Liverpool City Council
Business Paper
Council Agenda
Ordinary Council Meeting
25 March 2015
Francis Greenway Centre
170 George Street
Liverpool
Liverpool City Council
Business Paper
Council Agenda
Ordinary Council Meeting
25 March 2015
Francis Greenway Centre
170 George Street
Liverpool
You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 25 March 2015 commencing at 6.00pm. Doors to the Francis Greenway Centre will open at 5.45pm.
Liverpool City Council Meetings are taped for the purposes of minute taking and record keeping. If you have any enquiries please contact Council and Executive Services on 9821 9237.
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Carl Wulff
CHIEF EXECUTIVE OFFICER
Order of Business
PAGE TAB
Prayer
Apologies
Condolences
Confirmation of Minutes
Ordinary Council Meeting held on 25 February 2015.............................................................. 7
Declarations of Interest
Public Forum
Mayoral Report
NIL
Notices of Motion Of Rescission
NIL
Notices of Motion
NOM 01 Committee meetings ...................................................................................... 61......... 1
Motions of Urgency
NIL
Independent Hearing and Assessment Panel Report
IHAP 01 DA-490/2013 - Demolition of existing structures and erection of a seven storey commercial building at 220-230 Northumberland Street, Liverpool............... 63......... 2
IHAP 02 DA-597/2014 - Staged subdivision to create a total of 20 Torrens title lots over two stages at 5 Angelina Court, Green Valley.................................................................. 68......... 3
IHAP 03 DA-637/2014 - Construction of a nine storey mixed use development at 54-56 Macquarie Street, Liverpool.............................................................................................. 74......... 4
IHAP 04 DA-623/2014 - Torrens title subdivision creating ten residential lots and one residue lot with associated road construction at Lot 215 Southern Cross Drive, Middleton Grange 80......... 5
IHAP 05 DA-344/2014 - Two stage subdivision to create a total of 27 Torrens title lots at 175 McIver Avenue, Middleton Grange................................................................ 85......... 6
IHAP 06 DA-1015/2014 - Three lot Torrens title subdivision at 5 Plukavec Circuit, Prestons 90 7
IHAP 07 DA-26/2014 - Torrens Title subdivision of one (1) existing lot into six (6) lots; and construction of six (6) single-storey dwelling houses at 154-156 Flynn Avenue, Middleton Grange............................................................................................................ 96......... 8
Development Application Determination Report
NIL
Chief Executive Officer Report
NIL
Business Improvement Report
NIL
Chief Financial Officer
CFO 01 Draft Delivery Program 2013/17 Operational Plan & Budget 2015/16........ 103......... 9
CFO 02 Privacy Management Plan........................................................................... 106....... 10
CFO 03 55th Floodplain Management Association Conference................................ 109....... 11
CFO 04 Investment report February 2015................................................................. 123....... 12
CFO 05 Council Reserves.......................................................................................... 134....... 13
CFO 06 PRIMA Conference Attendance and Study Tour 2015................................ 137....... 14
CFO 07 2015 National General Assembly of Local Government.............................. 142....... 15
City Presentation Report
NIL
Community and Culture Report
DCC 01 Donations, Grants and Sponsorships........................................................... 174....... 16
DCC 02 Proposed Amendments to the Liverpool Youth Council Charter................. 179....... 17
Economy and Engagement Report
NIL
Infrastructure and Environment Report
NIL
Planning and Growth Report
DPG 01 Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment................................................................................................... 197....... 18
DPG 02 Draft Liverpool Local Environmental Plan 2008 (Amendment 48) - Attached Dual Occupancy of up to 200sqm for land zoned RU2 - Rural Landscape and Liverpool Development Control Plan 2008 (Draft Amendment 17)............................. 212....... 19
DPG 03 Liverpool Development Control Plan 2008 Draft Amendment 21 - Notifications relating to Single Dwelling Developments and Section 96 Modifications..................... 218....... 20
DPG 04 Liverpool Design Excellence Panel (LDEP)................................................. 230....... 21
Property and Commercial Development Report
NIL
Committee Reports
CTTE 01 Environment Advisory Committee Meeting Minutes of 9 February 2015.... 241....... 22
CTTE 02 Street Naming Committee Minutes 3 February 2015.................................. 286....... 23
CTTE 03 Minutes of the Liverpool Access Committee 12 February 2015.................. 291....... 24
CTTE 04 No Intermodal Committee meeting minutes 3 February 2015..................... 296....... 25
CTTE 05 Minutes of the Aboriginal Consultative Committee Meeting held on the 4 February and 4 March 2015 ................................................................................................. 301....... 26
CTTE 06 Minutes of Building Our New City Committee meeting held 4 March 2015 309....... 27
CTTE 07 Minutes of Economic Development and Events Committee meeting held 4 March 2015 317....... 28
CTTE 08 Minutes of Badgerys Creek Airport Taskforce meeting held 4 March 2015 325....... 29
CTTE 09 Minutes of the Budget and Finance Committee and Councillor Budget Briefing held on 5 March 2015................................................................................................... 330....... 30
CTTE 10 Meeting Notes of the Liverpool Youth Council meeting held 3 March, 2015 334 31
Questions with Notice
QWN 01 Question with Notice - Clr Stanley................................................................ 340....... 32
QWN 02 Question with Notice - Clr Stanley................................................................ 362....... 33
Questions Taken on Notice
Presentations by Councillors
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 Proposed rezoning of part Lot 10 DP 1162812, Heathcote Road, Hammondville, 'Hammondville Park'
Reason: Item CONF 01 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 02 Key Sites Master Planning Steering Committee Minutes from Meeting held 3 March 2015
Reason: Item CONF 02 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 03 Appointment of Community representatives on
Civic Advisory Committee
Reason: Item CONF 03 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 04 Legal Affairs Report
Reason: Item CONF 04 is confidential pursuant to the provisions of s10(A)(2)(c) (d ii) (g) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
CONF 05 Liverpool City Centre LEP Review
Reason: Item CONF 05 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
CONF 06.. Compulsory acquisition of Lot 1 DP 514817, 64 Scott Street, Liverpool
Reason: Item CONF 06 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
CONF 07.. Compulsory acquisition of part Lot 1 DP 1201516, 352-362 Macquarie Street, Liverpool for road purposes
Reason: Item CONF 07 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 08.. Stage Two Liverpool Strategic Service Delivery Partnership
Reason: Item CONF 08 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.
Close
MINUTES OF THE Ordinary Meeting
HELD ON 25 February 2015
PRESENT:
Mayor Ned Mannoun
Councillor Balloot
Councillor Hadchiti
Councillor Hadid
Councillor Harle
Councillor Karnib
Councillor Mamone
Councillor Ristevski
Councillor Shelton
Councillor Stanley
Councillor Waller
Mr Carl Wulff Chief Executive Officer
Mr Gary Grantham, Chief Financial Officer / Director Corporate Services
Ms Toni Averay, Director Planning and Growth
Ms Kiersten Fishburn, Director Community and Culture
Mr Gino Belsito, Director City Presentation
Mr Michael Cullen, Director Economy and Engagement
Mr Raj Autar, Director Infrastructure and Environment
Ms Carole Todd, Director Business Improvement
Mr John Morgan, Director Property and Commercial Development
The meeting commenced at 6.02pm.
OPENING 6.02pm
PRAYER The prayer of the Council was read by Reverend David Clarke from Hoxton Park Anglican Church.
APOLOGIES Nil
CONDOLENCES Nil
Confirmation of Minutes
Motion: Moved: Clr Harle Seconded: Clr Ristevski
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That the minutes of the
Ordinary Meeting held on 4 February 2015 be confirmed as a true
On being put to the meeting the motion was declared CARRIED. |
Declarations of Interest
Clr Stanley declared a pecuniary interest in the following item:
Item NOM 02: Phase Three Land Reclassifications and Rezonings
Reason: Clr Stanley owns property in the vicinity of one of the
proposed parks.
Clr Stanley left the Chambers for the duration of this item.
Clr Shelton declared a pecuniary interest in the following item:
Item CONF 05: ST2393 - Tender for the provision of Legal Services to
Liverpool City Council
Reason: Clr Shelton has multiple business dealings at commercial rates
with nearly all of the tenderers.
Clr Shelton left the Chambers for the duration of this item.
Public Forum
Presentation – Items not on agenda
1. Mr Vele Trpevski addressed Council on the floods in the Republic of Macedonia.
2. Ms Angelina Kuiper addressed Council on rubbish being left on Bathurst Street (between Campbell and Lachlan Street) and the need for more regular rubbish collections.
(Representation – items on agenda)
1. Mr John Lupton from ShareCare Organisation addressed Council on the following item:
Item NOM 04 - Inaugural Mayoral and Councillor Ball
2. Ms Sharon Hughes addressed Council on the following item:
Item DPG 02 – Draft Liverpool Local Environmental Plan 2008 (Amendment No.46) – Macleod Park Master Plan Post-Exhibition Report.
Motion: Moved: Clr Hadchiti Seconded: Clr Mamone
That a two minute extension of time be given to Ms Sharon Hughes.
On being put to the meeting the motion was declared CARRIED.
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Mayoral Minute SUBJECT: Miracle Babies Turns Ten |
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Liverpool is home to many grassroots not-for-profit organisations which provide a great deal of support to our residents with limited resources. One organisation which has prospered and grown far beyond Liverpool’s borders is the Miracle Babies Foundation which is chaired by former NSW Premier, Mr Morris Iemma and lead operationally, by CEO Ms Melinda Cruz.
As many of you will know the foundation started at Liverpool Hospital 10 years ago and supports premature and sick newborns and their families. I attended their 10th birthday celebration last week at Liverpool Hospital with the Member for Menai, Melanie Gibbons MP. It would not surprise many of you to know that this is an issue close to my heart.
Mr Iemma and Ms Cruz both spoke with great humility and thanked Council for their continued support of the foundation and its work. More importantly they spoke of the inspirational journey of the foundation’s creation, with many in the crowd shedding a tear in celebration of the lives saved by facilities and staff funded by Miracle Babies.
The Miracle Babies story shows just what can be achieved through hard work and dedication in the face of tremendous adversity. |
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RECOMMENDATION:
That Council write to the CEO and Board of Miracle Babies congratulating them on their continued success and contribution to Liverpool Hospital over the last decade.
Motion: Moved: Mayor Mannoun
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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Mayoral Minute SUBJECT: John Edmondson Memorial VC Park Safety |
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I have received representation from residents in Wattle Grove and the Member for Menai Ms Melanie Gibbons MP regarding safety at John Edmondson Memorial VC Park.
The park provides pedestrian access to Birdwood and Bridges Avenues but Ms Gibbons has advised that the residents feel unsafe using the pathways in the evening due to the lack of lighting.
I am informed that lighting is often not provided for smaller parks such as John Edmondson Memorial VC Park, because it is believed that such lighting can attract anti-social elements. But in this case, given that pedestrian access for extended periods is a priority for residents, lighting may be a reasonable request.
Due to how Wattle Grove was planned there are numerous parks that fit this description. |
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RECOMMENDATION:
That Council:
1. Provide a report to Council on the safety of users of John Edmondson Memorial VC Park, and other relevant parks in Wattle Grove, with particular regard to the lighting and configuration of the park.
2. Write to the residents of Wattle Grove to request feedback on the safety and quality of recreation spaces in their local area.
Motion: Moved: Mayor Mannoun
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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Mayoral Minute SUBJECT: Toda School Exchange Program |
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Council has been approached by the former principal of John Edmonson High School, Gary Joannides about the Toda School Exchange Program which Council has previously funded and supported. The program has typically involved 15 high school students from Liverpool visiting Toda City, Japan and 15 students from Toda visiting Liverpool, and has become a long-term cultural exchange with significant good will established. Unfortunately in the wake of Fukushima Daiichi Nuclear Disaster, Council and High Schools across the Local Government Area were forced to halt their participation in the program due to concerns about potential nuclear radiation. Partnering Council in this program was the Toda International Friendship Association who, in this period of lapsed Council involvement, have continued to send their students to Sydney and to Liverpool. The program is one of the longest running student exchange programs in Australia and is part of our continuing Sister City relationship with Toda. Since 1993, more than 600 students plus teachers from both Sister Cities have participated in the program. I believe it has brought about a deeper understanding of Japanese culture amongst high school aged residents and their families, and is of particular benefit to those studying the Japanese language at high school, which is a nation of growing importance to Australia’s future. It also reinforces to Council and the community the importance of cross cultural dialogue in this age of global interconnectedness, building upon our existing relationship with Toda City. In light of the absence of safety concerns in Toda, I would like to support Gary Joannides’ approach to rekindle our exchange program. |
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RECOMMENDATION:
That Council:
1. Allocate $50,000.00 in the 2015/2016 Council Budget to the Toda School Exchange Program.
2. Write to Toda City and the Toda International Friendship Association thanking them for their continued friendship and informing them of Council’s resolution to renew funding for the Toda Student Exchange Program.
3. Write to the principals of high schools in the Local Government Area to inform them of Council’s resolution.
Motion: Moved: Mayor Mannoun
That Council:
1. Consider allocating $50,000.00 in the 2015/2016 Council Budget to the Toda School Exchange Program.
2. Write to Toda City and the Toda International Friendship Association thanking them for their continued friendship and informing them of Council’s resolution to renew funding for the Toda Student Exchange Program subject to the budget approval process.
3. Pending the outcome of the budget approval process, write to the principals of high schools in the Local Government Area to inform them of Council’s resolution.
4. Staff look at all ramifications of safety before sending Liverpool students to Toda City.
On being put to the meeting the motion was declared CARRIED. |
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Mayoral Minute SUBJECT: Macedonian Flood Assistance |
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Recently, the Republic of Macedonia has experienced dramatic flooding throughout regions of the Pelagonia Valley and large portions of Eastern Macedonia.
This has displaced thousands of people and affected the lives of countless others. It has also lead to the destruction of significant infrastructure and mass evacuations.
Liverpool’s highly multicultural makeup means that families in our community have directly or indirectly been affected by this natural disaster. Many have come forward to support the efforts of the Macedonian Red Cross’ Flood Appeal, and our community has come to particular note for its outstanding efforts on this front.
We benefit greatly from the contribution the Macedonian community makes to Liverpool, and to this end Council would like to follow the example of Rockdale Council in showing our support to our communities’ fundraising efforts in this time of need. |
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RECOMMENDATION:
That Council:
1. On behalf of the City of Liverpool provide $5,000 to the Macedonian Flood Appeal which is being managed by the Embassy of the Republic of Macedonia on behalf of the Macedonian Red Cross.
2. Acknowledges the significant efforts of the Macedonian community in Liverpool and Sydney more broadly to support the relief efforts of the Macedonian Red Cross
3. Reaffirms its support for the Macedonian Community in Liverpool and Australia, in writing to the Ambassador of the Republic of Macedonia in Canberra, Vele Trpevski.
Motion: Moved: Mayor Mannoun
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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Mayoral Minute SUBJECT: Chief Executive Officer's 6 Monthly Performance Review - 1 July 2014 to 31 December 2014 |
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This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:
(a) personnel matters concerning particular individuals. |
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RECOMMENDATION:
That Council:
Receives and notes the Mayoral Minute on behalf of the Chief Executive Officer Performance Review Committee (PRC).
Motion: Moved: Mayor Mannoun
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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Notices of Motion
ITEM NO: NOM 01
FILE NO: 023453.2015
SUBJECT: Northumberland Serviceway
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NOTICE OF MOTION
That Council:
1. Reviews Northumberland Service way, Liverpool
2. Takes steps to ensure that all garbage bins are properly stowed within premises as required by relevant DA.
3. Takes steps to ensure that business do not store goods or garbage or trolleys on the roadway obstructing traffic.
4. Addresses the use of the service way as an extension of business premises. Especially the use of forklifts to move goods holding up traffic.
5. Direct business to remove all accumulated rubbish.
6. Reports back to Council at its May meeting.
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COUNCIL DECISION
Motion: Moved: Clr Balloot Seconded: Clr Ristevski
That Council:
1. Acknowledge Councillor Hadid’s notice of motion of 29 October 2014 entitled “CBD Waste Strategy” which called for a review of waste policies in the CBD, investigation of more frequent pick-ups and shared bins, and consideration of ways of encouraging businesses to share bins and shield them from the public.
2. Note that the issue of bins in the service ways has already been raised in Council, and that the investigation of real solutions to these problems is underway.
3. Appreciate Councillor Stanley’s concern on this issue.
4. Request a briefing from Council officers, on a monthly basis on progress of Councillor Hadid’s motion, including the identification of possible locations for shared bins.
5. Action relating to Northumberland Serviceway be seen as a priority and progress on this be reported to Council at the May Council meeting.
On being put to the meeting the motion was declared CARRIED. |
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Clr Stanley left the Chambers at 6.49pm.
ITEM NO: NOM 02
FILE NO: 036263.2015
SUBJECT: Phase Three Land Reclassifications and Rezonings
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NOTICE OF MOTION
That Council forthwith discontinue its attempts to reclassify and rezone the following properties:
· 124A Wonga Road, Lurnea (McCarthy Park) · Part of 15 Qantas Boulevard, Middleton Grange (Part of Stante Reserve) · 8 Ferrington Crescent, Liverpool (Ferrington Park) · 20A Frazer Avenue, Lurnea (Baker Park) · 84A St Andrews Boulevard, Casula (St Andrews Park) · 26 Wendlebury Road, Chipping Norton (Wendlebury Park) · 2A Deerwood Avenue, Liverpool (Hazel Bradshaw Park) · 22 Box Road, Casula (Mimosa Park) · 72A Grevillea Crescent, Prestons (Acacia Park) · 9 Gunsynd Avenue, Casula (Part of Thawaral Park) · 10 Anjudy Close, Casula (Part of Thawaral Park) · 230 Newbridge Road, Moorebank (Part of Regan Park) · 99-101 Rose Street, Liverpool (Part of Pearce Park) · 12A Brain Avenue, Lurnea (Hannan Park)
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Mamone
That Council:
1. Notes that extensive analysis undertaken before the reclassification of the land in question.
2. Notes that to not proceed with the process would make a mockery of Council’s lengthy consideration of this matter.
3. Notes that without the current Council’s sensible asset management, we would not be in position to deliver the improvements in amenity and facilities that are underway and planned.
4. Notes that Liverpool Council’s sound asset management should not be reversed due to irrelevant state elections elsewhere in Australia.
5. Notes that such facilities and amenities are put at risk by attempts to undo this process.
On being put to the meeting the motion was declared CARRIED.
Division called:
Vote for: Mayor Mannoun
Clr Balloot
Clr Hadchiti
Clr Hadid
Clr Mamone
Clr Ristevski
Vote against: Clr Harle
Clr Karnib
Clr Shelton
Clr Waller
Clr Stanley was not in the Chambers when this item was voted on.
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ITEM NO: NOM 03
FILE NO: 036401.2015
SUBJECT: Matching Sports Grants
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NOTICE OF MOTION
That Council:
1. Allocate $50,000.00 in the 2015/16 budget to a Matching Grants program for local sporting organisations to commence in July 2015.
2. Direct the CEO to develop draft guidelines, application forms, assessment criteria and a charter for an assessment panel which includes Councillor representation.
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Mayor Mannoun
That Council:
1. Consider allocating $200,000.00 in the 2015/16 budget to a Matching Grants program for local sporting organisations to commence in July 2015.
2. Direct the CEO to develop draft guidelines, application forms, assessment criteria and a charter for an assessment panel which includes Councillor representation.
3. Note that the funds will be subject to CPI increases.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: NOM 04
FILE NO: 036478.2015
SUBJECT: Inaugural Mayoral and Councillor Ball
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NOTICE OF MOTION
That:
1. Council hold the 2015 annual Mayor and Councillor Ball at the Liverpool Catholic Club on 29 August 2015
2. The proceeds of the Ball from ticket sales, raffles, auctions and sponsorship to go to Share Care and Liverpool Women's Health Centre. Council will be the facilitator of ticket sales.
3. A Ball organising committee be established and consist of the Mayor, Deputy Mayor and Councillor Sabrina Mamone.
4. Council fund the advertising of the Ball in the Liverpool City Champion, Liverpool Leader, Council website and the Council newsletter that gets sent out with the rates.
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COUNCIL DECISION
Motion: Moved: Clr Ristevski Seconded: Clr Hadchiti
That: 1. Council hold the 2015 annual Mayor and Councillor Ball at the Liverpool Catholic Club on 22 August 2015.
2. The proceeds of the Ball from ticket sales, raffles, auctions and sponsorship to go to a recipient associated with Liverpool Hospital and to Share Care. Council will be the facilitator of ticket sales.
3. A Ball organising committee be established and consist of the Mayor, Deputy Mayor and Councillor Sabrina Mamone. This committee with participate in the existing regular meetings of the Ball organisers and Council staff to ensure the progress of the preparations for the Ball. A representative from Share Care and a representative from Liverpool Hospital be part of the Committee.
4. Council fund the advertising of the Ball in the Liverpool City Champion, Liverpool Leader, Council website and the Council newsletter that gets sent out with the rates.
On being put to the meeting the motion was declared CARRIED.
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Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That CONF 08 be brought forward and dealt with now.
On being put to the meeting the motion was declared CARRIED.
ITEM NO: CONF 08
FILE NO: 018167.2015
SUBJECT: Design and Construction of the Carnes Hill Precinct
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RECOMMENDATION
That Council:
1. Accepts the Tender from Kane Constructions Pty Ltd for WT2401 – Contract Relating to the Design and Construction of Carnes Hill Recreation Precinct at the GST inclusive price specified in the Confidential Report. 2. Makes public its decision regarding tender WT2401 - Contract Relating to the Design and Construction of Carnes Hill Recreation Precinct. 3. Notes that the Director – Infrastructure & Environment will finalise all details and sign the Letter of Acceptance following publication of the draft minutes on Council’s website for the tender, giving it contractual effect, in accordance with delegated authority. 4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That Council:
1. Accepts the Tender from Kane Constructions Pty Ltd for WT2401 – Contract Relating to the Design and Construction of Carnes Hill Recreation Precinct at the GST inclusive price of $30,481,322.20.
2. Makes public its decision regarding tender WT2401 - Contract Relating to the Design and Construction of Carnes Hill Recreation Precinct.
3. Notes that the Director – Infrastructure & Environment will finalise all details and sign the Letter of Acceptance following publication of the draft minutes on Council’s website for the tender, giving it contractual effect, in accordance with delegated authority.
4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
5. Thank staff for their work on this project, in particular Raj Autar, Albert Galetta and Neeraj Kumar and their teams.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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Development Application Determination Report
ITEM NO: DAD 01
FILE NO: 039400.2015
SUBJECT: Development Application DA-426/2014 at Lot 31 and Lot 32 in DP 1181985, Brickmakers Drive, Moorebank seeking approval for a staged subdivision
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RECOMMENDATION
That Council approves Development Application DA-426/2014 subject to the recommended conditions of consent attached to this report.
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COUNCIL DECISION
Motion: Moved: Clr Stanley Seconded: Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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Chief Financial Officer
ITEM NO: CFO 01
FILE NO: 279909.2014
SUBJECT: Revised Investment Policy
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RECOMMENDATION
That Council’s adopts the revised Investment Policy.
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COUNCIL DECISION
Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CFO 02
FILE NO: 003802.2015
SUBJECT: Adoption of Civic Advisory Committee Charter and Amendments to Australia Day Awards Recipients Policy and Order of Liverpool Awards Policy
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RECOMMENDATION
That Council:
1. Note this report.
2. Adopt the Civic Advisory Committee Charter and amended Australia Day Awards Recipients Policy and the amended Order of Liverpool Awards Policy, as attached to this report.
3. Notes that expressions of interest for community members are being invited with a view to holding the first Committee meeting in March 2015.
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COUNCIL DECISION
Motion: Moved: Clr Mamone Seconded: Clr Ristevski
That Council:
7.3.a “Former Mayors and Councillors of Council (as observers only)”
On being put to the meeting the motion was declared CARRIED. |
ITEM NO: CFO 03
FILE NO: 004352.2015
SUBJECT: Adoption of Fraud and Corruption Prevention Policy
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RECOMMENDATION
That Council:
1. Note this report.
2. Revoke Council’s current Fraud and Corruption Prevention Policy and Fraud and Corruption Prevention Plan.
3. Adopt the Fraud and Prevention Policy, as attached to this report.
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CFO 04
FILE NO: 006974.2015
SUBJECT: December Community Performance Reort
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RECOMMENDATION
That Council receives and notes the December Community Performance Report which outlines the progress of all principal activities contained in the 4-year Delivery Program and Operational Plan 14/15.
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COUNCIL DECISION
Motion: Moved: Clr Shelton Seconded: Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CFO 05
FILE NO: 025967.2015
SUBJECT: Investment Report January 2015
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RECOMMENDATION
That Council receives and notes this report.
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COUNCIL DECISION
Motion: Moved: Clr Shelton Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CFO 06
FILE NO: 027984.2015
SUBJECT: 2016 Local Government Elections
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RECOMMENDATION
That Council:
1. Pursuant to s.296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the NSW Electoral Commissioner to administer all elections of the Council.
2. Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a Council poll arrangement be entered into by contract for the NSW Electoral Commissioner to administer all Council polls of the Council.
3. Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the NSW Electoral Commissioner to administer all constitutional referenda of the Council.
4. Grants delegation to the CEO or his delegate to execute the contract for the 2016 Liverpool City Council elections to the estimated value of $832,919 and where possible negotiate on commercial terms how the election will be administered and final monetary value of the contract; and
5. Requests the CEO to notify the Office of Local Government and the NSW Electoral Commissioner of Council’s resolution.
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COUNCIL DECISION
Motion: Moved: Mayor Mannoun Seconded: Clr Hadid
That Council:
1. Pursuant to s.296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the NSW Electoral Commissioner to administer all elections of the Council.
2. Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a Council poll arrangement be entered into by contract for the NSW Electoral Commissioner to administer all Council polls of the Council.
3. Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the NSW Electoral Commissioner to administer all constitutional referenda of the Council.
4. Grants delegation to the CEO or his delegate to execute the contract for the 2016 Liverpool City Council elections to the estimated value of $832,919 and where possible negotiate on commercial terms how the election will be administered and final monetary value of the contract; and
5. Requests the CEO to notify the Office of Local Government and the NSW Electoral Commissioner of Council’s resolution.
6. Be consulted on the location of booths, in particular the location of pre-poll.
On being put to the meeting the motion was declared CARRIED.
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31
ITEM NO: CFO 07
FILE NO: 032723.2015
SUBJECT: December 2014 Budget Review
|
RECOMMENDATION
That Council:
1. Receives and notes the report;
2. Approves the identified budget variations in accordance with this report.
|
|
COUNCIL DECISION
Motion: Moved: Clr Balloot Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
|
ITEM NO: CFO 08
FILE NO: 033938.2015
SUBJECT: Council Reserves
|
RECOMMENDATION
That Council:
1. Receives and notes the report;
2. Approves the recommended changes to Council Reserves structure.
|
|
COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That Council:
2. Defer this matter for an in-depth briefing.
On being put to the meeting the motion was declared CARRIED.
|
33
Clr Stanley returned to the Chambers at 7.39pm.
Community and Culture Report
ITEM NO: DCC 01
FILE NO: 003963.2015
SUBJECT: Donations, Grants and Sponsorships
|
RECOMMENDATION
That Council endorses the Financial Contributions Panel's recommendations for the provision of $6,000 under the Corporate Sponsorship Program as summarised in the table below:
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||||||
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
|
ITEM NO: DCC 02
FILE NO: 015575.2015
SUBJECT: Liverpool Listens Evaluation Report
|
RECOMMENDATION
That Council:
1. Receives and notes this report
2. Approves $80,000 (excluding GST) to continue the subscription to Engagement HQ supplied by Bang the Table for a further three years and allocates funds from the Special Projects Reserve to cover this cost
3. Receives a further evaluation report on the effectiveness of Liverpool Listens in February 2016
|
|
COUNCIL DECISION
Motion: Moved: Mayor Mannoun Seconded: Clr Mamone
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Division called:
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski
Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller
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35
Clr Waller left the Chambers at 7.41pm.
Clr Mamone left the Chambers at 7.42pm.
Planning and Growth Report
ITEM NO: DPG 01
FILE NO: 017403.2015
SUBJECT: East Leppington Contributions Plan
|
RECOMMENDATION
That Council exhibits the draft Liverpool Contributions Plan 2015 (East Leppington Precinct).
|
|
COUNCIL DECISION
Motion: Moved: Clr Hadid Seconded: Clr Ristevski
That Council:
1. Exhibits the draft Liverpool Contributions Plan 2015 (East Leppington Precinct).
2. Staff report back to Council on the outcomes of the section 94 review as a matter of urgency.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Councillors Mamone and Waller were not in the Chambers when this item was voted on.
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37
ITEM NO: DPG 02
FILE NO: 020897.2015
SUBJECT: Draft Liverpool Local Environmental Plan 2008 (Amendment No. 46) - Macleod Park Master Plan Post-Exhibition Report
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RECOMMENDATION
That Council:
1. Adopts Draft Liverpool Local Environmental Plan 2008 (Amendment No. 46) and forwards a copy of the attached planning proposal and supporting documentation to the Department of Planning for finalisation.
2. Notifies to those who provided written submissions and attended the public hearing advising of Council’s decision.
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|
COUNCIL DECISION
Motion: Moved: Clr Shelton Seconded: Clr Stanley
That Council
Foreshadowed motion: Moved: Clr Hadchiti Seconded: Clr Ristevski
That Council defer DPG 02 and CONF 01 for further discussion at a Councillor Briefing Session, as they are items relating to similar subjects.
On being put to the meeting the motion (moved by Clr Shelton) was declared LOST.
Vote for: Clr Karnib Clr Harle Clr Shelton Clr Stanley Clr Waller
Vote against: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski
The Foreshadowed Motion (moved by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski
Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller
|
Mayor Mannoun called for a recess at 8.03pm.
Mayor Mannoun reopened the meeting at 8.23pm.
ITEM NO: DPG 03
FILE NO: 022133.2015
SUBJECT: Draft Liverpool Local Environmental Plan 2008 (Amendment No.41) Post-Exhibition Report
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RECOMMENDATION
That Council:
1. Adopts Draft Liverpool Local Environmental Plan 2008 (Draft Amendment No. 41) and forward a copy of the attached planning proposal and supporting documentation to the Department of Planning for finalisation.
2. Notifies to those who attended the public hearing to advise them of Council’s decision.
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COUNCIL DECISION
Motion: Moved: Mayor Mannoun Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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39
Property and Commercial Development Report
ITEM NO: DPC 01
FILE NO: 023974.2015
SUBJECT: Proposed reclassification of Lot 154 DP 867979 and Lot 3046 DP 869842, Bernera Road, Prestons to 'Operational' land
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RECOMMENDATION
That Council:
1. Agrees to commence the process of reclassification of Lot 154 DP 867979 and Lot 3046 DP 869842, Bernera Road, Prestons, through an amendment to the Liverpool Local Environmental Plan 2008; and 2. Receives a further report following the public exhibition process with a recommendation as to proceeding with the reclassifications.
|
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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41
Committee Reports
ITEM NO: CTTE 01
FILE NO: 018857.2015
SUBJECT: Local Traffic Committee Minutes of Meeting held on 21 January 2015
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RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 21
January 2015. 2. Adopts the following recommendations of the Local Traffic Committee meeting: Item 1 Bigge Street and Speed Street, Liverpool – Proposed Minor Interim Intersection Treatment i. Approves the proposed interim minor intersection treatment.
Item 2 Flowerdale Road, Liverpool – Proposed Pedestrian Refuge i. Approves a pedestrian refuge on Flowerdale Road south of Moore Street. ii. Appropriate community consultation is to be carried out prior to installation.
Item 3 Liverpool City Centre – Proposed Changes to Car Parking Restrictions at Various Locations i. Approves parking restrictions in the Liverpool City Centre as shown in the minutes for the following locations: · Location 1 – Macquarie Street south of Castlereagh Street · Location 2 – Macquarie Street north of Terminus Street · Location 3 – Macquarie Street south of Pirie Street · Location 4 – Norfolk Service Way opposite Norfolk Lane · Location 5 – Scott Street between Macquarie Street and George Street.
Item 4 Wilson Road, Green Valley – Proposed Line Marking Scheme and Pedestrian Refuge i. Approves the Wilson Road reconstruction sign posting and line marking scheme and two pedestrian refuges.
Item 5 Elizabeth Street and Bigge Street, Liverpool – Proposed Line Marking Scheme for Shared Path i. Approves signs and line marking scheme for the proposed shared paths.
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COUNCIL DECISION
Motion: Moved: Mayor Mannoun Seconded: Clr Waller
That Council:
1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 21
January 2015. 2. Adopts the following recommendations of the Local Traffic Committee meeting:
Item 1 Bigge Street and Speed Street, Liverpool – Proposed Minor Interim Intersection Treatment i. Approves the proposed interim minor intersection treatment.
Item 2 Flowerdale Road, Liverpool – Proposed Pedestrian Refuge i. Approves a pedestrian refuge on Flowerdale Road south of Moore Street. ii. Appropriate community consultation is to be carried out prior to installation.
Item 3 Liverpool City Centre – Proposed Changes to Car Parking Restrictions at Various Locations i. Approves parking restrictions in the Liverpool City Centre as shown in the minutes for the following locations: · Location 1 – Macquarie Street south of Castlereagh Street · Location 2 – Macquarie Street north of Terminus Street · Location 3 – Macquarie Street south of Pirie Street · Location 4 – Norfolk Service Way opposite Norfolk Lane ii. Location 5 – Scott Street between Macquarie Street and George Street be deferred to the Traffic Committee before a decision is made for statistical evidence on the feasibility of parking to be provided. Council note that this may not be possible on Thursday nights.
Item 4 Wilson Road, Green Valley – Proposed Line Marking Scheme and Pedestrian Refuge i. Approves the Wilson Road reconstruction sign posting and line marking scheme and two pedestrian refuges.
Item 5 Elizabeth Street and Bigge Street, Liverpool – Proposed Line Marking Scheme for Shared Path i. Approves signs and line marking scheme for the proposed shared paths.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CTTE 02
FILE NO: 026628.2015
SUBJECT: Minutes of the Budget and Finance Committee held on 5 February 2015
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RECOMMENDATION
That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 5 February 2015.
|
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COUNCIL DECISION
Motion: Moved: Clr Waller Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
|
43
ITEM NO: CTTE 03
FILE NO: 028157.2015
SUBJECT: Minutes of Economic Development and Events Committee meeting held 5 February 2015
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RECOMMENDATION
That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 5 February 2015.
|
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COUNCIL DECISION
Motion: Moved: Clr Waller Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CTTE 04
FILE NO: 028163.2015
SUBJECT: Minutes of Badgerys Creek Airport Taskforce meeting held 5 February 2015
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RECOMMENDATION
That Council receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 5 February 2015.
|
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COUNCIL DECISION
Motion: Moved: Clr Waller Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
|
45
ITEM NO: CTTE 05
FILE NO: 028166.2015
SUBJECT: Minutes of Building Our New City Committee meeting held 5 February 2015
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RECOMMENDATION
That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 5 February 2015.
|
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COUNCIL DECISION
Motion: Moved: Clr Waller Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CTTE 06
FILE NO: 028516.2015
SUBJECT: Meeting Notes of the Liverpool Youth Council meeting held on 3 February, 2015
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RECOMMENDATION
That Council receives and notes the Meeting Notes of the Liverpool Youth Council Meeting held on 3 February 2015.
|
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COUNCIL DECISION
Motion: Moved: Clr Waller Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
|
47
Questions with Notice
ITEM NO: QWN 01
FILE NO: 027352.2015
SUBJECT: Question with Notice - Clr Stanley
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I refer to the Gateways at Warwick Farm and the Hume Highway, and the Hume Highway at the Cross roads.
Can I please be provided with the following information: 1. Cost of the work per Gateway Site The cost for the gateway is approximately $50,000.
2. How many sites have been completed? Two sites have been completed.
3. Where are they? On the corner of Governor Macquarie Drive and the Hume Highway, Warwick Farm and Camden Valley Way Casula directly across from Bunnings.
4. What sites are still to be completed/estimated completion dates? At this stage no further gateways will be constructed.
5. How often will the planting need to be updated (other than plants which die or are vandalised)? Most of the plants that have been selected are hardy and suitable for this application. Some annuals species have been introduced in front of the wall to enhance the colour of the garden beds, however we are also considering other plant species that will achieve the same objectives without the need for replacement.
6. Have natives been used? If not why? Native plants have not been used in the current 2 Gateway locations as the design objective was to create a formal, vibrant and symmetrical garden that would enhance the appearance of the wall. The public feedback to date has been very positive and has significantly raised the profile of Liverpool. Native plant species can be considered in any future Gateways.
7. What will the maintenance costs be for the gateways? Prior to the construction of the Gateways Council was already incurring maintenance costs for the provision of grass mowing, rubbish removal and weed control. Since the Gateways have been established it has been noticed that the general rubbish has reduced and the sites are easier to maintain as the area around the gardens have been cleared and are level which makes mowing more efficient. However additional costs will be incurred for the replacement of the annual plants and this is expected to be approximately $4,000 per annum. This cost may be reduced if a suitable replacement species is introduced that will not require seasonal replacement. |
49
ITEM NO: QWN 02
FILE NO: 036133.2015
SUBJECT: Question with Notice - Clr Stanley
|
Please address the following:
1. Can I be advised if a report has been prepared for Council on the outcomes of the attached Liverpool Heritage Strategy 2011-2014? If this has been presented can I be provided with a copy? If not when will such a report be ready?
2. Can I be advised the progress of the review regarding the Heritage Conservation Management Plan as described on Liverpool Council website http://www.liverpool.nsw.gov.au/council/policies-and-forms/forms-publications-and-policies
3. Does Council require in its DA process an archaeological report for areas especially in the CBD that are likely because of their uses of the last two hundred years to contain items of interest?
4. What requirements must be met if items of significance are found?
5. Is there a process to determine areas of Aboriginal significance and how these areas are dealt with in any potential Development Application?
A response to this question will be provided in the March 2015 business papers.
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49
ITEM NO: QWN 03
FILE NO: 036146.2015
SUBJECT: Question with Notice - Clr Stanley
|
Please address the following:
Can I be advised if a decision has been made as to where and when the Cenotaph in the Mall will be relocated and the projected cost?
A response to this question will be provided in the March 2015 business papers.
|
51
ITEM NO: QWN 04
FILE NO: 036211.2015
SUBJECT: Question with Notice - Clr Hadchiti
|
Please address the following:
Subdivision applications that require a variation to the LLEP follow a different process in order to obtain approval ie. IHAP.
Is Council aware of any best practise from other Councils where creating a certain number of new lots triggers the IHAP/Full Council approval process?
A response to this question will be provided in the March 2015 business papers.
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|
Motion: Moved: Clr Hadchiti Seconded: Mayor Mannoun
Except where subdivision proposals are highly controversial or likely to attract significant public interest, three or more Councillors may advise the Manager Development Assessment to refer the application to Council for determination.
On being put to the meeting the motion was declared CARRIED.
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51
ITEM NO: QWN 05
FILE NO: 036221.2015
SUBJECT: Question with Notice - Mayor Mannoun
|
Please address the following:
What planning proposals are currently being assessed and when will councillors be briefed on these? What role should councillors play as representatives of the community in determining the shape and look of the city in strategic planning matters?
A response to this question will be provided in the March 2015 business papers. |
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Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti
That Council staff prepare a report to the March Council meeting that contains options for a Planning and Development Committee consisting of all Councillors, similar to the City of Sydney Council.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CONF 01
FILE NO: 007244.2015
SUBJECT: Development Options of part Lot 3 DP 855930, 290 Braidwood Drive, Prestons
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RECOMMENDATION
That Council:
1. Agrees to sell part Lot 3 DP 855930, 290 Braidwood Drive, Prestons, by placing the property on the open market for sale by way of public auction through a local real estate agent once the property is rezoned and reclassified; 2. Agrees to set the reserve price for the public auction as outlined in the confidential report;
3. Authorises Council officers to prepare and lodge a development application to create a separate lot for the portion of Lot 3 DP 855930, 290 Braidwood Drive, Prestons, to be sold;
4. Authorizes the Chief Executive Officer or his nominee to negotiate the sale of part of Lot 3 DP 855930, if not sold under the hammer, for a sale price of not less than five percent below the reserve price, on the day of auction, and execute the contract for sale to facilitate the exchange of contracts on the day of the auction;
5. Agrees that if the property is not sold at auction it is immediately placed on the open market for sale by private treaty;
6. Transfers the net proceeds of sale into the relevant Section 94 Contribution Fund; and
7. Keeps confidential the details supplied in the confidential report pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
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COUNCIL DECISION
Note: This item was dealt with earlier at the meeting in conjunction with Item DPG 02 and deferred for further discussion at a Councillor Briefing Session. See page 30 and 31 of these minutes.
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53
ITEM NO: CONF 02
FILE NO: 026866.2015
SUBJECT: Key Sites Master Planning Steering Committee Minutes from Meeting held 3 February 2015
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RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 3 February 2015;
2. Adopts the recommendation put forward in this report; and
3. Keeps confidential the minutes supplied in this report containing information pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as it contains information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.
|
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COUNCIL DECISION
Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
|
55
ITEM NO: CONF 03
FILE NO: 026641.2015
SUBJECT: Ethics and Audit Committee meetings held on 11 February 2015
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RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Ethics and Audit Committee Meetings held on 11 February 2015;
2. Keeps confidential the minutes attached minutes containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.
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COUNCIL DECISION
Motion: Moved: Clr Waller Seconded: Clr Stanley
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
|
55
ITEM NO: CONF 04
FILE NO: 023892.2015
SUBJECT: RCL2046 Tree Maintenance Services
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RECOMMENDATION That Council: 1. Accepts the tenders submitted by the following tenderers and place them on a panel of Recognised Contractors for RCL2406 – Tree Maintenance Services for an initial two (2) year contract term with the option to extend by three (3) one year terms: · BJ’S Tree Service · Ascending Tree Services Pty Ltd, T/AS CPE Tree Services · TreeServe Pty Ltd 2. Makes public its decision regarding tender RCL2406 – Tree Maintenance Services. 3. Notes that the Director of City Presentation will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority. 4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
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COUNCIL DECISION
Motion: Moved: Clr Waller Seconded: Clr Stanley
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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57
Clr Shelton left the Chambers at 8.40pm.
ITEM NO: CONF 05
FILE NO: 026231.2015
SUBJECT: ST2093 - Tender for the provision of Legal Services to Liverpool City Council
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RECOMMENDATION That Council: 1. Approve the recommended list for ST2393 - Provision of External Legal Services, for an initial 3 year term with the option of extending for a period of 1 year. 2. Makes public its decision regarding tender ST2393 – Provision of External Legal Services. 3. Notes that the Director of Corporate Services (CFO) will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council’s website for the tender, giving it contractual effect in accordance with delegated authority. 4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
|
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COUNCIL DECISION
Motion: Moved: Clr Waller Seconded: Clr Stanley
That the recommendation be adopted.
Councillors voted unanimously for this motion.
Clr Shelton was not in the Chambers when this item was voted on.
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57
Clr Shelton returned to the Chambers at 8.42pm.
ITEM NO: CONF 06
FILE NO: 028071.2015
SUBJECT: ST2417 Implementation & Rollout of the New Liverpool City Brand
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RECOMMENDATION That Council: 1. Accept the Tender from Uberbrand Pty Ltd as Trustee for the Brand Trust for Tender ST2417 – New City Brand Implementation and Rollout for an initial 24 months contract term with the option of a 12 month extension at the price outlined in the confidential report. 2. Makes public its decision regarding tender ST2417 - New City Brand Implementation and Rollout. 3. Notes that the Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority. 4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
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COUNCIL DECISION
Motion: Moved: Clr Stanley Seconded: Clr Waller
That Council postpones the implementation and rollout of the new Liverpool City Brand until such time as the Fit for the Future and Council amalgamations have been decided.
Foreshadowed motion: Moved: Clr Hadchiti Seconded: Clr Mamone
That the recommendation be adopted.
On being put to the meeting the motion (moved by Clr Stanley) was declared LOST.
Vote for: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller
Vote against: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski
The Foreshadowed Motion (moved by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski
Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller
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ITEM NO: CONF 07
FILE NO: 027929.2015
SUBJECT: Committee for Liverpool
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RECOMMENDATION
That Council:
1. Approves establishment of the Committee for Liverpool.
2. Adopts the draft Charter for the Committee as attached to the report.
3. Appoints members as suggested in the report, subject to confirmation of final acceptance by individuals nominated.
4. Publicly releases further details of the membership composition of the Committee for Liverpool following final confirmation of the acceptance of membership.
5. Notes that the Committee for Liverpool will meet quarterly and that the inaugural meeting is scheduled for March 11, 2015.
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COUNCIL DECISION
Motion: Moved: Clr Ristevski Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Clr Shelton and Clr Waller asked that they be recorded as voting against the motion.
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THE MEETING CLOSED AT 9.01pm.
<Signature>
Name: Ned Mannoun
Title: Mayor
Date: 25 March 2015
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 25 February 2015. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.
61
Ordinary Meeting 25 March 2015
Notices of Motion
|
NOM 01 |
Committee meetings |
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Strategic Direction |
Leading Proactive Council Lead partnerships and collaboration with community, business and governments |
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Key Policy |
Committee Charters |
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File Ref |
060191.2015 |
|
Author |
Geoff Shelton - Councillor |
Background
In general council's committee meetings are governed by Council's Code of Meeting Practice (adopted 20 June 2014), the Local Government Act, 1993, the Local Government (General) Regulation 2005, particularly regulations 265 and 266, and associated common law. Regulation 266 of The Local Government (General) Regulation 2005, provides:
1) Each committee of a council must ensure that full and accurate minutes of the proceedings of its minutes are kept. In particular, a committee must ensure that the following matters are recorded in the committee's minutes:
a) details of each motion moved at a meeting and of any amendments to it,
b) the names of the mover and seconder of the motion or amendment,
c) whether the motion or amendment is passed or lost.
With respect to the committees of council of Liverpool City Council it appears a practice has evolved over some time in which 'action items' are outlined but no formal motions are recorded. The 'action items' are not described as formal motions, often are not couched as formal motions, and in any event no mover, seconder or other voting outcomes are given (assuming for a moment it is possible at any rate to 'move' or 'second' an 'action item' that is not presented as a formal motion).
Further, in nearly all committee meetings there is no formal call at the outset for declarations of conflicts of interest with a recording of the results (even where no conflicts of interests are disclosed).
While committees of council are conferred with limited powers to regulate their own procedures it is suggested that best practice involves in the future complying more closely with the aforementioned instruments, particularly, the Local Government (General) Regulation, 2005. It is also follows that the following proposed motion is consistent with and can be accommodated within the Code of Meeting Practice (in fact it seeks to ensure as much is adhered to) and is not therefore an attempt to amend the Code of Meeting Practice.
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That the CEO takes adequate steps to ensures all future committee minutes of each Committee of Council: 1. record all motions formally moved,
2. record the identity of the mover and seconder of each such motion together with the voting outcome, and such other information as may be referred to under the Local Government (General) Regulation, 2005
3. no longer record 'action items' (where it is not possible to identify the promoters (and dissenters) with respect to such items), and
4. record that declarations of conflicts of interest were called for at the commencement of each committee meeting and the result of such call (even where no conflicts of interest were disclosed).
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CONSIDERATIONS
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Economic and Financial |
There are no economic and financial considerations. |
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Environmental and Sustainability |
There are no environmental and sustainability considerations. |
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Social and Cultural |
There are no social and cultural considerations. |
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Civic Leadership and Governance |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
63
Ordinary Meeting 25 March 2015
Independent Hearing and Assessment Panel Report
|
IHAP 01 |
DA-490/2013 - Demolition of existing structures and erection of a seven storey commercial building at 220-230 Northumberland Street, Liverpool |
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Strategic Direction |
Vibrant Prosperous City Activate the city centre and develop vibrant places that attract people to Liverpool |
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Key Policy |
City Centre Strategy |
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File Ref |
039387.2015 |
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Report By |
Shannon Rickersey - Team Leader Development Assessment |
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Approved By |
Toni Averay - Director Planning & Growth |
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Property |
220 - 230 Northumberland Street, Liverpool |
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Owner |
Mr L Biordi, Mr D Biordi, Mrs F Biordi |
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Applicant |
B DE C Environmental Pty Ltd |
Executive Summary
Council has received and considered a development application DA-490/2013 proposing the construction of a seven storey commercial building at 220 – 230 Northumberland Street, Liverpool. The application was lodged with Council on 7 May 2013.
This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the proposal includes a request to vary Clause 7.14 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a site on which a building is to be erected has at least one frontage to a public street of at least 24 metres. The building street frontage is 10.06 metres, representing a variation of 58%.
The IHAP recommendation was to approve the application, subject to conditions of consent as contained within the Council Officer’s IHAP report (See Attachment 2).
|
That Council approves Development Application DA-490/2013, subject to the recommended conditions attached to the Council officer’s IHAP report (Attachment No 2). |
REPORT
Background
Council has received and considered a development application DA-490/2013 proposing construction of a seven storey commercial building at 220 – 230 Northumberland Street, Liverpool.
Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development includes a request to vary a development standard in excess of 10%; pursuant to Clause 4.6 of the LLEP 2008.
The application is accompanied by a written request to vary Clause 7.14 of the LLEP 2008 which requires a site on which a building is to be erected has at least one frontage to a public street of at least 24 metres.
The proposal was placed on advertising between 24 July and 8 August 2013. No submissions were received in response to the proposal.
The Site
The site is identified as Lots 1 & 2 in DP 504760 and is located at 220 - 230 Northumberland Street, Liverpool with a total land area of 328.8m². The site currently contains a two storey commercial building. The development is located within the Liverpool City Centre area.
An aerial map of the site is provided in Figure 1 below.
MOORE
STREET NORTHUMBERLAND
STREET SUBJECT
SITE
Figure 1: Locality Map
Details of the Proposal
The application seeks consent for the demolition of existing structures and erection of a seven storey commercial building comprising retail tenancies and pedestrian arcade on the ground floor; commercial tenancies on levels one to five; offices, and a roof top garden on level six.
The Issues
The proposed development generates a requirement for the provision of seven car parking spaces in accordance with LLEP 2008. The proposal does not provide onsite parking (for reasons outlined in the attached IHAP report); however the applicant has agreed to a pay a contribution to Council of $235,445 in lieu of providing on site car parking spaces by way of a planning agreement (attached to IHAP report) previously endorsed by Council at its meeting on 29 October 2014.
The proposal also includes a request to vary Clause 7.14 of the LLEP which relates to building street frontage, pursuant to Clause 4.6 of LLEP. The proposed variation to the street frontage control is 58%. The merits of the request to vary the standard have been considered by Council officer’s and IHAP. Council officer’s recommended the request be approved based upon the reasons outlined in the report considered by IHAP including the existing constraints on the allotment, the feasibility of redevelopment with adjoining properties, and endorsement of the building design by the Design Review Panel. The IHAP recommended approval of the variation based on this assessment.
Independent Hearing and Assessment Panel
The application was considered by the IHAP at their meeting on 23 February 2015. The panel made a recommendation to approve the proposal subject to two additional conditions requiring the preparation and implementation of a construction management plan that would allow continued access to the adjoining tenancies into the arcade during construction.
As part of the negotiations undertaken in respect of the planning agreement entered into between the owner of the site and Council, Council (via its officers including the then Manager of Property) took the view that access to the tenancies would be disrupted during construction and have taken measures including allowing the sites to become vacant, to minimise the disruption during construction. A benefit however would be provided to Council by formalising ongoing access arrangements through the arcade through a restriction on the 88B instrument. It is therefore considered that such conditions not be included as part of any consent.
Conclusion
The application has been assessed against the relevant considerations within Section 79C of the EP&A Act 1979. The application is considered to have merit and is unlikely to result in an adverse impact within the locality. Accordingly, the application is recommended for approval subject to the recommended conditions of consent.
CONSIDERATIONS
|
Economic and Financial |
Enhance the environmental performance of buildings and homes. Facilitate economic development. Further develop a commercial centre that accommodates a variety of employment opportunities (in the City Centre). |
|
Environmental and Sustainability |
Enhance the environmental performance of buildings and homes. |
Social and Cultural |
Preserve and maintain heritage, both landscape and cultural as urban development takes place. Support access and services for people with a disability. There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Applicant detailsView (Under separate cover)
2. IHAP reportView (Under separate cover)
3. IHAP recommendation for DA 490/2013 - 220-230 Northumberland Street LiverpoolView (Under separate cover)
68
Ordinary Meeting 25 March 2015
Independent Hearing and Assessment Panel Report
|
IHAP 02 |
DA-597/2014 - Staged subdivision to create a total of 20 Torrens title lots over two stages at 5 Angelina Court, Green Valley |
|
Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
|
Key Policy |
Urban Development Plans |
|
File Ref |
042262.2015 |
|
Report By |
Nabila Samadie - Senior Development Planner |
|
Approved By |
Toni Averay - Director Planning & Growth |
|
Property |
5 Angelina Court, Green Valley |
|
Owner |
A Oliveri |
|
Applicant |
Project Surveyors |
Executive Summary
Council is in receipt of a Development Application for the staged subdivision of the site to create a total of 20 Torrens title lots over two stages as follows:
Stage 1: Subdivision to create 3 superlots (including retention of the existing dwelling over part of proposed lot 2) and creation of a residue lot for future dedication to Council for the Rodeo Drive extension.
Stage 2: Subdivision of proposed lots 1, 2 and 3 creating a total of 20 Torrens title lots.
This application was lodged on 3 July 2014.
The development application was referred to the Independent Hearing and Assessment Panel (IHAP) for consideration at their meeting on 23 February 2015. The panel has recommended that the application be approved, subject to recommended conditions of consent attached to the Council officer’s IHAP report.
|
That Council approves Development Application No.597/2014 for a Staged subdivision to create a total of 20 Torrens title lots over two stages at 5 Angelina Court, Green Valley (Lot 201 DP 1175213), subject to the recommended conditions of consent attached to the Council officer’s IHAP report. |
REPORT
Background
Development Application No.597/2014 seeks consent for staged subdivision of the site to create a total of 20 Torrens title lots over two stages.
The application was reported to the IHAP for consideration in accordance with the endorsed IHAP Charter and Procedure as the development proposes a variation of more than 10% to a development standard contained within Liverpool Local Environmental Plan (LLEP) 2008.
The proposal seeks variation to Clause 7.13 Minimum lot width including battle access handle in Zones R2 of Liverpool Local Environmental Plan 2008 (LLEP 2008).
The development application did not require advertising or notification in accordance with the Liverpool Development Control Plan 2008 (LDCP 2008).
The Site
The subject site is described as Lot 201 DP 1175213 and is located at 5 Angelina Court, Green Valley, with a site area of 1.22ha. The subject site and has frontages to both Angelina Court and Mary Rose Street. The subject site contains large areas of flat grassy land and a residence at the southern end of the site.
Angelina Court Rodeo Drive Subject site 
Figure 1: Locality plan.
Details of the Proposal
This application seeks consent to subdivide Lot 201 DP1175213 into 20 parcels as a staged subdivision outlined on the plans of proposed subdivision attached to the IHAP report and shown in figure 2 below.
Details of the proposal are as follows:
Stage 1
Subdivision of the land into 3 Lots and dedication of the Rodeo Drive extension. This is outlined in the annexed plans.
Stage 2
Subdivision of each of the lots created above to create 20 residential lots. This includes a residue lot (15) where the existing house is located. Recognising that this lot will eventually be subdivided, a plan is annexed showing a possible subdivision of that land. Stage 2 involves the extension of Angelina Court.
The Issues
The proposal seeks variation to Clause 7.13 Minimum lot width in Zones R2 pursuant to Clause 4.6 of LLEP 2008.
This application further seeks to have Council release the easements noted as 5 to 11 on the 88B instrument inclusive as this application and the adjoining neighbours application seeks to have this area set aside and dedicated as public road. Clause 15 of the preamble and definitions for the 88B instrument attached to DP 1151586 require the parties do all things necessary to extinguish the easements if the easement site is dedicated to Council as a public road.
The covenant contained in G590353 sets out to prevent structures and buildings being built within 66 feet of the alignment of Cowpasture Road (as it was in 1956). This covenant is arguably past its use by date and irrespective is not relevant to the land in question and therefore consent to have it extinguished is sought and supported.
Independent Hearing and Assessment Panel
The application was considered by the IHAP at its meeting on 23 February 2015. The Panel recommended that DA-597/2014 for a 20 lot Torrens title subdivision over two stages at Lot 201 DP 1175213, 5 Angelina Court, Green Valley be approved subject to the conditions attached to the Council officer’s report.
Conclusion
The subject application DA-597/2014 has been assessed having regard to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and the relevant environmental planning instruments and controls.
The proposed development is considered to have merit and is consistent with the planning objectives and controls that are relevant to the site and this type of development. It is recommended that the Development Application be approved subject to the conditions of consent attached to the Council officer’s IHAP report.
CONSIDERATIONS
|
Economic and Financial |
Enhance the environmental performance of buildings and homes. |
|
Environmental and Sustainability |
Enhance the environmental performance of buildings and homes. |
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Applicant DetailsView (Under separate cover)
2. IHAP reportView (Under separate cover)
3. IHAP recommendationView (Under separate cover)
74
Ordinary Meeting 25 March 2015
Independent Hearing and Assessment Panel Report
|
IHAP 03 |
DA-637/2014 - Construction of a nine storey mixed use development at 54-56 Macquarie Street, Liverpool |
|
Strategic Direction |
Vibrant Prosperous City Activate the city centre and develop vibrant places that attract people to Liverpool |
|
Key Policy |
City Centre Strategy |
|
File Ref |
042453.2015 |
|
Report By |
Sandhya Davidson - Development Planner |
|
Approved By |
Toni Averay - Director Planning & Growth |
|
Property |
54-56 Macquarie Street, Liverpool |
|
Owner |
Devuti P/L |
|
Applicant |
Devuti P/L |
Executive Summary
Council has received and considered a development application DA-637/2014, proposing construction of a nine storey mixed use development comprising 53 residential units including 16 x 3 bedroom units, 30 x 2 bedroom units and 7 x 1 bedroom units, two commercial units with two levels of basement level car parking and associated landscaping and drainage works at Lot 100 & 101 DP 837549, 54-56 Macquarie Street, Liverpool. This application was lodged on 17 July 2014.
This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 7.16 of the Liverpool Local Environmental Plan (LLEP) 2008, which requires no residential accommodation at ground floor.
The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report (See Attachment 2) and the following additional conditions as recommended by IHAP:
a) that the retaining wall be relocated adjacent to the rear and side boundary, while maintaining the same landscape design with the exception that proposed tree species should be alternate evergreen and deciduous.
|
That Council approve Development Application DA-637/2014, subject to the updated recommended conditions of consent (See Attachment No.4)
|
REPORT
Background
Council has received and considered a development application DA-637/2014 proposing the construction of a nine storey mixed use development comprising of 53 residential units including 16 x 3 bedroom units, 30 x 2 bedroom units and 7 x 1 bedroom units, two commercial units with two levels of basement level car parking and associated landscaping and drainage works at 54-56 Macquarie Street, Liverpool.
Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposal seeks to vary Clause 7.16 of the Liverpool Local Environmental Plan (LLEP) 2008 relating to ground floor development.
The application is accompanied by a written request to vary Clause 7.16 of the LLEP 2008 which prescribes that no residential accommodation is permitted at ground floor.
The Site
The subject site is known as No. 54 and 56 Macquarie Street, Liverpool, being Lots 100 and 101 in DP 837549. The subject site has an area of 1680.6m² and a frontage of 37m to Macquarie Street. The site is located on the eastern side of Macquarie Street with an east-west orientation and existing vehicular access via Macquarie Street.
An aerial map of the site is provided in Figure 1 below.
Figure 1. Locality Map of 54-56 Macquarie Street, Liverpool
The site is located within the Liverpool City Centre. Development surrounding the site consists of commercial, retail, and residential buildings. To the north of the site is an existing commercial building three stories in height. Directly south of the subject site is a vacant lot beyond which is a single storey vacant shop. Abutting the site to the rear are residential flat buildings of varying height and scale. Opposite the subject site to the west is Liverpool Pioneer’s Memorial Park which is listed as a Heritage Item under Schedule 5 of Liverpool Local Environmental Plan 2008.
Details of the Proposal
The development application seeks consent for the construction of a mixed use development. The key components of the proposal are as follows:
· Construction of a nine storey mixed use development containing total of 53 residential apartments as follows:
o 16 x 3 bedroom units;
o 30 x 2 bedroom units;
o 7 x 1 bedroom units;
· Two commercial units on the ground floor with a total retail area of 244.8m2;
· Two levels of basement car parking comprising:
o 72 car parking spaces;
o 24 bicycle parking spaces;
o Four motor cycle parking;
o Carwash and loading bay; and
o Storage areas.
A photomontage of the proposed works is included below:
Figure 2. Perspective view from Macquarie Street, Liverpool
Figure 3. Perspective view from the rear.
The Issues
The main issues identified with respect to the proposal relate to floor space ratio (FSR) and ground floor uses as prescribed by Clauses 4.4 and 7.16 of the LLEP 2008 respectively.
The proposal does not comply with the Clause 4.4 of the LLEP relating to floor space ratio. Clause 4.4 requires a maximum FSR of 3.18:1 and the proposed FSR is 3.36:1, representing a variation of 5.5%.
In addition, the proposal does not comply with Clause 7.16 of the LLEP relating to ground floor accommodation. The control requires that the ground floor of the building is not to be used for residential accommodation. The proposal provides two commercial tenancies and two residential units at ground floor level.
Consequently, the applicant has submitted a written request seeking a variation to the floor space ratio control and the ground floor development control as prescribed by Clauses 4.4 and 7.13(3) of the LLEP.
Independent Hearing and Assessment Panel
At their meeting on 23 February 2015, IHAP made the following recommendation:
The Panel recommends that DA-637/2014 for construction of a mixed use development at Lot 100 and 101 DP 837549, 54-56 Macquarie Street, Liverpool be approved subject to the recommendations attached to the Council officer’s report, supplemented by the landscaping recommendation by the Panel.
The Panel’s recommendation regarding landscaping is:
The Panel recommends that the retaining wall be relocated adjacent to the rear and side boundary, while maintaining the same landscape design with the exception that proposed tree species should be alternate evergreen and deciduous.
The reason for the Panel’s recommendation is that the proposed wall will prejudice the growth of the trees, whereas the Panel’s recommendation will ensure that the trees will thrive.
A suitable condition of consent being condition No.25 has been recommended to give effect to the Panel’s recommendation above (see Attachment No. 4).
Conclusion
The application has been assessed having regard to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979.
The proposed development is permissible within the B4 Mixed Use Zone and is considered to be consistent with the objectives of the zone.
The proposal is also consistent with the design objectives and controls contained within the Residential Flat Design Code and State Environmental Planning Policy (SEPP) 65 provisions.
The merits of the variations have been considered and are considered to be worthy of support. Accordingly, the application is recommended for approval.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Applicant and Land Owner DetailsView (Under separate cover)
2. IHAP ReportView (Under separate cover)
3. IHAP RecommendationView (Under separate cover)
4. Revised conditions of consentView (Under separate cover)
80
Ordinary Meeting 25 March 2015
Independent Hearing and Assessment Panel Report
|
IHAP 04 |
DA-623/2014 - Torrens title subdivision creating ten residential lots and one residue lot with associated road construction at Lot 215 Southern Cross Drive, Middleton Grange |
|
Strategic Direction |
Liveable Safe City Facilitate diverse and more affordable housing options |
|
Key Policy |
Urban Development Plans |
|
File Ref |
042543.2015 |
|
Report By |
Shannon Rickersey - Team Leader Development Assessment |
|
Approved By |
Toni Averay - Director Planning & Growth |
|
Property |
Lot 215, DP 1169240, Southern Cross Avenue, Middleton Grange |
|
Owner |
Danallam Developments Pty Ltd |
|
Applicant |
Keeplan Pty Ltd |
Executive Summary
Council has received and considered a development application DA-623/2014, proposing a Torrens title subdivision creating ten residential lots and one residue lot with associated road construction at Lot 215 Southern Cross Drive, Middleton Grange. This application was lodged with Council on 11 July 2014.
This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 7.13 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a 10 metre minimum lot width. The proposed lot width varies from a minimum of 2.6 metres to 30.3 metres, representing a variation of up to 74%.
The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report (See Attachment 2).
|
That Council approves Development Application DA-623/2014, subject to the recommended conditions of consent attached to the Council officer’s IHAP report (Attachment No. 2).
|
REPORT
Background
Council has received and considered a development application DA-623/2014 proposing a Torrens title subdivision creating ten residential lots and one residue lot with associated road construction at Lot 215 Southern Cross Avenue, Middleton Grange.
Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development includes a request to vary a development standard in excess of 10%; pursuant to Clause 4.6 of the LLEP 2008.
The application is accompanied by a written request to vary Clause 7.13 of the LLEP 2008 which prescribes the minimum lot width for subdivision in Zones R1, R2, R3 and R4. A minimum lot width of subdivided land is to be 10 metres. Lot 310 is a triangular shaped allotment with a 30.345 metre front boundary width and a 2.605 metre rear boundary width.
The proposal was not required to be notified or advertised in accordance with Liverpool Development Control Plan (LDCP) 2008.
The Site
The site is identified as being Lot 215 in DP 1169240. The site has a frontage of 34.2 metres to Southern Cross Drive, a frontage of 15.2 metres to Hugh Terrace, a frontage to Holden Avenue of approximately 180.7 metres and a total site area of area of 6,405m².
An aerial map of the site is provided in Figure 1 below.
Figure 1: Aerial view of site
Details of the Proposal
The Development Application seeks Council consent for a Torrens title subdivision creating ten (10) residential allotments, one (1) residue lot and the construction of an associated variable width road (Holden Avenue) fronting the proposed lots and utilities.
The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.13 of the LLEP 2008, which prescribes the minimum lot width in Zones R1, R2, R3 and R4.
An extract of the proposed subdivision plan is provided in Figure 2 below.
Figure 2 – Plan of Subdivision
The Issues
The key issue identified with respect to the proposal relate to the variation to the minimum lot width required by Clause 7.13 of the LLEP.
Proposed Lot 310 is triangular in shape and proposes a lot width that varies from 30.3 metres to 2.6 metres. This represents a variation to the minimum lot width standard of up to 74%.
Consequently, the applicant has submitted a written request seeking a variation to the minimum lot width control as prescribed by Clause 7.13(3) LLEP.
Independent Hearing and Assessment Panel
At their meeting on 23 February 2015, IHAP made the following recommendation:
The Panel recommends that DA-623/2014 for a 10 lot Torrens title subdivision and one residue lot at Lot 215 DP 1169240 Southern Cross Avenue, Middleton Grange be approved subject to the conditions attached to the Council officer’s report.
Conclusion
The application has been assessed against the relevant considerations within Section 79C of the EP&A Act 1979. The application is considered to have merit and is unlikely to result in an adverse impact on the locality. Accordingly, the application is recommended for approval subject to the recommended conditions of consent.
CONSIDERATIONS
|
Economic and Financial |
Facilitate economic development. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Applicant and Land Owner DetailsView (Under separate cover)
2. IHAP reportView (Under separate cover)
3. IHAP recommendation for DA 623/ 2014 - Southern Cross Avenue, Middleton GrangeView (Under separate cover)
85
Ordinary Meeting 25 March 2015
Independent Hearing and Assessment Panel Report
|
IHAP 05 |
DA-344/2014 - Two stage subdivision to create a total of 27 Torrens title lots at 175 McIver Avenue, Middleton Grange |
|
Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
|
Key Policy |
Urban Development Plans |
|
File Ref |
040046.2015 |
|
Report By |
George Nehme - Senior Development Planner |
|
Approved By |
Toni Averay - Director Planning & Growth |
|
Property |
175 Mciver Avenue, Middleton Grange (Lots 14 & 15 DP 1133742) |
|
Owner |
Ms M A Letta |
|
Applicant |
Robert R Wilson & Associates |
Executive Summary
Council has received and considered a development application DA-344/2014, proposing a two stage subdivision to create a total of 27 Torrens title lots at 175 McIver Avenue, Middleton Grange. This application was lodged with Council on 28 April 2014.
This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 4.1 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a minimum subdivision lot size of 400m2. The proposed sizes of Lots 4 to 13 range from 321.6m2 to 325.1m2, representing a variation ranging from 18.725% - 19.6%.
In addition the development seeks to vary Clause 7.13 of the LLEP 2008 which requires a 10m minimum lot width. Lots 14 and 25 propose a minimum lot width of 7.1m, representing a variation of 29%.
The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report. The IHAP recommendations are attached (See Attachment 3).
|
That Council approves Development Application 344/2014 subject to the recommended conditions attached to the Council officer’s IHAP report (Attachment No. 2).
|
REPORT
Background
Council has received and considered a development application DA-344/2014 proposing a two stage subdivision to create a total of 27 Torrens title lots at 175 McIver Avenue, Middleton Grange.
Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development includes a request to vary a development standard in excess of 10%; pursuant to Clause 4.6 of the LLEP 2008.
The application is accompanied by a written request to vary Clause 4.1 and 7.13 of the LLEP 2008 which prescribes a minimum subdivision lot size of 400m², and a minimum lot width of 10m. The proposed sizes of Lots 4 to 13 range from 321.6m2 to 325.1m2, representing a variation ranging from 18.725% - 19.6%. Additionally, the lot width proposed for lots 14 and 25 is 7.1m, representing a variation of 29%.
The proposal was advertised between 5 November 2014 and 5 December 2014. No submissions were received during the advertising period.
The Site
The site is identified as Lots 14 and 15 in DP 1133742 and is located at 175 McIver Avenue Middleton Grange. The site is a regular shaped allotment located on the northern side of McIver Avenue. The subject site has a frontage of 160.36m fronting McIver Avenue and a depth of 76.08m. The total site area equates to 12,200m². The site also has a slope from west to east of approximately 9.5m. Currently the subject site is vacant with a variety of trees dispersed throughout the site.
An aerial map of the site is provided in Figure 1 below:
Subject
Site
Figure 1: Aerial view of site
Details of the Proposal
The application seeks consent for a Staged subdivision to create a total of 27 Torrens Title lots over two (2) stages as follows:
Stage 1: subdivision to create 14 residential lots and one (1) residue lot; associated road construction and dedication.
Stage 2: subdivision to create 13 residential lots; associated road construction and dedication.
The Issues
The key issues identified with respect to the proposal relate to the variations proposed pursuant to the provisions of Clause 4.6 of the LLEP 2008, relating to the minimum subdivision lot size development standard under Clause 4.1 and the minimum lot width development standard under Clause 7.13 of the LLEP 2008.
Proposed Lots 4 to 13 fail to comply with the minimum subdivision lot size required under Clause 4.1. In accordance with Clause 4.1, the southern portion of the subject site requires a minimum lot size of 400m². The proposed lot sizes for Lots 4 to 13 on the southern portion of the subject site range from 321.6m² to 325.1m², representing a variation ranging from 18.725% - 19.6% to the standard.
The variation to clause 4.1 was considered worthy of support in this instance for the following reasons;
· The development proposes lots that achieve the required 400m² lot size standard within both the 400m² area and the 300m² area. To require strict compliance with the controls and locate all of the lots in the 400m² area would not provide an additional benefit to the development. Rather, the proposed layout would assist in improved solar access to the 300m² sized lots in the 400m² area.
· The proposal is compliant with the minimum dwelling density required for the site. A total of 27 lots are required and 27 lots are proposed.
· The diversity with the lot sizes within the southern portion of the site will lend itself to an improved and interesting streetscape pattern and character when dwellings are constructed at a future stage.
· A development with a similar layout and lot sizes has been approved on the adjoining site. The proposed development would be compatible with this approved subdivision layout.
Figure 2: Lot Size map
Proposed Lots 14 and 25 fail to comply with the minimum lot width required under Clause 7.13 of the LLEP 2008. In accordance with Clause 7.13, a minimum lot width of 10m is required. Both Lots 14 and 25 propose a minimum lot width of 7.1m, representing a variation of 29% to the standard.
The variation to clause 7.13 was considered worthy of support in this instance for the following reasons;
· Both Lots 14 and 25 are corner allotments. Both allotments have provided corner splays to allow for appropriate sight lines and safe vehicular access and egress from the sites. As consequence of the splay the lot widths are reduced to a minimum of 7.1m for this point of the site.
· Both lots reach a minimum width of at least 10m at the front building line, thus allowing sufficient lot area to construct a dwelling.
· Despite the non-compliance the overall subdivision pattern remains consistent with Council’s standards regarding dwelling densities.
· The impacts of the proposed non-compliance are considered negligible on the surrounding context, road network and future residential forms.
· Despite the non-compliance the proposal still satisfies the relevant objectives of the R1 General Residential Zone.
The variations to Clauses 4.1 and 7.13 of the LLEP 2008 are discussed in detail in the attached IHAP report.
Independent Hearing and Assessment Panel
On 23 February 2015, the application was referred to the IHAP in accordance with the Council endorsed IHAP Charter and Procedure. The Panel considered the issues and agreed with the Council Officer’s recommendation to approve the development subject to the recommended conditions of consent attached to the Council Officer’s report (Attachment 2).
Conclusion
The application has been assessed against the relevant considerations within Section 79C of the EP&A Act 1979. The application is considered to have merit and is unlikely to result in an adverse impact on the amenity of adjoining properties.
Accordingly, the application is recommended for approval subject to the recommended conditions of consent.
CONSIDERATIONS
|
Economic and Financial |
Enhance the environmental performance of buildings and homes. |
|
Environmental and Sustainability |
Enhance the environmental performance of buildings and homes.
|
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people.
|
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Applicant DetailsView (Under separate cover)
2. IHAP ReportView (Under separate cover)
3. IHAP RecommendationView (Under separate cover)
90
Ordinary Meeting 25 March 2015
Independent Hearing and Assessment Panel Report
|
IHAP 06 |
DA-1015/2014 - Three lot Torrens title subdivision at 5 Plukavec Circuit, Prestons |
|
Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
|
Key Policy |
Urban Development Plans |
|
File Ref |
042986.2015 |
|
Report By |
Patrick Waite - Development Assessment Planner |
|
Approved By |
Toni Averay - Director Planning & Growth |
|
Property |
Lot 1 DP 876617 5 Plukavec Circuit Prestons |
|
Owner |
Mr and Mrs Plukavec |
|
Applicant |
Ozzybuild Pty Ltd |
Executive Summary
Council has received and considered a development application DA-1015/2014, proposing a three lot Torrens title subdivision at 5 Plukavec Circuit, Prestons. This application was lodged on 18 November 2014.
This application was referred to the 23 February 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 7.13 of the Liverpool Local Environmental Plan (LLEP) 2008 which requires a 10 metre minimum lot width. The proposed lot width at its narrowest point is 6.92 metres, representing a variation of 30.8%.
The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report (See Attachment 2).
|
That Council approves Development Application DA-1015/2014, subject to the recommended conditions attached to the Council officer’s IHAP Report (Attachment No. 2).
|
REPORT
Background
Council has received and considered a development application DA-1015/2014 proposing a three lot Torrens title subdivision at 5 Plukavec Circuit in Prestons.
Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development includes a request to vary a development standard in excess of 10%; pursuant to Clause 4.6 of the LLEP 2008.
The application is accompanied by a written request to vary Clause 7.13 of the LLEP 2008 which prescribes the minimum lot width for subdivision in Zones R1, R2, R3 and R4. A minimum lot width of 10m for each proposed lot applies to the site. The proposed subdivision includes a corner lot, proposed lot 52, which provides for a minimum lot width of 6.92m at the splay corner.
The Site
The site is identified as 5 Plukavec Circuit, Prestons, with legal description of Lot 1 DP 876617. The subject site is a corner allotment with an area of 907m2.
The subject site is currently vacant and fronted by Plukavec Circuit on both frontages. The remaining boundaries to the south and west are bound by existing residential dwellings.
An aerial map of the site is provided in Figure 1 below.
Subject Site
Figure 1: Aerial image of the subject site.
The subject site is located in an established residential area within Prestons which is characterised by low density residential development.
Subject Site
Figure 2: The site and surrounding locality.
Details of the Proposal
The proposed development consists of:
Subdivision into three (3) lots as follows;
o Lot 50 - 301m2 with a minimum lot width of 12.04m
o Lot 51 - 301m2 with a minimum lot width of 12.04m
o Lot 52 - 304.9m2 with a minimum lot width of 6.92m
The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.13 of the LLEP 2008, which prescribes the minimum lot width in Zones R1, R2, R3 and R4.
An extract of the proposed subdivision plan is provided in Figure 3 below.
Figure 3: Proposed Lot layout for subject site.
The Issues
The key issue identified with respect to the proposal relates to the variation to the minimum lot width required by Clause 7.13 of the LLEP.
Proposed Lot 52 fails to comply with Clause 7.13, which states that the width of any lot, resulting from a subdivision of land, that is not subject of a development application for residential development, must not be less than 10 meters except in the instance where the lot resulting from a subdivision of land is a battle-axe.
The application is not subject to residential development and does not seek to create a battle-axe lot. Proposed Lot 52 proposes a minimum lot width of 6.92m, representing a variation of 30.8%. The variation is apparent at the section of the splay comer for a maximum length of 3m. The remainder of the lot exceeds the minimum required lot width by providing for a maximum lot width of 12.92m.
Consequently, the applicant has submitted a written request seeking a variation to the minimum lot width control as prescribed by Clause 7.13(3) LLEP.
The objectives of Clause 4.6 are as follows:
(a) “to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.”
Clause 4.6 (3) prescribes:
“Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(c) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(d) that there are sufficient environmental planning grounds to justify contravening the development standard.”
The applicant has provided justification for the departure to the development standard as follows:
· Subject lot is a corner lot with a splay at the corner.
· For the length of the non-complying lot, 19m of the 25m or 76% of the lot the width is 12.96m wide.
· The minimum lot width of 10m is reached at 3.08m measured form the front setback, which is less than the minimum front setback required for the construction of a dwelling.
· Building envelop is not odd in shape.
· Each proposed lot in the proposed subdivision have site areas greater than 300m2.
· Strict compliance would prevent the creation of 3 lots which are greater than the minimum required lot size for the area, thus preventing the most efficient and economic use of the land.
The following comments are offered in response to the variation sought to Clause 7.13(3):
· Proposed lot 52 is a corner allotment. The subject lot has provided a corner splay to allow for appropriate sight lines and safe vehicular access and egress from the site. As a consequence of the splay, the lot width is reduced to a minimum 6.92m, but only for a minor portion of the site.
· Lot 52 has an average lot width of 10.92m when measured using three transects; one being the front boundary, one at the middle of the lot and one at the rear of the lot.
· Lot 52 reaches a minimum width of at least 10m within the required front setback of 4.5m and a width of 12.92m would be provided at the front building line thus allowing sufficient area to construct a dwelling.
· The impacts of the proposed non-compliance are considered negligible considering the surrounding land use and road network.
· Despite the non-compliance the proposal satisfies the relevant objectives of the R2 Low Density Residential Zone.
Having regard to the above, it is considered that strict compliance with Clause 7.13 is unreasonable and unnecessary in this instance.
Independent Hearing and Assessment Panel
At their meeting on 23 February 2015, IHAP made the following recommendation:
The Panel recommends that DA-1015/2014 for a three lot Torrens title subdivision at Lot 1 DP 876617 be approved subject to conditions attached to the Council officer’s report.
Conclusion
The application has been assessed against the relevant considerations prescribed by Section 79C of the Environmental Planning and Assessment Act 1979 and is worthy of support. On this basis, the application is recommended for approval, subject to conditions.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Applicant DetailsView (Under separate cover)
2. IHAP reportView (Under separate cover)
3. IHAP RecommendationView (Under separate cover)
96
Ordinary Meeting 25 March 2015
Independent Hearing and Assessment Panel Report
|
IHAP 07 |
DA-26/2014 - Torrens Title subdivision of one (1) existing lot into six (6) lots; and construction of six (6) single-storey dwelling houses at 154-156 Flynn Avenue, Middleton Grange |
|
Strategic Direction |
Liveable Safe City Improve the community’s sense of safety in Liverpool |
|
Key Policy |
Urban Development Plans |
|
File Ref |
043079.2015 |
|
Report By |
Taylar Vernon - Strategic Planner |
|
Approved By |
Toni Averay - Director Planning & Growth |
|
Property |
154-156 Flynn Avenue, Middleton Grange (Lot 102 DP 1149352) |
|
Owner |
Kordan (Aust) Pty Ltd |
|
Applicant |
Ingham Planning Pty Ltd |
Executive Summary
Council has received and considered a development application DA-26/2014, proposing the
Torrens title subdivision of one existing lot into six lots and construction of six single-storey dwelling houses at 154 – 156 Flynn Avenue, Middleton Grange. This application was lodged on 22 January 2014.
This application was referred to the Independent Hearing and Assessment Panel (IHAP) at their meeting on 23 February 2015, and the IHAP concurred with the Council officer’s recommendation and recommended that the application be refused due to concerns relating to the amenity impacts associated with the proposed shared one-way driveway; the shortfall in Section 94 contributions resulting from the proposed variation to dwelling density; and unsatisfactory drainage plans being provided with the application.
The applicant was requested to amend the proposed access arrangements to the dwellings, however the request was declined by the applicant, who sought a determination based on the scheme which was initially submitted. It is therefore recommended that the application be refused for the reasons discussed in the attached IHAP report and summarised below.
|
That Council refuses Development Application DA-26/2014 proposing Torrens title subdivision of one (1) existing lot into six (6) lots; and construction of six (6) single-storey dwelling houses for the following reasons:
a. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the development application is inconsistent with Clause 7.11 of the Liverpool Local Environmental Plan 2008 which stipulates the minimum dwelling density of the site.
b. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the development application is inconsistent with the objectives of the R1 General Residential zone, specifically the following objectives:
o To provide for a variety of housing types and densities
o To ensure that housing densities are broadly concentrated in locations accessible to public transport, employment, services and facilities
c. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning & Assessment Act 1979, the development application does not satisfy the requirements of the Liverpool Development Control Plan 2008, specifically those controls in Part 2.5 which relate to Private Open Space, private driveways (access) and stormwater management.
d. Pursuant to Section 79C(1)(e) of the Environmental Planning & Assessment Act 1979, approval of the development application is not considered to be in the public interest. |
REPORT
Background
Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal has been referred to the IHAP for consideration, and to the full Council for determination, as the application proposes to vary Clause 7.15 of the Liverpool Local Environmental Plan (LLEP) 2008 by more than 10%. Clause 7.15 applies a minimum dwelling density requirements to the site.
The application was lodged with Council on 22 January 2014 and notified for a period of 14 days, between 6 March 2014 and 21 March 2014 and no submissions were received. A number of issues with the application were identified and additional information was subsequently requested from the applicant on 22 May 2014. Information was provided to Council on 2 September 2014; however, issues with the stormwater drainage plan and the proposed rear vehicular access were not addressed. The applicant was advised that the proposed rear shared driveway would not be supported primarily due to potential amenity impacts and it was requested that either revised plans be submitted which removed the shared one-way driveway, or the application be withdrawn. The applicant advised that the DA would not be withdrawn or amended and requested that it be determined based on the information which had been provided.
The Site
The subject site is known as 154-156 Flynn Avenue, Middleton Grange, and has a legal description of Lot 102 DP 1149352. The site has an area of 2050m2. The site is zoned R1 General Residential under the LLEP 2008 and a minimum dwelling density of 28 dw/ha applies to the site. It is noted that the application was lodged at a time when a minimum dwelling density of 30 dw/ha applied to the site, which was subsequently amended on 30 January 2015 with the gazettal of Amendment No. 39 to the LLEP 2008.
An aerial map of the site is provided in Figure 1 below.
Subject Site
Figure 1: Aerial image of the subject site
The locality is generally characterised by low density residential development and land which is identified or approved for future residential development.
Details of the Proposal
The development application proposes the following:
· Torrens Title subdivision of the existing lot into six lots with areas;
o Lot 1 – 352.9sqm
o Lot 2 – 335.9sqm
o Lot 3 – 335.9sqm
o Lot 4 – 335.9sqm
o Lot 5 – 335.9sqm
o Lot 6 – 353sqm
· Construction of six single-storey, three bedroom dwelling houses
The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.15 of the LLEP 2008, which prescribes the minimum dwelling density requirement.
An extract of the proposed subdivision plan and elevations is provided in Figures 2 & 3 below.
Figure 2: Extract of Proposed Plan of Subdivision
Figure 3: Monkton Avenue Street Elevation
The proposed development includes a shared one-way driveway at the rear of the dwellings, as illustrated in Figure 4 below.
Figure 4: Proposed site plan showing proposed access and private open space
The application is accompanied by a written request to vary Clause 7.15 of the LLEP 2008, which prescribes a minimum dwelling density of 28 dw/ha for the site. The development achieves a density of 22.3 dw/ha, representing a variation of approximately 20.4%. It is noted that Amendment No. 39 was made on 30 January 2015, which amended the minimum dwelling density in this location from 30 dw/ha to 28 dw/ha; however, the proposal remains non-compliant with the minimum dwelling density requirement.
The Issues
Various issues have been identified with the proposed development, these are identified as follows;
Proposed Access
The proposed access arrangement is inconsistent with the Liverpool Development Control Plan 2008. This report recommends refusal, principally on the basis of unsatisfactory access arrangements, insufficient private open space provision, and the resultant impacts on residential amenity.
The development will generate approximately 64 daily vehicle trips, based on the Roads and Maritime technical direction TD 2013/04a on Guide to Traffic Generating Development, Updated Traffic Survey. It has been considered in the assessment of this application that this magnitude of vehicle movements presents a serious risk of physical injury to individuals while utilising the private open space associated with each of the dwellings.
There are also concerns regarding the privacy of future residents and consideration of whether the rear landscaped area of each of the dwellings can even be considered to be ‘private open space’, given the number of lots which are granted a right of carriageway across the rear of each of the lots. The number of traffic movements which could realistically be envisaged to occur within the area which is identified as private open space is such that the amenity and privacy of future residents is likely to be severely compromised. On these grounds, the development application is recommended for refusal.
These matters are discussed in greater depth in the attached IHAP report.
Variation to dwelling density results in a shortfall in Section 94 developer contributions
The Liverpool Contributions Plan 2009 identifies a levy totalling $173,381 to be paid to Council as a consequence of the proposed subdivision.
Compliance with the minimum dwelling density which applies to the site, based on the current access arrangement, would require 8 lots to be achieved. Subdivision of the subject site to create 8 lots would result in a total contribution to be paid to Council of $243,998. The application therefore represents a shortfall of $70,617.
Independent Hearing and Assessment Panel
At its meeting dated 23 February 2015, the IHAP considered the proposed development and recommended that the application be refused for the reasons set out in the attached IHAP report.
Conclusion
The application has been assessed having regard to the provisions of Section 79C of the EP&A Act 1979, the provisions of the LLEP 2008 and LDCP 2008 and the merits of the proposed development.
The proposal is non-compliant with Clause 7.11 of LLEP 2008, which relates to minimum dwelling density. The application also proposes a shared one-way driveway which has a detrimental impact on the residential amenity of future residents, particularly in regards to safety and privacy.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Applicant and Land Owner DetailsView (Under separate cover)
2. IHAP reportView (Under separate cover)
3. IHAP recommendation View (Under separate cover)
103
Ordinary Meeting 25 March 2015
Chief Financial Officer
|
CFO 01 |
Draft Delivery Program 2013/17 Operational Plan & Budget 2015/16 |
|
Strategic Direction |
Leading Proactive Council Position Council as an industry leader, delivering best practice and innovation |
|
Key Policy |
Long-Term Financial Plan |
|
File Ref |
045528.2015 |
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Report By |
Miles Carter - Project Officer - Strategy and Performance |
|
Approved By |
Gary Grantham - Chief Financial Officer |
Executive Summary
This report proposes to place the draft 2013-2017 Delivery Program and 2015-2016 Operational Plan on public exhibition to allow for public comments and submissions.
Section 404 and 405 of the Local Government Act 1993 requires Council to review its Delivery Program and adopt its annual Operational Plan by 30 June each year. The plan must be exhibited for public comment and submissions for at least 28 days.
The 2013-2017 Delivery Program is a statement of commitment to the community from each newly elected council. It outlines Council’s response to the Community Strategic Plan, how it will contribute to achieving these goals during its term of office and what its priorities will be. The 2015-2016 Operational Plan and Budget is an annual plan. It focuses on the specific actions which will be undertaken and the corresponding annual budget for the 2015-16 financial year.
For improved integration, the 2013-2017 Delivery Program and 2015-2016 Operational Plan have been incorporated into one document. The draft documents are attached to this report under separate cover.
|
That Council:
1. Places the draft Delivery Program and Operational Plan including the draft 2015-16 Budget and Revenue Pricing Policy (Schedule of Fees and Charges) on public exhibition for a period of 28 days to allow for public comments and submissions.
2. Receives a further report after a review of public submissions at the May Council meeting.
|
REPORT
Draft 2013-17 Delivery Program and 2015-16 Operational Plan and Budget
The Delivery Program documents all of the principal activities which Council will be delivering during its term of office. It is Council’s commitment to the community and outlines how it will contribute to achieving the strategies listed in the Community Strategic Plan. The Delivery Program addresses all of Council’s operations and allocates high level responsibilities for each activity.
The draft 2015-16 Operational Plan outlines the specific actions which Council will deliver as well as the draft budget for the 2015-16 financial year and Statement of Revenue Policy (Fees and Charges).
For improved integration and functionality, the 2013-17 Delivery Program and draft 2015-16 Operational Plan have been included in the same document. It includes the following:
· Council's principal activities over four years:
· Performance measures to determine effectiveness;
· 2015-16 Actions;
· 2015-16 draft Budget;
· 2015-16 proposed Capital Works Program; and
· 2015-16 draft Revenue Pricing Policy (proposed rates, fees and charges).
Consultation during the exhibition period
The draft Delivery Program and Operational Plan and Budget will be available to residents to seek their input through the following methods:
· Hard copies will be available at various locations during the public exhibition period including Council’s Customer Service Centre and all libraries;
· Presentations will be made at Community Forum meetings;
· The document will be placed on Council’s website at www.liverpool.nsw.gov.au;
· Public notices will be placed in local papers;
· Information will be posted on Council’s social networking and community engagement sites.
Council will consider all submissions and comments at its May Council meeting with a recommendation that the Draft Delivery Program and Operational Plan including the draft 2015-16 budget, proposed 2015-16 Capital Works Program and the draft 2015-16 Revenue Pricing Policy (proposed rates, fees and charges) be adopted.
CONSIDERATIONS
|
Economic and Financial |
The financial implications of all of the services outlined are included in the Draft 2015-16 Budget. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Opportunity for community participation and feedback. Public exhibition is a statutory requirement under section 405 of the Local Government Act. |
ATTACHMENTS
1. Draft 2013-2017 Delivery Program and 2015-16 Operational Plan (including budget and Statement of Revenue Policy). View (To be provided under separate cover)
106
Ordinary Meeting 25 March 2015
Chief Financial Officer
|
CFO 02 |
Privacy Management Plan |
|
Strategic Direction |
Leading Proactive Council Position Council as an industry leader, delivering best practice and innovation |
|
Key Policy |
Long-Term Financial Plan |
|
File Ref |
050333.2015 |
|
Report By |
David Maguire - Governance Coordinator |
|
Approved By |
Gary Grantham - Chief Financial Officer |
Executive Summary
Council’s Privacy Management Plan, adopted in March 2013, is due for review.The Privacy and Personal Information Protection Act 1998 (the PPIPA Act) requires all public sector agencies to prepare and implement a privacy management plan.
Council’s Privacy Management Plan is based upon the Model Privacy Management Plan for Local Government (the Model Plan), revised in 2013, after consultation between the NSW Privacy Commissioner and the Local Government and Shires Associations of NSW. Council is required to adopt a Privacy Management Plan in accordance with the Model Plan.
Council’s Privacy Management Plan has been duly reviewed. Only minor changes have been made in formatting, style (in accordance with other policies) and wording (to reflect changes in Council’s organizational structure).
This report recommends that Council note this report; adopt the Privacy Management Plan, as attached to this report; and submit a copy of its Privacy Management Plan to the NSW Privacy Commissioner.
|
That Council:
1. Note this report.
2. Adopt the Privacy Management Plan, as attached to this report.
3. Submit a copy of the Privacy Management Plan to the NSW Privacy Commissioner.
|
REPORT
Section 33 of the Privacy and Personal Information Protection Act 1998 (the PPIPA Act) requires Council to prepare and implement a privacy management plan which must comply with the PPIPA Act and the Health Records and Information Privacy Act 2002 (the HRIPA Act). This plan may be amended from time to time and a copy of any amended plan must be submitted to the NSW Privacy Commissioner.
Council’s Privacy Management Plan was last reviewed by Council on 27 March 2013. It is based upon the Model Plan, revised in 2013, after consultation between the NSW Privacy Commissioner and the Local Government and Shires Associations of NSW.
Council’s Privacy Management Plan has been duly reviewed by Council’s Governance Coordinator who is also Council’s Privacy Contact Officer. Only minor changes have been made to the Plan in relation to formatting, style (which is in accordance with other policies) and wording (to reflect changes in Council’s organizational structure).
The Plan is a rather dense and wordy document, structured around the Information Protection Principles of the PPIPA Act and the Health Privacy Principles of the HRIPA Act. Unfortunately, there is little room to simplify the document which must reflect the wording of the Model Plan. (It should be noted that the Health Privacy Principles apply only to health information collected in relation to children enrolled in Council’s childcare facilities.) However, during the past two years, a thorough review of Council’s forms, websites and processes has been undertaken to ensure that Council complies with privacy requirements and that these requirements are set out in a way that can be readily understood by customers, Councillors and members of Council staff. This is an ongoing process.
This report recommends that Council note this report; adopt the Privacy Management Plan, as attached to this report; and submit a copy of its Privacy Management Plan to the NSW Privacy Commissioner.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Provide information about Council’s services, roles and decision making processes. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
ATTACHMENTS
1. Privacy Management Plan (Draft for Review by Council)View (Under separate cover)
109
Ordinary Meeting 25 March 2015
Chief Financial Officer
|
CFO 03 |
55th Floodplain Management Association Conference |
|
Strategic Direction |
Leading Proactive Council Lead partnerships and collaboration with community, business and governments |
|
Key Policy |
Floodplain Risk Management Plan |
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File Ref |
050446.2015 |
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Report By |
George Georgakis - Manager Council and Executive Services |
|
Approved By |
Gary Grantham - Chief Financial Officer |
Executive Summary
The purpose of this report is to advise Council of the 55th Annual NSW Floodplain Management Association (FMA) Conference to be held in Brisbane 19-22 May 2015, and to nominate Council’s delegates to attend the Conference.
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That Council:
1. Receives and notes the program information of the Floodplain Management Association of NSW 55th Annual Conference – 19 May 2015 to 22 May 2015.
2. Nominate its delegates to attend the 2015 Floodplain Management Association Conference in Brisbane from 19 May 2015 to 22 May 2015.
|
REPORT
The Floodplain Management Association (FMA) was established to promote sound and responsible floodplain management and to make representations on behalf of Local Government at State and Federal levels. The FMA is accepted by government agencies as representing the interests of floodplain communities and those authorities responsible for managing the floodplains to reduce future flood losses.
The theme for this year’s conference is “Building a Flood Resilient Australia”, which will focus on Building Resilient Communities and Flood Resilient Buildings and Infrastructure. The conference commences on Wednesday 20 May 2015 with a pre-conference workshop to be held on Tuesday 19 May 2015 for interested delegates.
The Conference will attract over 350 practitioners involved in floodplain risk management. Attendees will include Commonwealth, State and Local Government elected representatives and staff, researchers and education providers, as well as consultants, engineers, land-use planners, emergency response personnel and community volunteers.
Liverpool City Council, as a member of the Floodplain Management Association, is entitled to have two voting delegates.
CONSIDERATIONS
|
Economic and Financial |
The estimated cost per representative for attending the Conference is as follows: Accommodation: Approximately $240.00 per night x 4 nights = $960.00 per delegate. Travel: $300.00 per delegate. Registration: $1,125.00 per delegate. |
|
Environmental and Sustainability |
Manage air, water, noise and chemical pollution. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Act as an environmental leader in the community. Provide information about Council’s services, roles and decision making processes. Actively advocate for federal and state government support, funding and services. |
ATTACHMENTS
1. 55th Floodplain Management Association Conference ProgramView
|
111 |
|
|
CFO 03 |
55th Floodplain Management Association Conference |
|
Attachment 1 |
55th Floodplain Management Association Conference Program |
|
CFO 03 |
55th Floodplain Management Association Conference |
|
Attachment 2 |
Conference Registration Form |
Ordinary Meeting 25 March 2015
Chief Financial Officer
|
CFO 04 |
Investment report February 2015 |
|
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
|
Key Policy |
Long-Term Financial Plan |
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File Ref |
051994.2015 |
|
Report By |
Christian Hope - Senior Financial Accountant |
|
Approved By |
Gary Grantham - Chief Financial Officer |
Executive Summary
This report details the Council’s Investment portfolio.
At 28th February 2015, Council held investments with a market value of $166.1 million. The portfolio yield for twelve months ended was 3.96 per cent exceeding the benchmark of 2.73 per cent by 123 basis points for the same period.
Council’s investments and reporting obligations fully comply with the requirements of Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council's Investment Policy
|
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 28th February, Council held investments with a market value of $166.1 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:
· Term deposits $127 million
· Cash at Call & in Bank $14.97 million
· Debt securities, Bonds & FRN’s $24.13 million
As at the end of February 2015, the ratio of market value compared to face value of various debt securities is shown in the table below.
|
Asset Class |
Feb-15 |
Jun-14 |
|
Senior Debts (FRN's) |
100.49 % |
101.48% |
|
Senior Bonds (NCD & Corporate Bonds) |
106.96 % |
104.56% |
|
MBS (Reverse Mortgage Backed Securities) |
64.51 % |
60.14% |
|
Total |
96.39% |
94.05% |
Council is fully compliant with the requirements of the Ministerial Investment Order including the grand fathering provision in regards to its investment portfolio holdings. The grand fathering provision states that Council continues 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.
The following tables breaks down Council’s investment by issuer and provides an analysis on their credit ratings.
Market Value of Investment by Issuer
Market Value of Investment by Credit Rating category
Portfolio Maturity Profile
The chart below shows the market value of funds invested at different durations to maturity.
Portfolio Performance
Council’s investment portfolio yield for the 12 months ended 28th February 2015 was 3.96 per cent which exceeded benchmark of 2.73 per cent by 123 basis points for the same period. Return on investments is expected to gradually decrease as old investments in Council’s portfolio mature and replaced with investments yielding lower returns. Comparative yields for the previous months are charted below:
During the month, Council sold its two lowest yielding major bank FRN’s at +37bp; realising capital gains in excess of $68k. This helped boost the overall performance of the portfolio in February.
Council is in continuous discussion with its investment Adviser, CPG Research & Advisory, to take advantage of capital gains opportunities as they occur.
Council replaced the FRN sold with a new three year $6m FRN issued by Newcastle Permanent Building Society paying a margin of 110 basis points over three months BBSW reference rate.
Investment Portfolio at a Glance
|
Portfolio Performance vs. 90 day Bank Bill index over the 12 month period. |
|
The portfolio yield for 12 month ended is 123 basis points above the benchmark for the same period (3.96% against 2.73%). |
|
Annual Income vs. Budget |
|
Council’s investment income at par with the revised year to date budget. The annual budget was revised upwards by $441k ($300k General Fund and $141k for Section 94) as part of December quarter budget review to reflect additional investment income received. |
Investment Policy Compliance
|
Legislative Requirements |
|
Fully Compliant. |
|
Portfolio Credit Rating Limit |
|
Fully Compliant. |
|
Institutional Exposure Limits |
|
Fully Compliant. |
|
Term to Maturity Limits |
|
Fully Compliant. |
Economic Outlook – Reserve Bank of Australia
At its March 2015 meeting, the Board of the Reserve Bank of Australia (RBA) decided to leave the cash rate unchanged at 2.5 per cent. A statement released on 3 March 2015 by Glenn Stevens, Governor of the RBA commenting on the central bank decision is attached to this report.
Returns on Term Deposits have significantly dropped in anticipation of future RBA rate cuts. The return on longer term deposits (> 3years) is currently at 3.2% to 3.4% ;over medium term (2 to 3 years to maturity) 3.1per cent to 3.2 per cent per annum and short term deposits rate (less than one year to maturity) is ranging from 2.6 per cent for 30 days to 3.1 per cent for one year.
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 Councils Investment Policies at the time of their placement. The previous investments are covered by the “grandfather” clauses of the current investment guidelines issued by the Minister for Local Government.
CONSIDERATIONS
|
Economic and Financial |
Council’s investment income at par with the revised year to date budget. The annual budget was revised upwards by $441k ($300k General Fund and $141k for Section 94) as part of December quarter budget review to reflect additional investment income received |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Media Release Reserve Bank of Australia March 2015View
2. Investment Detail Report February 2015View
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129 |
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CFO 04 |
Investment report February 2015 |
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Attachment 1 |
Media Release Reserve Bank of Australia March 2015 |
Ordinary Meeting 25 March 2015
Chief Financial Officer
|
CFO 05 |
Council Reserves |
|
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
|
Key Policy |
Long-Term Financial Plan |
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File Ref |
055748.2015 |
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Report By |
Vishwa Nadan - Manager Financial Management |
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Approved By |
Gary Grantham - Chief Financial Officer |
Executive Summary
Council currently maintains external and internal funding reserves. While external reserves have legislative requirements, internal reserves are discretionary by nature and maintained as the Council sees fit for its purposes.
Whilst the purpose of maintaining such internal reserves has merit, it also propagates cash accounting culture which encourages spending decisions by the Management and Council that may conflict with Council’s operating results and performance indicators. With increased focus on “Fit For the Future” and accrual accounting, this practice is not prudent from a financial management perspective.
A review of Council’s current 28 internal reserves was performed and a report (CFO 08) presented to Council at its meeting on 25th February 2015.
The Council through a resolution deferred its decision, pending further briefing on the matter.
At the Budget and Finance Committee Meeting and Councillors Budget Briefing held jointly on 5 March 2015, the Councillors were briefed on reasons for the recommendations in the report.
|
That Council:
1. Receives and notes the report;
2. Approves the recommended changes to Council Reserves structure.
|
REPORT
Councils maintain funding reserves for a number of reasons, including:
· Legislative requirement to account and report on funds that are collected as a result of levying special rates or received from external sources for specific purposes (referred to as “external reserves’)
· Industry practice to maintain reasonable cash to fund employee entitlements and unexpected insurance claims etc;
· Setting aside cash to fund costs that may be cyclical.
The latter two are referred to as “internal reserves”.
There is no legislative requirement or a specific industry guideline on the number or types of internal reserves that Council should maintain.
Currently Council has 28 internal reserves for various purposes.
Whilst the purpose of maintaining such reserves has merit, it also propagates cash accounting culture which encourages spending decisions by the Management and Council irrespective of their impacts on Council’s operating results and performance indicators. With increased focus on “Fit For the Future” and accrual accounting, this practice is not prudent from a financial management perspective.
A review of all of Council’s internal reserves was performed. The objective was to reduce the number of internal reserves by consolidation and/or closure of those deemed not necessary. Attachment 1 to this report provides detailed recommendations.
The current structure for external reserves remains unchanged.
CONSIDERATIONS
|
Economic and Financial |
Lead to more informed financial decisions |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
ATTACHMENTS
Ordinary Meeting 25 March 2015
Chief Financial Officer
|
CFO 06 |
PRIMA Conference Attendance and Study Tour 2015 |
|
Strategic Direction |
Leading Proactive Council Lead partnerships and collaboration with community, business and governments |
|
Key Policy |
Enterprise Risk Management Policy |
|
File Ref |
059369.2015 |
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Report By |
Mark Brookfield - Risk Coordinator |
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Approved By |
Gary Grantham - Chief Financial Officer |
Executive Summary
The 2015 PRIMA Conference and study tour will occur between the 30 May 2015 and 12 June 2015, it is recommended that Council approve the participation and attendance of Councils Risk Management Coordinator Mark Brookfield to the 2015 PRIMA Conference and study tour.
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That Council endorses Councils Risk Management Coordinators nomination by Westpool and attendance and participation at the 2015 PRIMA Conference and study tour.
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REPORT
Council is a founding member of Westpool which is in its 26th year of operation. Westpool is a very successful cooperative arrangement with 14 other Councils. All of Councils Insurances are either self-insured by or placed through Westpool. Being a cooperative arrangement Council is an equity partner in the funds held by Westpool with unspent funds being returned to member Councils as insurance years are closed.
Westpool was formed at a time when insurance was unavailable or prohibitively expensive and is based on Insurance Pools formed in the USA to cover Councils there for their insurance exposures. As a result Westpool maintains close links with Pooling in the USA.
Westpool has over a number of years had a professional development program which includes conference attendance for nominated members. Westpool nominates delegates to periodically attend the PRIMA (Public Risk Insurance Managers Association) Conference in the USA and meet with Councils and Insurance Pools to examine the most cost effective way of delivering Local Government Insurance and services.The cost of attendance including conference registration, airfares, accommodation, meal’s and out of pocket expenses are budgeted for and paid by Westpool.
Liverpool Risk Management Coordinator Mark Brookfield has been Councils representation on the Management Committee of Westpool since the Pool was formed. He has been nominated by the Westpool Management Committee as their attendee at the 2015 PRIMA Conference in Austin Texas. PRIMA is the Public Risk and Insurance Managers Association in the USA. Westpool has had a long association and membership of PRIMA as it has been found to be the best source of Local Government Pooling, Insurance and Risk Management practices information outside Australia. The Pool normally sends one Management Committee a Board representative and the Pools CEO to attend the conference and meet with Councils and other Pools with the group discussing differing issues with different Council and Pool staff.
Whilst there is no direct cost to member Councils who have delegates attending, Westpool is a co-operative in which all member Council’s have equity. The cost of attendance is part of the Westpool Professional Development Program and is budgeted for, it is an operation cost met from member contributions so Council is indirectly funding attendance. The only direct cost to Council is time and wages for 10 normal working days involved. The full study tour arrangement are yet to be finalized and will include meetings all in Texas in Dallas, San Antonio, and Austin. Attendance benefits will be both to Council and Councils participation in management of Westpool. Looking at current trends and practices, service delivery methods, staff and community safety initiatives, insurance cover and markets in the USA, self-insurance practices, funding models, pool investment management, captives and alternate insurance options. Whilst Councils in the USA provide a larger range of services the study tour and discussions centre on the similar services delivered by Councils in Australia.
CONSIDERATIONS
|
Economic and Financial |
The costs associated with attending the 2015 PRIMA Conference and study tour is met from Westpool budgeted funds. The only direct cost to council is budgeted wages for working days during the period of attendance. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Supports and advocates for access and equity excellence across the local government industry. |
Civic Leadership and Governance |
Facilitates the development of leaders from Liverpool. Provides information about and promotes Liverpool and Liverpool Council’s leadership in the local government industry. |
ATTACHMENTS
1. PRIMA Conference Brochure 2015View
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141 |
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|
CFO 06 |
PRIMA Conference Attendance and Study Tour 2015 |
|
Attachment 1 |
PRIMA Conference Brochure 2015 |
Ordinary Meeting 25 March 2015
Chief Financial Officer
|
CFO 07 |
2015 National General Assembly of Local Government |
|
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
|
Key Policy |
Long-Term Financial Plan |
|
File Ref |
059496.2015 |
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Report By |
George Georgakis - Manager Council and Executive Services |
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Approved By |
Gary Grantham - Chief Financial Officer |
Executive Summary
The 2015 National General Assembly of Local Government (NGA) will be held in Canberra from Sunday 14 June – Wednesday 17 June 2015.
This report recommends that Council nominates delegates to attend the 2015 National General Assembly.
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That Council nominates delegates to attend the 2015 National General Assembly of Local Government to be held on Canberra from Sunday 14 June – Wednesday 17 June 2015.
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REPORT
The National General Assembly of Local Government (NGA) is a key event on the local government calendar. It is convened by the Australian Local Government Association (ALGA) for local councils across Australia to develop and express a united voice on the core issues affecting local government and their communities.
The NGA provides an important platform to showcase local government to influential decision-makers of the federal government, at both the political and departmental levels.
The 2015 NGA will be held in Canberra from Sunday 14 June to Wednesday 17 June 2015. A copy of the program is attached. Registration, accommodation, meals and travel costs will be incurred. Council is entitled to one vote at the NGA but is not limited on the number of Councillors who can attend.
The Australian Local Government Association (ALGA) Board is calling for motions for the 2015 NGA under the theme of 'Closest to the Community: Local Government in the Federation’. It reflects not only the dominant debate being pursued by the Australian Government, but also an opportunity to dig much deeper to discuss and debate the role of local government not just in the larger Federation, but in our communities.
To be eligible for inclusion in the NGA Business Papers motions must follow the principles:
1. Be relevant to the work of local government nationally;
2. Be consistent with the themes of the Assembly;
3. Complement or build in the policy objectives of your state and territory local government association;
4. Propose clear action and outcome; and
5. Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of local government.
A copy of the NGA call for motions Discussion Paper is attached.
The deadline for motions is 17 April 2015 and all motions submitted must be adopted by Council.
CONSIDERATIONS
|
Economic and Financial |
The costs associated with attending the 2015 NGA are included in the 2014/2015 budget and the costs per delegate are: - Registration: $899 per person - Accommodation: $345 per night - Meals: $230 (buffet dinner on 15 June and conference dinner on 16 June 2015) - Travel via Council vehicle |
|
Environmental and Sustainability |
Raise community awareness and support action in relation to environmental issues. |
Social and Cultural |
Raise awareness in the community about the available services and facilities. |
Civic Leadership and Governance |
Act as an environmental leader in the community. Facilitate the development of community leaders. 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. |
ATTACHMENTS
1. 2015 National General Assembly Letter of InvitationView
2. 2015 National General Assembly of Local Government - Call for MotionsView
3. 2015 National General Assembly of Local Government - Program
|
145 |
|
|
CFO 07 |
2015 National General Assembly of Local Government |
|
Attachment 1 |
2015 National General Assembly Letter of Invitation |
|
CFO 07 |
2015 National General Assembly of Local Government |
|
Attachment 2 |
2015 National General Assembly of Local Government - Call for Motions |
|
CFO 07 |
2015 National General Assembly of Local Government |
|
Attachment 3 |
2015 National General Assembly of Local Government - Program |
174
Ordinary Meeting 25 March 2015
Community and Culture Report
|
DCC 01 |
Donations, Grants and Sponsorships |
|
Strategic Direction |
Healthy Inclusive City Foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers |
|
Key Policy |
Donations Policy |
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File Ref |
003969.2015 |
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Report By |
Sarah Rees - Coordinator Community Development |
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Approved By |
Kiersten Fishburn - Director Community & Culture |
Executive Summary
Council provides financial assistance to the community under three categories; Community Donations (including Community Grants, Small Grants, Men’s Shed One-off Grants, School and Youth Donations), Sporting Donations and Corporate Sponsorship.
The Financial Contributions Panel (FCP) recently considered a number of applications from local organisations for Community Donations.
This report presents the funding recommendations made by the FCP for Council's consideration.
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That Council endorses the Financial Contribution Panel's recommendations for the provision of $17,010 under the Community Donations Program as summarised in the table below
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REPORT
The Donations program has three categories:
· Community Donations (including Community Grants, Small Grants, Men’s Shed One-off Grants School and Youth Donations);
· Sporting Donations; and
· Corporate Sponsorship.
Applications for Sporting Donations, Community Grants and Corporate Sponsorship are accepted on an ongoing basis. Applications are then reviewed by the Financial Contributions Panel (FCP) comprised of the Mayor, Deputy Mayor, Chief Executive Officer and delegated staff.
This report contains the most recent recommendations by the FCP for Community Donations.
Community Donations
Council's Community Donations Program is available to community groups who provide programs or services to the residents of Liverpool. Four applications for community grants were received by Council. Four applications met the program criteria and are recommended for funding. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the requests are outlined in the table below.
|
Applicant Details |
Project Name and Description |
Amount Requested |
FCP Recommendation |
|
The Indian Senior Citizens Society Inc. |
Social Outings and Activities For Seniors.
To provide a range of social outings and activities for Fijian Indian senior citizens who are isolated and homebound due to language and mobility barriers.
Community Benefits: · Increased engagement in social activities · Reduced marginalisation of isolated community members; and · Promotes social interactions among members of the Fijian Indian community.
|
$3,300 |
$3,300 |
|
The HUB Community Health Centre Miller Art and Fact Inc. |
Whatever Happened to Green Valley (1973) - Film and Community Forum.
To provide a platform for 2168 residents to raise issues and ideas with the view for planning and service improvements through the screening of ‘Whatever Happened to Green Valley (1973)’ documentary film.
Community Benefits: · Fosters community engagement in a disadvantaged area · Increased awareness of local needs and issues and development of strategies to address these; and · Builds capacity and empowers 2168 residents to take ownership in addressing local issues. |
$3,710 |
$3,710 |
|
Inspire Community Services Inc. |
Inspire Youth Centre (Disability Plumbing).
To provide an accessible area for young people with a disability to engage in social activities at Inspire Youth Centre.
Community Benefits: · Increased access to social activities for young people with a disability · Raises awareness of young people with a disability; and · Fosters social inclusion by integrating young people with a disability in mainstream services and activities. |
$5,000 |
$5,000 |
|
Inspire Community Services Inc. |
Inspire Youth Centre (Three split system air conditioners)
To provide a well-ventilated and conducive environment for young people by installing three split system air conditioners.
Community Benefits: · Increased youth participation from 150 per week to 250 per week once the youth centre is fitted out, upgraded and equipped with essential facilities; and · Increased engagement of young people in structured activities. |
$5,000 |
$5,000 |
CONSIDERATIONS
|
Economic and Financial |
A budget allocation of $80,000 for the Community Donations Program was adopted by Council in its 2014/2015 Operational Plan. If the recommended amount of $17,010 is endorsed the remaining balance will be $43,344.50. The recommendations within this report will be funded from the Community Donations Program.
|
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Criteria for Community Donations View
Ordinary Meeting 25 March 2015
Community and Culture Report
|
DCC 02 |
Proposed Amendments to the Liverpool Youth Council Charter |
|
Strategic Direction |
Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement |
|
Key Policy |
Community Engagement Policy |
|
File Ref |
052276.2015 |
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Report By |
Sarah Rees - Coordinator Community Development |
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Approved By |
Kiersten Fishburn - Director Community & Culture |
6Executive Summary
At its meeting on 24 September 2014, Council resolved that Liverpool Youth Council quorum consist of half plus one and two Councillor representatives. Since the commencement of this arrangement, five meetings have been convened; however, only two of these meetings achieved quorum in the absence of the required two Councillors. For this reason, it is recommended that the Liverpool Youth Council Charter be amended to include a quorum of half of Youth Council membership plus one and one Councillor representative as detailed in Section 10.1 of the attached Liverpool Youth Council Charter.
At its meeting on 26 November 2014, Council resolved that changes be made to the Liverpool Youth Council Charter to include the establishment of an eligibility list. Accordingly, Section 9.3.1 of the Liverpool Youth Council Charter has been amended to reflect this resolution.
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That Council:
1. Endorses the proposed amendment to the Liverpool Youth Council Charter to include a quorum of half plus one and one Councillor representative as detailed in Section 10.1 of the attached Liverpool Youth Council Charter.
2. Endorses the amendments resolved on 26 November 2014 to include the establishment of an eligibility list as detailed in Section 9.3.1 of the attached Liverpool Youth Council Charter.
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REPORT
The Liverpool Youth Council was established primarily to provide advice to Council about issues relating to young people, to act as a consultative mechanism for young people and to promote the interests of young people in Liverpool. Membership consists of 12 young people and Councillors.
Since the establishment of the Liverpool Youth Council in 1999, the Committee has proactively advocated for young people on key issues including education, health, homelessness and bullying. Furthermore, the Committee plans and delivers youth events and activities including CBD Exposed Urban Youth Music Festival, National Youth Week initiatives and Street Legacy.
A key purpose of Liverpool Youth Council is to expose members to the political and operational aspects of local government. To achieve this, Youth Councillors are responsible for chairing meetings, taking minutes, monitoring budgets and attending professional development opportunities.
The Committee meets monthly and is governed by the Liverpool Youth Council Charter which was updated and adopted by Council on 24 September 2014. The Charter details the roles and responsibilities of a Youth Council including quorum, decision-making and terms of office.
Quorum and Decision Making
At its meeting on 24 September 2014, Council resolved that Liverpool Youth Council quorum consist of half plus one and two Councillor representatives. Since the commencement of this arrangement, five meetings have been convened, however only two of these meetings achieved quorum in the absence of the required two Councillors. As a result, the endorsement of recommendations were delayed as items were carried over to the next meeting where a quorum was achieved.
In an attempt to achieve quorum regularly, it is proposed that the Liverpool Youth Council Charter be amended to include a quorum of half of Youth Council membership plus one and one Councillor representative as detailed in Section 10.1 of the attached Liverpool Youth Council Charter.
It is anticipated that by amending the Charter to include a quorum of half of Youth Council membership plus one and one Councillor representative, a quorum will be achieved more regularly which fosters good governance practices by ensuring decisions are endorsed in a timely manner.
Terms of Office - Casual Vacancy
In line with the recommendation by Liverpool Youth Council on 7 October 2014, at its meeting on 26 November 2014, Council resolved that changes be made to the Liverpool Youth Council Charter to include the establishment of an eligibility list. That is, should a vacancy occur during the term of appointment it will be filled by an applicant on the eligibility list. The eligibility list will contain names of applicants who have been previously interviewed and have met the stipulated criteria. Appointments made via the eligibility list will be endorsed by Council through its standard process.
The benefits derived from the establishment of an eligibility list include:
· Streamlined recruitment processes – can contact applicant straight away, rather than having to advertise, interview and appoint
· Reduced costs of advertising for membership during mid-term
· Reduced staffing resources required to undertake recruitment and appointment process; and
· Prompt return to full membership.
This recommendation was resolved by Council at its meeting on 26 November 2014. Accordingly, Section 9.3.1 of the Liverpool Youth Council Charter has been amended to reflect this resolution.
In conclusion, it is anticipated that the proposed amendments to the Liverpool Youth Council Charter will foster good governance practice, ensure the prompt endorsement of recommendations and streamline the process of appointing members during mid-term.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership and Governance |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. |
ATTACHMENTS
|
193 |
|
|
DCC 02 |
Proposed Amendments to the Liverpool Youth Council Charter |
|
Attachment 1 |
Amended Liverpool Youth Council Charter |
197
Ordinary Meeting 25 March 2015
Planning and Growth Report
|
DPG 01 |
Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment |
|
Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
|
Key Policy |
Urban Development Plans |
|
File Ref |
006642.2015 |
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Report By |
Benny Horn - Strategic Planner |
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Approved By |
Toni Averay - Director Planning & Growth |
Executive Summary
At its 26 November 2014 meeting, Council resolved “that a further report with a detailed proposal to potentially amend the Liverpool LEP and DCP to include controls relating to social impact assessment will be submitted no later than March 2015”.
Council staff have evaluated options for amending the Liverpool LEP and DCP, and recommend that Council adopt a DCP amendment and commence public exhibition of the proposed changes in accordance with legislative requirements. The proposed DCP amendment is set out in this report.
Underpinning the proposed DCP amendment, Council staff have updated Council’s current Social Impact Assessment Policy to provide clear, step-by-step guidance to assist applicants in undertaking social impact assessments in accordance with the proposed DCP controls. Council staff recommend that Council approve the updated Social Impact Assessment Policy for public exhibition, in conjunction with the proposed DCP amendment, with a further report to be provided to Council following public exhibition.
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That Council:
1. Receives and notes this report.
2. Adopts the proposed amendment to the Liverpool DCP 2008, to include controls relating to social impact assessment for specific types of development, as detailed in this report.
3. Proceeds with public exhibition in accordance with the legislative requirements for amending the Liverpool Development Control Plan 2008.
4. Adopts the updated Social Impact Assessment Policy, attached to this report, and place it on public exhibition for a period of 28 days in conjunction with the proposed DCP amendment.
5. Notes that a further report will be submitted to Council following completion of the public exhibition phase. |
REPORT
Background
Social impact assessment refers to the process in which plans, policies and applications for change to either the physical or cultural landscape of the area are reviewed and assessed in relation to the likely impact of these changes on the community. Among other things, social impacts can include changes to way of life, opportunity, inter-generational equity, health and culture in a community, and the capacity of a community to sustain these things.
In December 2013, the lodgement of DA-1454/2013 for a hotel with gaming machines on the Fontainebleau Motel site in Casula generated substantial community concern about the potential social impacts of the proposal. It also showed that Council’s existing framework for considering social impacts (Attachment 1) does not establish a clear or rigorous process for assessing those impacts, or set out the role that applicants and Council play in that process. An overview of Council’s considerations pertaining to the assessment of social impacts of liquor and gaming related development proposals following DA-1454/2013 is at Attachment 2.
In November 2014, Council staff presented a report to Council outlining four options to amend the Liverpool LEP 2008 (LLEP 2008) and Liverpool DCP 2008 (LDCP 2008), in order to restrict liquor and gaming outlets in proximity to residential areas.
The report recommended that Council amend the LDCP 2008 to include additional requirements for social impact assessment. This approach would enable Council to give substantial weight to the consideration of social impacts when assessing a development application, whilst – unlike under an LEP control – also retaining the discretion and flexibility to balance any social impacts against other outcomes on a case-by-case basis. Furthermore, unlike for an LEP amendment, which would require external assessment and a Gateway determination, the DCP amendment process – and any potential future modifications – would be undertaken internally, and could thus be completed sooner than an LEP amendment. As with an LEP amendment, Council would be required to publicly exhibit the proposed changes and consider any submissions before making its final decision to amend the DCP.
At its November meeting, Council subsequently resolved “that a further report with a detailed proposal to potentially amend the Liverpool LEP and DCP to include controls relating to social impact assessment will be submitted no later than March 2015”.
To assist Council’s consideration of such a proposal, Council staff have prepared a draft amendment to the LDCP 2008. This option is consistent with the recommended approach outlined in the November 2014 report to Council.
Proposed LDCP 2008 Amendment
The proposed amendment to the LDCP 2008 – to include requirements relating to social impact assessment – is intended to provide applicants and Council staff with clarity about the requirements and steps involved in undertaking a social impact assessment as part of an application for development. It also supports Council’s commitments under its existing framework for considering social impacts.
The proposed amendment (Attachment 3) sets Council’s objectives for social impact assessment and the types of residential, commercial and other development for which a social impact assessment would be required as part of any development application. The DCP amendment establishes the basic steps required for social impact assessments and proposes two types of social impact assessment – Social Impact Comments and Comprehensive Social Impact Assessments – and refers applicants to Council’s Social Impact Assessment Policy for detailed guidance on the procedures and required information. Table 1 lists the types of development that would require social impact assessment.
A Social Impact Comment is a brief assessment intended to provide initial scoping on social impacts. It is not intended to be an onerous process and should not require specialist technical assistance to complete; a Social Impact Comment is instead intended to raise awareness of potential issues that may warrant further consideration. A process of community consultation is not required as part of a Social Impact Comment. It is undertaken by completing an Initial Assessment Form, in which categories of social impact, such as accessibility, community identity, crime and safety, are evaluated in short-answer format. The Initial Assessment Form also requires the applicant to propose mitigations for any negative impacts and enhancements for any positive impacts that are identified. The applicant should submit the Social Impact Comment to Council at the time of lodgement of the associated development application.
A Comprehensive Social Impact Assessment seeks to provide more in-depth assessment of potential social impacts. It is to be limited only to developments in which Council perceives the potential social impacts to be of a scale and/or significance that warrants detailed analysis. A Comprehensive Social Impact Assessment involves the completion of a report (including findings) by a specialist with appropriate social science qualifications and experience, and should be submitted to Council at the time of lodgement of the development application. It also involves detailed consideration of social impact mitigations and enhancements where required, and a process of meaningful community consultation involving the impacted community.
Table 1 Types of development requiring a social impact assessment
|
Type of development |
Social Impact Comment |
Comprehensive Social Impact Assessment |
|
Residential development |
Applications for development of, or major changes to: · Residential flat buildings greater than 20 units · Multi-dwelling housing greater than 20 dwellings · Residential subdivision greater than 20 dwellings · Affordable housing, within the meaning of SEPP (Affordable Rental Housing) 2009 – excluding secondary dwellings · Housing for seniors or people with a disability, within the meaning of SEPP (Housing for Seniors or People with a Disability) 2004 · Student housing · Caravan parks
|
Application for development of, or major changes to: · Residential flat buildings greater than 100 units · Development that results in a reduction of affordable housing |
|
Commercial development |
Applications for development of, or major changes to: · Entertainment facilities · Amusement centres · Function centres (greater than 100 persons capacity) · Retail premises and other commercial development, including tattoo parlours |
Applications for development of, or major changes to: · Packaged liquor outlets · Hotels (bars, pubs, taverns), nightclubs and registered clubs · Applications for liquor licences and gaming machines* · Extension of trading hours for licensed premises · Gaming outlets · Restricted premises (e.g. sex shops) · Sex services premises (e.g. brothels) · Gun shops
|
|
Other types of development |
Applications for development of, or major changes to: · Childcare centres (greater than 20 places) · Places of public worship (greater than 200 persons capacity) · Health consulting rooms · Council-owned community facilities, including community centres, libraries, childcare centres and recreation facilities · Community land, as classified by the Local Government Act 1993
|
Applications for development of, or major changes to: · Drug rehabilitation services – including methadone clinics and safe injecting rooms · Hospitals, medical centres and community health service facilities · Freight transport facilities · Major public transport facilities |
* A Community Impact Statement is required as part of the application process with the Independent Liquor and Gaming Authority
As it is impossible to completely anticipate the scale of social impacts that various types of development may generate in each circumstance, the proposed DCP amendment also equips Council with the discretion to waive or vary requirements for social impact assessment on a case-by-case basis. This can take place at any stage of the pre-DA or DA process, when Council staff identify a proposal as having likely social impacts substantially more or less significant – or resulting in cumulative social impacts that are substantially more or less significant – than envisaged for that particular type of development in Table 1. For example, the DCP controls would equip Council with the flexibility to require an applicant to submit a Comprehensive Social Impact Assessment as part of a particular development application for which Table 1 required a Social Impact Comment or did not require any social impact assessment, and vice versa.
The discretion to waive or vary requirements for social impact assessment rests with the Manager, Development Assessment, with consideration of recommendations made by Council staff.
Under the proposed DCP amendment, social impact assessments will be reviewed by Council staff once submitted as part of a development application, and recommendations to support the development application (with or without social impact mitigation measures), not support the proposal or require further analysis of the social impacts provided to the assessing officer to inform the decision making process for the application.
Proposed update of the Social Impact Assessment Policy
In the November 2014 report to Council outlining options for an LEP or DCP amendment, Council staff recommended that the proposed amendment be formulated in conjunction with the guidelines for social impact assessment being developed by Council’s Community Planning unit. The guidelines have since been incorporated into Council’s current Social Impact Assessment Policy, and the updated Social Impact Assessment Policy (including the Social Impact Comment Initial Assessment Form) is located at Attachment 4.
The updated Social Impact Assessment Policy underpins the proposed DCP amendment by setting out in detail the policy rationale for social impact assessment and providing clear, step-by-step guidance to assist Council staff and applicants undertake social impact assessments in line with the proposed DCP controls. Forms and other documents required as part of the proposed DCP social impact assessment process are included in the appendices of the updated Social Impact Assessment Policy.
Conclusion
The proposed amendment to LDCP 2008 will provide applicants with clear requirements for social impact assessment as part of applications for development, whilst also equipping Council with the discretion to waive or vary these requirements on a case-by-case basis if foreseeable social impacts are significantly more or less – or will contribute to significantly more or less cumulative social impacts – than envisaged. Council staff recommend that Council adopt the proposed DCP amendment and proceed with public exhibition in accordance with the legislative requirements for amending the LDCP 2008.
Council’s updated Social Impact Assessment Policy will underpin the LDCP 2008 amendment, providing further detail and guidance on requirements for social impact assessment, as well as relevant forms and other documentation. Council staff therefore also recommend that Council adopt the updated Social Impact Assessment Policy, and place it on public exhibition in conjunction with the proposed DCP amendment.
Council staff will provide a further report to Council following public exhibition of the proposed DCP amendment and the updated Social Impact Assessment Policy.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Support policies and plans that prevent crime. Preserve and maintain heritage, both landscape and cultural as urban development takes place. |
Civic Leadership and Governance |
Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
ATTACHMENTS
1. Controls for Social Impact Assessment - Attachment 1 - Council s existing framework for considering social impactsView
2. Controls for Social Impact Assessment - Attachment 2 - Previous Council resolutionsView
3. Controls for Social Impact Assessment - Attachment 3 - Draft DCP AmendmentView
4. Controls for Social Impact Assessment - Attachment 4 - DRAFT Social Impact Assessment PolicyView (Under separate cover)
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203 |
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DPG 01 |
Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment |
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Attachment 1 |
Controls for Social Impact Assessment - Attachment 1 - Council s existing framework for considering social impacts |
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DPG 01 |
Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment |
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Attachment 2 |
Controls for Social Impact Assessment - Attachment 2 - Previous Council resolutions |
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DPG 01 |
Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment |
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Attachment 3 |
Controls for Social Impact Assessment - Attachment 3 - Draft DCP Amendment |
Ordinary Meeting 25 March 2015
Planning and Growth Report
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DPG 02 |
Draft Liverpool Local Environmental Plan 2008 (Amendment 48) - Attached Dual Occupancy of up to 200sqm for land zoned RU2 - Rural Landscape and Liverpool Development Control Plan 2008 (Draft Amendment 17) |
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Strategic Direction |
Liveable Safe City Facilitate diverse and more affordable housing options |
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Key Policy |
Urban Development Plans |
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File Ref |
297132.2014 |
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Report By |
Graham Matthews - Strategic Planner |
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Approved By |
Toni Averay - Director Planning & Growth |
Executive Summary
At its meeting of 26 March 2014 Council resolved to direct planning staff to, “Prepare and submit to the NSW Department of Planning and Infrastructure a planning policy to apply to all land zoned RU2 – Rural Landscape which makes permissible with consent, development for the purpose of a dual occupancy with a maximum floor space of 200sqm. The planning proposal is to make clear that this provision is to make permissible with consent attached dual occupancy.”
At its meeting of 20 June 2014 Council approved Liverpool Development Control Plan (LDCP) 2008 (Draft Amendment 17), which establishes guidelines for the development of attached dual occupancies on land zoned RU2 – Rural Landscape through amendments to Part 5 of LDCP 2008.
The proposed rezoning was given a conditional Gateway Determination by the Department of Planning and Environment on 10 September 2014. Campbelltown City Council and the Heritage Division, Office of Environment and Heritage were consulted pursuant to the Gateway requirements.
On 7 November 2014 the Department of Planning and Environment issued a revised Gateway Determination which deleted a condition of the original Gateway determination. The planning proposal and draft amendment to the LDCP 2008 were placed on public exhibition from 19 November 2014 to 18 December 2014. One submission was received,
This report outlines the outcomes of the public authority consultation and public exhibition.
In line with LEP Plan Making Delegation requirements Council officers sought Parliamentary Counsel Office (PCO) opinion on the legal drafting of the amendment to LLEP 2008. The PCO has provided correspondence which supports the draft amendment (see attachment) which requires one minor amendment to the planning proposal as exhibited.
It is recommended that Council proceed with the making of Draft LLEP 2008 (Amendment 48) as amended by the PCO and progressing LDCP 2008 (Draft Amendment 17).
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That Council:
1. Proceeds to make LLEP 2008 (Amendment 48) and refers it to the NSW Department of Planning and Environment for the plan to be published on the NSW Government legislation website.
2. Adopts LDCP 2008 (Amendment 17) in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000 to come into effect on the publication of the required notice in the local newspaper.
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REPORT
Background
At its meeting of 23 December 2013 Council requested the preparation of a report that detailed the rationale behind the imposition of maximum dual-occupancy residential size restrictions in rural and rural-residential areas, and the merits and challenges of adjusting the maximum size in each of the rural zones and the relevant Development Control Plan.
At its Ordinary Meeting of 26 March 2014 Council noted the report (Planning and Growth Report GMPG07) and resolved to direct staff to:
Prepare and submit to the NSW Department of Planning and Infrastructure a planning proposal to apply to all land zoned RU2 Rural Landscape which makes permissible with consent, development for the purpose of a dual occupancy with a maximum gross floor area of 200sqm. The planning proposal is to make clear that this provision is to make permissible with consent attached dual occupancy.
At its meeting of 20 June 2014 Council approved LDCP 2008 (Draft Amendment 17), which establishes guidelines for the development of attached dual occupancies on land zoned RU2 – Rural Landscape through amendments to Part 5 of LDCP 2008.
A planning proposal was submitted to the Department of Planning and Environment on 6 May 2014. A Gateway Determination was issued by the Department on 10 September 2014. Following consultation with the Heritage Division, Office of Environment and Heritage, a revised Gateway Determination was issued on 7 November 2014.
Public Authority Consultation
The Gateway Determination issued on 10 September 2014 required Council to consult with Campbelltown City Council and the Heritage Division, Office of Environment and Heritage. The planning proposal and supporting documentation was sent to the required public authorities on 19 September 2014.
On 14 October 2014 Campbelltown City Council confirmed that it had no objection to the planning proposal and would not be responding to the request for consultation.
A letter was received from the Heritage Division on 21 October 2014 restating concerns raised in a letter to Council regarding the planning proposal dated 9 July 2014. The Heritage Division’s concern with the proposed amendment related to the St Mary the Virgin Church and Cemetery Group, an item of local heritage significance listed under LLEP 2008 which is located on land zoned RU2 – Rural Landscape in Denham Court. It is also to be noted that the Heritage Council is currently considering a nomination for the listing of the Virgin Mary Church and Cemetery Group on the State Heritage Register.
The Heritage Division’s concern stated that a number of smaller allotments adjoin the St Mary Church and Cemetery group, and that:
An increase in the permissible gross floor area of a secondary dwelling from 60sqm to 200sqm, particularly within the vicinity of the St Mary the Virgin Church and Cemetery Group site and opposite Denham Court [a state listed heritage item situated in Campbelltown LGA on Campbelltown Road], will significantly increase the housing density and built form character of the landscape, having the high potential to erode and undermine the unique rural landscape character and the visual curtilage of both heritage items.
The Heritage Division requested that,
If Council decides to pursue these amendments to LLEP 2008, the Heritage Division recommends that Council implements a mechanism to protect and preserve the rural landscape and its attributes, particularly within the vicinity of the heritage items, such as retention of the existing gross floor area of 60sqm for secondary dwellings or excluding secondary dwellings on land below a certain land size to effectively exclude allotments surrounding the Virgin Church and Cemetery Group.
On 24 October 2014 Council wrote to NSW Planning and Environment, noting that the response from the Heritage Division raised concerns regarding ‘land below a certain land size’, which the Heritage Division has failed to quantify in terms of a minimum lot size, despite Council’s request of them to do so. Council requested the issuing of a revised Gateway Determination which clarified how Council should proceed.
On 7 November 2014 Council received a revised Gateway Determination from NSW Planning and Environment which deleted the following requirement:
1. Before the planning proposal is placed on exhibition, Council is to:
· Include provisions to preserve the rural landscape and its attributes in and around the vicinity of heritage items such as retention of the existing gross floor area of 60sqm for secondary dwellings or excluding secondary dwellings on land below a certain size in consultation with the Heritage Division, Office of Environment and Heritage.
While Council has therefore consulted with the Heritage Division as required by the Gateway determination and has considered and responded to the comments provided by the Heritage Division, Council is no longer required to amend the planning proposal in consultation with the Heritage Division. The planning proposal therefore remains substantially unaltered from that which received a Gateway Determination on 10 September 2014.
Public Exhibition Summary
Draft LLEP 2008 (Amendment 48) and LDCP 2008 (Draft Amendment 17) were publicly exhibited jointly between 19 November and 18 December 2014 in accordance with Clause 57 of the Environmental Planning and Assessment Act 1979. An exhibition period of 28 days was required pursuant to Clause 18 of the Environmental Planning and Assessment Regulation 2000. Council received one submission regarding the planning proposal. The submission raised two issues pursuant to the planning proposal, which was to argue for:
· The retention of the permissibility of detached dual occupancies within RU2 – Rural Landscape zone, and;
· Increasing the permissible maximum gross floor area of a dual occupancy on RU2 – Rural Landscape zoned land to an area greater than 200sqm.
The issues are addressed in Table 1 below.
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Submission No. |
Issues Raised |
Comment |
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1 |
1. Retain the permissibility of detached dual occupancies within RU2 – Rural Landscape zone
2. Increase the permissible maximum gross floor area of a dual occupancy on RU2 – Rural Landscape zoned land to an area greater than 200sqm.
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1. Permitting detached dual occupancies of up to 200sqm in area within RU2 – Rural Landscape zone, would contradict the intention of the planning proposal. The intent of the planning proposal is to mitigate the bulk and scale and visual impact of dual occupancies by requiring them to be attached dwellings under the same roofline.
The potential impact of larger detached dual occupancies on the existing heritage items within the Denham Court area has also not been considered, and would potentially require further consultation with the Heritage Office.
For the reasons outlined above, the retention of the permissibility of detached dual occupancies within RU2 – Rural Landscape zone is not supported.
2. Increasing the permissible maximum gross floor area of a dual occupancy on RU2 – Rural Landscape zoned land to an area greater than 200sqm, is not supported. It is noted that the planning proposal proposes an increase to the maximum gross floor area of a dual occupancy on RU2 – Rural Landscape zoned land (from 60sqm to 200sqm).
The intent of the proposal is to minimise the cumulative impact of dual occupancy dwellings and maintain the rural character of the RU2 zoned land by limiting secondary dwellings to a maximum gross floor area of 200sqm which is adequate floor area for the development of an attached dual occupancy. |
Table 1: Response to community consultation
Parliamentary Counsel Opinion
In line with the LEP Plan Making Delegation requirements Council officers sought Parliamentary Counsel Office opinion on the legal drafting of the amendment to LLEP 2008. PCO provided an opinion dated 6 February 2015 (see attachment) which required one minor amendment to be made to the planning proposal as exhibited, as follows:
· To amend Liverpool Local Environmental Plan 2008, Clause 7.10(2) – Minimum lot size for dual occupancies in rural zones by replacing “RU2 Rural Landscape or RU4 Primary Production Small Lots” with “or Zone RU4 Primary Production Small Lots, or a dual occupancy (attached) on land in Zone RU2 Rural Landscape”.
The required amendment does not alter the application of the planning proposal in any way, but further clarifies the intended outcome of making dual occupancies (attached) of up to 200sqm permissible on land zoned RU2 – Rural Landscape.
Conclusion
Draft LLEP 2008 (Amendment 48) seeks to make attached dual occupancies of up to 200sqm permissible on land zoned RU2 – Rural Landscape. The draft amendment was forwarded to public authorities for comment and exhibited in line with the requirements of the Gateway determination.
One submission was received during the public exhibition. It is requested that Council consider increasing the size of the permissible dual occupancy, and that it permit detached dual occupancy. As addressed in Table 1 above, the proposed changes suggested would contradict the intent of the planning proposal and are not supported. It is therefore recommended that Council proceed with the making of Draft LLEP 2008 (Amendment 48), as amended by Parliamentary Counsel Office.
LDCP 2008 (Draft Amendment 17) is ancillary to the LEP amendment and amends Part 5 of LDCP 2008 to provide guidelines for the development of dual occupancies (attached) of up to 200sqm on land zoned RU2 – Rural Landscape. It is recommended that LDCP 2008 (Draft Amendment 17) is adopted by Council to come into effect on the publication of a notice in the local newspaper.
CONSIDERATIONS
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Economic and Financial |
Facilitate economic development. |
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Environmental and Sustainability |
Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Final Planning Proposal for LLEP 2008 (Amendment 48)View (Under separate cover)
218
Ordinary Meeting 25 March 2015
Planning and Growth Report
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DPG 03 |
Liverpool Development Control Plan 2008 Draft Amendment 21 - Notifications relating to Single Dwelling Developments and Section 96 Modifications |
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Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
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Key Policy |
Urban Development Plans |
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File Ref |
043550.2015 |
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Report By |
Ash Chand - Executive Planner |
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Approved By |
Toni Averay - Director Planning & Growth |
Executive Summary
Council officers have identified necessary minor amendments to the Liverpool Development Control Plan (DCP) 2008. These amendments relate specifically to Section 18 Notification of Application of Part 1 the Liverpool DCP. This proposed amendment is deemed necessary for orderly and efficient use of the DCP.
It is recommended that Council publicly exhibit these amendments to the DCP and consider a future report into the outcomes of the public consultation.
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That Council:
1. Publicly exhibits Amendment 21 to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979 to facilitate the changes to Part 1 outlined in this report.
2. Receives a further report following the public exhibition period. |
REPORT
Background
Council adopted changes to the DCP at the meeting of 20 June 2014 and these came into effect on 2 July 2014. These changes were designed to reduce delays associated with unnecessary notification for development in appropriately zoned areas and meant that notification was not required for:
· Single dwelling applications; and
· Residential Flat Buildings in the CBD.
In the instances of applications for single dwellings, the amendment provided for no notification except where a variation is greater than 10% (Table 10, Level of Notification or Advertising).
However this has burdened the notification process, where for example, a variation from 4m to 3.5m to a rear boundary setback has to be notified even though this may be considered not significant.
In the instance of Section 96 applications, the amendment specifically required Section 96 modifications to existing approvals for Residential Flat Buildings to be notified as follows under Section 18.5 (Section 96 Applications):
When Council receives a Section 96 application, notification or advertising will be in accordance with the below categories:
· Section 96 (1) - No Notification
· Section 96(1) (A) – No notification if the impact of the development is being reduced or if the modifications are internal, otherwise Notify or Advertise as per the original application.
· Section 96 (2) - No notification if impact is being reduced or the modifications are internal; or otherwise Notify or Advertise as per the original application.
· Section 96AA – No notification if the impact of the development is being reduced or if the modifications are internal, otherwise Notify or Advertise as per the original application.
This has resulted in the anomaly where minor, aesthetic modifications to existing approvals for Residential Flat Buildings are subject to the delays of a notification process, whereas new applications of equal or even greater intensity are not.
To avoid notification of minor applications as outlined above, Council officers are presently relying on the exemption provision under Section 18.3, Clause 8, which should only be used in extenuating circumstances. The proposed amendment corrects the deficiency in the current process by providing a clear and efficient framework for Council officers to determine such applications.
Proposed amendment
In line with the aforementioned, the following amendments are proposed for the Liverpool Development Control Plan (DCP) 2008:
1. Section 18.1 under, Table 10 Level of Notification or Advertising amended to read,
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Land use or purpose |
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Dwelling houses |
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2. Section 18.3 under Clause 7 amended to read,
Dwelling houses – including all alterations to existing dwellings, no notification as long as the application complies with:
· Maximum Height;
· Maximum FSR;
· The requirement for no first floor rear balconies (unless overlooking public open space)
Variance of DCP controls does not require notification if the development does not detrimentally impact upon the amenity of the area and does not intensify the existing land use.
3. Section 18.5 amended to read,
· Section 96 (1) - No Notification
· Section 96(1) (A) – No notification if the impact of the development is being reduced or if the modifications are internal.
· Section 96 (2) - No notification if impact is being reduced or the modifications are internal.
· Section 96AA – No notification if the impact of the development is being reduced or if the modifications are internal.
These amendments are shown in Attachment 1 – tracked changes.
Conclusion
The DCP is seen as a working document where regular reviews and amendments are required to keep the document up to date and concise. Draft Amendment No 21 seeks to promote the orderly and efficient use the DCP in respect to notification of applications.
It is proposed that the draft changes to the DCP be publically exhibited and a further report be prepared reporting on the feedback received. It is recommended that Council publicly exhibit the proposed amendments to the DCP in accordance with Section 74C of the Environmental Planning and Assessment Act 1979.
CONSIDERATIONS
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Economic and Financial |
There are no economic and financial considerations. |
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Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Tracked Changes to Part 1 of Liverpool DCP 2008View
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221 |
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DPG 03 |
Liverpool Development Control Plan 2008 Draft Amendment 21 - Notifications relating to Single Dwelling Developments and Section 96 Modifications |
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Attachment 1 |
Tracked Changes to Part 1 of Liverpool DCP 2008 |
Ordinary Meeting 25 March 2015
Planning and Growth Report
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DPG 04 |
Liverpool Design Excellence Panel (LDEP) |
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Strategic Direction |
Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development |
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Key Policy |
Urban Development Plans |
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File Ref |
048281.2015 |
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Report By |
Lina Kakish - Manager Development Assessment |
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Approved By |
Toni Averay - Director Planning & Growth |
Executive Summary
The Design Review Panel (DRP) was established by Liverpool City Council to examine and evaluate design aspects of proposed major development such as residential flat buildings. Since its establishment, the DRP convenes on a monthly basis and has been instrumental in providing expert advice on Development Applications.
The primary function of the DRP is to provide Council officers with high level independent expert advice and expertise on urban design, architecture, landscape architecture and sustainability. The advice seeks to inform the assessment by Council officers of development applications with a view to promoting the delivery of highest quality urban design, architecture, and sustainable and inclusive design for Liverpool’s buildings and public spaces. The advice is to inform the assessment process only. It is not the purpose of the Panel to have any role in the process of determination of development applications.
Background
At its meeting on 25 June 2012 Council resolved that:
1. Council Endorses the Design Review Panel Charter.
2. Seeks expressions of Interest from suitably qualified industry representatives to become members of Liverpool City Council’s Design Review Panel for a three year period.
3. Receives a further report to assess the expressions of interest received and endorse Panel members.
An Expression of Interest seeking members of Liverpool Design Review Panel in accordance with Council’s resolution of June 2012 has not taken place.
The current Design Review Panel members have been providing advice to Council since 2008.
Design Excellence Panel
This report seeks to redefine the scope and purpose of the existing DRP through the establishment of a Design Excellence Panel (DEP). A DEP is a modern and well-tested method of influencing architectural designers to produce the highest quality architecture with a vision for the city and will provide valuable advice to ensure the best outcomes for Liverpool as part of the development application process. A DEP can also provide Council officers with guidance for improvements in the establishment and review of environmental planning instruments (i.e. Local Environmental Plans and Development Controls Plans) and advocate where a departure from planning controls results in a superior outcome.
The DEP be an experienced panel established in accordance with the requirements of the State Environmental Planning Policy No. 65 (SEPP 65) which details the requirements for such a Panel. The Panel will consist of a chairperson who will be member from the Government Architects Office and three other members who will be expert architects and urban designers. All Panel members will have a sound level of practical experience and the ability to communicate succinctly and provide practical critiques.
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That Council:
1. Endorses the draft Design Excellence Panel Charter and Procedure attached to this report.
2. Seeks expressions of interest from suitably qualified industry representatives to become members of Liverpool Design Excellence Panel for a two year period.
3. Receives a further report to assess the expressions of interest received and endorse the Panel members.
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REPORT
Purpose
The DEP will contribute to the understanding of design quality for Council officers and the public which will improve the achievement of design quality principles for development.
The purpose of the DEP is to provide expert advice on applications, planning proposals or policies relating to major commercial and residential development within the Liverpool Local Government Area early in the design process and where possible, prior to the lodgment of a relevant development application.
The attached draft DEP Charter and Procedure establishes the purpose, terms and conditions of office and procedures for the Liverpool DEP.
Functions
The Panel is an advisory group and not a decision-making body.
The role of the DEP is to thoroughly examine, evaluate and comment upon the design aspect of proposals for major development within the Liverpool Local Government Area prior to the lodgement of relevant development applications, or, where appropriate; following development application lodgement with Council.
The DEP will provide advice to potential applicants and their professional consultants of actions that could be taken to improve the quality of the design of development proposals and comment on strategic planning documents relative to the urban design issues of a proposal.
Scope
The DEP will provide expert and independent advice on the following types of development:
(a) All residential flat buildings;
(b) Medium density developments of thirty (30) units or more;
(c) New commercial buildings within the Liverpool City Centre over three storeys;
(d) New buildings or major extensions to existing development within commercial zones (being B1, B2, B3, B4 and B5 zones);
(e) New buildings for a place of public worship; and
(f) Any development for a new building or major extensions to existing development (except for low density residential development) adjacent to the Georges River or environmentally sensitive land or vegetation.
Conclusion
This report seeks to redefine the scope and purpose of the Panel through the attached draft DEP Charter and Procedure.
The establishment of a DEP is focused on the delivery of the highest quality urban design, architecture and sustainable and inclusive design for Liverpool’s buildings and public spaces; and will play a crucial role in delivering these outcomes as part of Council’s City Centre revitalisation strategy including the establishment of linkages between the City Centre and the Georges River.
The DEP will encourage quality development in the growth of Liverpool as a Regional City through promotion of best practice in urban design by connecting with the development industry through succinct communication and practical critiques. It is envisaged that the advice provided by the Panel will help guide Council officers and will be valued by Council, the development industry and the general community.
It is recommended that the attached DEP Charter and Procedure be endorsed and Council proceed with seeking expressions of interest from suitably qualified industry representatives for membership of Liverpool City Council’s DEP.
CONSIDERATIONS
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Economic and Financial |
Enhance the environmental performance of buildings and homes. |
|
Environmental and Sustainability |
Enhance the environmental performance of buildings and homes. |
Social and Cultural |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Liverpool Design Excellence Panel Draft Charter and ProcedureView
2. Council report of 25 June 2012View (Under separate cover)
3. Council resolution of 25 June 2012View (Under separate cover)
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237 |
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DPG 04 |
Liverpool Design Excellence Panel (LDEP) |
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Attachment 1 |
Liverpool Design Excellence Panel Draft Charter and Procedure |
241
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 01 |
Environment Advisory Committee Meeting Minutes of 9 February 2015 |
|
Strategic Direction |
Natural Sustainable City Lead the community to develop and implement environmentally sustainable practices |
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Key Policy |
Environment Restoration Plan |
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File Ref |
030062.2015 |
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Report By |
Kevin Smith - Manager Infrastructure Delivery |
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Approved By |
Raj Autar – Director Infrastructure and Environment |
Executive Summary
This report is tabled in order to present the Minutes of the Environment Advisory Committee (EAC) Meeting held on 9 February 2015 (see ‘Attachment 1’).
At this meeting, seven reports were considered by the Committee, none of which require endorsement by Council.
This report recommends that Council notes the minutes of the EAC Meeting.
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That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 9 February 2015. |
REPORT
The EAC is a Committee of Council constituted under Section 355 of the Local Government Act 1993. The purpose of the EAC is to:
· Consider key environmental issues facing Liverpool and make recommendations to Council;
· Provide input to Council with respect to the development of environmental programs for Liverpool;
· Work in partnership with Council in terms of various environmental initiatives;
· Provide input to the implementation of Council’s Environment Restoration Plan (ERP); and
· Provide input to the development of future programs as part of the ongoing implementation of the ERP.
On 9 February 2015, the EAC considered the following seven reports:
Report No. 01/15 (see ‘Attachment 2’) – Environment Restoration Plan (ERP) Update October to December 2014
The purpose of this report was to provide the EAC with an update on the program from October to December 2014. The key activities completed in relation to delivery of the ERP during this time included:
· The commencement of two projects;
· Contracts being developed for eight Environmental Restoration projects;
· The Bush Regeneration Team maintaining 85 sites across Liverpool;
· The EAC Meeting held on 10 November 2014;
· The spring edition of the Sustaining Liverpool Newsletter developed and distributed;
· The Environmental Activity Flyer developed and distributed; and
· One GRCCC Green Army Project in progress and an additional two about to commence.
Report No. 02/15 (see ‘Attachment 3’) – Environment Volunteer Program (EVP) Update October to December 2014
The purpose of this report was to provide the EAC with an update on the delivery of the EVP Program from October to December 2014. The key activities completed in relation to delivery of the EVP during this time included:
· Ten Environment Groups and one Streamwatch Water Quality monitoring group undertaking monthly activities;
· Monthly community tree planting activities completed at Woodside Park, Hinchinbrook;
· Monthly Sustainability Blitz Workshops including ‘Organic Garden Problem Solver’, and ‘Water Tanks in Small Spaces and for Renovations’;
· 43 registered schools participated in the Environment Citizen of the Year Program;
· Environment Volunteer Recognition Event held on 4 December 2014; and
· 347 volunteer hours completed with a value of $10,410.
Report No. 03/15 (see ‘Attachment 4’) – Green Army Project Update
The purpose of this report was to provide the EAC with an update on the status of Green Army projects for Liverpool. In December 2014, Council was successful in securing a Green Army Project at Clinches Pond, Wattle Grove Lake and parts of Chipping Norton. The project will involve training participants to deliver on ground works including noxious and environmental weed management, mulching, planting of locally native plants and litter removal. Council will be providing in-kind contributions to the project of staff time, mulch and plants. This project will commence in February 2015.
In December 2014, Council was also advised that it was successful in obtaining a Green Amy Project to be implemented in Light Horse Park and Helles Park, Liverpool. Council recognises that extensive works are being proposed in the Light Horse Park area as part of the CBD Revitilisation Project and Council will be developing a Green Army program of works that will compliment these works. Project planning is now in progress for this project.
Report No. 04/15 (see ‘Attachment 5’) – Wattle Grove Lake Works Update
The purpose of this report was to provide a broad update on works that have been occurring around Wattle Grove Lake. The update included:
· The Lakeside Master Plan;
· Park works;
· Green Army Project; and
· Water Quality Monitoring and Review.
Report No. 05/15 (see ‘Attachment 6’) – Grant Project, Jacqui Osmond Reserve Stormwater Outlet Protection
The purpose of this report was to provide the EAC with information regarding a successful grant from the NSW Office of Environment & Heritage (OEH). This grant, funded through the OEH Coastal Management Program, will fund a Stormwater Outlet Protection Project at Jacquie Osmond Reserve. OEH have provided $22,000 (to be matched by Council) to implement the stormwater protection works. The works are proposed to be completed in the 2014/2015 financial year.
Report No. 06/15 (see ‘Attachment 7’) – Grant Project, Sydney Water Grant Project
In November 2014, the Glenfield Waste Water Treatment Plant operated by Sydney Water experienced a major malfunction which caused untreated waste water to be discharged into the Georges River at Glenfield. As a result of this incident, Sydney Water, as part of its mitigation measures, offered Liverpool Council $100,000 under an enforceable undertaking with the Environment Protection Authority (EPA) to contribute to a pollution reduction project in the catchment. Council has entered into the agreement to install two gross pollutant traps (GPTs) at Ashcroft. The project will cost $140,000 with Council contributing $40,000 to the project.
Report No. 07/15 (see ‘Attachment 8’) – Sustainable Environment 2013-2014 End of Financial Year Energy and Water Actions Report
This report aims to provide an outline of Council’s energy and water use over the 2013/2014 financial year and provide a snapshot of key activities undertaken to minimise Council’s energy and water use within its key facilities. Energy and water actions are in keeping with Council’s broader vision of environmental sustainability. 2013/2014 saw a 3% reduction in overall energy usage (compared to the previous financial year). This reduction is partially due to the retrofits of key facilities described in this report. However, water usage increased by 10% over the same period. This increase is linked to irrigation of Council’s parks and ovals.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
Manage the environmental health of waterways. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues. |
Social and Cultural |
Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership and Governance |
Act as an environmental leader in the community. Encourage the community to engage in Council initiatives and actions. |
ATTACHMENTS
1. EAC meeting minutes of meeting held on 9 February 2015View (Under separate cover)
2. EAC Report No. 01/15View
3. EAC Report No. 02/15View
4. EAC Report No. 03/15View
5. EAC Report No. 04/15View
6. EAC Report No. 05/15View
7. EAC Report No. 06/15View
8. EAC Report No. 07/15View
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245 |
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CTTE 01 |
Environment Advisory Committee Meeting Minutes of 9 February 2015 |
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Attachment 2 |
EAC Report No. 01/15 |
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CTTE 01 |
Environment Advisory Committee Meeting Minutes of 9 February 2015 |
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Attachment 3 |
EAC Report No. 02/15 |
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CTTE 01 |
Environment Advisory Committee Meeting Minutes of 9 February 2015 |
|
Attachment 4 |
EAC Report No. 03/15 |
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CTTE 01 |
Environment Advisory Committee Meeting Minutes of 9 February 2015 |
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Attachment 5 |
EAC Report No. 04/15 |
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CTTE 01 |
Environment Advisory Committee Meeting Minutes of 9 February 2015 |
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Attachment 6 |
EAC Report No. 05/15 |
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CTTE 01 |
Environment Advisory Committee Meeting Minutes of 9 February 2015 |
|
Attachment 7 |
EAC Report No. 06/15 |
|
CTTE 01 |
Environment Advisory Committee Meeting Minutes of 9 February 2015 |
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Attachment 8 |
EAC Report No. 07/15 |
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 02 |
Street Naming Committee Minutes 3 February 2015 |
|
Strategic Direction |
Proud Engaged City Strengthen and celebrate Liverpool’s unique community identity |
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Key Policy |
Community Engagement Policy |
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File Ref |
036981.2015 |
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Report By |
Lisa Mackay - Strategic Planner |
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Approved By |
Toni Averay – Director Planning and Growth |
Executive Summary
This report is tabled in order to present the Minutes of the Street Naming Committee Meeting held on 3 February 2015.
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That Council:
1. Receives and notes the Minutes of the Street Naming Committee Meeting held on 3 February 2015.
2. Proceeds with the naming of Agazio Riitano Pond in Middleton Grange.
3. Proceeds with the naming of El Alamein Park in Liverpool, excluding the word memorial. |
REPORT
The Minutes of the Street Naming Committee held on 3 February 2015 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.
Agazio Riitano Pond in Middleton Grange
The proposed naming of Agazio Riitano Pond was placed on exhibition by the Geographical Names Board of New South Wales (GNB). During the exhibition period an objection against the name was received. The objection detailed that the naming of the Pond should represent all of the families who farmed the land in the area not just one farmer. The committee noted the objection however it is recommended to go ahead with the proposed name of Agazio Riitano Pond as it is preferred to name the pond after an individual who was recognised in the community. Additionally the name Agazio Riitano Pond had two submissions in favour of the name during the public exhibition.
El Alamein Park in Liverpool
The proposed renaming of Alamein Park to El Alamein Park in Liverpool was placed on exhibition by the GNB. During the exhibition period an objection was received as the exhibition omitted the word memorial from the park name, as per the Council Resolution. The word memorial was omitted as the GNB do not support the use of the word memorial in park names as the name itself is considered a memorial if named after a person or a significant place or event.
A request was sent to the GNB to leave the word memorial in the name. This request was rejected as they stand by their policy of not supporting the use of the word memorial in the naming of parks.
It is noted that Council did attempt to cater for the applicant’s objection but the GNB denied this request. As the road that the park is located on has already been renamed from Alamein Avenue to El Alamein Avenue, the Committee strongly recommends that the park name changes to El Alamein Park. The park name not changing to coincide with the street name could cause further confusion for residents and emergency services in the future.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
|
289 |
|
|
CTTE 02 |
Street Naming Committee Minutes 3 February 2015 |
|
Attachment 1 |
Minutes Tuesday 3 February 2015 Street Naming Committee |
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 03 |
Minutes of the Liverpool Access Committee 12 February 2015 |
|
Strategic Direction |
Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement |
|
Key Policy |
Community Engagement Policy |
|
File Ref |
039523.2015 |
|
Report By |
Sarah Rees - Coordinator Community Development |
|
Approved By |
Kiersten Fishburn – Director Community and Culture |
Executive Summary
This report is tabled in order to present the minutes of the Liverpool Access Committee Meeting held on 12 February 2015.
|
That: 1. Council receives and notes the minutes of the Liverpool Access Committee Meeting held on 12 February 2015.
2. The matter of construction sites causing access issues be referred to Planning and Growth and Compliance for investigation and appropriate action.
3. The accessible entry to Bigge Park opposite Goulburn Street be incorporated into the upgrades of the park.
|
REPORT
1. The minutes of the Liverpool Access Committee held on 12 February 2105 are attached for the information of Council
2. The minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Raise awareness in the community about the available services and facilities. Support access and services for people with a disability. |
Civic Leadership and Governance |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. |
ATTACHMENTS
1. Access Committee Minutes - 12 February 2015View
|
293 |
|
|
CTTE 03 |
Minutes of the Liverpool Access Committee 12 February 2105 |
|
Attachment 1 |
Access Committee Minutes - 12 February 2015 |
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 04 |
No Intermodal Committee meeting minutes 3 February 2015 |
|
Strategic Direction |
Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement |
|
Key Policy |
Community Engagement Policy |
|
File Ref |
048525.2015 |
|
Report By |
Maria Fabian - Administration Officer |
|
Approved By |
Toni Averay – Director Planning and Growth |
Executive Summary
This report is tabled in order to present the Minutes of the No Intermodal Committee Meeting held on 3 February 2015.
|
That Council receives and notes the Minutes of the No Intermodal Committee Meeting held on 3 February 2015.
|
REPORT
1. The Minutes of the No Intermodal Committee meeting held on 3 February 2015 are attached for the information of Council.
2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
Raise community awareness and support action in relation to environmental issues. |
Social and Cultural |
The media campaign will raise awareness about the potential impacts of the intermodal proposals. |
Civic Leadership and Governance |
Actively advocate for Federal and State government support, funding and services. |
ATTACHMENTS
1. Draft No Intermodal Committee Meeting Minutes 3 February 2015View
|
299 |
|
|
CTTE 04 |
No Intermodal Committee meeting minutes 3 February 2015 |
|
Attachment 1 |
Draft No Intermodal Committee Meeting Minutes 3 February 2015 |
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 05 |
Minutes of the Aboriginal Consultative Committee Meeting held on the 4 February and 4 March 2015 |
|
Strategic Direction |
Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement |
|
Key Policy |
Community Engagement Policy |
|
File Ref |
052388.2015 |
|
Report By |
Sarah Rees - Coordinator Community Development |
|
Approved By |
Kiersten Fishburn – Director Community and Culture |
Executive Summary
This report is tabled in order to present the Minutes of the Aboriginal Consultative Committee meeting held on 4 February 2015 and 4 March 2015.
|
That Council receive and note the minutes of the Aboriginal Consultative Committee Meeting held on 4 February 2015 and 4 March 2015.
|
REPORT
1. The minutes of the Aboriginal Consultative Committee held on 4 February 2015 and 4 March 2015 are attached for the information of Council.
2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Raise awareness in the community about the available services and facilities. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Support community organisations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination. There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Aboriginal Consultative Committee Minutes held on 4 February 2015 View
2. Aboriginal Consultative Committee Minutes held on 4 March 2015View
|
303 |
|
|
CTTE 05 |
Minutes of the Aboriginal Consultative Committee Meeting held on the 4 February and 4 March 2015 |
|
Attachment 1 |
Aboriginal Consultative Committee Minutes held on 4 February 2015 |
|
CTTE 05 |
Minutes of the Aboriginal Consultative Committee Meeting held on the 4 February and 4 March 2015 |
|
Attachment 2 |
Aboriginal Consultative Committee Minutes held on 4 March 2015 |
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 06 |
Minutes of Building Our New City Committee meeting held 4 March 2015 |
|
Strategic Direction |
Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney |
|
Key Policy |
Economic Development Strategy |
|
File Ref |
052604.2015 |
|
Report By |
Nicole Voorhout - Personal Assistant to the Director Economy and Engagement |
|
Approved By |
Michael Cullen – Director Economy & Engagement |
Executive Summary
This report is tabled in order to present the Minutes of the Building Our New City Committee Meeting held on 4 March 2015.
|
That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 4 March 2015. |
REPORT
1. The Minutes of the Building Our New City Committee meeting held on 4 March 2015 are attached for the information of Council.
2. The Minutes identify a number of actions for Council staff, none of which have further financial implications for Council.
CONSIDERATIONS
|
Economic and Financial |
The activities of the Committee support Council’s efforts to further develop a commercial centre that accommodates a variety of employment opportunities. |
|
Environmental and Sustainability |
Environmental and sustainability considerations will be factored into urban design for key City Centre precincts. |
Social and Cultural |
Revitalisation of the City Centre will embrace a range of arts and space activation opportunities. |
Civic Leadership and Governance |
The Committee provides guidance for Council’s Building Our New City Projects. |
ATTACHMENTS
|
311 |
|
|
CTTE 06 |
Minutes of Building Our New City Committee meeting held 4 March 2015 |
|
Attachment 1 |
Building Our New City Committee 4 March 2015 FINAL |
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 07 |
Minutes of Economic Development and Events Committee meeting held 4 March 2015 |
|
Strategic Direction |
Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney |
|
Key Policy |
Economic Development Strategy |
|
File Ref |
052629.2015 |
|
Report By |
Nicole Voorhout - Personal Assistant to the Director Economy and Engagement |
|
Approved By |
Michael Cullen – Director Economy and Engagement |
Executive Summary
This report is tabled in order to present the Minutes of the Economic Development and Events Committee meeting held on 4 March 2015.
|
That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 4 March 2015. |
REPORT
1. The Minutes of the Economic Development and Events Committee meeting held on 4 March 2015 are attached for the information of Council.
2. The Minutes identify a number of actions for Council staff, none of which have further financial implications for Council.
CONSIDERATIONS
|
Economic and Financial |
The activities of the Committee support Council’s efforts to facilitate economic development. |
|
Environmental and Sustainability |
Environmental and sustainability considerations will be factored into economic development activities. |
Social and Cultural |
Economic development will boost demand for cultural and arts activities. |
Civic Leadership and Governance |
The Committee provides guidance for Council’s economic development projects and initiatives. |
ATTACHMENTS
1. MINUTES Economic Development and Events Committee meeting 4 March 2015 FINAL
|
319 |
|
|
CTTE 07 |
Minutes of Economic Development and Events Committee meeting held 4 March 2015 |
|
Attachment 1 |
MINUTES Economic Development and Events Committee meeting 4 March 2015 FINAL |
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 08 |
Minutes of Badgerys Creek Airport Taskforce meeting held 4 March 2015 |
|
Strategic Direction |
Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney |
|
Key Policy |
Economic Development Strategy |
|
File Ref |
052632.2015 |
|
Report By |
Nicole Voorhout - Personal Assistant to the Director Economy and Engagement |
|
Approved By |
Michael Cullen – Director Economy and Engagement |
Executive Summary
This report is tabled in order to present the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 4 March 2015.
|
That Council receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 4 March 2015.
|
REPORT
1. The Minutes of the Badgerys Creek Airport Taskforce held on 4 March 2015 are attached for the information of Council.
2. The Minutes identify a number of actions for Council staff, none of which have further financial implications for Council.
CONSIDERATIONS
|
Economic and Financial |
The activities of the Taskforce will support Council’s efforts to advocate to the Commonwealth and NSW Governments for the necessary infrastructure and planning investments to support the Airport and its ability to generate new economic development opportunities for the Liverpool local government area |
|
Environmental and Sustainability |
Environmental and sustainability factors will be important aspects that need to be considered in development of the Airport at Badgerys Creek. |
Social and Cultural |
The availability of supporting social and cultural facilities will be important considerations in development of the Airport site at Badgerys Creek. |
Civic Leadership and Governance |
The Taskforce will assist Council in its advocacy efforts to influence the Commonwealth and NSW Governments decision concerning development of the Airport and its connecting infrastructure. |
ATTACHMENTS
1. MINUTES Badgerys Creek Airport Taskforce 4 March 2015 FINAL
|
327 |
|
|
CTTE 08 |
Minutes of Badgerys Creek Airport Taskforce meeting held 4 March 2015 |
|
Attachment 1 |
MINUTES Badgerys Creek Airport Taskforce 4 March 2015 FINAL |
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 09 |
Minutes of the Budget and Finance Committee and Councillor Budget Briefing held on 5 March 2015 |
|
Strategic Direction |
Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations |
|
Key Policy |
Long-Term Financial Plan |
|
File Ref |
055758.2015 |
|
Report By |
Vishwa Nadan - Manager Financial Management |
|
Approved By |
Gary Grantham – Chief Financial Officer |
Executive Summary
This report is tabled in order to present the Minutes of the Budget and Finance Committee Meeting and Councillor Budget Briefing which were held jointly on 5 March 2015.
|
That Council receives and notes the Minutes of the Budget and Finance Committee Meeting and Councillor Budget Briefing held jointly on 5 March 2015.
|
REPORT
1. The Minutes of the Budget and Finance Committee Meeting and Councillor Budget Briefing held jointly on 5 March 2015 are attached for the information of Council.
2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
There are no social and cultural considerations. |
Civic Leadership and Governance |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Councillor 2015/16 Budget Briefing dated 5 March 2015View
|
333 |
|
|
CTTE 09 |
Minutes of the Budget and Finance Committee and Councillor Budget Briefing held on 5 March 2015 |
|
Attachment 1 |
Councillor 2015/16 Budget Briefing dated 5 March 2015 |
Ordinary Meeting 25 March 2015
Committee Reports
|
CTTE 10 |
Meeting Notes of the Liverpool Youth Council meeting held 3 March, 2015 |
|
Strategic Direction |
Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement |
|
Key Policy |
Community Engagement Policy |
|
File Ref |
061288.2015 |
|
Report By |
Sarah Rees - Coordinator Community Development |
|
Approved By |
Kiersten Fishburn – Director Community and Culture |
Executive Summary
This report is tabled in order to present the Meeting Notes of the Liverpool Youth Council Meeting held on 3 March, 2015
|
That Council:
1. Receives and notes the Meeting Notes of the Liverpool Youth Council Meeting held on 3 March, 2015.
2. Endorses the motion raised to declare vacant the Youth Council membership of Luke Hey.
|
REPORT
1. The Meeting Notes of the Liverpool Youth Council held on 3 March, 2015 are attached for the information of Council.
2. The Meeting Notes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic and Financial |
There are no economic and financial considerations. |
|
Environmental and Sustainability |
There are no environmental and sustainability considerations. |
Social and Cultural |
Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership and Governance |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. |
ATTACHMENTS
|
339 |
|
|
CTTE 10 |
Meeting Notes of the Liverpool Youth Council meeting held 3 March, 2015 |
|
Attachment 1 |
Meeting Notes 3 March 2015 Liverpool Youth Council |
340
Ordinary Meeting 25 March 2015
Questions with Notice
|
QWN 01 |
Question with Notice - Clr Stanley |
|
Strategic Direction |
Proud Engaged City Strengthen and celebrate Liverpool’s unique community identity |
|
Key Policy |
Heritage Strategy |
|
File Ref |
050209.2015 |
QUESTION WITH NOTICE
Please address the following:
1. Can I be advised if a report has been prepared for Council on the outcomes of the attached Liverpool Heritage Strategy 2011-2014? If this has been presented can I be provided with a copy? If not when will such a report be ready?
A review of the 2011-2014 Heritage Strategy will be one of the key inputs into the new LEP. In the interim, a review of properties having potential heritage value is being conducted to identify any priority action items. A report on the proposed timeline for the preparation of the new LEP will be prepared for the April Council meeting.
2. Can I be advised the progress of the review regarding the Heritage Conservation Management Plan as described on Liverpool Council website http://www.liverpool.nsw.gov.au/council/policies-and-forms/forms-publications-and-policies
The review of existing conservation management plans will be a matter considered as part of the new Heritage Strategy. The list of conservation management plans on Council’s website is to be updated soon.
3. Does Council require in its DA process an archaeological report for areas especially in the CBD that are likely because of their uses of the last two hundred years to contain items of interest?
The majority of the CBD is covered by the heritage listing known as the Plan of Town of Liverpool (Item No. 89) pursuant to the Liverpool Local Environmental Plan, which relates not only to the Colonial period grid layout of Liverpool but more importantly the archaeology it contains (heritage inventory attached). To enable the appropriate management of this heritage item a study was undertaken in 1996 by Casey & Lowe Associates for Liverpool City Council. This study, titled ‘Liverpool Archaeological Zoning and Management Plan’ identifies lots in the CBD that have archaeological potential. If development is proposed in the CBD on one of the sites identified as having archaeological potential then an archaeological assessment is required to be submitted with the DA.
4. What requirements must be met if items of significance are found?
If development is proposed in the CBD on one of the sites identified as having archaeological potential then an archaeological assessment is required to be submitted with the DA.
5. Is there a process to determine areas of Aboriginal significance and how these areas are dealt with in any potential Development Application?
For all Pre-DA meetings the Heritage Officer researches the location to determine if an Aboriginal heritage study covers the area. If so, the study is reviewed to decide if the site is identified as having archaeological sensitivity and takes into consideration the recommendations of this report. If the site is noted as having archaeological sensitivity then an Aboriginal heritage assessment is required as part of the DA. If no study is available, a basic assessment of the site is undertaken including: an Aboriginal Heritage Information Management System (AHIMS) search to determine if Aboriginal sites are known on the site or in the vicinity; and basic site prediction modelling to identify potential sites (i.e. large areas of uncleared land in close proximity to a watercourse). If the site is considered to have potential for Aboriginal cultural heritage based on this assessment, then a due diligence assessment or a full archaeological assessment may be required as part of the DA documentation. All archaeological assessments must be undertaken in accordance with OEH guidelines.
ATTACHMENTS
1. The Heritage Strategy for the City of Liverpool 2011-2014View
|
361 |
|
|
QWN 01 |
Question with Notice - Clr Stanley |
|
Attachment 1 |
The Heritage Strategy for the City of Liverpool 2011-2014 |
Ordinary Meeting 25 March 2015
Questions with Notice
|
QWN 02 |
Question with Notice - Clr Stanley |
|
Strategic Direction |
Proud Engaged City Strengthen and celebrate Liverpool’s unique community identity |
|
Key Policy |
Heritage Strategy |
|
File Ref |
050281.2015 |
QUESTION WITH NOTICE
Please address the following:
Can I be advised if a decision has been made as to where and when the Cenotaph in the Mall will be relocated and the projected cost?
The Cenotaph located in Macquarie Mall was commissioned by Liverpool City Council in 1994 to coincide with the upgrade of the Mall. Lisa Anderson, the artist collaborated with the local community in the design development phase. The design of this sculpture uses columns as the classical representations of the body, these figures surround the fallen figure, resting on the grass. The garden is constructed in the shape of the demi-glory of bayonets, commonly known as the rising sun badge. The bottom part of the broken stem acts as a sundial at the 11th hour on the 11th month, casting a shadow into the top part of the broken stem and reuniting the figure on Remembrance Day. The impressions in the camouflaged sentry columns represent objects of war and peace brought forward by the Liverpool community and Defence Forces archives. The story on the fallen stem represents loss, that emotion most keenly felt in a community touched by war. The Cenotaph was dedicated by His Excellency Rear Admiral Peter Sinclair AC, Governor of NSW in December 1994.
The planned upgrade to Macquarie Mall means that the Cenotaph will have to be removed. Kiersten Fishburn, Director Community and Culture, and Albert Galetta, Manager Buildings and Open Space Construction, have spoken with the artist, Lisa Anderson, to inform her of this. Considering the significance of the piece, it is planned to reinstall it in a new location – a number of sites are currently under consideration. It is the wish of the artist that it is reinstalled and not decommissioned. The artist has also expressed a wish to be involved in this process and sees the possibility of bringing together the local community again. This would seem fitting at a time when we are commemorating 100 years since World War 1. As the final site has not yet been determined, the costs of removal and re-installation are not clear but a likely indicative figure is approx. $100,000.
The RSL have also been consulted and are happy to have the work re-installed in an alternative site.
Pip Playford, the artist of the fountain (also located in the mall), has also been informed and is understanding of the plans and the desire to rejuvenate the Mall. CPAC staff are looking at the possibility of providing some of the fountain sculptures as artworks for the community – for example, in local schools. The artist would be appreciative if this could be done.
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