accompanying explanatory note for 28 days.

2. Delegate authority to the CEO, subject to consideration of any changes following public exhibition, to execute the planning agreement in the form that is publicly exhibited or with minor modifications.

3. Notes that if changes, other than minor changes, arise from the public exhibition process these will be reported back to Council for endorsement.

REPORT

Background

In April 2015, Council received a planning proposal request for 10 Orange Grove Road, Warwick Farm (Lot 101 DP 1043160) which sought to rezone the site from B5 Business Development to B2 Local Centre. In September 2015, the planning proposal was amended to enable ‘shops’ (limited to 21,000sqm GFA) as an additional permitted use on the site instead. In accordance with the Gateway determination (issued 18 November 2016), a draft planning agreement was prepared which included provisions for:

· A cash payment to Council equivalent to 3% of the CIV for proposed development, with the development excluded from any further contributions under the Contributions Plan.

· Payment to Council to cover expenses incurred in the acquisition and dedication of Homepride Avenue as a public road.

· Delivery of road works to mitigate the traffic impacts of the proposal including:

o Rehabilitation and upgrade of the road surface on Homepride Avenue to allow for bus services;

o Construction of pedestrian access along Homepride Avenue;

o Upgrades to the Orange Grove Road/Viscount Place intersection, including a slip lane on the northern approach and dual right turn lanes on the southern approach; and

o Upgrades to the Hume Highway/Homepride Avenue intersection, extending the right run bay from Hume Highway into Homepride Avenue.

The draft planning agreement was endorsed by Council for public exhibition and subsequent execution by the CEO at its meeting of 28 February 2018. The planning agreement was executed on 25 May 2018. Note: the existing agreement does not apply to 5 Viscount Place, Warwick Farm.

In September 2020, Council received a planning proposal request for 10 Orange Grove Road, Warwick Farm (Lot 101 DP 1043160) and 5 Viscount Place, Warwick Farm (Lot 23 DP 1190437). The planning proposal was subsequently revised in April 2021 (Attachment 1) seeking the following changes to the Liverpool Local Environmental Plan (LLEP) 2008:

· Schedule 1 Clause 24 (10 Orange Grove Road, Warwick Farm)

o Add ‘business premises’ as a permissible use

· Schedule 1 Clause 21 (5 Viscount Place, Warwick Farm)

o Update legal description of the site; and

o Increase the 19,000sqm ‘retail premises’ GFA cap to 21,000sqm.

At its meeting of 28 April 2021, Council considered the planning proposal request and resolved as follows:

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

2. Endorses in principle the amended planning proposal request as follows:

· Include business premises as an additional permitted use under Schedule 1, Clause 24 as it applies to the ‘Homemaker Centre’ site at 10 Orange Grove Road, Warwick Farm (Lot 101 DP 1043160).

· Increase the current cap on retail premises under Schedule 1, Clause 21 from 19,000sqm to 21,000sqm and change the legal description so that the subject clause would apply to the ‘Fashion Spree’ site at 5 Viscount Place, Warwick Farm (Lot 23 DP 1190437).

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

4. Endorses in principle the public benefit offer dated 13 April 2021;

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;

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

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

A Gateway determination was issued on 1 July 2021.

In support of the planning proposal, the proponent provided a letter of offer (dated 13 April 2021) to amend the existing planning agreement applying to the site (Attachment 2). The letter of offer seeks to amend the existing planning agreement as follows:

1. Identify 5 Viscount Place, Warwick Farm (Lot 23 DP 1190437) as also being subject to the agreement

2. Include a definition for ‘business premises’

3. Update all relevant clauses and definitions to ensure that a 3% monetary contribution also applies to the additional 2,000sqm of ‘retail premises’ that is proposed at 5 Viscount Place (Lot 23 DP 1190437).

The explanatory note has been amended to be consistent with the proposed changes (Attachment 3). All other items to be delivered under the existing planning agreement remain unchanged.

Planning Agreement and Legal Advice

Council’s Legal team have reviewed the proposed changes to the planning agreement to confirm that the planning agreement has been drafted in accordance with Section 7.4 of the Environmental Planning and Assessment Act 1979 and Council’s Planning Agreement Policy. It is advised that the draft planning agreement can be entered into subject to endorsement by Council and following public exhibition.

Financial Implication

The proposed changes to the existing planning agreement will not incur any additional cost to Council.

Next Steps

Subject to Council’s endorsement, the draft planning agreement (Attachment 4) will be exhibited for public comment in accordance with Section 25D of the Environmental Planning and Assessment Regulation 2000, for 28 days.

Conclusion

The proposed amendments to the planning agreement will assist in addressing the additional demands created by the planning proposal. It is recommended that the draft planning agreement be placed on exhibition for public consideration and comment.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Environmental Planning and Assessment Act 1979
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Planning Proposal - LLEP Amendment 91 (Under separate cover)

2. VPA Letter of Offer (Under separate cover)

3. Explantory Note (Under separate cover)

4. Draft Planning Agreement (Under separate cover)

5. ASIC Extract - Gazcorp Pty Ltd. (Under separate cover) - Confidential

Ordinary Meeting

29 September 2021

Planning & Compliance Report

PLAN 05

Liverpool Animal Shelter

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	280219.2021
Report By	Nada Mardini - Manager Community Standards
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

Council contacted Blacktown City Council and Campbelltown City Council to understand their current rehoming operations. Blacktown City Council had a virtual adoption process serving the Blacktown LGA only, while Campbelltown City Council permitted a face-to-face meet and greet adoption process.

On 31 August 2021, Council was advised of updated rules that allow Council to recommence adoptions at the Liverpool Animal Shelter, provided COVID safe practices are complied with. The updated rules state that “if you are adopting an animal, you should collect it from your local government areas or within 5km of your home (unless it is not reasonably available locally)” – see https://www.nsw.gov.au/covid-19/rules/changes.

Following this advice, Rossmore Vet, where the Liverpool Animal Shelter is currently operating from, permitted the recommencement of rehoming/adoptions by Council. Adoptions recommenced on 8 September 2021, subject to compliance with COVID safe Animal Adoption Procedures to ensure the health and wellbeing of our staff.

RECOMMENDATION

That Council receive and note this report.

REPORT

At its meeting on 25 August 2021, Council resolved that “Council prepares a report to the September 2021 Council meeting on the online operations of covid safe adoption services that are currently operating in other council areas (e.g., Campbelltown and Blacktown City Councils). Council contacted Campbelltown City Council and Blacktown City Council to understand their current rehoming operations during COVID.

Blacktown Animal Holding Facility

· Adoptions ceased for a month then reopened at the beginning of August.

· All virtual - no physical meet and greets.

· Animals are advertised on Facebook with videos.

· Potential adoptees can contact staff who will conduct a phone interview to ascertain suitability.

· Person must live in Blacktown LGA to be considered for adoption.

· If the adoptee would like to proceed, adoption forms are emailed to them and must be completed and returned via email. Payment is taken over the phone and a time is organised for the person to collect the animal from the facility.

· When the person arrives, they call the shelter and staff will bring the animal out to their car.

Campbelltown Animal Care Facility

· Animals for adoption are advertised on the website and expression of interest (EOI) form can be completed if interested in an animal advertised.

· Staff call the best suited adoptee to book in a meet and greet at their facility.

· EOI’s from hotspot areas (areas of concern) will not be considered (excluding Campbelltown).

· Family attends shelter and meet and greet goes ahead in person with social distancing and face masks.

· One adopter goes into office and completes adoption paperwork. Sends a copy of their license via email.

· Adoption appointments are spaced out 1.5hrs to allow for meet and greet and wiping down of surfaces.

On 31 August 2021, Council was advised of updated rules that allow Council to recommence adoptions at the Liverpool Animal Shelter, provided COVID safe practices are complied with. The updated rules state that “if you are adopting an animal, you should collect it from your local government areas or within 5km of your home (unless it is not reasonably available locally)” - see https://www.nsw.gov.au/covid-19/rules/changes.

The process is:

· People seeking to adopt an animal from the shelter are required to contact the shelter by phone to express an interest in available animals. There will be no walk ins allowed;

· The Animal Rehoming Officer will conduct a phone interview to assess the suitability of the home for the specific animal and relevant forms completed electronically and emailed to the shelter;

· A meet and greet appointment will be arranged at the shelter at a specific time;

· Animals will be brought to the meet and greet yard and staff will remain outside the yard while the adoptee interacts with the animal;

· If adoptee decides to proceed with adoption, then payment will be contactless and relevant paperwork emailed to the adoptee.

Since rehoming temporarily ceased on 14 July 2021, Liverpool Animal Shelter has rehomed nine dogs and one cat to rescue organisations. In the same period, Council staff returned 22 dogs directly to their owners as they were microchipped and able to be identified. There are currently three dogs at the shelter, with only one available for adoption, as the other two have not completed their holding period. Council’s Rehoming Officer will work towards finding a home for them if they are not claimed.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities.
Civic Leadership	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused.
Legislative	Public Health Orders Companion Animals Act 1998.
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

29 September 2021

Community & Culture Report

COM 01

Endorsement of new membership for Community Safety and Crime Prevention Advisory Committee 2020-2022

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	271460.2021
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Acting Director Community & Culture

Executive Summary

The Liverpool Community Safety and Crime Prevention Advisory Committee provides advice and recommendations to Council on matters relating to community safety and crime prevention including the improvement of perceptions of safety, drugs and alcohol and injury in the Liverpool Local Government Area (LGA).

In August 2021, an Expression of Interest (EOI) process was carried out seeking new membership on the Committee. This was in response to low attendance at meetings by the existing Committee members and inconsistency in representation. The key contributors to this were largely due to changes in member’s roles and responsibilities within their respective organisations and the ongoing COVID-19 crisis, which has significantly impacted organisational resources and capacity to participate.

This report seeks Council’s endorsement to appoint new members to the Liverpool Community Safety and Crime Prevention Advisory Committee for the 2020 – 2022 term.

RECOMMENDATION

That Council endorses new membership applications from the agencies listed below as members of the Liverpool Community Safety and Crime Prevention Advisory Committee for the period 2020 – 2022 to include:

· Islamic Women’s Association Australia

· Wesley Mission

· Legal Aid NSW

· Fiji Diaspora Women’s Alliance

REPORT

The Liverpool Community Safety and Crime Prevention Advisory Committee provides advice and recommendations to Council on matters relating to community safety and crime prevention including improvement of perceptions of safety, drugs and alcohol and injury in the Liverpool Local Government Area (LGA).

The Liverpool Community Safety and Crime Prevention Advisory Committee aims to achieve the following outcomes:

· Improve perception of safety and reduce crime in the Liverpool LGA;

· Improve community and business confidence;

· Increase partnerships between Council, government and non-government agencies including the NSW Police Force, emergency service departments, NSW Health, NSW Department of Family and Community Services, local businesses and the broader community;

· Facilitate community input into Council decision-making processes in relation to local crime and safety issues and concerns; and

· Deliver projects and programs in accordance with the Pan Pacific Safe Communities Network objectives to maintain Liverpool City’s accreditation as a Pan Pacific Safe Community.

The existing membership of the Liverpool Community Safety and Crime Prevention Advisory Committee consists of relevant community and government organisations who work to improve perceptions of safety and reduce crime. Current members include:

· Liverpool City Police Area Command;

· South West Sydney Local Health District;

· Department of Communities and Justice;

· Scott Street Clinic;

· Hume Community Housing;

· Liverpool Neighbourhood Connections;

· Lifeline;

· DAMEC; and

· MTC Australia.

In August 2021, an Expression of Interest (EOI) process seeking new members was carried out in response to challenges regarding consistent and regular participation in Committee meetings of existing members. This was largely due to changes in member’s roles and responsibilities within their own organisations and the ongoing COVID-19 crisis, which has significantly impacted resources and capacity to participate. Some of the members could not attend meetings due to their changing priorities, resulting in the Committee meeting not reaching a quorum.

Applications from the following agencies seeking membership to the Liverpool Community Safety and Crime Prevention Advisory Committee for the 2020 – 2022 term were received:

· Islamic Women’s Association Australia

· Wesley Mission

· Legal Aid NSW

· Fiji Diaspora Women’s Alliance

The applications for membership include organisations who provide broader representation and diversity, reflective of the wider Liverpool community and services that could benefit the work of the Committee.

As a signatory of the Greater Sydney Women’s Safety Charter and member of the SWS Domestic Violence Alliance, Council has committed to supporting initiatives which enhance the safety of women in Liverpool. The new proposed member organisations specialise in working with refugee and migrant women and will enhance the Committee’s work in the domestic and family violence space, which has been identified as an ongoing concern in refugee and migrant communities in Liverpool.

Should Council endorse the recommendation, the new Committee members will be invited to attend the next Community Safety and Crime Prevention Advisory Committee meeting to be held on Tuesday 16 November 2021. This meeting will include the opportunity for new members to be inducted into the Committee to familiarise themselves with the Liverpool Community Safety and Crime Prevention Advisory Committee Charter and the roles and responsibilities of members.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities. Support policies and plans that prevent crime.
Civic Leadership	Encourage the community to engage in Council initiatives and actions.
Legislative	There are no legislative considerations relating to this report.
Risk	The risk is deemed to be Extreme / High / Medium / Low. [Event that has an effect on objectives] caused by [cause/s] resulting in [consequence/s]. The risk is considered within / outside Council’s risk appetite. There is no risk associated with this report.

ATTACHMENTS

1. Applications for membership to Community Safety and Crime Prevention Committee 2020-2022 - August 2021

Ordinary Meeting

29 September 2021

Community & Culture Report

COM 02

Grants, Donations and Corporate Sponsorship report

Strategic Direction	Creating Connection Implement access and equity for all members of the community
File Ref	280430.2021
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Acting Director Community & Culture

Executive Summary

Council is committed to building strong and resilient communities in the Liverpool Local Government Area (LGA) and to maximising social wellbeing. Council helps achieve these goals by providing financial support through grants and sponsorships to develop leadership skills, increase participation in community activities and address identified social issues.

Impacts from COVID-19 and respective physical distancing requirements continue to limit the capacity and eligibility of programs, projects, or events. To ascertain community safety, demonstrate compliance with NSW Health guidelines, and demonstrate evidence of proactive and measurable program governance, all applicants have been requested to provide information on their compliance with COVID-19 safety guidelines.

This report provides a recommendation for funding totalling $5,000 from the Community Grants programs to support the provision of essential items such as PPE to community organisations to support ongoing service provision in response to COVID-19. This application is recommended for funding as a one-off consideration resulting from the unprecedented impact of COVID-19.

RECOMMENDATION

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

Applicant	Project	Recommended
Good360 Australia	PPE and essential items for vulnerable residents in Liverpool LGA	$5,000

REPORT

Community Grants Program

The Community Grants Program received one application which met the eligibility criteria and is recommended for funding as follows:

Applicant	Good360 Australia
Project	PPE and essential items for vulnerable residents in Liverpool LGA
Amount Requested	$5,000	Total Project Cost	$5,000
Location	Community organisations and schools across the Liverpool LGA	Date	30/08/2021
About the Applicant	Good360 Australia distribute the surplus of non-food items of the retail sector to Australians in need via charities and disadvantaged schools. Material aid is distributed to supplement food relief programs, community outreach programs and educational activities. Good360 Australia is a supporter of 57 charities and disadvantaged schools within the Liverpool LGA.

Description	Objectives: This program provides essential Personal Protective Equipment (PPE) supplies including masks, sanitisers, hygiene and cleaning supplies, clothing, bedding and school supplies to support charities and disadvantaged schools within the Liverpool LGA to address demand as a result of COVID-19 lockdown restrictions. Recognising the urgent need for these items and that many charities are currently under financial strain, the Good360 Australia is seeking funding to cover shipping and delivery fees to ensure timely distribution of these vital items. Outcomes: · Enable Good360 Australia to continue to provide essential items to 57 charities and schools within the Liverpool LGA; · Support the community to access essential items such as PPE which supplement food relief and are necessary for health and safety; and · Provide support and relief to organisations and charities in covering delivery and shipping costs to enable timely distribution of essential items.
COVID-19 Safety Plan	The applicant has considered the health and safety risks associated with COVID-19 and current Click and Collect method of provision of material aid. This project seeks to address such issues through the provision of shipping and delivery of items.
Beneficiaries	· 57 charities and organisations within the Liverpool LGA; · Community members who will be adequately equipped with PPE necessary for health and safety; and · Other organisations identified by Liverpool City Council as benefitting from this service.
Assessment	Recommended for Funding - $5,000 The project aligns with the Community Strategic Plan Direction 1 Creating Connection and meets the Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 a), b), f); and g).

CONSIDERATIONS

Economic

CORPORATE SPONSORSHIP
Budget	Balance	Recommended funding in this report	Remaining
$100,000	$71,050	Nil	$63,250
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$102,000	$102,000	$5,000	$97,000
MATCHING GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$200,000	$200,000	Nil	$185,000
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report	Remaining
$75,000	$75,000	Nil	$75,000
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding in this report	Remaining
$477,000	$448,050	$5,000	$443,050

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

Environment

Support schools and community groups to play an active role in reducing their impact on the environment and implementing environmentally sustainable actions.

Social

Support community organisations and groups to deliver services.

Civic Leadership

Role model to applicants, residents, and general public on COVID-19 safe practices and procedures when supporting funding requests.

Legislative

Local Government Act 1993 - s356.

Risk

Risk of supporting these activities is considered low. Applicants have provided information on their compliance with COVID-19 safety guidelines published by NSW Health.

ATTACHMENTS

1. Grants, Donations and Corporate Sponsorship Policy (Under separate cover)

Ordinary Meeting

29 September 2021

Community & Culture Report

COM 03

Report Back - Rates assistance

Strategic Direction	Leading through Collaboration Seek efficient and innovative methods to manage our resources
File Ref	282637.2021
Report By	Anna Rizos - Manager Customer Experience
Approved By	Tina Bono - Acting Director Community & Culture

Executive Summary

At its meeting on 25 August 2021, Council resolved to:

1. Direct the CEO to immediately exhibit its intentions for the minimum statutory period required, for a one-off grant of financial assistance equivalent to 10% of the person/s annual rates payable, with a minimum grant of $150 and maximum grant of $300, to a person/s who own property within the Liverpool Local Government Area that fits within the definition of residential use, subject to criteria that would include but not limited to:

a. The property is being used solely for owner occupier purposes;

b. All owners have claimed and been granted a government COVID disaster payment 2021;

c. The property is in the name of an individual(s); and

d. Excludes owners or persons that have applied under the Hardship provisions due to COVID.

2. Direct the CEO to immediately exhibit its intentions for the minimum
statutory period for a one-off grant of $50, to a person/s who own properties that sit within the definition of residential that currently receive the pensioner rate rebate;

3. Direct the CEO to present a report back to Council in the September 2021 meeting, with clear instructions on how persons who meet the criteria can apply for the grant;

5. Close applications for this grant at the end of October on the proviso that applications are opened no later than the 1^st of October; and

6. Direct the CEO to update Councillors at the October briefing session on applications received to that date.

Following Council’s August meeting, the resolution was placed on Public Exhibition for 28 days and closed on 26 September 2021. This report presents the operational impacts and planned actions for Council’s consideration.

RECOMMENDATION

That Council receives and notes this report.

REPORT

1. BACKGROUND

At its meeting on 25 August 2021, Council resolved to:

1. Immediately exhibit its intentions for the minimum statutory period required, for a one-off grant of financial assistance equivalent to 10% of the person/s annual rates payable, with a minimum grant of $150 and maximum grant of $300, to a person/s who own property within the Liverpool Local Government Area that fits within the definition of residential use, subject to criteria that would include but not limited to:

a. The property is being used solely for owner occupier purposes;

b. All owners have claimed and been granted a government COVID disaster payment 2021;

c. The property is in the name of an individual(s); and

d. Excludes owners or persons that have applied under the Hardship provisions due to COVID.

2. For a one-off grant of $50, to a person/s who own properties that sit within the definition of residential that currently receive the pensioner rate rebate;

3. Direct the CEO to present a report back to Council in the September 2021 meeting, with clear instructions on how persons who meet the criteria can apply for the grant;

5. Close applications for this grant at the end of October on the proviso that applications are opened no later than the 1st of October; and

6. Direct the CEO to update Councillors at the October briefing session on applications received to that date.

2. PUBLIC EXHIBITION OUTCOMES

In response to part 1 of the Council Resolution of 25 August 2021, the Council resolution was placed on public exhibition with a closing date of 26 September 2021.

As of 13 September 2021, Council has received no submissions. In addition, a memo providing feedback from the Public Exhibition period from 14 September 2021 to 26 September 2021 will be prepared for Council’s consideration.

3. APPLICATION PROCESS

In response to part 3 of the Council Resolution of 25 August 2021, subsequent to the Council meeting of 29 September 2021, the following actions will be taken:

1. An online application form will be live on Council’s website between 30 September 2021 and 31 October 2021;

2. Applying for the grant - a person/s will be required to:

a. Complete an online application on Council’s webpage

b. Respond to the relevant criteria that would include but is not limited to:-

i. The property is being used solely for owner occupier purposes;

ii. All owners have claimed and been granted a government COVID disaster payment 2021;

iii. The property is in the name of an individual(s);and

iv. Excludes owners or persons that have applied under the Hardship provisions due to COVID.

c. Attach all relevant evidence to support the online application

d. Submit the online application

e. Councils Rates Department will review all applications

f. Council will communicate to the person/s the outcome of their online application: and

g. Councils Rates Department will process the outcome (if applicable)

3. Pensioner rebate will be processed automatically following the Council meeting of 29 September 2021; and

4. Council will assist any person unable to complete the online application by customer calling 1300 36 2170.

4. RESOURCING

Resourcing will be monitored pending the impact from the volume of applications received by the community. Redeployment of staff to assist with the processing of applications will be deployed to assist with the process of applications if required.

5. FINANCIAL IMPLICATIONS

The following financial impacts are anticipated to the 21/22 Operating Budget:

1. Pensioner rebate:

The estimated impact will be $450,000. This estimate is based on 9,000 pensioners x $50 per property;

2. Rates Assistance Grant (COVID-19 disaster payment rebate):

The financial implication of this grant is unknown and is dependent on the volume of applications received by Council during the period of 30 September 2021 to 31 October 2021.The table below provides a summary of estimated cost implications dependent of community uptake.

Percentage of eligible landowners	Pensioner Rebate	Estimated Financial Impact	Total Financial Impact
25%	$450,000	$2,445,000	$2,895,000
50%	$450,000	$4,890,000	$5,340,000
75%	$450,000	$7,335,000	$7,785,000
100%	$450,000	$9,780,000	$10,230,000

Please note this grant initiative has not been considered in the 21/22 Operating Budget and Council’s long term financial plan.

6. CONCLUSION

In response to the community feedback received during the Public Exhibition period, this report has presented the operational, potential financial impacts, and action taken to date. Subject to Council’s endorsement of this report, Council officers will then take the required action. An update will be provided at the Councillor Briefing in October 2021 and budget adjustments for financial impacts will be included in the Quarter 1 Budget Review.

CONSIDERATIONS

Economic	The initiative is not budgeted for and will cost Council $450k at a minimum for the pensioner grant alone. Depending on the number of applications, financial exposure to Council could be up to $9.7m.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Deliver services that are customer focused.
Legislative	Local Government Act 1983
Risk	The uptake of the Rates Assistance Grant (COVID-19 disaster payment rebate) is unknown, an uptake by 25% of eligible landowners will be within Council’s adopted risk appetite (medium) for financial risks with a once-off impact of $1m-$3m. Should the uptake of the Rates Assistance Grant be greater than 25% the risk will be considered high and outside of Council’s adopted risk appetite.

ATTACHMENTS

Nil

Ordinary Meeting

29 September 2021

Corporate Services Report

CORP 01

Investment Report August 2021

Strategic Direction	Leading through Collaboration Seek efficient and innovative methods to manage our resources
File Ref	260810.2021
Report By	Chi Nguyen - 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 31^st August 2021:

· Council held investments with a market value of $367 million.

· The economic environment globally, including Australia, suffered significantly from the start of the COVID-19 pandemic in March 2020. The market value of Council’s investment in Floating Rate Notes (FRN) has since improved;

· RBA has maintained the cash rate at 0.10% with an indication to keep it at this level for next three years. This will have significant impact on Council’s interest earnings;

· The portfolio yield was 110 basis points above the AusBond Bank Bill index;

	AusBond Bank Bill Index (ABBI)
Benchmark	0.04%
Portfolio yield	1.10%
Performance above benchmarks	1.06%

· Return on investment was $180k lower than the original budget. This includes $53k capital gain on FRN’s;

· 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 19.45% 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 31^st August 2021, Council held investments with a market value of $367 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:

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The ratio of market value compared to face value of various debt securities is shown in the table below.

Asset Class	Aug-21	Jun-21
Senior Debts (FRN's ,TCD's & FRB)*	101.40%	101.27%
MBS (Reverse Mortgage Backed Securities)	78.69%	71.06%
T-Corp Unit Trusts	103.18%	103.17%

*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) into 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.

· Floating Rate Note (FRN) - returns an aggregate of a fixed margin and a variable benchmark (usually BBSW).

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 19.45% 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 that both “Class C” securities are likely to eventually default. However, Council will continue to receive interest up until default which is likely to be 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 31^st August 2021 exceeded the AusBond Bank Bill index by 106 basis points (1.10% against 0.04%)

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:

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Performance of Portfolio Returns against Budget

Council’s investment income for August 2021 is $180k lower than the original budget. This includes $53k capital gain on FRN’s.

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Investment Portfolio at a Glance

Portfolio Performance

The portfolio yield to 31^st August 2021 exceeded the AusBond Bank Bill index by 106 basis points (1.10% against 0.04%).

Annual Income vs. Budget

Council’s investment interest income is $180k lower than the original budget as at 31^st August 2021 and will be closely monitored.

Investment Policy Compliance

Legislative Requirements		Fully Compliant
Portfolio Credit Rating Limit		Fully Compliant
Institutional Exposure Limits		Fully Compliant
Overall Portfolio Credit Limits		Fully Compliant
Term to Maturity Limits		Fully Compliant

Economic Outlook – Reserve Bank of Australia

The Reserve Bank has left the official cash rate on hold at 0.10 per cent in its meeting on 7^th September 2021.The current 0.10 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 $180k lower than the original budget as at 31^st August 2021 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 Council’s budget.

ATTACHMENTS

1. Investment Portfolio August 2021

Ordinary Meeting

29 September 2021

Corporate Services Report

CORP 02

LGNSW Board Election and Annual Conference

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	283308.2021
Report By	George Georgakis - Manager Council and Executive Services
Approved By	George Hampouris - Acting Director Corporate Services

Executive Summary

The next Local Government NSW Annual Conference will have two components to it. These being an online component on 29 November 2021 and an in-person Special Conference from 28 February – 2 March 2022. An election of the Board will also be conducted and this will be done via a postal ballot.

The report provides information in relation to voting delegates which Liverpool City Council will be entitled to for voting on the Board election and voting on motions at the Conference and the deadlines dates.

A further report will be submitted to the October 2021 Council meeting for Council to consider motions to be submitted to the Special Conference in 2022.

RECOMMENDATION

That:

1. Any Councillors who wish to attend the LGNSW online Conference from 9.30am – 10.30am on Monday 29 November 2021 notify the Councillor Support Officer by 5 October 2021;

2. Council determine its voting delegates for the LGNSW Conference on 29 November 2021, noting that Liverpool City Council is entitled to 9 voting delegates for voting on motions and 9 delegates for voting on the Board election, and also noting that Councillor Hadid is entitled to one vote as he is a Director of the Association;

3. Council receive a further report at the October 2021 Council meeting for Council to consider motions to be submitted to the Special Conference in 2022; and

4. Council receive a further report at the first meeting of the new Council to determine its voting delegates for the Special Conference on 28 February – 2 March 2022.

REPORT

Local Government NSW Conference

The next LGNSW Annual Conference will have two components to it:

· A one-hour Annual Conference to present the annual report and financial reports, which will be conducted online from 9.30am on Monday 29 November 2021; and

· A Special Conference – including the debate and resolution of motions setting the advocacy agenda for 2022 - to be held in-person at the Hyatt Regency Sydney from Monday 28 February to Wednesday 2 March 2022.

The 29 November Annual Conference is required to meet the Association’s Rules and provides an opportunity to report back to members on LGNSW’s financial results and achievements for the 2020-21 financial year.

Liverpool City Council is entitled to 9 voting delegates for the November 2021 Conference and 9 voting delegates for the election of the Board. In addition, Councillor Hadid is entitled to a vote as he is a Board member. Voting delegates are required for the November Conference for motions to adopt the financial reports, and any other procedural motions which may be moved. The Board election will be conducted by postal ballot.

The deadline to advise LGNSW of Council’s voting delegates for the 29 November 2021 Conference is 5 October 2021.

LGNSW Board Election

Information from the Chief Executive of LGNSW relating to the Board election is attached. Nominations close on 5 October 2021. Individual Councillors can nominate and this does not require a Council resolution. An election notice was sent to Councillors on 7 September and is also attached to this report along with a nomination form.

The deadline to advise LGNSW of Council’s voting delegates for the Board elections is 5 October 2021. Liverpool City Council is entitled to 9 voting delegates for the Board election.

Motions and voting delegates for Annual Conference in February-March 2022

A report will be submitted to the October 2021 Council meeting for Council to consider motions it wishes to submit to the Special Conference in February-March 2022.

The deadline for motions to be submitted is 30 January 2022 should be noted.

LGNSW encourages Councils to nominate voting delegates to the Special Conference as early as possible, noting that we can substitute delegates after the outcome of the December election is known.

Liverpool City Council is entitled to 9 voting delegates for voting on motions.

The deadline to advise LGNSW of Council’s voting delegates for the February – March 2022 Conference is 17 February 2022. As such the report recommends that Council receive a further report at the first meeting of the new Council to determine its voting delegates for the Special Conference on 28 February – 2 March 2022.

Information relating to the Board election is attached, along with information relating to the Annual Conference.

CONSIDERATIONS

Economic	There are no economic and financial considerations at this stage as there is no cost to attend the online Conference on 29 November 2021. Costs associated with the 2022 Special Conference have not yet been provided by LGNSW.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services.
Legislative	There are no legislative considerations relating to this report.
Risk	The risk is deemed to be low and is considered to be within Council’s risk appetite.

ATTACHMENTS

1. Correspondence from LGNSW President regarding Annual Conference

2. Correspondence from LGNSW Chief Executive regarding LGNSW Board Elections and Annual Conference

3. LGNSW - Election Notice

4. LGNSW - Nomination Form

Ordinary Meeting

29 September 2021

Infrastructure & Environment Report

INF 01

Managing Drainage Channels and Waterways

Strategic Direction	Strengthening and Protecting our Environment Develop, and advocate for, plans that support safe and friendly communities
File Ref	268322.2021
Report By	Rinas Cook - Manager Infrastructure Planning
Approved By	Raj Autar - Director Infrastructure & Environment

EXECUTIVE SUMMARY

Council, at its meeting held on 28 July 2021, considered a report regarding the planned construction of a 6 megalitre flood detention basin in Austral to mitigate flooding impacts arising from urban developments.

Flood detention basins and associated trunk drainage systems are considered enabling infrastructure as it allows filling and occupation of lands that would otherwise remain flood prone. Upon completion, the Austral and Leppington North Precincts will have 19 flood detention basins with 9km of associated trunk drainage systems comprising 4km piped and 5km open drainage channels.

In view of experienced difficulties with the operation and performance of some of the existing open drainage channels, Council at this meeting resolved that Council identify suitable areas where underflow (piped) drainage would possibly work (as an alternative to open drainage channels) and report back to the September Council meeting.

Council over the past year has already been reviewing its current approach to the selection of appropriate drainage systems in the urban release areas such that a satisfactory balance can be achieved between the necessary performance attributes of drainage systems, its environmental impacts, and community expectations on appearance and form.

This report discusses the current issues surrounding stormwater management in urbanised catchments and:

a) provides plans for improving the operation and performance of some of the existing open drainage channels; and

b) using Austral and Leppington North Precinct drainage strategy as a case study, identifies areas within these precincts where hybrid drainage systems comprising piped and open channel could be effective. Preliminary investigations have shown that up to 2km of the 5km planned open drainage channels within this precinct can be replaced with piped drainage systems. Further analysis will be required to assess the viability of this conversion.

The Austral and Leppington North drainage master plan is included as Attachment 1.

RECOMMENDATION

That Council:

1. Receives and notes this report.

2. Endorses the process and principles presented in this report to guide the planning and design of drainage systems, including improvements to existing ones.

REPORT

1. Background and context

Natural creeks and waterways began to be piped or lined with concrete, brick or stone in the 1800’s to assist urban development. This system of drainage achieved significant efficiencies in conveying stormwater, reducing flood risks and unlocking land for construction. Throughout the 20th century, hard engineering of natural streams continued at a rapid rate, facilitating much of Sydney’s ongoing urban expansion.

Low-flow pipes have also been extensively used within drainage corridors to create additional open space. These are piped drainage systems within drainage channels and waterways that allow stormwater from normal rain events to be discharged via pipes leaving the channel above it dry for most of the time and available for recreational purposes.

Figure 1 - photos of piped and concrete lined drainage systems along Brickmakers Creek, Liverpool.

While enormously efficient at flood conveyance, the hard engineering of the waterways created some unintended consequences, such as:

· concrete surface of pipes and channels were not conducive to creating much needed habitats to support aquatic life. Consequently, piping of waterways created significant discontinuity in creek ecosystems impacting important aquatic flora and fauna, e.g. compromised fish passage along creeks and waterways.

· due to its smooth surface, these stormwater systems rapidly flushed toxic oils, pesticides, nutrients and other pollutants from developed areas into downstream waterways impacting aquatic life; and

· similarly, the relatively smooth surface facilitated high velocity flows causing damaging downstream peak flows resulting in flooding and erosion issues.

However, over the last 20 years, community and stakeholder attitudes towards urban waterways have changed significantly. There is now a greater appreciation of the social and environmental values waterways can provide to the local community and as a result the last 20 years have seen large scale naturalisation of engineered drainage systems, both locally and overseas.

2. Government intervention and response

Due to its long-term detrimental impact on water quality, ecology and flooding as discussed above, State Government Agencies over time have precluded the use of low-flow and hard-engineered drainage systems within waterways. Consequently, over the last twenty years, State Agencies have been stipulating the naturalisation of drainage channels to achieve the following objectives and benefits:

· water quality improvement through progressive removal of litter and nutrients e.g. rain gardens and drainage/bio swales;

· ecological restoration e.g. creating fish friendly waterways by creating riffles (shallow areas) and pools;

· flood mitigation through better management of water velocity and timing resulting in reduced flood severity;

· potential urban cooling and associated environmental improvements through selective planting;

· creating high quality and accessible public open space; and

· improving the visual amenity as the appearance of the creek becomes more natural.

Figure 2 - photos showing restoration of Bonds Creek by Campbelltown City Council. (upstream of Denham Court Road)

3. Issues with naturalised drainage channels

Whilst drainage channels have proven to be effective stormwater management solutions to mitigate the effects of impervious development and urbanisation, the design of some of these waterways in heavily pedestrianised and built-up urban areas haven’t been cognisant of public safety issues and community expectations regarding the ongoing appearance of the waterways.

The following lists some of the issues with existing waterways and open drainage systems, that must be key considerations in any future design of drainage systems:

· Public health and safety - invasive weed growth within the channel traps litter and creates a thriving environment for vermin and snakes thereby creating a threat to public safety.

· Bank slopes - steep channel bank slopes along some of the channels, as shown in the photos below, render regular maintenance extremely difficult, thereby necessitating use of specialised machinery making maintenance a costly activity.

· Accessibility and missed opportunities - the combination of steep bank slopes and risk issues identified above means that the drainage corridor is not available for public recreation and enjoyment.

Figure 3 - photos of Hopkins Creek, Hinchinbrook and Affleck Gardens, Middleton Grange illustrating the issues highlighted above.

4. Selecting the best drainage system - design considerations

In view of past community and stakeholder concerns regarding the condition and operation of some of Council’s open drainage channels, Council commenced a review of drainage system designs to develop best-practice guidelines aimed at achieving a satisfactory balance between the many, and sometimes competing, objectives and functions of waterways. The following sections identify the legislative and policy framework that must be key considerations in the design and construction of waterways and drainage channels.

4.1. Legislative framework and constraints of instream activities

All works within waterways are regulated by the provisions of the Water Management Act 2000 (WM Act). The NSW Office of Water administers the WM Act and has produced guidelines to ensure the design and construction of works within a watercourse must protect and enhance water flow, water quality, stream ecology and existing riparian vegetation. Guidelines require that works within the watercourse must:

· maintain or mimic natural hydraulic, hydrologic and ecological functions of the watercourse;

· accommodate natural watercourse functions by establishing natural bed and bank profiles, creating meanders and chain of ponds; and

· ensure that any modifications to watercourses do not increase flow velocities by constricting flows e.g. piping.

4.2. Council’s Water Management Policy - towards best practice water management

To achieve better water management outcomes, Council in 2016 adopted a Water Management Policy, which sets out standards for the management of all aspects of the water cycle in a holistic and coordinated way. Pertinently, the Policy requires all new developments in urban release areas of the LGA to incorporate best practice water management techniques by adopting Water Sensitive Urban Design (WSUD) principles in the planning, design, construction and maintenance of water related infrastructure, and seeing stormwater as a resource and not waste.

WSUD has significantly shifted focus of drainage systems from the conventional system of directly connecting pits and pipes to downstream waterways to a system that is more attuned to the natural hydrological and ecological processes. This is achieved by on-site collection, treatment and utilisation of water flows as part of an integrated treatment train to progressively remove litter and nutrients e.g. rain gardens, drainage swales and wetlands.

Figure 4 - illustration and photo of typical rain garden.

5. Towards a balanced, hybrid approach

5.1. Need for change

As stated above, water sensitive infrastructure generally requires large footprints to effectively respond to the multiple objectives of these systems. Further, design of waterways in heavily pedestrianised and built-up urban areas must be cognisant of public safety issues and community expectations regarding the ongoing appearance of the waterways.

The size of waterways required to accommodate all the above requirements means that costs associated with land acquisition, construction and maintenance can be significant and ongoing. Consequently, there will be situations where not all requirements of WSUD or the WM Act will be able to be accommodated in the design of waterways e.g. meandering channels, gradual bank slopes, and pools and riffles, due to its large footprint may not be able to be provided along all the affected waterways.

In these situations where space is constrained or public safety and amenity are likely to be impacted, combination of piped drainage with open overflow channels are considered the best practicable option to achieve effective treatment. It is considered that there is opportunity to better incorporate the best of both, piped and open drainage, to overcome the poor operation and performance issues outlined in 3 above. The benefits of using this hybrid system includes reduced maintenance costs, aesthetically pleasing result, reduced land requirement and improved public safety as shown in the photos below.

An aerial view of a neighborhood

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Figure 5 - photos of open space over low flow pipes in Horningsea Park

5.2. A case study - Austral and Leppington North drainage strategy

The early stage of delivery of stormwater infrastructure within the Austral and Leppington North Precinct has provided this opportunity to explore options for such hybrid drainage systems. Investigations so far have found that up to 2km of the open drainage channels within the Precinct could potentially be redesigned as a hybrid system comprising low-flow pipes with overflow open channels.

As stated previously, upon completion, the Austral and Leppington North Precincts will have 19 flood detention basins with 9km of associated trunk drainage systems comprising 4km piped and 5km open drainage channels. Flood detention basins generally comprise the following major elements:

i). inlet system of pipes and open drainage channels that collect stormwater from upstream urbanised catchments and discharge into the basin;

ii). a basin that collects and temporarily stores water until downstream receiving creeks have the capacity to receive the stored stormwater. By retaining and gradually releasing stormwater, basins can slow the velocity of stormwater and reduce damaging peak flows; and

iii). outlet system of pipes and open drainage channels that drain the stormwater from the basin to the nearest creeks.

Based on the current strategy, most of the inlet systems are proposed as open drainage channels. These drainage channels will be located near residential dwellings or other active use sites such as playgrounds with parts of the channel falling generally outside defined waterways. It is considered there could be a range of community benefits in converting some of these channels into a low flow drainage system. Preliminary investigations show that up to 2km of the 5km planned open drainage channels can be replaced with piped drainage systems.

The following extract from the Austral and Leppington North drainage strategy shows sections of open channels considered viable for conversion to a low flow pipe system.

Map

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Figure 6 - areas where low flow pipes could possibly work.

The conversion of the identified channels to hybrid systems will provide additional usable space for public recreation and enjoyment while still providing the required corridor for the conveyance of flood waters. While preliminary investigations show that these conversions would be viable, further investigations will be necessary to:

· ensure there are no adverse upstream flooding impacts;

· ensure that any works within defined waterways comply with the WM Act; and

· determine any cost implications on the Contributions Plan.

5.3. Need for naturalised waterways

It is proposed that the flood detention basins (that do not provide active secondary uses such a sporting fields) and the outlet drainage channels be retained in its natural state as required by the WM Act. As can be seen from the attached drainage master plan, the outlet systems lie predominantly within existing or proposed open spaces and riparian corridors, where engineered piped drainage systems would be precluded under the WM Act.

Where drainage channels are constructed as naturalised waterways, appropriate design techniques will be used to ensure ongoing maintenance and financial liabilities are minimised, while effectively meeting the necessary drainage and environmental outcomes. Through the selection of appropriate vegetation and provision of satisfactory maintenance access, it is anticipated that these drainage systems will reduce the current maintenance burden.

Figure 7 - photo of existing outlet to Basin 6 and example of its proposed restoration (Campbelltown City).

5.4. Addressing issues with the existing open channels

With regards to issues identified with some of the existing open drainage channels, the following two sites have been selected for design investigations with the view to addressing the range of operational and performances issues affecting these channels.

a) Hopkins Creek, West Hoxton and Hinchinbrook

Council is in the process of appointing a consultant for undertaking necessary designs to address the current deficiencies. Following completion of preliminary designs, community consultations will be organised to seek their views on available solutions.

b) Affleck Gardens, Middleton Grange

With regards to the existing open drainage channel along Affleck Gardens, Council is currently developing designs for the redevelopment of the open space bound by Affleck Gardens North and South to provide a playground, outdoor gyms and associated landscaping. This has provided the opportunity to incorporate the drainage channel into the adjoining open space for a more integrated space for public recreation and enjoyment. Following completion of preliminary designs, community consultations will be organised to seek public views on this proposal.

A high angle view of a building

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Figure 8 - aerial view of Affleck Gardens and associated open space.

6. Conclusion

The management of stormwater has undergone significant evolution over the last few decades as community and stakeholder attitudes towards urban waterways have changed significantly. The most significant shift has been in the way stormwater is now seen: from waste requiring disposal to a resource needing preservation and reuse. While the introduction of water sensitive design principles have shifted focus of drainage systems from the conventional system of directly connecting pits and pipes to downstream waterways to a system that is more attuned to the natural hydrological and ecological processes, this report has shown that a satisfactory balance must be achieved between the necessary performance attributes of drainage systems, its environmental impacts, and community expectations on appearance and form.

CONSIDERATIONS

Economic	Enhance the environmental performance of stormwater assets.
Environment	Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. There are no environmental and sustainability considerations.
Social	Promote community education and awareness as key element to manage water quality.
Civic Leadership	Act as an environmental leader in the community.
Legislative	Water Management Act 2000
Risk	There could be potential breaches of the Water Management Act if compliance with the requirements of the Act is not achieved.

ATTACHMENTS

1. Austral and Leppington North Drainage Strategy - showing areas where low flow pipes could be viable

Ordinary Meeting

29 September 2021

Committee Reports

CTTE 01

Minutes of the Audit, Risk and Improvement Committee Meeting held on 13 August 2021

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	271143.2021
Report By	Chris Van Zyl - Acting Head of Audit, Risk and Improvement
Approved By	Dr Eddie Jackson - Chief Executive Officer

Executive Summary

This report is tabled in order to present the Minutes of the Audit, Risk and Improvement Committee Meeting held on 13 August 2021.

RECOMMENDATION

That Council

1. Receives and notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 13 August 2021;

2. Adopt the 4 Year Strategic Internal Audit Plan 2021-25.

3. Adopt the Annual Internal Audit Plan 2021/22.

4. Adopt the Annual Risk Management Plan 2021/22.

REPORT

The Minutes of the Audit, Risk and Improvement Committee held on 13 August 2021 are attached for the information of Council. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

The committee endorsed the 4 Year Strategic Internal Audit Plan and Annual Risk Management Plan. The Plans are attached under separate cover for adoption by Council.

4 Year Strategic Internal Audit Plan 2021-2025

The 4-Year Strategic Internal Audit Plan for the period 1 July 2021 to 30 June 2025 is prepared in accordance with Liverpool City Council’s Internal Audit Charter.

This Plan of Internal Audit Activity aims to communicate the process for determining the focus of Internal Audit activity. In order to retain relevance and ensure value add to Council this plan will be revised subject to emerging risks and executive requests.

The objectives of this Plan are to:

· Identify a Four-Year Rolling Plan to guide the activities of Council’s Internal Audit function from 1 July 2021 to 30 June 2025.

· Provide a risk-based Annual Internal Audit Plan for the year 1 July 2021 to 30 June 2022.

· The plan includes a 10% contingency to respond to emerging risks/business needs.

Annual Risk Management Plan

The risk management plan provides a structure for how council will implement its risk management policy and conduct its risk management activities.

The purpose of the plan is to ensure that the council’s arrangements for managing risks are clearly understood and practiced, and identifies where, when and how different types of decisions relating to risk are made across the council and by whom.

ARIC Resolutions and Reports Requiring Further Actions

The minutes contain the following actions that will be managed through the regular reports and resolution tracking document:

· Climate Change Risks

Receive a future update on Council’s climate change risks.

· Fraud and Corruption Prevention Control Plan

Receive a future update on the final Fraud and Corruption Prevention Control Plan

· Cyber Security Framework

Receive a future update on the Cyber Security Framework.

· Final Management Letter

Receive a report within three months of the Final Management letter to ensure outstanding and repeat issues are addressed in a timely manner.

· COVID-19 update

It was agreed that a COVID-19 update will be added as a standing item to the ARIC agenda moving forward

· Training and Compliance

Receive future reports with additional statistics at a Directorate level and on essential courses such as Code of Conduct, Risk Management.

· Delegations Register

Receive a future update on the review of the delegations register following the local government elections.

· Continuous Risk Improvement Program (CRIP) Audit

Monitor the implementation of the recommendations and management actions as part of the regular internal audit updates on the implementation progress of audit and risk actions.

· Promapp Process Conversion

Receive future updates on the conversion progress.

· ARIC Meetings 2022

Review and confirm ARIC meeting dates for 2022 at the next meeting.

· Local Government Job Retention Allowance

Receive an update from Council staff on the Local Government Job Retention Allowance.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision making processes. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government Act 1993, sections 8B and 23A
Risk	The committee reviewed several reports, including the interim management letter by the NSW Audit Office, Liverpool Civic Place, Council’s Top 10 strategic risks, newly identified risk and an update on the impact of COVID-19 on Council’s budget.

ATTACHMENTS

1. Final ARIC Minutes 13 August 2021

2. Final 4 Year Strategic Internal Audit Plan 2021-25 & Annual Internal Audit Plan 2021/22 (Under Separate Cover)

3. Final Annual Risk Management Plan 2021-2022

Ordinary Meeting

29 September 2021

Committee Reports

CTTE 04

Meeting Notes of the Liverpool Youth Council Committee Meeting held 13 July 2021 and Minutes of the Liverpool Youth Council Committee Meeting held 10 August 2021

Strategic Direction	Leading through Collaboration Encourage community participation in decision-making
File Ref	276378.2021
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Acting Director Community & Culture

Executive Summary

This report is tabled in order to present the Meeting Notes of the Liverpool Youth Council Meeting held on 13 July 2021 and the Minutes of the Liverpool Youth Council Meeting held on 10 August 2021.

RECOMMENDATION

That Council:

1. Receives and notes the Meeting Notes of the Liverpool Youth Council Meeting held on 13 July 2021 and Minutes of the Liverpool Youth Council Meeting held on 10 August 2021; and

2. Endorse the recommendations in the Minutes.

REPORT

The Meeting Notes of the Liverpool Youth Council Meeting held on 13 July 2021 and Minutes of the Liverpool Youth Council held on 10 August 2021 are attached for the information of Council.

The Meeting Notes of the 13 July 2021 meeting contain the following actions or Committee recommendations:

· MOTION: The Community Development Worker (Youth) to provide a draft budget document to be developed by Youth Council members at the August Youth Council meeting; and

· MOTION: The Community Development Worker (Youth) to invite Council’s Service Manager Transport Management to an upcoming meeting of the Liverpool Youth Council to discuss roads in Austral.

The Minutes of the 10 August 2021 meeting contain the following actions or Committee recommendations:

· MOTION: The Community Development Worker (Youth) to investigate options to provide immediate support for young people in the community who have been impacted by COVID-19 and report back to the September Youth Council meeting; and

· MOTION: The Community Development Worker (Youth) to organise an online meeting for Youth Council members and CPAC Youth committee members.

None of the actions contained in the minutes will have a financial impact on Council.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	Support community organisations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination.
Civic Leadership	Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Liverpool Youth Council Minutes - 10 August 2021

2. Meeting Notes - Liverpool Youth Council 13 July 2021

Ordinary Meeting

29 September 2021

Committee Reports

CTTE 06

Minutes of the Heritage Advisory Committee meeting held on 17 August 2021

Strategic Direction	Creating Connection Celebrate diversity, promote inclusion and recognise heritage
File Ref	280845.2021
Report By	Thomas Wheeler - Heritage Officer
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

This report is tabled to present the minutes of the Heritage Advisory Committee meeting held on 17 August 2021.

It is also recommended that the Charter of the Heritage Advisory Committee be amended to increase the term of appointment for community members from two to four years, to align with the term of Council.

RECOMMENDATION

That Council:

1. Receives and notes the minutes of the Heritage Advisory Committee meeting held on 17 August 2021;

2. Endorse the recommendations of the Committee; and

3. Amend the Charter of the Heritage Advisory Committee to increase the term of appointment for community members from two to four years, to align with the term of Council.

REPORT

The minutes of the Heritage Advisory Committee meeting held on 17 August 2021 are attached for the information of Council.

The minutes contain the following Committee recommendations:

1. The Committee recommends that a report be tabled to Council on the cost implications of employing specialist tradespeople with heritage knowledge to maintain heritage buildings across the Liverpool LGA and to work with local heritage property owners in the maintenance of their properties.

Officer Comment:

A similar recommendation was passed by the Committee at its May 2021 meeting. That recommendation was: “Council considers the employment of trades people with traditional trade skills to in-house heritage building maintenance, with the aim of placing Liverpool City Council as a leader in heritage asset management”.

At its meeting of 25 August 2021, Council noted the committee’s recommendation, but noted that it is an operational matter and will be further investigated.

This recommendation of the Committee is for a report to be prepared for Council’s consideration on the cost implications of employing specialist tradespeople with heritage knowledge to maintain heritage buildings across the Liverpool LGA and to work with local heritage property owners in the maintenance of their properties.

The committee believes that this matter is not just operational, but also strategic and one which has wider implications for Council and the community.

The discussion of the committee around the engagement of specialist trades within Council to care for Council’s Heritage Assets was not just beneficial from a financial perspective but also enables opportunities to provide a greater level of assistance to heritage property owners and providing traditional trade and training opportunities for apprentices and active tradespeople.

If endorsed by Council, a report can be prepared for Council’s consideration as part of the 2021/22 budget process.

2. That the Committee praises Council’s Heritage Officer for their endeavours in relation to the activation of Collingwood House and ensuring its role as a community asset.

Membership Term of the Heritage Advisory Committee

The current charter of the Liverpool Heritage Advisory Committee requires the seeking of new members every two years. The process of seeking expressions of interest and evaluating the nominations can take some time so it is proposed that the Charter of the Committee is amended to align with the term of Council.

It is acknowledged that the next term of Council will be less than 4 years, due to delayed local government elections. The proposed change to the Charter is “a person appointed to the Committee will continue as a member for four years. The Committee will dissolve at the commencement of any new Council term, with Expressions of Interest for the next Committee commencing after the first meeting of the new Council”.

The proposed amendments have been made to the Charter (Attachment 2). Council’s Governance team have reviewed the proposed amendments and have raised no objections to the updated Charter.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Minutes of the Heritage Advisory Committee meeting held on 17 August 2021.

2. Amended Heritage Advisory Committee Charter 2021. (Under separate cover)

Ordinary Meeting

29 September 2021

Questions with Notice

QWN 01

Question with Notice - Clr Harle - Shopping Trolleys, Parkbridge Estate Road Extension, Solar Energy, and Staff Changes

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

266252.2021

QUESTION WITH NOTICE

Please address the following:

1. In relation to shopping trolleys,

a) What progress, if any, has been made on the issue of abandoned shopping trolleys with the State Government?

b) How is Council policing shopping trolley owners to take all necessary steps to ensure their shopping trolleys remain within their designated areas?

c) What action is Council taking if the owners are not complying?

d) With the new shopping centres such as Edmondson Park, has there been any significant change in the number of abandoned shopping trolleys compared to older areas?

2. With reference to the Parkbridge Estate road extension under the M7, when is it likely that this connection will be undertaken and a possible completion date?

3. Does Council have a policy encouraging solar energy is retrofitted to Community buildings as part of their refurbishment when and if it falls due?

a) Examples?

4. Can Council provide a regular update of relevant staff changes that Councillors may have access to?

Responses

1(a) What progress, if any, has been made on the issue of abandoned shopping trolleys with the State Government?

Council wrote to the Minister for Local Government on 23 January 2019 (Attachment 1) requesting changes to the Impounding Act. OLG responded on 22 February 2019 (Attachment 2). Council again wrote to OLG on 6 May 2019 (Attachment 3) on this matter. LGNSW also congratulated Council on its advocacy on this important issue (Attachment 4).

In August 2019, the Office of Local Government (OLG) initiated a review of the Impounding Act 1993 (the Act). The Act provides a framework for councils and public land managers to enforce the impounding of abandoned and unattended articles and animals.

As part of the review, a discussion paper was released in December 2019 seeking feedback from the broader community and public land managers (including councils) about whether the objectives of the Act were meeting community needs and expectations. The OLG received 85 written submissions in response to the discussion paper.

In June 2021, the OLG released an options paper recommending next steps for amending the Act (Attachment 5). In addition to the options paper, the OLG hosted a workshop with key stakeholders to finalise its comprehensive review of the Act. Particularly, it was recommended that provisions for minimising abandoned shopping trolleys be added to the Impounding Regulation 2013 or a potential Code of Practice.

The new provisions would enable businesses to implement the most appropriate and cost-effective shopping trolley containment method to suit their local circumstances, provided they can still meet their obligations.

A Better Regulation Statement examining the costs and benefits of the option paper, is being developed to support the Government’s decision-making process. Should any changes to the Act be required, the OLG proposes that a Bill and supporting Regulations will be introduced to Parliament in late 2021, with any changes to the Act being implemented in 2022.

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1(b) How is Council policing shopping trolley owners to take all necessary steps to ensure their shopping trolleys remain within their designated areas?

Council has updated its Development Control Plan to require, through the development assessment process, consideration of trolley containment systems. Council imposes conditions of consent requiring owners to manage shopping trolleys via a lockable or coin operated trolley system. Additionally, trolleys are to be maintained in accordance with a Plan of Management that has been approved by Council.

Council can impound abandoned trolleys and charge impounding fees to the trolley owner. However, the Impounding Act provides for further legal action/penalties to be taken against the person who abandons the trolley, not the owner of the trolley.

As a strategic measure, as noted above, Council wrote to the Minister for Local Government in early 2019 requesting that the Impounding Act 1993 be amended to enable Council to issue fines to owners of shopping trolleys left on public land. Further, a motion to change the necessary legislation was submitted to the LGNSW conference in October 2019. LGNSW wrote to the Minister for Local Government on Council’s behalf and received a response which advised that due consideration will be given to the proposal. Consequently, the Office of the Local Government initiated the above-mentioned review of the Impounding Act 1993 (the Act).

1(c) What action is Council taking if the owners are not complying?

As outlined above, there is limited action Council can take against owners of shopping trolleys under current legislation. Council has previously undertaken a trolley blitz to remove abandon trolleys and a media campaign to highlight the issue of abandoned trolleys. Council will remove trolleys if they are safety issue, however Council encourages the community to report abandon trolleys directly to the supermarket chains using the “report abandoned trolley forms” or via the supermarket trolley trackers app.

1(d) With the new shopping centres such as Edmondson Park, has there been any significant change in the number of abandoned shopping trolleys compared to older areas?

Since opening, Council hasn’t received complaints about abandoned trolleys in the Edmondson Park area. Most complaints have been made within the Liverpool CBD.

2. With reference to the Parkbridge Estate road extension under the M7, when is it likely that this connection will be undertaken and a possible completion date?

Following a lengthy engagement and approval process, detailed designs for the extension of Middleton Drive to connect to Aviation Road are currently underway and are anticipated to be completed by March 2022. Council is concurrently exploring funding strategies for this $6 million project, and subject to availability of full funding, construction tenders are planned to be issued in mid-2022. At this stage, construction works are anticipated to take between 12 and 18 months to complete.

There have been a number of requests from the community to link existing cycleways to the M7 cycleway, in particular Middleton Drive in Middleton Grange and Inverell Avenue in Hinchinbrook.

Council formally initiated the approval process with the M7 authority in 2018. After extensive dialogue and negotiation with the authority, the M7 cycleway link at Middleton Drive in Middleton Grange has now been approved. This link will connect the cycleway from the cul-de-sac of Middleton Drive.

The proposed M7 cycleway link at Inverell Avenue in Hinchinbrook has been rejected by the M7 authority due to flooding impact on their land and the cycleway. However, the alternative proposal, M7 cycleway link at Government Road, which is about 260m from Inverell Avenue, has been approved in principle. The final approval will be subject to meeting a number of conditions and other requirements.

3. Does Council have a policy encouraging solar energy is retrofitted to Community buildings as part of their refurbishment when and if it falls due?

Council’s energy efficiency and renewable energy initiatives are guided by the Energy Management Plan developed in 2012 and site-specific energy audits of Council's top energy consuming facilities. These resources are supplemented by ongoing monitoring by Azility of energy use data for Council facilities. This has allowed a strategic approach to solar energy installations, prioritising sites that result in the best cost benefit.

The main solar energy installations completed to date for Council buildings are included in the following table.

Year	Council Building	Solar Panel System Size
2011/12	City Library	10kW
2013/14	Hinchinbrook Childcare Centre	8kW
2013/14	Wattle Grove Childcare Centre	8kW
2015/16	Warwick Farm Childcare Centre	8kW
2015/16	Cecil Hills Childcare Centre	8kW
2015/16	Green Valley Community Centre	8kW
2015/16	Moorebank Community Centre	8kW
2016/17	Holsworthy Childcare Centre	10kW
2016/17	Casula Childcare Centre	5kW
2016/17	Wattle Grove Community Centre	5kW
2016/17	Chipping Norton Community Centre	10kW
2017/18	Preston Childcare Centre	8kW
2018/19	Casula Parkland Amenities Building	5kw
2021	Rose Street Depot	42kW

A solar energy installation is proposed for Casula Powerhouse Arts Centre with a Development Application recently being lodged for the project. Solar energy installations are also currently being designed for Casula Library, Carnes Hill Community Centre, and Michael Wenden Aquatic & Leisure Centre, which are anticipated to be installed this financial year.

The feasibility of solar energy installations is also considered for all new buildings. For example, solar energy installations have recently been completed for the new amenities building within Cirillo Reserve and the community building within Phillips Park. Solar lighting has also been in installed at Cirillo Reserve and Phillips Park and is being progressively installed within reserves in high use areas such as outdoor gyms and pathways.

More recently, energy efficiency projects have been considered within the scope of climate change related strategic documents. The Sustainable Resilient Liverpool Strategy was developed in 2020 to outline potential emission reduction actions including solar energy initiatives.

Council is also currently drafting a Climate Action Plan, which builds upon the Sustainable Resilient Liverpool Strategy and is an important component of a broader framework to deliver the sustainability outcomes of the Our Home, Liverpool 2027 Community Strategic Plan. The installation of solar PV on Council assets is an action item in the Climate Action Plan, with a commitment to explore additional solar energy installations as part of future capital works. The Climate Action Plan will also include measures to monitor trends such as energy consumption.

The Sustainable Resilient Liverpool Strategy identified that Council’s operational emissions have decreased by 25% since 2008 due to efficiency measures being implemented. This has been despite an over 25% increase in the Liverpool LGA population over the same time period, and the development of additional facilities and services.

4. Can Council provide a regular update of relevant staff changes that Councillors may have access to?

The Councillor Intranet includes a “Staff Contact List” link from the home page to the list of staff who can interact with Councillors in accordance with the “Councillor Access to information and Interaction with Staff Policy.”

This list is updated on a fortnightly basis in relation to staff changes across the organisation. Once any changes are made to the staff in that list, Councillors will be advised, and the Intranet will be updated accordingly.

ATTACHMENTS

1. Council correspondence to Minister for Local Government - 23 January 2019

2. Correspondence from OLG - 22 February 2019

3. Council correspondence to OLG - 6 May 2019

4. Correspondence from LGNSW - 14 August 2019

5. Options Paper Impounding Act Review

Ordinary Meeting

29 September 2021

Questions with Notice

QWN 02

Question with Notice - Clr Harle - Covid and English Language Courses

Strategic Direction

Leading through Collaboration

Increase community engagement

File Ref

271966.2021

QUESTION WITH NOTICE

Please address the following

Considering the current Covid pandemic and communications problems caused by language difficulties within our community, what is Council offering in English language Courses to the community?

Response

The provision of English language courses in Liverpool are the responsibly of government funded agencies, including:

· Navitas Australia which is the largest provider of English language training in Australia;

· TAFE NSW which provides various English language courses toward training and education pathways;

· Intensive English Centres at Miller Technology and Lurnea High Schools provides newly arrived students with English language classes; and

· MTC Australia which delivers Skills for Employment and Education Program, English language classes for job seekers.

Council has led community based programs that assist adult migrant and refugees to access English language classes outside the formal courses.

· The Liverpool Community Hubs Network, delivered by Council in partnership with Community Hubs Australia and three local primary schools – Heckenberg, Marsden Road and Hoxton Park – offer formal and informal English education classes through their various programs and initiatives. Each hub hosts a number of English courses, both beginner and intermediate classes, as well providing an opportunity to practice conversational English language skills through the further education programs and social activities on offer at each individual hub.

· Liverpool City Libraries are supporting English language learning in a number of ways:

o Weekly Conversation Café delivered at Liverpool and Carnes Hill Libraries - this is a volunteer run group for anyone wanting to practice or improve their English language Skills. It is delivered in an informal setting which provide opportunities for learning and social connections.

o Provides tours and assistance to Navitus students, ensuring that students enrolled in the English language classes have the opportunity to join the library and access the English Language Learning Collection.

o The Library hold a comprehensive collection of English learning study materials for students and teachers. The collection has learning resources to supports all levels of study, and to support recognition of overseas qualifications.

· Liverpool City Library provides access to online English learning tools. The library’s eLearning page provides access to these tools from the comfort of home, 24/7. These include:

o AMES - online English language courses from beginners to advanced.

o Clarity English - a comprehensive resource that supports skills in active reading, pronunciation, writing, as well as general and academic training for IELTS.

o Transparent Language Online - a self-paced language learning program supporting over 90 languages including English as a Second Language (ESL).

o LinkedIn Learning – the LinkedIn Learning provides video tutorials with transcripts to develop skills in business, project management, graphic design, web development, photography, music, video editing and more. These courses are designed for beginners to advanced levels and presented by industry experts. It features content in 7 different languages - English, French, German, Portuguese, Japanese, Spanish and simplified Chinese.

These resources are available to all library members with immediate access to the online resource. The non-library members can also have access, but are required to enter their details, agree to the conditions of membership and receive a temporary membership number.

ATTACHMENTS

Nil

0
COM 01	Endorsement of new membership for Community Safety and Crime Prevention Advisory Committee 2020-2022
Attachment 1	Applications for membership to Community Safety and Crime Prevention Committee 2020-2022 - August 2021

0
CORP 02	LGNSW Board Election and Annual Conference
Attachment 2	Correspondence from LGNSW Chief Executive regarding LGNSW Board Elections and Annual Conference

0
CORP 02	LGNSW Board Election and Annual Conference
Attachment 3	LGNSW - Election Notice

0
CORP 02	LGNSW Board Election and Annual Conference
Attachment 4	LGNSW - Nomination Form

0
CTTE 02	Minutes of the Liverpool Access Committee meeting held on 12 August 2021
Attachment 1	Minutes of the Liverpool Access Committee meeting held on 12 August 2021

0
CTTE 03	Minutes of the Aboriginal Consultative Committee meeting held on 5 August 2021
Attachment 1	Minutes of the Aboriginal Consultative Committee meeting held on 6 August 2021

Strategic Direction	Generating Opportunity Create an attractive environment for investment
File Ref	280034.2021
Report By	Susana Freitas - Acting Senior Officer Economy and Place
Approved By	John F Morgan - Director Economy & Commercial Development

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Facilitate economic development. Facilitate the development of new tourism based on local attractions.
Environment	There are no environmental and sustainability considerations.
Social	Provide cultural centres and activities for the enjoyment of the arts. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Deliver high quality services for children and their families.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

0
CTTE 05	Minutes of the Tourism and CBD Committee meeting held 24 August 2021
Attachment 1	Tourism and CBD Committee minutes - August 2021.

0
CTTE 07	Minutes of Strategic Panel meeting held on 9 August 2021
Attachment 1	Minutes of the Strategic Panel meeting held on 9 August 2021

0
QWN 01	Question with Notice - Clr Harle - Shopping Trolleys, Parkbridge Estate Road Extension, Solar Energy, and Staff Changes
Attachment 5	Options Paper Impounding Act Review