Liverpool City Council

Business Paper

 

 

 

 

Council Agenda

 

 

 

 

 

 

 

 

Ordinary Council Meeting

30 September 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Francis Greenway Centre

170 George Street

Liverpool


Description: LCC_bw_logo 

 

 

 

 

 

 

 

 

 

 

 

 


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, 30 September 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.

 

Text Box:
 

 

 


Gary Grantham

ACTING CHIEF EXECUTIVE OFFICER

 

 


 

 

 


Order of Business

 

                                                                                                              PAGE     TAB

Opening

Prayer

Apologies 

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 26 August 2015............................................................... 11

ExtraordinaryCouncil Meeting held on 2 September 2015.................................................... 88

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NOMR 01       Notice of Motion of Rescission - NOM 04 Orthodox Interfaith Lunch 2016 from the Council meeting of 26 August 2015................................................................ 93......... 1

Notices of Motion

NOM 01          Timing of Committee meetings...................................................................... 94......... 2

NOM 02          Lurnea High School 50th Anniversary ........................................................... 96......... 3

NOM 03          Investigation into allegations made in NSW Legislative Council about Liverpool Council                                                                                                                         99......... 4

NOM 04          Housing Crisis .............................................................................................. 101......... 5

NOM 05          Customer Service......................................................................................... 103......... 6

NOM 06          Determination Moorebank Recyclers by Planning Assessment Commission 105        7

NOM 07          Pump House (Coffee Shop) Bigge Park Liverpool...................................... 107......... 8

NOM 08          Action Forum for the Women of the Western Sydney Region.................... 109......... 9

NOM 09          Phase Three Land Reclassifications and Rezonings................................... 112....... 10

NOM 10          Air Quality Monitoring................................................................................... 115....... 11

NOM 11          Recovering Plans ......................................................................................... 117....... 12

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

IHAP 01          DA-66/2015 - Construction of 19 detached and 4 semi-detached dwellings and community title subdivision on proposed development Lots 5 and 10 within proposed Lot 22, in the Plan of Subdivision of Lots 31 and 32 in DP 1181985 within the former New Brighton Golf Course.................................................................................... 119....... 13

IHAP 02          DA-198/2015 - Three stage Torrens title subdivision and construction of 12 dwellings at Lot 310 DP 1186176 Bryant Avenue, Lot 311 DP 1186176 Flynn Avenue, and Lot 2 DP 1184259 Genairco Park, Hall Circuit, Middleton Grange............................. 129....... 14

IHAP 03          DA-1105/2014 - Demolition of existing structures and Torrens title subdivision over 2 stages: Stage 1 seeks approval for the creation of five lots. Stage 2 seeks approval for the creation of 24 lots and demolition at 636 Hoxton Park Road, Hoxton Park 139   15

IHAP 04          DA-180/2015 - Two lot Torrens title subdivision at 64 Pleasure Point Road, Pleasure Point                                                                                                                       146....... 16

IHAP 05          DA-630/2014 - Three lot Torrens title subdivision at 20 First Avenue, Hoxton Park 153 17

IHAP 06          DA-304/2015 - Three lot Torrens title subdivision at 11 Bullrush Cr, Voyager Point 160 18

Development Application Determination Report

NIL

Chief Executive Officer Report

CEO 01          Corporate Sponsorships............................................................................... 168....... 19

CEO 02          Carnes Hill Precinct Signage........................................................................ 174....... 20

Business Improvement Report

NIL

Chief Financial Officer

CFO 01           Review of Delegations by Council to the Chief Executive Officer.............. 176....... 21

CFO 02           Election of Deputy Mayor............................................................................. 185....... 22

CFO 03           Investment Report August 2015................................................................... 188....... 23

CFO 04           Appointment of Councillors to Committees and Affiliated Bodies................ 198....... 24

CFO 05           Councillor Transparency............................................................................... 208....... 25

City Presentation Report

NIL

Community and Culture Report

DCC 01          Grants and Donations Policy Post-exhibition Report................................... 251....... 26

DCC 02          Draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 257                                                                                                                         27

DCC 03          Grants and Donations................................................................................... 269....... 28

DCC 04          Fijian Prime Minister visit to Liverpool.......................................................... 276....... 29

Economic Development Report

DEE 01           City Exchange Report 2015 ........................................................................ 278....... 30

Infrastructure and Environment Report

NIL

Planning and Growth Report

DPG 01          Miller Town Centre Master Plan 2015 ......................................................... 281....... 31

DPG 02          Proposed amendment to the Liverpool Local Environmental Plan 2008 - Rezoning of land at 311 Hume Highway, Liverpool................................................................. 286....... 32

DPG 03          Draft Liverpool Local Environmental Plan 2008 (Amendment 53) - Rezoning of part Copeland Street, Liverpool........................................................................... 300....... 33

DPG 04          Compliance Levy.......................................................................................... 326....... 34

DPG 05          Review of Liverpool City Council Section 94 Contributions Framework..... 333....... 35

Property and Commercial Development Report

DPC 01           Acquisition of Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, for road purposes 343                                                                                                                         36

Committee Reports

CTTE 01         Environment Advisory Committee Meeting minutes held on 10 August 2015 346      37

CTTE 02         Minutes of the Budget and Finance Committee held on 5 August 2015 and 2 September 2015.............................................................................................................. 381....... 38

CTTE 03         Minutes of Building Our New City Committee meeting held 2 September 2015      389 39

CTTE 04         Liverpool Sports Committee minutes of meeting 30 July 2015................... 397....... 40

CTTE 05         Minutes of the Civic Advisory Committee Meeting held 25 August 2015.... 409....... 41

CTTE 06         Minutes of Economic Development and Events Committee meeting held 2 September 2015.............................................................................................................. 416....... 42

CTTE 07         Minutes of the Planning and Development Committee Meeting held on 2 September 2015                                                                                                                       441....... 43

Questions with Notice

QWN 01         Question with Notice - Clr Harle................................................................... 448....... 44

QWN 02         Question with Notice - Clr Harle................................................................... 450....... 45

QWN 03         Question with Notice - Clr Stanley................................................................ 453....... 46

QWN 04         Question with Notice - Clr Stanley................................................................ 455....... 47

QWN 05         Question with Notice - Clr Stanley................................................................ 457....... 48

QWN 06         Question with Notice - Clr Stanley................................................................ 459....... 49  

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   Compulsory acquisition of part Lot 7001 DP 1027994, 16 Stroud Avenue, Warwick Farm, known as 'Rosedale Park' for road purposes

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   Voyager Point Footbridge - Legal Dispute

Reason:     Item CONF 02 is confidential pursuant to the provisions of s10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

CONF 03   RCL2449 - Major Events Core Infrastructure

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

 

CONF 04   Easement for Underground Cables over Lots 15 & 16 in DP1129945 known as Light Horse Park in Liverpool, Lot 13 in DP247485 known as Mill Park in Liverpool and Lot 11 in DP881265 known as Helles Park in Moorebank.

Reason:     Item CONF 04 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 05   RCL2459 - Plant and Equipment Hire

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   Order of Liverpool Awards

Reason:     Item CONF 06 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 07   Acquisition of part Lot 1 DP 112012, 35 Rynan Avenue, Edmondson Park, for drainage and open space 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   ST2480 Fire Safety Programme Fire Engineered Solutions

Reason:     Item CONF 08 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 09   Proposed reclassification, rezoning and disposal of part Lot 1001 DP 1006332, Forcett Close, West Hoxton

Reason:     Item CONF 09 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 10   Tender RCL2383 - Recognised Contractor Listing for Stormwater Drainage Pipe Rehabilitation Works

Reason:     Item CONF 10 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

CONF 11   ST2441 - Newspaper Advertising

Reason:     Item CONF 11 is confidential pursuant to the provisions of s10(A)(2)(d ii) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

 

CONF 12   ST2483 Provision of Expert Legal Services

Reason:     Item CONF 12 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 13   Legal Affairs Report

Reason:     Item CONF 13 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. (Provided in Confidential Addendum Booklet)

 

CONF 14   Legal Matter - Moorebank Waste Recycling Project

Reason:     Item CONF 14 is confidential pursuant to the provisions of s10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Provided in Confidential Addendum Booklet)

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11

 

 

 

 

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 26 August 2015

 

 

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

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

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 6.12pm.

 

 

OPENING                              6.12pm

PRAYER                               The prayer of the Council was read by Pastor Steve Riethmuller from Cartwright Gospel Chapel.

APOLOGIES                         Clr Hadchiti

Motion:                                  Moved: Mayor Mannoun           Seconded: Clr Balloot

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

CONDOLENCES                Nil

Confirmation of Minutes

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Balloot

 

That the minutes of the Ordinary Meeting held on 29 July 2015 be confirmed as a true
record of that meeting.

 

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

 

Declarations of Interest

 

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

 

Item DCC 01:     Donations, Grants and Sponsorships

Reason:              Clr Waller is a board member for the not for profit organisation Eggtober Foundation and uses the services provided by the organisers of Walk for William.

 

Clr Waller remained in the Chambers for the duration of this item.

Public Forum

Presentation – items not on agenda

Nil

Representation – items on agenda

 

1.    Major Belinda Spicer from The Salvation Army addressed the Council on the following item:

 

Item NOM 06: Mayoral Charity Ball 2016

 

Motion:                                            Moved: Mayor Mannoun     Seconded: Clr Balloot

 

That a two minute extension of time be given to Major Belinda Spicer.

 

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

 

  1. Mr Brett McAndrew-Jenkins addressed Council on the following item:

 

Item NOM 06: Mayoral Charity Ball 2016

 

 

 

  1. Ms.Tina Parker from the Miracle Babies Foundation addressed the Council on the following item:

 

Item NOM 06: Mayoral Charity Ball 2016

 

  1. Mr Peter Bernard addressed Council on the following item:

 

Item IHAP 01: Proposed use of site for container depot at 77 Governor Macquarie Drive, Chipping Norton (Lot 38 DP 17311)

 

5.    Mr David Milovanovic addressed the Council on the following item:

 

Item NOM 04: Orthodox Interfaith Lunch 2016

 

  1. Mr Raffaele Catanzariti addressed the Council on the following item:

 

Item NOM 09: Cleaning Tender

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadid

 

That a two minute extension of time be given to Mr Raffaele Catanzariti.

 

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

 

  1. Ms Melissa Coros addressed the Council on the following item:

 

Item NOM 03: Liverpool Bowling Club Site

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Mamone

 

That a two minute extension of time be given to Ms Melissa Coros.

 

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

 

  1. Mr Ray Mifsud addressed the Council on the following item:

 

Item NOM 10: Council and Executive Support

 

  1. Mr Leo Epifania will address Council on the following item:

 

Item NOM 13: Media releases of Liverpool Councils negotiations with the Wests Tigers Rugby League Football Club

 

 

 

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That a two minute extension of time be given to Mr Leo Epifania.

 

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


 

Mayoral Minute

 

SUBJECT: Farewell, Goodbye and Hello

 

13 years ago Father Georgious Ramandious started his service at the St George and Prince Tadros Church in Liverpool. Since then he has served the community with diligence, with honour and as the leader of the Coptic Orthodox Church.

 

Council is very sad that Father Georgious, and his family, has left us and has gone to lead his new congregation in Pennsylvania in the USA. Our loss is their good fortune.

 

Father Georgious has been a wonderful community leader promoting peace, harmony and spreading light throughout our community. He would always, through action, demonstrate that we live in Liverpool, in peace and harmony and that we are all brothers and sisters. He is noted for contacting people on their birthdays and calling up people, who are not Coptic Orthodox Christians, and wishing them well on their religious holidays. He was and will continue to be a true beacon of light in our society.

 

While we are sad to see him go, we welcome Father Georgious’s replacement; Father Anthony Morgan. Father Morgan has very big shoes to fill but we are confident he will be able to do so and he has our support. We look forward to his new leadership leading the Coptic Orthodox community in the Liverpool area in the exciting times and projects that lie ahead. Liverpool Council is very proud of the Coptic Orthodox community in Liverpool. We look forward to continuing our close relationship into the future.

 

RECOMMENDATION:

 

That Council:

 

  1. Thank Father Georgious Ramandious for the wonderful service that he has done to the Liverpool community.

 

  1. Congratulate Father Anthony Morgan on his new post and wish him all the best for his coming years in leading the congregation.

 

  1. Write to the church offering them the support of Liverpool Council into the future.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun    

 

That the recommendation be adopted.

 

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

 

 


 

Mayoral Minute

 

SUBJECT: Racism on the Menu

 

Liverpool is a place where everyone lives peacefully and co-operatively and should be held up as a fine example of multicultural living. Recently there have been attempts to disrupt the harmonious lifestyle of the people of the Liverpool Community by trying to use racism and bigoted slurs against members of our community.

 

These opportunistic, politically motivated public attacks have even degenerated to the point where, protestors from the USU displayed bigoted signs at a charity event, reading “Put some Pork on your Fork.” These offensive actions are a deliberate attempt to disrupt our harmonious way of life. The actions of those manufacturing facts to spread hate and cause division in our peaceful community are to be condemned.

 

This entire incident stemmed from an operational decision not to serve pork at a religious function for people of different faiths. This operational decision was made without the input of the Mayor and Councillors and was quickly reversed after a complaint was received from a Melbourne journalist.

 

Later we received a complaint about serving beef from a US based Hindu leader.  It should be noted that the subsequent publicity surrounding this matter resulted in some people declining their invitations to our Interfaith lunch. Not because of our menu choices or because they felt discriminated against but because of the way this issue was politicised and sensationalised in such a disgraceful manner. 

 

Not one Councillor on this Council raised an objection to pork or any other type of food or alcohol being served at the Interfaith lunch. In fact all our Councillors from all sides of politics frequently attend events where pork is on the menu and alcohol is served. We are all comfortable to do so.  

 

The Interfaith events and our Mayoral Charity Ball were successful and peaceful events despite attempts to disrupt them.  This speaks volumes about the maturity and grace of our diverse community and the supporters of Liverpool Council.

 

The Liverpool Council is focussed on building a city the size of Canberra in our backyard and providing the quality infrastructure and amenities that will ensure all the members of our diverse community enjoy a quality standard of living into the future.

 

Attempts to distract the community with racial or religious slurs are unnecessary and should be treated as irrelevant.

To end the opportunity for further distraction and racist slurs Council will make pork available at all council sponsored functions.

 

RECOMMENDATION:

 

That Council:

 

  1. Condemns the racist and bigoted remarks made publicly against the Liverpool Council and its Councillors. 

 

  1. Provides that pork will be served at all Council functions.

 

  1. Appeals to the media to stop providing a platform for racist and bigoted remarks.

 

4.    Recognises Council staff for their efforts in working to accommodate the needs of everyone at all Council gatherings.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun    

 

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 Hadid

                                               Clr Harle

                                               Clr Karnib

                                               Clr Mamone

                                               Clr Ristevski

                                               Clr Stanley

                                                          

Vote against:                        Clr Shelton

                                               Clr Waller

 


 

Mayoral Minute

 

SUBJECT: Wattle Grove Toilet block and Lighting around Holsworthy Station

 

As promised through the process of extensive community consultation in the form of contact through “Liverpool Listens” and direct meetings, it has become clear that there is no public wish for a $188 000 toilet block at Lakeside Park in Wattle Grove. This now frees this money to be spent on other projects that have been brought to my attention from the community.

 

One particular point that I was asked to observe first hand by Holsworthy locals was the abject darkness that surrounds the station due to a lack of appropriate street lighting. The total darkness that comes to this area after sunset poses severe security and safety risks to the public, particularly for commuters who have to walk to and from the station during the early and late hours of the day.

A re-allocation of funds away from the toilet block would far better suit the wishes and priorities of locals if they were placed into a program to increase the light around Holsworthy Station with particular notice around Harris Creek Reserve.

 

RECOMMENDATION:

 

That Council:

 

  1. Creates a program to identify problem lighting areas in Harris Creek Reserve and the surrounding Holsworthy Station area.

 

  1. Divert money from the Lakeside Park toilet amenities plan to the program for bringing light to Holsworthy Station and surrounds.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun    

 

That the recommendation be adopted.

 

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

 


 

Mayoral Minute

 

SUBJECT: Councillor Transparency

 

The ratepayers of Liverpool remunerate the Mayor and Councillors for their time and service. Accordingly the transparency of Mayor and Councillor efforts on the ratepayer’s behalf should be measurable and easily accessible.

 

In the spirit of ‘Fit for the Future’ and serving the ratepayers of Liverpool, it’s proposed that the attendance of the Mayor and Councillors at Councillor Briefing Sessions, Council Committee meetings and Council Meetings be made accessible by the ratepayers in any to access method, such as a monthly publication in the local newspapers and a web link of the Council internet homepage.

 

In this way the ratepayers of Liverpool may fairly evaluate the performance and efforts of their elected Councillors. Furthermore, this information should be backdated to the first Council Meeting directly after the Local Council Elections in September 2012.

 

Councillors and the Mayor are employed for and by the people of Liverpool therefore it is their right to know how much work Councillors are carrying out on their behalf.  This is no different from any other employer – employee Councillor relationship.

 

RECOMMENDATION:

 

That Council:

 

  1. Make publicly available the attendance of the Mayor and all Councillors at  Councillor Briefing sessions, Council Committees and Council Meetings backdated to September 2012 Local Government Elections.

 

  1. Investigate whether Councillors should be paid docked pay for not attending meetings.

 

  1. Investigate making this attendance information available once a month in the local Liverpool newspapers and on its website, and ensures these records are maintained beyond tonight. 

 

  1. Provides a report to Councillors detailing the roles responsibilities and contact details of the staff in roles in Council and Executive Services team, including the Mayoral office.

 

  1. Defines who Mayor or Councillors should approach for assistance with secretarial or research support and the extent of the support available.

 

  1. Puts into place now a process which sees all invitations and correspondence is provided to Councillors as soon as it is received.

 

  1. Ensures that all invitations addressed to the Mayor and Councillors is sent to all Councillors as soon as it is received by the Mayoral office.

 

  1. Provides a report detailing budget versus actual allocations to the following areas.  The report should indicate why the allocations were made i.e. staff salaries, entertainment and good, gifts, stationary etc:

 

 

  1. Provides the costs incurred in the renovation of the Mayor’s office and provision of Councillors facilities.  Was this budgeted for and if not, where was the money originally allocated and have those items now been completed.

 

  1. Adopts the CFO’s simpler process for Councillors to claim telephone expenses – Amending clause 4.7.1a of the Civic Expenses and Facilities Policy by substituting “six months” for “three months.”

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun                       

 

That Council:

 

  1. Make publicly available the attendance of the Mayor and all Councillors at  Councillor Briefing sessions, Council Committees and Council Meetings backdated to September 2012 Local Government Elections.

 

  1. Investigate whether Councillors should be paid docked pay for not attending meetings.

 

  1. Investigate making this attendance information available once a month in the local Liverpool newspapers and on its website, and ensures these records are maintained beyond tonight. 

 

  1. Provides a report to Councillors detailing the roles responsibilities and contact details of the staff in roles in Council and Executive Services team, including the Mayoral office.

 

  1. Defines who Mayor or Councillors should approach for assistance with secretarial or research support and the extent of the support available.

 

  1. Puts into place now a process which sees all invitations and correspondence is provided to Councillors as soon as it is received.

 

  1. Ensures that all invitations addressed to the Mayor and Councillors is sent to all Councillors as soon as it is received by the Mayoral office.

 

  1. Provides a report detailing budget versus actual allocations to the following areas.  The report should indicate why the allocations were made i.e. staff salaries, entertainment and good, gifts, stationary etc:

 

 

  1. Provides the costs incurred in the renovation of the Mayor’s office and provision of Councillors facilities.  Was this budgeted for and if not, where was the money originally allocated and have those items now been completed.

 

  1. Adopts the CFO’s simpler process for Councillors to claim telephone expenses – Amending clause 4.7.1a of the Civic Expenses and Facilities Policy by substituting “six months” for “three months.”

 

  1. Deal with items NOM 10 and CFO 04 from this Agenda in conjunction with this Mayoral Minute.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clr Stanley left the Chambers at 7.13pm.

 

Clr Mamone left the Chambers at 7.14pm.

 

Clr Waller left the Chambers at 7.16pm.

 

Clr Stanley returned to the Chambers at 7.20pm.

 

Clr Waller returned to the Chambers at 7.20pm.

 

Mayoral Minute

 

SUBJECT: Liverpool a leader in combating homelessness

 

There has been a great deal of recent interest surrounding the issue of homeless in Liverpool Local Government Area.  However, it’s important to acknowledge that Council’s efforts to co-ordinate support services and feed the homeless has been ongoing.

 

It’s also important to acknowledge that while this is predominantly a state and federal government issue our Council has been able to directly intervene and achieve a great deal to help combat the problem. 

 

Recently the work of our Community and Development and Planning team in relocating a group of people who were sleeping in Bigge Park has been highly commended by two of the NGO groups that worked with Council.  In fact accommodation was found for six of the seven homeless people – with one person refusing assistance.

 

It should be noted that it wasn’t just temporary housing that was found for the homeless in Bigge Park.  Four people have been relocated to permanent housing.  Two were relocated to temporary housing and a caseworker is now working with them.

 

Our staff worked extensively with service providers from St Vincent de Paul and a Social Worker from the Department of Human Services and in consultation with Wesley Mission and the Mental Health Unit at Liverpool Hospital.

 

Additionally, Council is continuing to monitor homeless in the Local Government Area and immediately involve relief services when needed.

 

But in the past 12 months Liverpool City Council has undertaken the following impressive  initiatives: 

·         Convening the Liverpool Community Kitchen and Hub Advisory Group and providing ongoing support agreed to in a formal memorandum of understanding signed by respective service provider partners.  Beyond provision of breakfast and lunch 3 days per week (up to 120 meals per session)  the hub service model provides holistic services for people who experience social disadvantage and exclusion  by offering case management, advocacy and support, referrals to housing and social services agencies and bodies,  and social and recreational activities.  In essence, the model seeks to address underlying causes of homelessness as well as trying to offer immediate practical assistance.

 

·         In January 2015, with the emergence of homelessness as a public issue in Bigge Park, the hub model was extended to offer support to those sleeping rough in the ‘Shell’ and to find alternative accommodation for all of those using the facility.  This extended to the co-ordination of all NGOs, charitable and faith-based organisations in their provision of mobile free food services to maximise coverage within the city area.  Ongoing support is provided by convening the Mobile Free Food Services Working Group.

 

·         Development and dissemination of a local Emergency Relief and Assistance Card to provide a comprehensive list of contact details of support services and organisations;

 

·         Delivery of a Homelessness Street Count in February 2015;

 

·         Successfully negotiated the launch in July of The Exodus Foundation (Bill Crews) mobile food service within Liverpool.  The service operates four times per week (lunch and night time) and offers up to 400 meals per session.

 

·         July;  Development of a draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017, both of which will be taken to Council for endorsement.

 

·         Provided $5,000 funding through the Community Donations Program to the Liverpool Community Kitchen and Hub for the delivery of healthy cooking workshops and activities.   

 

Liverpool Council is setting a new standard for other councils when it comes to compassionately addressing the complex issues of homelessness. Our staff are to be commended for their previous and ongoing efforts.

 

RECOMMENDATION:

 

That Council:

 

  1. Congratulate the Liverpool Council team Sabrina Candalano, Paola Jamett-Caru, Dany Ya, Sarah Rees and Rebekah Elliot for their ongoing efforts to assist homeless in Liverpool.

 

  1. Acknowledge the work of the St Vincent de Paul, the Wesley Mission, the Liverpool Hospital Mental Health Unit, the Department of Human Services and the Salvation Army for their ongoing co-operation and assistance.

 

3.    Send copies of the draft policy to interested bodies as soon as possible including the United Services Union and Salvation Army for their feedback.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun                       

 

That the recommendation be adopted.

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

 


 

Clr Mamone returned to the Chambers at 7.22pm.

Notices of Motion

ITEM NO:      NOM 01

FILE NO:        178235.2015

SUBJECT:     Small Business Workshops

 

NOTICE OF MOTION

 

That Council provide free small business workshops for local businesses which can provide up to date and effective training and solutions to common problems facing small business today.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Hadid

 

That:

 

1.    Council investigate the cost of designing a small business program.

 

2.    The Economic Development Unit provide a report to Council as soon as practicable to look at all the things Council is currently doing for small business and provide that information to the wider public and outline how and where businesses can access the information.

 

3.    Councillors be provided with information relating to existing programs for small businesses in the LGA.

 

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


25

ITEM NO:      NOM 02

FILE NO:        178258.2015

SUBJECT:     Domestic Violence in Liverpool LGA

 

NOTICE OF MOTION

 

That Council investigate how chronic domestic violence is in the community, and liaise with women’s support groups in the Liverpool LGA on what Council can do to assist in counteracting domestic violence.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Hadid

 

That Council:

 

  1. Investigate how chronic domestic violence is in the community, and liaise with women’s support groups in the Liverpool LGA on what Council can do to assist in counteracting domestic violence.

 

2.    Create a policy to assist employees of Council when they experience domestic violence.

 

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

 

Motion of Urgency – Code of Meeting Practice

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Waller

 

That Council, in accordance with Section 361 and cognate provisions of the Local Government Act 1993 endorse and place on public exhibition for a period of 28 days the following amendment to Council’s Code of Meeting Practice. Insert clause 18.5:

 

“Mayoral Minutes should not be used to introduce, without notice, matters that are routine, not urgent, or need research or a lot of consideration by Councillors before coming to a decision.”

 

The Mayor ruled that the business proposed to be brought forward was not of great urgency and would not be considered at this meeting. Clr Shelton then moved a Motion of Dissent against the Mayor’s ruling which was seconded by Clr Waller.

 

Motion of Dissent:               Moved: Clr Shelton              Seconded: Clr Waller

 

On being put to the meeting the Motion of Dissent was declared LOST.

 

Vote for:                                          Clr Harle

                                               Clr Karnib

                                               Clr Shelton

                                               Clr Stanley

                                                         Clr Waller

 

Vote against:                        Mayor Mannoun

                                               Clr Balloot

                                               Clr Hadid

                                               Clr Mamone

                                                         Clr Ristevski

 

Note: The motion was lost on the Mayor’s casting vote.      

Note: Clrs Mamone and Ristevski did not vote on the above Motion of Dissent and in accordance with Clause 36.3 of Council’s Code of Meeting Practice (as shown below) were recorded as voting against the motion:

 

“A Councillor who is present at a meeting of Council but who fails to vote on a motion put to the meeting is taken to have voted against the motion.”

 


27

Clr Hadid left the Chambers at 7.48pm.

 

Clr Hadid returned to the Chambers at 7.48pm. 

 

ITEM NO:      NOM 03

FILE NO:        198171.2015

SUBJECT:     Liverpool Bowling Club Site

 

NOTICE OF MOTION

 

That:  

 

1.   Council calls for a full report on the Liverpool Bowling Club site and activities on that site to be tabled at the next Council meeting to enable the following questions to be answered:

 

a.   What will replace the Bowling Club?

 

b.   What are the social, economic and environmental impacts of this proposal and in particular parking and overshadowing issues?

 

c.   Why was the Salvation Army informed by Council to move out of the Liverpool Bowling Club as it would be demolished to make way for a $10M development?

 

d.   Why has this same development not been tabled in Council?

 

2.   In relation to the Music Shell in Bigge Park.

 

a.   What is Councils position on the Music Shell in Bigge Park which is part of our cultural heritage and has significance in term of being a significant Memorial to a prominent Liverpool Citizen?

 

b.   Has Council called for a public submission on the future of the Music Shell, if not, then Council calls for public submissions for the future of the Music Shell.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ristevski           Seconded: Clr Mamone

 

That:

 

1.    The demolition of the Bowling Club is put on hold until a Liverpool Listens survey is conducted.

 

2.    Council hold a briefing session to discuss how the Bowling Club can be incorporated into the Homeless policy drafted by Council.

 

3.    A briefing session be called for Councillors to determine the cost of breaking the contract.

4.    Note the CEO Comments to the Notice of Motion (as shown below), and as a matter of urgency hold a Councillor Briefing session within one week to discuss this issue.

 

Foreshadowed motion:       Moved: Clr Shelton              Seconded: Clr Stanley

 

That:

 

1.    The demolition of the Bowling Club is put on hold until a Liverpool Listens survey is conducted.

 

2.    No iconic facility to be built in Bigge Park.

 

3.    Council have a briefing session to discuss how the Bowling Club can be incorporated into the Homeless policy drafted by Council.

 

4.    A briefing session be called for Councillors to determine the cost of breaking the contract.

 

Foreshadowed motion:       Moved: Mayor Mannoun     Seconded: Clr Balloot

 

No iconic facility to be built in Bigge Park.

 

On being put to the meeting the motion (moved by Clr Ristevski) was declared LOST. The Forshadowed motion (moved by Clr Shelton) then became the motion and on being put to the meeting was declared CARRIED and the Foreshadowed motion (moved by Mayor Mannoun) lapsed.

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

See below for responses to the questions raised in the Notice of Motion:

 

That:  

 

  1. Council calls for a full report on the Liverpool Bowling Club site and activities on that site to be tabled at the next Council meeting to enable the following questions to be answered:

 

a.    What will replace the Bowling Club?

Redeveloped Bigge Park

 

b.    What are the social, economic and environmental impacts of this proposal and in particular parking and overshadowing issues?

N/A

 

c.    Why was the Salvation Army informed by Council to move out of the Liverpool Bowling Club as it would be demolished to make way for a $10M development?

No, TSA occupation was only a temporary location during the repair/renovation of their existing facility in Liverpool. Refer attached media release.

 

d.    Why has this same development not been tabled in Council?

Bigge Park Redevelopment

 

  1. In relation to the Music Shell in Bigge Park.

 

a.    What is Councils position on the Music Shell in Bigge Park which is part of our cultural heritage and has significance in term of being a significant Memorial to a prominent Liverpool Citizen?

 

A heritage assessment report undertaken in 2014 found that the music shell is not of heritage significance.  The draft Bigge Park Conservation Management Plan prepared for Council by independent cultural heritage consultants also found that the music shell has little heritage significance.  The removal of the music shell will place a spotlight on one of Liverpool’s key heritage sites by providing unobstructed views through the park to the TAFE college (formerly Liverpool Hospital – a significant building, designed by Francis Greenway). The music shell has not been used for a long time.

 

The new design for Bigge Park is intended to ensure the park functions properly as Liverpool’s central park and is sensitive to the heritage of the precinct.

 

b.    Has Council called for a public submission on the future of the Music Shell, if not, then Council calls for public submissions for the future of the Music Shell.

 

There was not strong community feedback during the Building our new City consultation for the retention of the sound shell.


31

Mayor Mannoun called for a recess of Council at 8.04pm.

 

Mayor Mannoun reopened the meeting at 8.33pm

 

ITEM NO:      NOM 04

FILE NO:        198234.2015

SUBJECT:     Orthodox Interfaith Lunch 2016

 

NOTICE OF MOTION

 

That Council:

 

1.   Congratulate staff and in particular Alyson Infanti, Maree Stewart and Lauren Myers for their hard work and support of the event.

 

2.   Council write to the folk dancing groups Ilinden, Vardar and Izvor for donating their time in performing. Also write to the MC Zack Gulevski for giving up his time for the event.

 

3.   Congratulate Mayor Ned Mannoun, Councillors Sabrina Mamone, Gus Balloot, Peter Harle and Geoff Shelton for showing their support in attending the event.

 

4.   Write to the Liverpool Catholic Club and thanking them for their professionalism in catering for the event for all members of the community. 

 

5.   Council book Sunday 31 July 2016 at 12pm for the next Orthodox interfaith lunch.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ristevski           Seconded: Mayor Mannoun

 

That Council:

 

1.   Congratulate staff and in particular Alyson Infanti, Maree Stewart and Lauren Myers for their hard work and support of the event.

 

2.   Council write to the folk dancing groups Ilinden, Vardar and Izvor for donating their time in performing. Also write to the MC Zack Gulevski for giving up his time for the event.

 

3.   Congratulate Mayor Ned Mannoun, Councillors Sabrina Mamone, Gus Balloot, Peter Harle and Geoff Shelton for showing their support in attending the event.

 

4.   Write to the Liverpool Catholic Club and thanking them for their professionalism in catering for the event for all members of the community. 

 

5.   Report to Council on the best way to conduct Interfaith functions in the future.

 

 

  1. Write to the local members, Melanie Gibbons and Craig Kelly and Senator Concetta Wells for attending the Interfaith lunch.

 

  1. Write to David Clarke MLC thanking him for his attendance at the lunch and acknowledging  his speech in Parliament.

 

  1. Conduct a community survey to evaluate the need to hold Interfaith events and possible alternative solutions.

 

Amendment                          Moved: Clr Stanley              Seconded:Clr Shelton

 

That Council:

 

1.   Congratulate staff and in particular Alyson Infanti, Maree Stewart and Lauren Myers for their hard work and support of the event.

 

2.   Council write to the folk dancing groups Ilinden, Vardar and Izvor for donating their time in performing. Also write to the MC Zack Gulevski for giving up his time for the event.

 

3.   Congratulate Mayor Ned Mannoun, Councillors Sabrina Mamone, Gus Balloot, Peter Harle and Geoff Shelton for showing their support in attending the event.

 

4.   Write to the Liverpool Catholic Club and thanking them for their professionalism in catering for the event for all members of the community. 

 

5.   Report to Council on the best way to conduct Interfaith functions in the future.

 

  1. Notes with regret the late change to the running order on the day which withdrew the invitation to speak at the event of the Hon. Laurie Ferguson MP Member for Werriwa. Council sincerely apologises to Hon Mr Ferguson for this change. Council notes Hon. Mr Ferguson’s long term support of Liverpool and its residents and all ethnic groups and cultures.

 

  1. The Mayor on behalf of Council writes to Hon Laurie Ferguson to apologise for any inconvenience caused.

 

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


33

ITEM NO:      NOM 05

FILE NO:        208057.2015

SUBJECT:     Pensioner Rate Rebates

 

NOTICE OF MOTION

 

That the Council write to the Minister for Local Government lobbying  for a review of the maximum $250 pensioner rate rebate legislated under Section 575 of the Local Government Act 1993 (NSW).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 


33

ITEM NO:      NOM 06

FILE NO:        208423.2015

SUBJECT:     Mayoral Charity Ball 2016

 

NOTICE OF MOTION

 

That Council:

1.   Congratulate staff for their contribution

 

2.   Change the name of the annual Charity Ball to its original title "Mayor and Councillors Charity Ball"

 

3.   The proceeds of the 2016 Ball go to two Charity Organisation in equal portions being;

·    Miracle Babies Foundation

·    Salvation Army

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That:

 

1.   Council congratulate staff for their contribution.

 

2.   Council change the name of the annual Charity Ball to its original title "Mayor and Councillors Charity Ball".

 

  1. The proceeds of the 2016 Charity Ball be shared equally among the following organisations:

 

·         Miracle Babies

·         Salvation Army

·         including but not limited to the Liverpool ICU Unit

 

  1. Council set up a Committee of Councillors and call for nominations.

 

  1. Council provide up to $12,000 to ensure we reach our target of $100,000 for the 2015 Ball.

 

  1. Council consider putting in place a formal policy for selecting future charities to be supported at the ball and check Council records to ensure no prior commitments have been made to other charities.

 

  1. Council thank Liverpool Catholic Club for their support of the event.

 

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

 

Attachments

1     CEO Comments for NOM 06, NOM 07, NOM 08, NOM 09, NOM 10, NOM 11, & NOM 12


35

ITEM NO:      NOM 07

FILE NO:        208476.2015

SUBJECT:     Bin Cycle

 

NOTICE OF MOTION

 

That Council:

 

1.   Investigate the cost of changing the pick-up cycle for the yellow bin from fortnightly to weekly.

 

2.   Determine the impact those costs will have to our 'Fit for the Future' studies.

 

3.   Insure that properties on any newly named streets within the Liverpool LGA, named by the 'Street Naming Committee', have bins and are included in the garbage pick-up cycle including Range Road, Cecil Park

 

4.   Report back to Council at the next council meeting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That Council:

 

1.   Investigate the cost of changing the pick-up cycle for the yellow bin from fortnightly to weekly.

 

2.   Determine the impact those costs will have to our 'Fit for the Future' studies.

 

3.   Ensure that properties on any newly named streets within the Liverpool LGA, named by the 'Street Naming Committee' have bins and are included in the garbage pick-up cycle including Range Road, Cecil Park.

 

4.   Report back to Council at the next council meeting.

 

  1. Be proactive in advertising and letting the community know about the yellow bin pick ups.

 

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


35

ITEM NO:      NOM 08

FILE NO:        208560.2015

SUBJECT:     Low Kill Animal Policy

 

NOTICE OF MOTION

 

That Council:

 

1.   Review the current 'Animal Management' document to introduce and consider a 'Low Kill' Policy

 

2.   Include details, of healthy pets from Animal Shelters in Liverpool that are ready to be adopted, in the Council Monthly newsletter.

 

3.   Report back to council at the next Council Meeting on how a 'Low Kill Policy' affects the running of the animal shelters.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Ristevski

 

That Council:

 

1.   Review the current 'Animal Management' document to introduce and consider a 'Low Kill' Policy.

 

2.   Include details, of healthy pets from Animal Shelters in Liverpool that are ready to be adopted, in the Council Monthly newsletter, Council website and Council social media sites.

 

3.   Report back to council at the next Council Meeting on how a 'Low Kill Policy' affects the running of the animal shelters.

 

  1. Liaise  with its contractors on how Council can assist with proactively preventing lost animals and report back to Council at the next meeting.

 

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

 


37

ITEM NO:      NOM 09

FILE NO:        208574.2015

SUBJECT:     Cleaning Tender

 

NOTICE OF MOTION

 

That:

 

1.   Council complete a tender for only those Cleaning services currently covered by contractors.

 

2.   Council Review the work which is currently completed by staff cleaners. This review must meaningfully engage with staff and the union with the view to retain the services of the in-house cleaning crew, and identify process and practice to find improvements.

 

3.   Council recognise the integral role Council's in house cleaners provide in supporting the business as they provide a  time critical best practice work and safety support for all areas of Council's service provision.

 

4.   A resolution of Council is required before any tender is considered, advertised or put to the market place that would potentially outsource staff positions.

 

5.   A resolution of Council is required before a tender may be advertised or submitted for cleaning services currently undertaken by in house staff.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Ristevski

 

That:

 

1.   Council continue the tender process for only those Cleaning services currently covered by contractors.

 

2.   Council Review the work which is currently completed by staff cleaners. This review must meaningfully engage with staff and the union with the view to retain the services of the in-house cleaning crew, and identify process and practice to find improvements and take no longer than three months.

 

3.   Council recognise the integral role Council's in house cleaners provide in supporting the business as they provide a  time critical best practice work and safety support for all areas of Council's service provision.

 

 

4.   A resolution of Council is required before any tender is considered, advertised or put to the market place that would potentially outsource staff positions.

 

5.   A resolution of Council is required before a tender may be advertised or submitted for cleaning services currently undertaken by in house staff.

 

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


39

ITEM NO:      NOM 10

FILE NO:        208637.2015

SUBJECT:     Council and Executive Support

 

NOTICE OF MOTION

 

That Council:

 

1.   Provides a report detailing the roles, responsibilities and contact details of the staff who fill roles in Council and Executives Services team including the Mayoral office.

 

2.   Should the Mayor or Councillors require particular assistance such as secretarial or research support how and to whom should that support be requested?

 

3.   Puts into place now a process which sees all invitations and correspondence is provided to Councillors as soon as it is received.

 

4.   All invitations addressed to the Mayor and Councillors is sent to all Councillors as soon as it is received by the Mayoral office.

 

5.   Provides a report detailing budget versus actual allocations to the following areas. The report should indicate why the allocations were made i.e. staff salaries, entertainment and food, gifts stationery etc:

 

 

CEO OFFICE

 

Mayors Office

 

 

Budget

Actual

Budget

Actual

2012-13

 

 

 

 

2013-14

 

 

 

 

2014-15

 

 

 

 

2015-16

 

 

 

 

 

6.   Provides a comparison with the Mayors’ office in the previous term of Council. If there has been an increase how does this compare to the CPI?

 

7.   Provides the costs incurred in the renovation of the Mayor’s office and provision of councillors facilities. Was this budgeted for and if not where was the money originally allocated have those items now been completed?

 

COUNCIL DECISION

This motion was dealt with in conjunction with the Mayoral Minute regarding Councillor Transparency, which starts on page 9 of these minutes.


39

Mayor Mannoun called for a recess of Council at 9.00pm.

 

Mayor Mannoun reopened the meeting at 9.13pm

 

ITEM NO:      NOM 11

FILE NO:        208680.2015

SUBJECT:     Current Media Policy

 

NOTICE OF MOTION

 

That:

 

1.    Council receives a report, by the next Council meeting on the following;

·    How many of the signs referred to above were initially erected at the Carnes Hill Precinct?

·    Who authorised the signs?

·    What was the cost of the signs?

·    Who paid for the signs? (i.e.; was “rate payers” money used to pay for these signs?

·    Did the originally erected signs comply with current Council Policy? (As per NOM-01 2009/0709 and subsequent amendments.)

·    Have there been any complaints regarding the installation of these signs and what were those complaints?

·    Were these signs removed due to community opposition?

·    Have all non-complying signs been removed and if not why not?

 

2.    Council modifies its existing media Policy to include;

·    In future, the traditional Mayoral Portrait is to be replaced by a Group Photo of all elected Councillors in recognition of their contribution during their term of office.

 

3.    All future invitations for events from Council be addressed as per the policy; "The Mayor and Councillors of Liverpool City Council" removing the words 'Ned Mannoun' from all invitations.

 

4.    Personal letters and the Mayoral Column are to be the only exceptions.

 

5.    The CEO investigates any breaches made due to this policy and reports to Council at the next council meeting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Mayor Mannoun

 

That:

 

1.    Council receives a report, by the next Council meeting on the following;

·    How many of the signs referred to in the Background to the Notice of Motion were initially erected at the Carnes Hill Precinct?

·    Who authorised the signs?

·    What was the cost of the signs?

·    Who paid for the signs? (i.e.; was “rate payers” money used to pay for these signs?

·    Did the originally erected signs comply with current Council Policy? (As per NOM-01 2009/0709 and subsequent amendments.)

·    Have there been any complaints regarding the installation of these signs and what were those complaints?

·    Were these signs removed due to community opposition?

·    Have all non-complying signs been removed and if not why not?

 

2.    Council modifies its existing Media Policy to include:

 

“In addition to the traditional Mayoral Portrait a group photo of all elected Councillors of the same prominence be displayed in Council Chambers, in recognition of their contributions during their term of office.”

 

3.    Council modify its existing Communications Policy to:

 

“All future invitations for events from Council be addressed as per the policy; ‘The Mayor Ned Mannoun and Councillors of Liverpool City Council’, and if necessary a new group photo of all Councillors.”

 

4.    Personal letters and the Mayoral Column are to be the only exceptions.

 

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


41

ITEM NO:      NOM 12

FILE NO:        208752.2015

SUBJECT:     Christian Orthodox Interfaith Lunch of the 2nd of August 2015

 

NOTICE OF MOTION

 

That Council:

 

1.   Receives and Notes the comments.

2.   Reports back to council at the next General Council Meeting with the following;

a.   Who authorised the hire of external Private Security Guards and called the Police, dressed in Riot gear, to this event?

b.   When was the decision made to hire Private Security Guards and to call Police, dressed in Riot gear, and on what basis?

c.   If there were safety concerns surrounding the Christian Orthodox Interfaith Lunch, why were these not mentioned in the CEO's report in the July council meeting four days prior to the lunch?

d.   Were any threatening advances made to the Mayor, Councillors or distinguished guests during the Christian Orthodox Interfaith Lunch?

e.   Was the Christian Orthodox community consulted regarding concerns that may have been expressed at the presence of private security guards and Police dressed in riot gear?

f.    What was the total cost of hiring the Private Security Guards and how where these cost funded? i.e.; was Rate Payers money used to pay for this expense?

g.   Why were the “costs of hiring the Private Security Guards" not tabled at the 27th July Council Meeting four days prior to the Christian Orthodox Lunch as a “Notice of Motion” or an “Amendment to the Notice of Motion” that was raised by Clr Peter Ristevski?

h.   Has this set a precedent for future Liverpool City Council events requiring Private Security Guards and Police attendance and how does that impact on Council financially?

i.    Has council addressed all complaints made from the Christian Orthodox community in relation to the appearance of the Private Security Guards and Police dressed in Riot gear?

 

3.   The Mayor writes to all community leaders that attended apologising for the over-reaction of hiring the Private Security Guards and calling Police to the event prematurely.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Waller

 

That these questions be included as a Question With Notice item in the September 2015 Council Agenda with responses to be included.

 

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

 


43

ITEM NO:      NOM 13

FILE NO:        208761.2015

SUBJECT:     Media releases of Liverpool Councils negotiations with the Wests Tigers Rugby League Football Club

 

NOTICE OF MOTION

 

That:

 

1.   The matter is investigated under the delegation of the CEO via the Office of Local Government as to whether the Mayor broke any confidential agreements between Wests Tigers Rugby League Football Club and Liverpool City Council including any privacy legislation that Councillors are governed under. A report of findings of the investigation to be brought to Council as soon as possible.

 

2.   All media rights are to be suspended from the Mayor until a full investigation of this matter has taken place and is brought back to Council for determination.

 

3.   The Mayor writes to the Wests Tigers Rugby League Football Club apologising for the premature leak and for any complications the media release may have caused the club and any other agreements or discussions they may have been having with other stakeholders.

 

4.   Council receives a report outlining any damage caused and options available.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ristevski           Seconded: Clr Harle

 

That Council facilitate a meeting between All Saints Junior Rugby League Football Club and Western Suburbs Magpies Rugby League Club to discuss the use of Council facilities.

 

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

 


43

Independent Hearing and Assessment Panel Report

 

ITEM NO:      IHAP 01

FILE NO:        189413.2015

SUBJECT:     Proposed use of site for container depot at 77 Governor Macquarie Drive, Chipping Norton (Lot 38 DP 17311)

 

RECOMMENDATION

 

That Council:

 

1.    That Council refuse DA-1895/2012 for the following reasons:

 

i.    The application has not adequately demonstrated compliance with the relevant environmental planning instruments pursuant to s79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979.

 

ii.    The application has not adequately demonstrated compliance with the relevant development control plan pursuant to s79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979.

 

iii.   The application has not adequately demonstrated the likely impacts of the development pursuant to s79C(1)(b) of the Environmental Planning and Assessment Act 1979.

 

iv.  The application has not adequately demonstrated the suitability of the site for the development pursuant to s79C(1)(c) of the Environmental Planning and Assessment Act 1979.

 

v.   The application has not adequately demonstrated that the proposed development is in the public interest pursuant to s79C(1)(e) of the Environmental Planning and Assessment Act 1979.

 

2.          Refers the matter of the unauthorised use of the site as a container depot to Council’s Community Standards Department for enforcement action.

 

COUNCIL DECISION

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


45

Chief Financial Officer

ITEM NO:      CFO 01

FILE NO:        194878.2015

SUBJECT:     Nomination for Liverpool City Council member on Luddenham Quarry Community Consultative Committee

 

RECOMMENDATION

 

That Council:

 

1.   Nominate a Councillor to represent Council on the Luddenham Quarry Community Consultative Committee.

 

2.   Advise Epic Mining of Council’s nominee.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.


45

ITEM NO:      CFO 02

FILE NO:        199871.2015

SUBJECT:     Local Government NSW Annual Conference

 

RECOMMENDATION

 

That:

 

1.   Council endorse the further motions submitted to the Local Government Conference as shown below:

 

Motion - Secondary dwellings - Affordable Rental Housing SEPP

“Liverpool City Council calls upon the NSW Government to address the ‘loop hole’ in the legislation to ensure that Councils and Certifiers are required to ensure the retention of off-street car parking for the principal dwelling, when granting consent for a secondary dwelling under SEPP Affordable Rental Housing 2009.” 

 

Motion – SEPP (Affordable Rental Housing) 2009 – Granny Flats (Secondary Dwellings)

“Call upon the NSW Government to address the lack of parking requirements for secondary dwellings in the SEPP (Affordable Rental Housing) 2009.  It is recommended the SEPP requirements for secondary dwellings be amended to require the provision of one additional parking space on the property. 

 

Should this be unacceptable to the NSW State Government, then it is recommended that Schedule 1 of the SEPP be amended to include criteria relating to street width and dwelling density in the relevant location to address the unsuitability of some areas for granny flats where the streets are narrow and increased on-street parking is not practical.”

 

2.   Council consider nominating two further voting delegates at the Conference.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Balloot

 

That Council endorse the further motions submitted to the Local Government Conference as shown below:

 

Motion - Secondary dwellings - Affordable Rental Housing SEPP

“Liverpool City Council calls upon the NSW Government to address the ‘loop hole’ in the legislation to ensure that Councils and Certifiers are required to ensure the retention of off-street car parking for the principal dwelling, when granting consent for a secondary dwelling under SEPP Affordable Rental Housing 2009.” 

 

 

 

 

 

Motion – SEPP (Affordable Rental Housing) 2009 – Granny Flats (Secondary Dwellings)

“Call upon the NSW Government to address the lack of parking requirements for secondary dwellings in the SEPP (Affordable Rental Housing) 2009.  It is recommended the SEPP requirements for secondary dwellings be amended to require the provision of one additional parking space on the property. 

 

Should this be unacceptable to the NSW State Government, then it is recommended that Schedule 1 of the SEPP be amended to include criteria relating to street width and dwelling density in the relevant location to address the unsuitability of some areas for granny flats where the streets are narrow and increased on-street parking is not practical.”

 

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


47

ITEM NO:      CFO 03

FILE NO:        201270.2015

SUBJECT:     Investment Report July 2015

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 


49

ITEM NO:      CFO 04

FILE NO:        202170.2015

SUBJECT:     Minor Amendment to Civic Expenses and Facilities Policy

 

RECOMMENDATION

 

That Council:

 

1.    Note this report;

 

2.    Amend the clause 4.7.1a) of the Civic Expenses and Facilities Policy by substituting “six months” for “three months”.

 

COUNCIL DECISION

 

This motion was dealt with in conjunction with the Mayoral Minute regarding Councillor Transparency, which starts on page 9 of these minutes.

 

 


49

Community and Culture Report

ITEM NO:      DCC 01

FILE NO:        089695.2015

SUBJECT:     Donations, Grants and Sponsorships

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the Financial Contribution Panel's recommendations for the provision of $2,700 (GST exclusive) under the Sporting Donations Program as summarised in the table below:

 

Applicant Name

Amount

Brenan Chattaway

$200

John Mamis

$100

Matthew Wu

$100

Rhiannon Dotti

$300

Zac Makelim

$300

Keisha Waite

$300

Declan Grohala

$200

Mikayla O’Dwyer

$200

Kim Angelica Afable Albarico

$100

Tianna Elaya

$500

Nemanja Cerne

$200

Tamara Cerne

$200

 

 

2.   Endorses the Financial Contribution Panel's recommendations for the provision of $6,638 (GST exclusive) under the Community Donations Program as summarised in the table below:

 

Applicant Name

Project Name

Amount

School of Verdic Sciences (Australia) Incorporated

Bhagawat Gita Competition

$1,000

SLOOSH Kids Care Inc

Walk for William Event – Liverpool

$5,638

 

 

3.   Endorses the Financial Contributions Panel’s recommendations for the provision of $21,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below:

Applicant name

Amount

Ingham Institute

$5,000

Eggtober Foundation Ltd

$2,500

Friends of India Australia

$3,500

Fiji First Australia Association

$5,000

Australian Union of Bosnian and Herzegovinien Association Inc.

$5,000

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

 

That Council:

 

1.   Endorses the Financial Contribution Panel's recommendations for the provision of $2,700 (GST exclusive) under the Sporting Donations Program as summarised in the table below:

 

Applicant Name

Amount

Brenan Chattaway

$200

John Mamis

$100

Matthew Wu

$100

Rhiannon Dotti

$300

Zac Makelim

$300

Keisha Waite

$300

Declan Grohala

$200

Mikayla O’Dwyer

$200

Kim Angelica Afable Albarico

$100

Tianna Elaya

$500

Nemanja Cerne

$200

Tamara Cerne

$200

 

2.   Endorses the Financial Contribution Panel's recommendations for the provision of $6,638 (GST exclusive) under the Community Donations Program as summarised in the table below:

 

Applicant Name

Project Name

Amount

School of Verdic Sciences (Australia) Incorporated

Bhagawat Gita Competition

$1,000

SLOOSH Kids Care Inc

Walk for William Event – Liverpool

$5,638

 

 

3.   Allocates the provision of $32,500 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below:

 

Applicant name

Amount

Ingham Institute

$5,000

Eggtober Foundation Ltd

$2,500

Friends of India Australia

$10,000

Fiji First Australia Association

$10,000

Australian Union of Bosnian and Herzegovinien Association Inc.

$5,000

 

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

 


53

Mayor Mannoun left the Chambers at 9.46pm and the Deputy Mayor, Clr Balloot took the Chair.

 

Clr Waller left the Chambers at 9.47pm.

 

Mayor Mannoun returned to the Chambers at 9.48pm.

 

Clr Waller returned to the Chambers at 9.50pm. 

 

ITEM NO:      DCC 02

FILE NO:        189901.2015

SUBJECT:     Revocation of No Smoking In Public Places Policy

 

RECOMMENDATION

 

That Council:

 

1.    Note this report.

 

2.    Revoke the Use of the No Smoking In Public Places Policy.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 


53

ITEM NO:      DCC 03

FILE NO:        193221.2015

SUBJECT:     Safety Audit Report conducted at Parks in Wattle Grove

 

RECOMMENDATION

 

That Council:

 

1.       Receive and notes these reports.

 

2.       Adopts the recommendations detailed within this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

 


55

Economy and Engagement Report

ITEM NO:      DEE 01

FILE NO:        205594.2015

SUBJECT:     Review of Town Improvement Fund (now known as City Development Fund)

 

RECOMMENDATION

 

That Council:

 

1.   Note this report;

 

2.   Adopt the City Development Fund Policy, as attached to this report; and

 

3.   Provide a copy of the attached policy and the related public notice to the Chief Executive of the Office of Local Government within 28 days of the date of this Council resolution.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

 


55

Infrastructure and Environment Report

ITEM NO:      DIEN 01

FILE NO:        198667.2015

SUBJECT:     Managing Stormwater Quality

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the contents of this report.

 

2.    Receives a detailed briefing and a report later in the year following completion of the review of stormwater management practices that is currently underway.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

 


57

Planning and Growth Report

ITEM NO:      DPG 01

FILE NO:        162633.2015

SUBJECT:     Draft LLEP 2008 (Amendment 37) - Heritage Listing of the Defence National Storage and Distribution Centre

 

RECOMMENDATION

 

That Council adopts the Draft Liverpool Local Environmental Plan 2008 (Amendment 37) and forwards the plan to the NSW Department of Planning and Environment requesting notification (gazettal) of the amendment.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


57

ITEM NO:      DPG 02

FILE NO:        178938.2015

SUBJECT:     Draft Social Impact Assessment Policy and Draft LDCP 2008 (Amendment 19) - Post-public exhibition

 

RECOMMENDATION

 

That Council:

 

1.    Adopts the draft Social Impact Assessment Policy.

 

2.    Adopts the draft Liverpool Development Control Plan 2008 (Amendment 19), to come into effect upon publication of the required notice in the local newspaper.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


59

ITEM NO:      DPG 03

FILE NO:        209423.2015

SUBJECT:     Review of Permit Parking Policy

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report

 

2.   Adopts the draft revised Permit Parking Policy

 

3.   Includes the draft revised Permit Parking Policy in its communication strategy

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Hadid

 

That Council:

 

1.   Receives and notes this report

 

2.   Adopts the draft revised Permit Parking Policy

 

3.   Includes the draft revised Permit Parking Policy in its communication strategy

 

4.    Investigate and report back to Council on the possibility of providing parking spaces exclusively for businesses.

 

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

 


59

ITEM NO:      DPG 04

FILE NO:        184328.2015

SUBJECT:     Recommendation to refuse application for rezoning of 1 and 67 Orange Grove Road, Liverpool

 

RECOMMENDATION

 

That Council:

 

1.    Refuses the application to rezone land at 1 and 67 Orange Grove Road from RE2 – Private Recreation to R2 – Low Density Residential.

 

2.    Writes to the proponent, pursuant to Clause 10A of the Environmental Planning and Assessment Regulations 2000, to inform them that this proposal is not supported.

 

3.    Refunds $6000 of the fees paid at the time of lodgement of the rezoning application to the proponent in accordance with Council’s Statement of Revenue Policy.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


61

ITEM NO:      DPG 05

FILE NO:        199844.2015

SUBJECT:     Protection of the Environment Operations (POEO (Clean Air)) Amendment (Heaters and Fireplaces) Regulation 2015

 

RECOMMENDATION

 

That Council:

1.   Notes the proposed amendments to the Protection of the Environment (Clean Air) Regulation 2010 and adopts the following options:

 

a.   Prohibit the installation of new or replacement solid fuel heaters within residential zones R1, R2, R3 and R4.

 

b.   That from 1 September 2016 new or replacement solid fuel wood heaters in Zone RU1, RU2, RU4 and R5 must  have:

 

i.    A minimum efficiency of 60% as tested in accordance with AS/NZS 4012:2014 and

ii.    Emission factor of 1.5g/kg for non-catalytic and 0.8 g/kg for catalytic heaters as tested in accordance with AS/NZS 4013:2014

 

2.   Responds to the NSW EPA Local Government Wood Smoke Survey accordingly.

 

3.   Notes that Council officers will also progress amendments to Council’s DCP to reflect these provisions.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


61

ITEM NO:      DPG 06

FILE NO:        199959.2015

SUBJECT:     Changes to the Independent Hearing and Assessment Panel Charter

 

RECOMMENDATION

 

That Council:

 

1.       Adopts the revised Independent Hearing and Assessment Panel Charter and Procedure as attached to this report.

 

2.       Amends the IHAP delegation of 2 December 2013 to reflect those changes within the revised IHAP Charter and Procedure.

 

3.       Delegates authority to the CEO to approve and amend the IHAP procedure from time to time, in consultation with the members of the IHAP and the community.

 

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.

 

Vote for:                                Mayor Mannoun

                                                         Clr Balloot

                                                         Clr Hadid

                                               Clr Harle

                                               Clr Karnib

                                               Clr Mamone

                                               Clr Ristevski

                                               Clr Shelton

                                               Clr Waller

 

Vote against:                        Clr Stanley

 


63

ITEM NO:      DPG 07

FILE NO:        207898.2015

SUBJECT:     Business Case to Attend Infor Public Sector User Forum

 

RECOMMENDATION

 

That Council approves Council officers to represent Liverpool City Council at the Infor Public Sector Forum.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 


63

ITEM NO:      DPG 08

FILE NO:        207935.2015

SUBJECT:     2015-16 Operational Plan and Budget - Proposed new fees and charges - 3D images for new development in the city centre

 

RECOMMENDATION

 

That Council:

 

1.       Approves the following fees to be placed on Public Exhibition:

3D CAD model fees – for all new development proposals in the city centre

Less than $1m development value

 

$2,200.00*

 

Greater than $1m and less than $3m development value

 

$3,300.00*

Greater than $3m development value

$6,600.00*

 

 

*Note:   If a design is amended and a new 3D image is submitted for modeling, Council will arrange a quote. 

If the changes are minor, an hourly rate can be charged.  If the changes are substantial, a new modeling fee may apply.

 

2.       Receives a further report following the exhibition process which outlines any submissions made/public feedback.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

 


65

Committee Reports

ITEM NO:      CTTE 01

FILE NO:        114947.2015

SUBJECT:     Minutes Aboriginal Consultative Committee Meeting held on the  5 August 2015

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 5 August 2015.

 

2.       The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


65

ITEM NO:      CTTE 02

FILE NO:        149881.2015

SUBJECT:     Minutes of Badgerys Creek Airport Taskforce meeting held 5 August 2015

 

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 5 August 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


67

ITEM NO:      CTTE 03

FILE NO:        184449.2015

SUBJECT:     Minutes of the No Intermodal Committee meeting held on 4 August 2015

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the No Intermodal Committee Meeting held on 4 August 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


67

ITEM NO:      CTTE 04

FILE NO:        184454.2015

SUBJECT:     Minutes of Heritage Advisory Committee Meeting held on 3 August 2015

 

RECOMMENDATION

 

That Council

 

1.   Receives and adopts the Minutes of the Heritage Advisory Committee Meeting held on 3 August 2015.

 

2.   Adopts the amended Heritage Advisory Committee Charter as recommended by the Committee.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


69

ITEM NO:      CTTE 05

FILE NO:        194125.2015

SUBJECT:     Minutes of the Local Traffic Committee Meeting held on 22 July 2015

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Local Traffic Committee Meeting held on 22 July 2015.

 

2.    Adopts the Local Traffic Committee recommendations as noted in the report below.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Stanley

 

That Council:

 

1.    Receives and notes the Minutes of the Local Traffic Committee Meeting held on 22 July 2015.

 

2.    Adopts the Local Traffic Committee recommendations as noted in the report below with the following addition:

 

“That Council send a letter to the RMS regarding pinch points which require addressing near the TAFE College, on Banks Road, Flowerdale Road, Second Avenue, Fifteenth Road, Whitford Road, Hill Road and near Good Shepherd Primary School.”

 

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

 


69

ITEM NO:      CTTE 06

FILE NO:        198320.2015

SUBJECT:     Minutes of Building Our New City Committee meeting held 5 August 2015

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Building our New City Committee Meeting held on 5 August 2015.

 

2.   Approves renewal of Council’s membership of the Future Cities Collaborative and extends the services provided by Professor Ed Blakely for an additional 12 months.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


71

ITEM NO:      CTTE 07

FILE NO:        199854.2015

SUBJECT:     Minutes of Economic Development and Events Committee meeting held 5 August 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 5 August 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


71

ITEM NO:      CTTE 08

FILE NO:        200857.2015

SUBJECT:     Minutes of Liverpool Access Committee Meeting held on 9 July 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 9 July 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


73

ITEM NO:      CTTE 09

FILE NO:        202932.2015

SUBJECT:     Minutes of the Liverpool Youth Council Meeting held on Tuesday 4 August, 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 4 August 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


73

ITEM NO:      CTTE 10

FILE NO:        204795.2015

SUBJECT:     Minutes of the Planning and Development Committee Meeting held on 5 August 2015

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the Planning and Development Meeting held on 5 August 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

 


75

Questions with Notice

ITEM NO:      QWN 01

FILE NO:        197273.2015

SUBJECT:     Question with Notice - Clr Hadchiti

 

Please address the following:

 

In relation to Westfield Liverpool

 

  1. What are the approved trading hours?

 

A search of Council’s records has identified that a significant number of applications were destroyed in Council’s fire of 2010. While some records were found in respect to some change of use applications, there was no record of any development consent granted, which referenced hours of operation for the complex.

 

  1. Do the stalls that pop up and generally located in the walk ways have DA approval?

 

There is no record of DA approval for any kiosk or stall.

 

These stalls are typically referred to as kiosks which may not require development consent if the premises is not for the sale of food and drink, involves skin penetration (i.e. beauty salon) and hair dressing, as well as some other uses as prescribed within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. If the kiosk or any shop involves any of these uses, a complying development or development application approval is required.

 

The fit out of a kiosk may require development consent depending on the nature of the structures used i.e. the placement of furniture such as display tables may not require development consent, whereas barricade structures and counter tops may require development approval.

 

  1. Council was to have discussions with their management to resolve some traffic issues. Did this occur and what was the outcome?

 

A meeting has been organised for 17 August 2015 to discuss Westfield car park entrances on Bathurst Street.

 

In relation to food premises inspections required to be undertaken by Council:

 

  1. Are we on track to ensure that all food premises will be inspected this calendar year?

 

We are track to have all the food premises inspected.

 

 

  1. In relation to fire safety audits/inspections

 

Council has employed a full time fire safety officer to work with the consultant to complete the fire safety audit of the 107 properties. There are currently 21 properties that are yet to be inspected and it is expected that the inspections will be completed by the end of the year.

 

  1. Are we up to date in this area?

 

See response for question 2.

 

In relation to Construction Certificates, Councillors at a workshop were given a presentation on new measures put in place to increase the number of construction certificates we issue.

 

Can an update be provided on how that is tracking since that presentation?

 

Count Applications -  CCB Lodged Total

 

FROM 1st November 2013 to 20th July 2014

220

FROM 1st November 2014 to 20th July 2015

360

 

For the same period last year 140 more construction certificates were submitted to Council.


77

ITEM NO:      QWN 02

FILE NO:        197277.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

Sometime ago there was plans and public consultation completed for the Casula Parklands (the piece of land in front of the Casula Power House towards Liverpool, there was also funding secured from the State Government for the project.

 

  1. How much was the funding?

 

The NSW State Government provided $2M in 2008 towards park embellishment works along the Georges River between Casula Powerhouse and Liverpool.

 

  1. Is it still held for this project?

 

While some funds were expended to develop the master plan, an amount of $1.84M  remains in the reserves for these works.

 

  1. Can a copy of those plans and consultation please be provided?

 

Please see pages 68, 69, 70, & 71 of these minutes. The plan was updated following the consultation process to incorporate feedback received.

 

 



81

ITEM NO:      QWN 03

FILE NO:        206911.2015

SUBJECT:     Question with Notice - Clr Harle

 

Could Councillors be provided with an update on the following issues:

 

  1. Bellfield College:

Council approved a NOM in August 2012, a copy has been attached to this QWN. In relation to the NOM:

a.    Have all conditions of the NOM been carried out?

b.    Councillors to be provided with all relevant information as per NOM.

 

  1. Continuing fill at 235 Denhamcourt Road, Denhamcourt.

a.      What is the current status of this site especially as it is evident that fill including large boulders are continuing to be brought onto the site despite a previous Council investigation?

 

 

A response to these questions will be provided in the September 2015 business papers.

 


83

ITEM NO:      QWN 04

FILE NO:        208656.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

Since the closure of the bowling club early last year there is nothing close to the CBD of Liverpool that provides spaces for older Liverpool residents for sport and recreation.

 

What has been planned to replace recreation opportunities for older Liverpool residents given the explosion of residential units currently under construction?

 

A response to these questions will be provided in the September 2015 business papers.

 

   


83

ITEM NO:      CONF 01

FILE NO:        195201.2015

SUBJECT:     Acquisition of part Lot 3149 DP 1190525, 130 Flynn Avenue, Middleton Grange for drainage and open space purposes

 

RECOMMENDATION

 

That Council:

 

1.   Approves the acquisition of part Lot 3149 DP 1190525, 130 Flynn Avenue, Middleton Grange, containing an area of approximately 838.8 square metres for the price and terms outlined in the confidential attachment;

 

2.   Upon settlement of the acquisition, classifies the portion of Lot 3149 DP 1190525, 130 Flynn Avenue, Middleton Grange, being acquired as 'Community' land;

 

3.   Keeps confidential the attachment supplied under separate cover containing the acquisition price 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; and

 

4.   Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


85

ITEM NO:      CONF 02

FILE NO:        195390.2015

SUBJECT:     Proposed reclassification, rezoning and disposal of Lot 4 DP 1007383, Owl Place, Green Valley

 

RECOMMENDATION

 

That Council:

 

1.   Approves the reclassification, rezoning and disposal of Lot 4 DP 1007383, Owl Place, Green Valley, for the price and terms outlined in the confidential attachment;

2.   Keeps confidential the attachment supplied under separate cover containing the purchase price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business;

3.   Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision; and

4.   Transfers the net proceeds from the sale back into the relevant Section 94 Contribution Plan.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

 

 


 

 

ITEM NO:      CONF 03

FILE NO:        197402.2015

SUBJECT:     Key Sites Master Planning Steering Committee Minutes from Meeting held 4 August 2015

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Key Sites Master Planning Steering Committee Meeting held on 4 August 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.

 

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.

 

 


 

 

 

THE MEETING CLOSED AT 10.15pm.

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     30 September 2015

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  26 August 2015. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

 

 


87

 

 

 

 

 

 

 

MINUTES OF THE Extraordinary Meeting

HELD ON 2 September 2015

 

 

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Ristevski

Councillor Shelton

Councillor Stanley

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 Michael Cullen, Director Economy and Engagement

Mr Raj Autar, Director Infrastructure and Environment

 

 

 

OPENING                              1.08pm

PRAYER                               The prayer of the Council was read by Alyson Infanti from Liverpool City Council.

APOLOGIES                         Clr Mamone and Clr Waller

Motion                                   Moved: Mayor Mannoun           Seconded: Clr Shelton

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

 

Declarations of Interest

Nil

 

Public forum

 

Representation – Items on the Agenda

 

1.    Mr Dan Rose from Gandangara Local Aboriginal Land Council addressed the Council on the following item:

 

NOMR 01 – Rescission of NOM 03 from Council meeting 26 August 2015

 

Motion                                    Moved: Mayor Mannoun     Seconded: Clr Hadid

 

That a two minute extension of time be given to Mr Dan Rose.

 

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

 

2.    Mr Raffaele Catanzariti addressed the Council on the following item:

 

NOMR 01 – Rescission of NOM 03 from Council meeting 26 August 2015

 

 

 


 

Notices of Motion Of Rescission

ITEM NO:      NOMR 01

FILE NO:        221938.2015

SUBJECT:     Rescission of NOM 03 from Council meeting 26 August 2015

 

NOTICE OF MOTION OF RESCISSION

 

That Council rescinds the resolution relating to NOM 03 Liverpool Bowling Club from the Council Meeting 26 August 2015 as shown below:

 

That:

 

1.   The demolition of the Bowling Club is put on hold until a Liverpool Listens survey is conducted.

 

2.   No iconic facility to be built in Bigge Park.

 

3.   Council have a briefing session to discuss how the Bowling Club can be incorporated into the Homeless policy drafted by Council.

 

4.   A briefing session be called for Councillors to determine the cost of breaking the contract.

 

COUNCIL DECISION

 

Motion                                   Moved: Mayor Mannoun     Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

Clr Shelton and Clr Stanley asked that they be recorded as voting against the rescission motion.

  


 

After the rescission motion was carried, the motion below was moved.

 

Motion                                    Moved: Mayor Mannoun     Seconded: Clr Hadid

 

1.    That demolition of the Bowling Club located adjacent to Bigge Park proceed.

 

2.    Note that Council previously voted and approved the plan for Bigge Park on 24 September 2014.

 

3.    Note that there was extensive community consultation including public display.

 

4.    That Council write to the State and Federal Governments to seek assistance with homelessness issues in the Local Government area of Liverpool.

 

5.    That Council create a homeless taskforce and invite Councillors, external organisations such as the USU and other external organisations to join.

 

6.    That Council review the Community Consultation policy and provide a report back to Council.

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

Clrs Stanley and Shelton asked that they be recorded as voting against the motion.

 

 


 

The meeting closed at 1.41pm.

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     30 September 2015

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  2 September 2015. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

 

 

 

 


92

Ordinary Meeting 30 September 2015

Notices of Motion Of Rescission

 

NOMR 01

Notice of Motion of Rescission - NOM 04 Orthodox Interfaith Lunch 2016 from the Council meeting of 26 August 2015

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Code of Meeting Practice

File Ref

245882.2015

 

 

NOTICE OF MOTION OF RESCISSION

 

That Council rescinds the resolution relating to NOM 04 Orthodox Interfaith Lunch 2016 from the Council Meeting 26 August 2015, namely points 6 and 7 of the resolution as shown below:

 

That Council:

 

1.   Congratulate staff and in particular Alyson Infanti, Maree Stewart and Lauren Myers for their hard work and support of the event.

2.   Council write to the folk dancing groups Ilinden, Vardar and Izvor for donating their time in performing. Also write to the MC Zack Gulevski for giving up his time for the event.

3.   Congratulate Mayor Ned Mannoun, Councillors Sabrina Mamone, Gus Balloot, Peter Harle and Geoff Shelton for showing their support in attending the event.

4.   Write to the Liverpool Catholic Club and thanking them for their professionalism in catering for the event for all members of the community.

5.   Report to Council on the best way to conduct Interfaith functions in the future.

6.   Notes with regret the late change to the running order on the day which withdrew the invitation to speak at the event of the Hon. Laurie Ferguson MP Member for Werriwa. Council sincerely apologises to Hon Mr Ferguson for this change. Council notes Hon. Mr Ferguson’s long term support of Liverpool and its residents and all ethnic groups and cultures.

7.   The Mayor on behalf of Council writes to Hon Laurie Ferguson to apologise for any inconvenience caused.

 

 

Signed:

 

Clr Balloot

Clr Hadchiti

Clr Hadid

  


93

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 01

Timing of Committee meetings

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

Workforce Management Plan

File Ref

220743.2015

Author

Peter Ristevski - Councillor

 

 

Background

 

As the position of a Councillor is effectively a part time position which is normally juggled by most in conjunction with full time employment, it is important to get participation from Councillors in Committees. The current times of committee meetings during the day is inflexible as it could put at risk the full time employment of Councillors with their employers if they are constantly taking time off during the day to attend committee meetings.

 

NOTICE OF MOTION

 

That all committee meetings commence from 6pm onwards.

 

 

ACTING CHIEF EXECUTIVE OFFICER’S COMMENT

 

The transition of predominantly business hours Committees to evening Committees will be a significant operational change for Council. On an average month, Committees consumed 82 hours of staff time during ordinary business hours that would be required to be perform outside ordinary business hours. The change will also impact on non-Council committee members who accepted their positions with the understanding that the committees would operate during business hours, for example the JRPP.

 

Although there may be possibility of operating some committee’s concurrently, the vast majority of committees would be required to operate on a dedicated night; as a result approximately two weeks of every month may involve a committee meeting if the current number of committees remains.

 

It should also be noted, as per CFO05 Councillor Transparency, there is minimal attendance rate difference between Committees and the Briefing sessions which are held in the evening.

 

Council will need to adjust ordinary hours for staff attending the committee meetings as well as implement a Time In Lieu/Overtime strategy that will be consistent with Council Policies and WH&S guidelines. A change in committee time could increase annual overtime expenses in excess of $100,000 per annum.

 

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

 

Nil


95

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 02

Lurnea High School 50th Anniversary

 

Strategic Direction

Healthy Inclusive  City

Foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers

Key Policy

Youth Strategy

File Ref

241530.2015

Author

Anne Stanley - Councillor

 

 

Background

 

Over three days from 31st July to 2nd August Lurnea High School celebrated 50 years of providing quality education to students. The celebrations commenced with a formal assembly which showcased the current talents and diversity of students. The assembly was capably emceed by Hayden Schofield and Souhala Derbas with key note speeches from Ms Jenny Holland current principal, Mr Tim Knight from the original cohort and Captain 1965, Ms Lesley Podesta School Captain 1976 and Mr Jim Samphier Teacher at the school since 1983. There were student performances from an Arabic Dance Group, Pacific Island Student Singers, a Haka and a Poetry Performance. The welcome to Country was provided by Aunty Mae Robinson and Aboriginal smoking ceremony was performed by Uncle Steve Williams. A time capsule was completed to be found by students in the future. In addition to these speakers the assembly was attended by special guests from the NSW Department of Education, Director Maria Serafim, other Principals, Deputy Mayor Balloot and myself.

There was a celebration dinner held at the Liverpool Catholic Club on Saturday night with 450 friends and past students of the school catching up in a relaxed atmosphere that I am sure was enjoyed immensely by all those in attendance.

On Saturday 2nd August there was an Open Day held at the school with displays showcasing current students' talents and photographs and memorabilia from past years. The school has produced a magazine looking at the achievements over the years along with other souvenirs. I have a long involvement with Lurnea High School - my sister and I attended the school, I was School Captain, and my three boys also attended the school. The school is a shining example of quality public school education, promoting diversity and inclusivity and it is an important member of the community in which it exists.

Congratulations are extended to Ms Jenny Holland, Lurnea High School Principal and her hard-working staff for the organisation and success of the events that were held over the weekend.

 

 

NOTICE OF MOTION

 

That Council:

1.   That Council notes Lurnea High School 50 years of providing quality education to students of Liverpool.

 

2.   Writes to the Principal congratulating the school on the anniversary and the events which celebrated the milestone.

 

ACTING CHIEF EXECUTIVE OFFICER’S COMMENT

 

I am pleased to congratulate Lurnea High School for the wonderful work they have been doing in the community and for the students of Liverpool for the past 50 years.

The school's diverse student population is what drives the activities and dedication by staff, students and parents to work together to achieve the best possible outcomes and opportunities for each student. The Intensive English Centre, while there to support newly arrived migrant and refugee students, also actively supports the parents of those students with information sessions about local services and programs. 

The school has participated with Council on a number of projects and initiatives that include Refugee Week, Harmony Day and performances at various community events. Council's Community Development Worker (Youth) often attends the school to engage with students and promote Council projects such as Midnight Basketball and Liverpool Youth Council. The school has also been successful recipients of grants and donations through Council's Environment Grants and School Donations programs.

Lurnea High School has demonstrated their commitment to providing quality support and information to students by participating in the Engaging Schools and Community Forums that establishes links and support networks for young people in Liverpool. They've also worked collaboratively with community organisations such as the Liverpool Migrant Resource Centre to support refugee young people through theatre and the football United program which aimed to provide life skills, leadership, and confidence through sports.

The large community representation and involvement at the celebration dinner to mark this significant milestone is a testament to the hard work of all staff and students and should be whole-heartedly acknowledged. Council has no hesitation in writing to the principal congratulating the school on the anniversary and the events which celebrated the milestone.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

Deliver high quality services for children and their families.

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

Facilitate the development of community leaders.

 

 

ATTACHMENTS

 

Nil


98

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 03

Investigation into allegations made in NSW Legislative Council about Liverpool Council

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Local Government Act 1993

File Ref

244447.2015

Author

Peter Ristevski - Councillor

 

 

Background

 

On 10th September 2015 certain allegations were made under Parliamentary Privilege.

 

NOTICE OF MOTION

 

1.    Have Council officers been made aware of an investigation by the Minister for Local Government or Division of Local Government into these outrageous allegations?

 

2.    If not, Council request such an immediate independent investigation to assist in clearing the names of those who were named in the speech? 

 

ACTING CHIEF EXECUTIVE OFFICER’S COMMENT

 

Council officers are aware of the allegations contained with Mr Borsak's speech to State parliament on 10th September 2015. Council officers are not aware of any investigation by the Minister for Local Government or Division of Local Government, nor have Council officers received any formal correspondence on the matter.

 

It is the A/CEO’s belief that little will be gained by pursuing an investigation at this time. Many of the allegations were events unrelated to Liverpool City Council. The speech was made on the 10th September 2015 and media responses provided adequately addressed the outrageous allegations made under parliamentary privilege. Council’s position was clearly and accurately reported by the media. The A/CEO is not aware of any significant media follow-up from the initial media responses.

 

The A/CEO encourages Mr Borsak or any person or organisation who believes they are aware of corrupt conduct to contact the relevant authorities.

 

 

 

 

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

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.

 

 

ATTACHMENTS

 

Nil


100

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 04

Housing Crisis

 

Strategic Direction

Liveable Safe City

Facilitate diverse and more affordable housing options

Key Policy

Urban Development Plans

File Ref

245538.2015

Author

Peter Ristevski - Councillor

 

 

Background

 

The Housing Minister Brad Hazzard recently conducted a trial pop-up housing office in Prince Alfred Square in Parramatta. The concept was seen as a proactive way to solve Sydney's homelessness problem. The team from Family and Community Services were ready to work outside office hours to get people off the streets. In the two days they were there, 11 people were provided with immediate temporary accommodation while working with staff to find longer-term solutions.

 

The idea is that people who are homeless often have to find their way into an office somewhere. This is about saying we will come to you. There's no barriers.

 

NOTICE OF MOTION

 

That:

 

1.   The CEO write to the Housing Minister congratulating him on this innovative concept and invite him to do the same in Liverpool.

 

2.   Setup a housing crisis Councillor Taskforce to be chaired by Councillor Ristevski and made up of all Councillors to co-ordinate with the relevant stakeholders in finding solutions to this problem in our LGA.

 

 

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.

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

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

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

Encourage the community to engage in Council initiatives and actions.

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

Deliver services that are customer focused.

 

 

ATTACHMENTS

 

Nil


102

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 05

Customer Service

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Workforce Management Plan

File Ref

245553.2015

Author

Peter Ristevski - Councillor

 

 

Background

 

With our constituents working longer hours due to the price of housing in Sydney, many cannot attend our Customer Service Office during normal business hours. We need to change with the times and provide our ratepayers with a solution to their needs.

 

NOTICE OF MOTION

 

That Council:

 

1.   Open Customer Service on Saturdays from 9am-1pm for a three month trial period.

 

2.   Have one planner working during this period to assist ratepayers with their planning queries.

 

3.   Advertise the Saturday opening period of our Customer Service period in both local papers and South West Voice including our ratepayers newsletter and our website/Facebook page to get the message to our ratepayers so that the three month trial period is effective. 

 

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.

Civic Leadership and Governance

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

Encourage the community to engage in Council initiatives and actions.

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

Deliver services that are customer focused.

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

 

 

ATTACHMENTS

 

Nil


104

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 06

Determination Moorebank Recyclers by Planning Assessment Commission

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

245569.2015

Author

Anne Stanley - Councillor

 

 

Background

 

On Friday 11th September, the Planning Assessment Commission (PAC) has approved the application for a material recycling facility on the banks of Georges River. This facility will be only 250 metres from residential homes and the approval was given despite over 1300 submissions opposing the facility by local residents and the opposition of Liverpool Council and its Councillors.

 

NOTICE OF MOTION

 

That Council:

 

1.   Discuss options available to it to appeal this decision.

 

2.   To allow discussion it would be appreciate if staff could provide a briefing paper outlining the timeline of this application.

 

3.   Provide any legal advice available to assist Councillors to discuss options for this development approval. (Under confidential cover as necessary.)

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

Manage the environmental health of waterways.

Manage air, water, noise and chemical pollution.

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

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

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Act as an environmental leader in the community.

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.

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

 

Nil


106

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 07

Pump House (Coffee Shop) Bigge Park Liverpool

 

Strategic Direction

Vibrant Prosperous City

Activate the city centre and develop vibrant places that attract people to Liverpool

Key Policy

Economic Development Strategy

File Ref

245625.2015

Author

Anne Stanley - Councillor

 

 

Background

 

Following the success of the coffee shop in Bigge Park, Council is looking to plan for the future of the venue and as such a DA has been lodged by Council. To assist Councillors to make decisions regarding this venue and answer questions of residents I request the motion below.

 

NOTICE OF MOTION

 

That Council:

 

1.   Receive a report for the October 2015 Council meeting into The Pump House Coffee Shop in Bigge Park.

 

2.   The report should include but not be limited to the following:

a)   Costs and scope of all works at the site since July 2013

b)   Who provided the works-Council day labor, Council contractors, leasee,

c)   Were there also inkind works? If so, what did these works involve?

d)   What was the value of the initial lease.

e)   What is the expected value of new lease, what terms will this take?

f)    Has Council been provided with details of turnover, profit of the Pump House since opening if so can it be provided.

 

*(Under confidential cover as necessary.)

 

CONSIDERATIONS

 

Economic and Financial

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

Facilitate economic development.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

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.

 

 

ATTACHMENTS

 

Nil


108

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 08

Action Forum for the Women of the Western Sydney Region

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Workforce Management Plan

File Ref

245662.2015

Author

Sabrina Mamone - Councillor

 

 

Background

 

Western Sydney is a region of growing importance to the New South Wales economy. It is home to a growing, yet diverse, population and represented by 14 Local Government Areas including:

 

·    Auburn Council

·    Bankstown City Council

·    Camden Council

·    Campbelltown Council

·    City of Canterbury

·    Fairfield City Council

·    Hawkesbury City Council

·    Holroyd City Council

·    The Hills Shire

·    Liverpool City Council

·    Parramatta City Council

·    Penrith City Council

·    Wollondilly Council

 

Women continue to be significantly under-represented in both Local Government and in the Private Sector. Currently only 25 percent of Women hold Councillor positions in the Western Sydney Region and a much smaller percentage as executive positions on Boards of major stakeholders is held by Women.

 

Currently there is no Council organisation to advocate for the Women of the Western Region of Sydney and to foster cooperation between councils and organisations.

 

The purpose of the Organisation is to consider the needs of the Local Government areas and of the Women of the Western Sydney Region and to make known those needs to the Commonwealth and New South Wales Governments and the wider community.

 

The establishment of an Organisation for the Women of Western Sydney has the potential to deliver a greater focus on advocacy and cooperation between Councils and local organisations in Western Sydney. The Organisation would be mandated to:

 

·    consider the needs of both the Local Government Areas it represents and the women of the Western Sydney region;

·    lobby the Commonwealth and New South Wales Governments;

·    generate awareness in the wider community.

 

 

NOTICE OF MOTION

 

That Council:

 

1.    Host a Women's Forum at the Casula Powerhouse in November 2015 with the focus of the following motion:

 

"To form an Organisation for Women to represent the interests of those in the Western Sydney Region with its Board comprising of the following membership:

 

a)   A maximum of two female Councillors from each member councils; and

b)   Two non-Council representatives including one of each from the Local Government Areas of each member Council:

 

i.   A community representative or not for profit organisation, and

ii.   A prominent business woman

iii.  All nominations be returned to Council and considered in Confidential session."

 

2.    Send an invite, from Clr Sabrina Mamone, to all the female Western Sydney Councillors inviting them to the Women’s Forum attaching a copy of this Notice of Motion.

 

 

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

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

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.

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

 

 

ATTACHMENTS

 

Nil


111

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 09

Phase Three Land Reclassifications and Rezonings

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

245695.2015

Author

Geoff Shelton - Councillor

 

 

Background

 

In its ordinary general meeting of 24 September 2014 a proposal was put to council as follows:  

 

1.   Proceed with the reclassification and rezoning of the following parcels of land:

·    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)

 

2.   Not proceed with the reclassification and rezoning of the following parcels of land:

·    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)

 

3.   Send a copy of the Planning Proposal to NSW Planning…etc.

 

In fact, the motion that was adopted was that council proceed with the reclassifications and rezonings of all fourteen parcels of land, thirteen of which were identified as park land and one as reserve land. Some of these parcels were described as pocket parks and others are sections of larger parks.    

 

In each case they are an asset of the community and the property of the community. Most of these parcels have been in the hands of the community for decades.

 

In its ordinary meeting of 25 February 2015, on a motion of Councillor Hadchiti, seconded by Councillor Mamone, and adopted and supported by Mayor Mannoun and Councillors Balloot, Hadchiti, Hadid, Mamone and Ristevski, Council resolved that to not proceed with the disposal of the aforementioned parks 'would make a mockery of Council's lengthy consideration of the matter' and further that without the sale of the subject parks Council 'would not be in a position to deliver the improvements in amenity and facilities that are underway.'

 

Despite this, in a Mayoral minute presented at the 17 June 2015 ordinary Council meeting it was blithely claimed Council had 'not made any final decisions' and 'is undertaking a consultative approach before a decision is made'. No explanation was given as to what became of the previous 'lengthy consideration' referred to in the February meeting.

 

In his published Deputy Mayor's message of 24 June 2014 Councillor BALLOOT wrote:

 

'I am pleased to report that Council has listened to the community's concerns and decided to keep both parks (Thawaral and Hazel Bradshaw) for the enjoyment of the community. In fact, not only did Council decide to keep the parks, but we have also made plans to upgrade the parks and install playground equipment in them - a great outcome for local residents...'

 

And this, despite having voted less than three months previously that it would be a 'mockery' to do other than to reclassify, rezone and sell the same parks.

 

Similar comments can be made with respect to contemporary proposals to reclasssify, rezone and dispose of sections of McLeod park. Again it was claimed services could not and would not be delivered without the disposal of part of this community land for redevelopment. 

 

To the present time the community has through its lobbying of Councillors and by other means continued assiduously to show its opposition to the reclassification, rezoning and ultimate disposal of parks for short term, one-off budgetary gains.

 

Further, Council has sought to promote healthy life styles, provides grants to worthy local sporting organisations, has partnered with 'Live Life Get Active', and should not at the same time be selling off numerous parks (or parts of parks) as originally proposed. The rapidly growing density of urban development in the Liverpool LGA, particularly in the affected areas, further suggests today's residents and the residents of tomorro will question the disposal of community park land.

 

Given the expectation elected representatives will reflect community views in this regard, the following motion is proposed.

 

NOTICE OF MOTION

 

That Council forthwith discontinue its attempts to reclassify, rezone and dispose of 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)

·    22 Box Road, Casula (Mimosa Park)

·    72A Grevillea Crescent, Prestons (Acacia Park)

·    230 Newbridge Road, Moorebank (Part of Regan Park)

·    99-101 Rose Street, Liverpool (Part of Pearce Park)

·    12A Brain Avenue, Lurnea (Hannan Park),

and Thawaral and Hazel Bradshaw parks to the extent as much might still be under consideration. 

 

 

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.

Deliver high quality services for children and their families.

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

Encourage the community to engage in Council initiatives and actions.

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

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

 

ATTACHMENTS

 

Nil


114

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 10

Air Quality Monitoring

 

Strategic Direction

Natural Sustainable City

Reduce adverse environment impacts for present and future generations

Key Policy

Integrated Environmental Sustainability Action Plan

File Ref

245726.2015

Author

Peter Harle  - Councillor

 

 

Background

 

Several Building Material Waste Recycling Centres are located in the Liverpool LGA and operate within a radius of 500 metres of residential homes. Airborne dust has been a continuing problem with their operation yet Council has not adequately prevented these problems from reoccurring on a regular basis and affecting the health of local residents. The NSWEPA regularly issues warnings of unacceptable levels of PM10 particulate matter that may negatively impact on the health of residents suffering from respiratory and heart problems within our LGA.  Several Waste Recovery and Recycling Industries operating in the Liverpool LGA have negatively affected several commercial vehicle repair industries and similar industries affected by airborne dust particles.

 

For the past 7 years I have been concerned with the amount of dust that is generated by these commercial operations yet little if anything has been done to prevent continual breaches of their conditions of consent. It is also obvious that current monitoring “self- monitoring” is inadequate as are the location of the NSWEPA operated Air Quality Monitoring Station in the Liverpool LGA.  ( Rose Street Liverpool and Bringelly).

 

NOTICE OF MOTION

 

That Council generates a report for the next Council Meeting Council addressing the following questions.

1.   In light of the above concerns, what practical options could Council implement to better monitor and control the amount of dust particles that settle in residential areas within close proximity Building Material Waste Recycling Centres located in the Liverpool LGA?

 

2.   Based on the recent decision by the NSW PAC and its approval for the Moorebank Waste Recycling Centre, what practical options are available to Council to ensure that the plant operates within the conditions of consent and in particular to air quality?

 

3.   What would be the cost of purchasing portable air quality monitoring equipment that could be set up in areas of concerns considered problematic?

 

4.   In the case of the Moorebank Recycling Centre, does Council have the power/authority to ensure that independent 24 hour 7 days a week air quality monitoring takes place and that the information is published on the Council Website on a regular basis?   

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

Manage air, water, noise and chemical pollution.

Enhance the environmental performance of buildings and homes.

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

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

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Act as an environmental leader in the community.

Foster neighbourhood pride and a sense of responsibility.

Deliver services that are customer focused.

 

 

ATTACHMENTS

 

Nil


116

Ordinary Meeting 30 September 2015

Notices of Motion

 

NOM 11

Recovering Plans

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

Information Technology Strategy

File Ref

245744.2015

Author

Sabrina Mamone - Councillor

 

 

Background

 

Since the fire of the old Council building in 2010 the previous GM publicly stated that minimal records were destroyed in the fire.

 

A number of home owners have approached council requesting assistance in recovering plans of their home and have been told they have been destroyed in the fire in 2010.

 

As homes are sold and bought many times it means that plans may not necessarily be passed down from owner to owner so the new owner rely heavily on Council to recover those plans.

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Report at the next Council Meeting on what records were actually lost

 

2.   Come up with an action plans in assisting in recovering house plans for those homes and report back to council at the next meeting.

 

 

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.

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.

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.

 

 

ATTACHMENTS

 

Nil   


118

Ordinary Meeting 30 September 2015

Independent Hearing and Assessment Panel Report

 

IHAP 01

DA-66/2015 - Construction of 19 detached and 4 semi-detached dwellings and community title subdivision on proposed development Lots 5 and 10 within proposed Lot 22, in the Plan of Subdivision of Lots 31 and 32 in DP 1181985 within the former New Brighton Golf Course

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

220518.2015

Report By

David Smith - Acting Coordinator Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 31 Brickmakers Drive, Moorebank

Owner

New Brighton Golf Club Ltd

Applicant

Mirvac Homes (NSW) Pty Ltd

 

 

Executive Summary

 

Council has received and considered a development application DA-66/2015 proposing the construction of 19 detached and 4 semi-detached dwellings and community title subdivision on proposed development Lots 5 and 10 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985 within the former New Brighton Golf Course. This application was lodged on 30 January 2015.

 

This application was referred to the 24 August 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 4.3 of the Liverpool Local Environmental Plan (LLEP) 2008 by more than 10%.

 

Clause 4.3 of the LLEP requires an 8.5m maximum height of buildings measured from existing ground level. The heights of the proposed buildings range from 7.42m-12.439m when measured from existing ground level. It is important to note that all buildings will comply with the 8.5m height development standard when measured from the proposed ground level approved by DA-426/2014, which granted consent for earthworks and subdivision to create super lots.

 

Thirteen of the proposed dwellings propose a variation to the building height development standard as follows:

 

·    Lot 5-08 - 9.015m (515mm breach)

·    Lot 5-09 -  9.329m (829mm breach)

·    Lot 10-01 - 11.295m (2795mm breach)

·    Lot 10-02 – 11.13m (2630mm breach)

·    Lot 10-03 – 12.003m (3503mm breach)

·    Lot 10-04 – 12.439m (3939mm breach)

·    Lot 10-05 – 12.19m (3690mm breach)

·    Lot 10.06 – 12.051m (3551mm breach)

·    Lot 10.07 – 11.741m (3241mm breach)

·    Lot 10a-02 -  10.062m (1562mm breach)

·    Lot 10a-03 – 9.546m (1046mm breach)

·    Lot 10a-05 – 10.263m (1763mm breach)

·    Lot 10a-06 – 11.357m (2857mm breach)

 

The proposed variations to Clause 4.3 of the LLEP range from 6.05% to 46.3%.

 

The application was not required to be notified or advertised in accordance with the notification policy contained within the Liverpool Development Control Plan (LDCP) 2008.

 

The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report with a minor amendment to condition 2 to read as follows:

 

“The following items must be completed and relevant documentation supplied to Council for each site prior to the release of the respective Construction Certificate for that site:

 

·    Roads are sealed

·    Partial work-as-executed plans including levels on kerbs and road surface as approved by consent number DA-426/2014

·    Lot classification for each lot

·    Draft linen plan and 88b instrument”

 

Attachment 4 contains the amended conditions of consent. 

 

RECOMMENDATION

 

That Council approves Development Application DA-66/2015, subject to the amended conditions of consent (Attachment 4)

 

 

 

 

 

Background

 

Council has received and considered a development application DA-66-2015 proposing the construction of 19 detached and 4 semi-detached dwellings and community title subdivision on proposed development Lots 5 and 10 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985 within the former New Brighton Golf Course.

 

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 4.3 of the LLEP 2008 which prescribes a maximum height of buildings on the subject site of 8.5m.

 

The Site

 

The site is identified as Lot 31 Brickmakers Drive, Moorebank, with legal description of Lot 31 DP 1181985. The proposed development will occur on proposed development lots 5 and 10 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985.

 

An aerial map of the site is provided in Figure 1 below.

 

Subject Site

 

Figure 1: Aerial image of the subject site.

 

Figure 2 below shows the approved subdivision layout of Development Consent DA-426/2014. The portion of the site which is the subject of this application is proposed development lots 5 and 10 within proposed Lot 22 in the Plan of Subdivision of Lots 31 and 32 in DP 1181985; for which development has been granted (DA 426/2014) – identified by the yellow shading in Figure 2 below. The site is located within an established residential area.

 

Figure 2: The site and surrounding locality.

 

details of the proposal

 

The proposed development consists of:

 

·    Construction of 19 detached and 4 semi-detached dwellings on proposed lot 5, 10 and 10a

·    Community title subdivision of the three development lots into a total of 23 residential lots

·    Works within proposed community lot 1, including landscaping and footpaths within the road verges, construction of part of a pedestrian pathway between the residential allotments in Lot 10 and the adjoining golf course, landscaping of the drainage reserve in Lot 16 and the pocket park at the end of the cul-de-sac of Road 5; and construction of 7 perpendicular parking spaces within the road reserve of Road 6.

 

The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 4.3 of the LLEP 2008, which prescribes the maximum height of buildings. 

 

An extract of the proposed development plans are provided below. 

 

Figure 3: Proposed subdivision and ground floor layout of proposed Lot 5

 

 

Figure 4: Streetscape of proposed Roads 6 and internal ROW, Road 6 (eastern side) and Road 5 within proposed Lot 5

 

Figure 5: Proposed subdivision and ground floor layout of proposed Lot 10

 

 

Figure 6: Streetscape of proposed Roads 7 within proposed Lot 10 and from the adjoining Golf Course

 

Figure 7: Proposed subdivision and ground floor layout of proposed Lot 10a

 

 

Figure 8: Streetscape of proposed Road 7 and Road 1 within proposed Lot 10a

 

the issues

 

The key issue identified with respect to the proposal relates to the variation to the maximum height of buildings development standard required by Clause 4.3 of the LLEP.

 

It is noted that building height is measured from existing ground level and notwithstanding that Council has granted consent to some substantial earthworks on the subject site that alter the ground levels significantly; the approved works have not been constructed and therefore the application is required to be assessed on the basis of the existing ground levels, rather than the approved ground levels. It is also noted that if the applicant had carried out the earthworks and benching works for the site prior to the determination of this application, the height would have been measured from the new benching levels which would have resulted in all of the dwellings complying with the height standard.

 

Given the non-compliance with the height standard, the applicant has submitted a written request seeking a variation to the maximum height of buildings standard as prescribed by Clause 4.3 LLEP.

 

The objectives of Clause 4.6 of the LLEP 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:

 

          (a)     that compliance with the development standard is unreasonable or unnecessary             in the circumstances of the case, and

 

          (b)     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:

 

·    Once the earthworks are completed all dwellings will comply with the height control from the finished earthworks level and the development will appear as a predominantly two storey development.

·    Compliance with the height control is unnecessary and unreasonable to deliver built form across the site which is of commensurate scale and character.

·    The assessment of all other planning controls is from the finished levels and as such there are no environmental impacts associated with the additional earthworks.

·    The breach of the control does not raise matters of State or regional environmental planning.

·    There is public benefit in maintaining the standard only if the application takes into account the earthworks levels on the site that have already been approved by Council.

 

The following comments are offered in response to the variation sought to Clause 4.3:

 

Council has approved the extent of earthworks proposed on the site, and in doing so determined that the earthworks are appropriate for future development of the site as a residential estate. It is therefore considered that there are no significant detrimental impacts upon the amenity or environment of the area. On this basis, notwithstanding the works have not yet been completed, it was anticipated that a two-storey form of development would be constructed and measured from the approved ground levels. As this is contemplated and as the finished streetscapes are appropriate and the design does not result in excessive visual bulk or impacts from the current additional height by way of unacceptable shadowing or overlooking impacts, the variation to the control is considered to be consistent with the objectives of the height control and the zone; and as such is considered to result in a desirable planning outcome. It is therefore considered unreasonable and unnecessary to require compliance with the height control in this instance.

 

Having regard to the above, it is considered that strict compliance with Clause 4.3 of LLEP is unreasonable and unnecessary in this instance.

Independent Hearing and assessment panel

 

At their meeting on 24 August 2015, IHAP made the following recommendation:

 

The Panel recommends approval of the application subject to the conditions contained within the Council officer’s report and an amendment to condition number 2 as follows “partial work-as-executed plans including levels on kerbs and road surface as approved by consent number DA-426/2014”.

 

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 and Land Owner DetailsView (Under separate cover)

2.         IHAP ReportView (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)

4.         Amended conditions of consentView (Under separate cover)  


128

Ordinary Meeting 30 September 2015

Independent Hearing and Assessment Panel Report

 

IHAP 02

DA-198/2015 - Three stage Torrens title subdivision and construction of 12 dwellings at Lot 310 DP 1186176 Bryant Avenue, Lot 311 DP 1186176 Flynn Avenue, and Lot 2 DP 1184259 Genairco Park, Hall Circuit, 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

221998.2015

Report By

George Dojas - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

LOT 310 BRYANT AVENUE, MIDDLETON GRANGE & LOT 311 FLYNN AVENUE, MIDDLETON GRANGE & GENAIRCO PARK, HALL CIRCUIT, MIDDLETON GRANGE.

Lot 310 DP 1186176

Lot 311 DP 1186176

Lot 312 DP 1186176

Owner

MR G MORIZZI, MRS R MORIZZI, G MORIZZI, LIVERPOOL CITY COUNCIL

Applicant

MR J MORIZZI JUNIOR

 

 

Executive Summary

 

Council has received and considered a development application DA-198/2015, proposing a three (3) stage Torrens title subdivision and construction of 12 dwellings at Lot 310 DP 1186176 Bryant Avenue, Lot 311 DP 1186176 Flynn Avenue, and Lot 2 DP 1184259 Genairco Park, Hall Circuit, Middleton Grange. This application was lodged on 18 March 2015.

 

This application was referred to the 24 August 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 relating to minimum subdivision lot sizes. The minimum required subdivision lot size for the site is 300sqm, and 225sqm for sites for the purpose of dual occupancies, multi dwelling housing, attached dwellings, or semi-detached dwellings within Area 1 identified on the Maps in LLEP 2008. The proposed subdivision includes allotments measuring from 254.6sqm to 295.4sqm, representing a variation of 15.1% to 1.5% respectively.

 

The IHAP recommendation was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report (attached).

 

RECOMMENDATION

 

That Council approves Development Application DA-198/2015, subject to the recommended conditions of consent contained within the Council officer’s report (attached).

 

Background

 

Council has received and considered a development application DA-198/2015 proposing a three (3) stage Torrens title subdivision and construction of 12 dwellings at Lot 310 DP 1186176 Bryant Avenue, Lot 311 DP 1186176 Flynn Avenue, and Lot 2 DP 1184259 Genairco Park, Hall Circuit, 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 of the LLEP 2008 which prescribes minimum subdivision lot sizes. The minimum required subdivision lot size for the site is 300sqm, and 225sqm for sites for the purpose of dual occupancies, multi dwelling housing, attached dwellings, or semi-detached dwellings within Area 1 identified on the Maps in LLEP 2008. The proposed subdivision includes allotments from 254.6sqm to 295.4sqm, representing a variation of 15.1% to 1.5% respectively.

 

The Site

 

The sites are identified as Lot 310 in DP 1186176, Lot 311 in DP 1186176, Lot 2 in DP 1184259 and are located at Bryant Avenue and Flynn Avenue, Middleton Grange. The sites are rectangular shaped allotments located to the south of Flynn Avenue. The total site area is 3,422sqm. The site has a slope from north to south of approximately 7m.

 

The subject site is vacant and includes an existing stormwater basin adjacent to Flynn Avenue. The site is adjacent to Flynn Avenue to the north and Genairco Park to the east.

 

An aerial map of the site is provided in Figure 1 as follows.

 

Subject Site

 

Figure 1: Aerial image of the subject site.

 

The immediate locality is undergoing change from large residential allotments to small lot low density residential dwellings, as depicted in Figure 2.

 

Low Density Residential Development

 
Text Box: Flynn Avenue

Subject Site

 

Figure 2: The site and surrounding loText Box: Low Density Residential Developmentcality.

 

details of the proposal

 

The application seeks consent for the coText Box: Low Density Residential Developmentnstruction of eight (8) double storey detached dwellings, four (4) semi-detached double storey dwellings, and a three stage Torrens title subdivision including:

 

·    Stage 1 (identified as ‘Stage 5’ on plans) – creation of twelve (12) lots, construction of eight (8) dwellings and associated road construction;

 

Lot Number

Site Area

Dwellings

Lot 501

254.6sqm

2 storey single dwelling house

Lot 502

254.6sqm

2 storey single dwelling house

Lot 503

295.4sqm

2 storey single dwelling house

Lot 504

281.5sqm

2 storey semi-detached dwelling

Lot 505

254.6sqm

2 storey semi-detached dwelling

Lot 506

254.6sqm

2 storey single dwelling house

Lot 507

254.6sqm

2 storey single dwelling house

Lot 508

254.6sqm

2 storey single dwelling house

Lot 509 – residue

502.8sqm

No dwelling proposed

Lot 510 – residue

197.5 sqm

No dwelling proposed

Lot 511 – residue

814.7 sqm

No dwelling proposed

Lot 512 – residue

338sqm

No dwelling proposed

 

·    Stage 2 (identified as ‘Stage 6’ on plans) – creation of three (3) lots, construction of three (3) dwellings and associated road construction;

 

Lot Number

Site Area

Dwellings

Lot 601

287.5sqm

2 storey semi-detached dwelling

Lot 602

254.6sqm

2 storey semi-detached dwelling

Lot 603

254.6sqm

2 storey single dwelling house

 

·    Stage 3 (identified as ‘Stage 7’ on plans) – creation of one (1) lot, construction of one (1) dwelling and associated road construction.

 

Lot Number

Site Area

Dwelling

Lot 701

291.3sqm

2 storey single dwelling house

 

Consent is also sought for associated earthworks, drainage system, landscaping and vehicle cross overs applicable to all stages.

 

The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 4.1 of the LLEP 2008, which prescribes minimum subdivision lot sizes.

 

An extract of the proposed subdivision plan/architectural plans are provided in the following Figures.

 

 

Figure 4: Plan of Subdivision Stage 2

 

 

Figure 6: Plan of Dwellings between Bryant Avenue and Mcguinnes Avenue

 

Figure 7: Plan of Dwellings between Flynn Avenue and Bryant Avenue

 

the issues

 

The key issue identified with respect to the proposal relates to the variation to the minimum lot size required by Clause 4.1 of the LLEP.

 

Proposed Lots 601, 602, 504, and 505 are to include semi-detached dwellings, these lots are located within Area 1 specified in LLEP 2008. As such, the lots require a minimum size of 225sqm, which is achieved. All other lots are required to include a minimum site area of 300sqm and as such, the following variations are sought:

 

Lot Number

Site Area

Variation

Lot 501

254.6sqm

45.4sqm or 15.1%

Lot 502

254.6sqm

45.4sqm or 15.1%

Lot 503

295.4sqm

4.4sqm or 1.5%

Lot 506

254.6sqm

45.4sqm or 15.1%

Lot 507

254.6sqm

45.4sqm or 15.1%

Lot 508

254.6sqm

45.4sqm or 15.1%

Lot 603

254.6sqm

45.4sqm or 15.1%

Lot 701

291.3sqm

8.7sqm or 2.9%

 

Consequently, the applicant has submitted a written request seeking a variation to the minimum subdivision lot size control as prescribed by Clause 4.1.

 

The objectives of Clause 4.6 of the LLEP 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:

 

          (a)     that compliance with the development standard is unreasonable or unnecessary             in the circumstances of the case, and

 

          (b)     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:

 

“Notwithstanding the non-compliance, the proposal still provides for a development which meets the minimum density requirements as prescribed by LLEP. In addition, the allotment created will not be out of character with other allotments in the immediate and surrounding area, particularly those located on the opposite side of the park along Onslow Gardens.

 

The proposed subdivision lot sizes vary with a lot size of between 254.6m' and 295.6m', which is in not in conflict with Council's desired residential lot size requirements for the immediate and surrounding area, together with those lots already created within Middleton Grange.

 

The proposal still results in lots which are developable; and therefore promotes the orderly and economic development of the land.

 

The proposal does not alter the configuration, alignment layout of the Middleton Grange Masterplan and furthermore maintains the dwelling density as prescribed by the Liverpool Local Environmental Plan 2008.

 

Each allotment proposed by the development complies with the minimum allotment width for residential subdivision (10m) as prescribed by the Liverpool Local Environmental Plan 2008.

 

The proposed subdivision aligns with the zoning of the land and creates lot sizes that generally meet Council's minimum lot size requirements and Council's density standards. These controls require a specific yield which is linked to Council's Section 94 Plan and hence to community infrastructure.

 

From an urban design point viewpoint the dwellings to be constructed on the proposed lots will not alter the streetscape, bulk and scale or built form which would otherwise be constructed. In this instance the proposal will not be out of character with desired future character, particularly the existing dwellings on eastern side of the park, fronting Onslow Gardens.”

 

The following comments are offered in response to the variation sought to Clause 7.13(3):

 

·    The development proposes residential lots that accommodate dwellings and achieve appropriate amenity for future occupants, as demonstrated within the submitted architectural plans. In addition, all lots include a minimum width of 10m in accordance with Liverpool LEP 2008. Requiring lots to comply with the minimum lot size requirement would not provide additional benefit to the development in this instance.

·    To achieve the minimum LLEP 2008 density requirement for the site, a reduction in the minimum lot size is required. A total of 12 lots are required and 12 lots are proposed. As such, the proposal is compliant with the minimum dwelling density required for the site.

·    The smaller lot sizes and dwellings will lend itself to a visually interesting streetscape pattern and character by offering a variety of lot sizes and housing products.

·    No adverse impacts are foreseen as a result of the LLEP 2008 variation sought.

 

Having regard to the above, it is considered that strict compliance with Clause 4.1 is unreasonable and unnecessary in this instance.

 

Independent Hearing and assessment panel

 

At their meeting on 24 August 2015, IHAP made the following recommendation:

1.     

“The Panel recommends approval of the application subject to the conditions contained within 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.         IHAP ReportView (Under separate cover)

2.         IHAP Recommendation View (Under separate cover)  


138

Ordinary Meeting 30 September 2015

Independent Hearing and Assessment Panel Report

 

IHAP 03

DA-1105/2014 - Demolition of existing structures and Torrens title subdivision over 2 stages: Stage 1 seeks approval for the creation of five lots. Stage 2 seeks approval for the creation of 24 lots and demolition at 636 Hoxton Park Road, Hoxton Park

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

222261.2015

Report By

George Nehme - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

636 Hoxton Park Road, Hoxton Park, Lot 100, DP 1124436

Lot 62 Tamworth Crescent, Hoxton Park, Lot 62 DP 850745

Owner

Mrs R Melhem

Hassall Street Projects Pty Ltd

Applicant

Mepstead and Associates

 

 

Executive Summary

 

Council has received and considered a development application DA-1105/2014, proposing the demolition of existing structures and Torrens title subdivision over 2 stages. The subject site is known as 636 Hoxton Park Road Hoxton Park, Lot 100, and DP 1124436. The application was lodged on 11 December 2014.

 

This application was referred to the 24 August 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 minimum lot width of 10m for sites within zone R1, R2, R3 and R4. The development involves the creation of one lot that proposes a minimum width of 3.42m.

 

The IHAP recommendation was to approve the development application subject to the conditions of consent contained within the Council Officers IHAP report (attached).

 

 

RECOMMENDATION

 

That Council approves Development Application DA-1105/2014, subject to the recommended conditions of consent contained within the Council officer’s IHAP report (attached).

 

 

Background

 

Council has received and considered a development application DA-1105/2014, proposing the demolition of existing structures and Torrens title subdivision over 2 stages: Stage 1 seeks approval for the creation of five lots. Stage 2 seeks approval for the creation of 24 lots and demolition. The subject site is known as 636 Hoxton Park Road Hoxton Park, and legally identified as Lot 100, DP 1124436.

 

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 requires a minimum lot width of 10m. Proposed Lot 6 that is to be created as part of the proposal has a minimum lot width of 3.42m representing a variation of 65.8% to the development standard.

 

The Site

 

The site is identified as Lot 100 in DP 1124436 and is located at 636 Hoxton Park Road, Hoxton Park.  The site is a predominately a regular shaped allotment located on the southern side of Hoxton Park Road. The subject site has dual frontages, the first frontage is to Hoxton Park Road and is approximately 60m in length, and the second frontage is to Tamworth Crescent measuring 60.39m in length. The subject site has a total site area of 1.223 hectares.

 

Currently the subject site contains a single storey dwelling house with a detached garage and the site is being utilised for the purpose of horse paddocks and a trotting track. The primary vehicular access and egress point is a driveway off Hoxton Park Road.

 

An aerial map of the site is provided in Figure 1 below.

Figure 1: Aerial image of the subject site.

 

The context of the area is predominately characterised by low density residential development. To the north, south, east and west of the subject site are detached single and double storey dwellings. Directly north of the subject site is a small vacant lot of land that is owned by the Roads and Maritime Services (RMS) and is zoned SP2 (Classified Road), fronting Hoxton Park Road.

 

Figure 2: The site and surrounding locality.

 


 

details of the proposal

 

The application seeks consent for the demolition of existing structures and staged Torrens title subdivision over 2 stages;

 

Stage 1: Creation of five lots.

Stage 2: Creation of 24 lots and demolition of existing structures.

 

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

 

Variation to Clause 7.13 – Minimum Lot width in Zones R1, R2, R3 and R4

 

The key issue identified with respect to the application relates to the Clause 4.6 variation to the minimum lot width development standard under Clause 7.13 of the LLEP 2008. Proposed Lot 6 does not comply with the minimum lot width required under Clause 7.13(3). In accordance with Clause 7.13(3) the minimum lot width requirement is 10m. Lot 6 proposes a lot width of 3.42m representing a variation of 65.8% to the development standard (see figure 4 below).

 

Figure 4: Lot 6

 

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:

 

(a)       that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)        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 summarised as follows:

 

·    The majority of the lot complies with the minimum width requirement. A small section does not comply due to land that has been acquired for an electrical substation. Generally land is not acquired for an electrical substation but an easement is created over the subject lot in favour of Endeavour Energy. If this had been the case the lot width would have been maintained at 10.39 metres. Therefore the resulting impact of the padmount substation would be the same but it would have been within the subject lot. The depth of the lot which has a 10.39m width is sufficient to accommodate a standard dwelling and the area of the lot is more than the minimum required. The short section below the minimum width will be used to provide screening vegetation to Hoxton Park Road. In order to comply with this requirement the total lot width of lot 6 would have to be 17 metres just because of a step in the rear boundary. We believe that this is unreasonable and it would cause the loss of a lot in the subdivision.

·    The objectives of the zone are achieved. Lot 6 will still provide a suitable low scale residential development. The streetscape will be consistent along Mullimbimby Avenue, and the area complies with the minimum standard.

 

The following comments are offered in response to the variation sought to Clause 7.13(3):

 

·    Lot 6 reaches a minimum width of at least 10m at the front building line, thus allowing sufficient lot area to construct a dwelling.

·    The impacts of the proposed non-compliance are considered negligible on the surrounding environment, road network and future residential forms.

·    The lot layout is a consequence of the existing site constraints, created by the existence of the padmount substation, located at the north eastern corner of the proposed lot (Figure 5 below).

·    Despite the non-compliance the proposal still satisfies the relevant objectives of the R2 Low Density Residential Zone.

 

  Figure 5: Substation Location

 

Having regard to the above, it is considered that strict compliance with Clause 7.13 is unreasonable and unnecessary in this instance and there are sufficient environmental planning grounds to justify the contravention of the development standard.

 

Independent Hearing and assessment panel

 

At their meeting on 24 August 2015 IHAP made the following recommendation:

 

The Panel recommends approval of the application subject to the conditions contained within 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 the recommended conditions of consent.

 

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 details View (Under separate cover)

2.         IHAP report View (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)  


145

Ordinary Meeting 30 September 2015

Independent Hearing and Assessment Panel Report

 

IHAP 04

DA-180/2015 - Two lot Torrens title subdivision at 64 Pleasure Point Road, Pleasure Point

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

224036.2015

Report By

Taylar Vernon - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

64 Pleasure Point Road, Pleasure Point

Lot 76 DP 1134478

Owner

Mr David Yousef

Applicant

Mr David Yousef

 

 

Executive Summary

 

Council has received and considered a development application DA-180/2015, proposing a two lot Torrens title subdivision at 64 Pleasure Point Road, Pleasure Point. This application was lodged on 12 March 2015.

 

This application was referred to the 24 August 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the development seeks to vary Clause 7.12 of the Liverpool Local Environmental Plan (LLEP) 2008 which stipulates that a “Restricted Lot Yield” of four lots applies to the subject land. The proposed subdivision will result in a total of five lots being created. The numerical non-compliance therefore equates to one lot or 25%.

 

In accordance with the Liverpool Development Control Plan 2008 (LDCP 2008), opposite and adjacent landowners were notified of the development application and given the opportunity to make a submission between 6 July 2015 and 20 July 2015. No submissions were received.

 

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 1).

 

 

RECOMMENDATION

 

That Council approve Development Application DA-180/2015, subject to the recommended conditions attached to the Council officer’s IHAP report.

 

Background

 

Council has received and considered a development application DA-180/2015 proposing a two lot Torrens title subdivision at 64 Pleasure Point Road, Pleasure Point.

 

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 7.12 of the LLEP 2008 which stipulates that a “Restricted Lot Yield” of four lots applies to the subject land. The proposed subdivision will result in a total of five lots being created. The numerical non-compliance therefore equates to one lot or 25%.

 

The Site

 

The site is identified as 64 Pleasure Point Road, Pleasure Point, with legal description of Lot 76 DP 1134478. The site is rectangular in shape, with an area of 1,600sqm and a frontage to Pleasure Point Road of 20 meters.

 

The subject site is currently vacant. Dwellings are under construction on the adjoining properties to the north and south of the subject property. The land to the east of the site is densely vegetated and the land to the west has been largely cleared for future residential development.

 

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 Pleasure Point which is characterised by large residential lots. To the east of the site is an extensive area of bushland and to the west is a large expanse of land which has previously been cleared and will accommodate future residential development.

 

Subject Site

 

Figure 2: The site and surrounding locality.

 

details of the proposal

 

The proposed development consists of:

 

·    Subdivision into two (2) lots as follows;

 

Lot 761 – 800sqm

Lot 762 – 600sqm

 

The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.12 of the LLEP 2008, stipulates that a “Restricted Lot Yield” of four lots applies to the subject land. The proposed subdivision will result in a total of five lots being created.

 

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 maximum number of lots stipulated by Clause 7.12 of the LLEP.

 

Clause 7.12 states that “the total number of lots created by the subdivision of land in an area of land identified as “Restricted Lot Yield” on the Dwelling Density Map must not exceed the number shown on that map for that area.” The dwelling density map provides that subdivision should not result in the creation of greater than four lots. The proposed subdivision will result in a total of five lots being created within the affected area. The numerical non-compliance therefore equates to one lot or 25%.

 

Consequently, the applicant has submitted a written request seeking a variation to the maximum number of lots prescribed by Clause 7.12 of the LLEP.

 

The objectives of Clause 4.6 of the LLEP 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:

 

          (a)     that compliance with the development standard is unreasonable or unnecessary             in the circumstances of the case, and

 

          (b)     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:

 

·    The development is consistent with the controls and objectives regarding minimum lot size, as prescribed by Clause 4.1 of the LLEP 2008.

·    The proposed lots are of similar dimension and area to established lots within the locality

·    Strict compliance with the standard would be in contravention of the objects of the EP&A Act 1979 to promote the efficient and economic development of land.

 

The following comments are offered in response to the variation sought to Clause 7.12:

 

The “Restricted Lot Yield” was imposed on the land on 1 April 2005 with the gazettal of Amendment No.84 to the Liverpool Local Environmental Plan 1997. It is understood that this occurred following community consultation which delivered the following outcomes:

 

·    Limited development would be supported,

·    There was support for the development principles proposed by the developer,

·    Protection of defined environmental corridors with no development in these areas,

·    No development should occur at the rear of the subject lots,

·    There should be no medium density development,

·    There should be no zero lot line development,

·    There should be no significant traffic impacts on Pleasure Point Road,

·    There is some scepticism as to Council’s ability to enforce proposed environmental controls.

 

The proposed development remains consistent with the outcomes. As previously stated, the proposed lots will be similar in size and character to existing lots within the locality. Future residential development will be of a low density character and zero lot line development is not proposed.

 

The Threatened Species Assessment report provided in support of the application has concluded that the proposed development will not have an impact on any significant vegetation. Further, the densely vegetated land at the rear of the affected properties will remain undeveloped. The proposal remains consistent with advice from the Department of Environmental & Climate Change (now Office of Environment and Heritage) received at the time stating that the proposal to allow 16 dwellings along the alignment of Pleasure Point Road would be acceptable, so long as the rear of the property is adequately protected by a strict environmental conservation zone. The land referred to is now zoned E2 Environmental Conservation.

 

In relation to traffic impacts, the creation of an additional lot will have a negligible impact on Pleasure Point Road.

 

Having regard to the above, it is considered that strict compliance with Clause 7.12 is unreasonable and unnecessary in this instance.

 

Independent Hearing and assessment panel

 

At their meeting on 24 August 2015, IHAP made the following recommendation:

 

The Panel recommends approval of the application subject to the conditions contained within 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

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

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.         IHAP ReportView (Under separate cover)

2.         IHAP RecommendationView (Under separate cover)  


151

Ordinary Meeting 30 September 2015

Independent Hearing and Assessment Panel Report

 

IHAP 05

DA-630/2014 - Three lot Torrens title subdivision at 20 First Avenue, Hoxton Park

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

225082.2015

Report By

Emma Butcher - Development Assessment Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

Lot 1 DP 510863

20 First Avenue, Hoxton Park

Owner

Liverpool City Council

Applicant

Liverpool City Council

 

 

 

Executive Summary

 

Council has received and considered a development application DA-630/2014, proposing a Torrens title subdivision creating three lots in line with zoning boundaries at 20 First Avenue Hoxton Park. The proposal is identified as Integrated Development pursuant to s100B of the Rural Fires Act 1997. The application was lodged on 15 July 2014.

 

This application was referred to the 24 August 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as the application has been lodged by Council and it is considered that Council has a pecuniary interest in the development. In addition, 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 development involves the creation of one lot with a proposed width ranging from 30m to 0m, which represents a maximum variation of 100%.

 

The IHAP recommendation (see Attachment 2) was to approve the development application subject to conditions of consent as contained within the Council Officer’s IHAP report (see Attachment 1). The following advice was also provided:

 

·    Consideration may need to be given to the status of the northern portion of Lot 1 (which appears to be zoned RE1)  for future subdivision; and

·    Clear public access from First Avenue needs to be maintained to be open space to the east.

 

RECOMMENDATION

 

That Council approves Development Application DA-630/2014, subject to the recommended Conditions of Consent attached to the Council Officer’s report.

 

Background

 

Council has received and considered a development application DA-630/2014, proposing a Torrens title subdivision creating three lots in line with zoning boundaries at 20 First Avenue Hoxton Park.

 

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 application has been lodged by Council and it considered that Council has a pecuniary interest in the development; and as the development proposes a variation of more than 10% to Clause 7.13 Minimum lot width in Zones R1, R2, R3 and R4 of the Liverpool Local Environmental Plan (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 development involves the creation of one lot with a proposed width ranging from 30m to 0m, which represents a maximum variation of 100%.

 

The Site

 

The site is identified as 20 First Avenue, Hoxton Park, with legal description of Lot 1 DP 510863. The subject site is a rectangular shaped allotment with an area of 20230m2.

 

The subject site is currently vacant and fronted by First Avenue. The boundary to the north east of the site is bounded by the Good Shepard Catholic Church and Primary School. To the south east of the site is public recreation land owned by Liverpool Council and Brownes Farm Reserve. To the west and south west of the site is residential development.

 

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 Hoxton Park which is characterised by low density residential development and land dedicated to public recreation.

 

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;

 

Lot 1 - 3880m2 with a minimum lot width of 26.345m

Lot 2 - 3110m2 with a minimum lot width of 0m

Lot 3 - 13240m2  with a minimum lot width of 17.52m

 

Lot 1 addresses First Avenue and is zoned R2 Low Density Residential. The lot will be available for future subdivision. Lot 2 is a residue residential parcel of land that is not proposed to be developed. Council will either negotiate a sale to the adjoining owners or retain the land to form part of the adjoining open space. Lot 3 is zoned RE1 public recreation and SP2 Infrastructure (drainage). This lot will be dedicated as a public reserve.

 

The proposal was referred to NSW Rural Fire Service as integrated development.  General Terms of Approval have been issued by the NSW Rural Fire Service. 

 

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 and zoning maps are provided in Figures 3 and 4 below. 

 

Figure 3: Proposed Lot layout for subject site.

Figure 4: Zoning map of 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 2 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 2 proposes a minimum lot width ranging from 30m to 0m, representing a maximum variation of 100%. It is noted that the 0m lot width is due to the triangular shape of the western end of proposed Lot 2. This irregular layout represents a technical non-compliance of 100%.

 

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 of the LLEP 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:

 

          (a)     that compliance with the development standard is unreasonable or unnecessary             in the circumstances of the case, and

 

          (b)     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:

 

·    The best planning practice would be to go beyond basic numerical compliance checking to comply with Clause 7.13(2). This is on the basis that at the zoning stage there would have been some consideration of the residentially zoned parcel (Lot 2) being amalgamated with properties in Twentieth Avenue. Having regard to the above, we consider that the approach taken serves the objects of the Act of promoting the orderly and economic use of land.

The following comments are offered in response to the variation sought to Clause 7.13(3):

 

·    The objective of Clause 7.13 is to “ensure that lot dimensions are able to accommodate residential development that is suitable for its purpose and is consistent with relevant development controls”. As Lot 2 is a residue lot and residential development is not envisaged, the objective is not relevant. 

 

·    As the proposed subdivision follows the zoning boundaries, and the residential land directly to the north of proposed Lot 2 has been developed, compliance with the development standard is considered unreasonable and unnecessary in the circumstances of the case.

 

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 24 August 2015, IHAP made the following recommendation:

 

The Panel recommends approval of the application subject to the conditions contained within the Council officer’s report. The Panel notes that the northern section of proposed Lot 1 appears to be zoned RE1 and consideration may need to be given by Council to the status of this part of the lot for future re-subdivision. Clear public access from First Avenue needs to be maintained to be open space to the east.

 

The proposed subdivision plan shows that proposed Lot 1 is zoned R2 Low Density Residential in its entirety; and the plan also shows the existing concrete path (which provides access to the public recreation land to the north and east of proposed Lot 1) located entirely within Lot 3. As Lot 3 is not intended or zoned for residential subdivision, sufficient public access to the public recreation land to the east will be maintained.

 

The above recommendations made by the Panel have been taken into consideration. It is considered that the issues raised do not require the imposition of additional conditions of consent. 

 

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.         IHAP ReportView (Under separate cover)

2.         IHAP RecommendationView (Under separate cover)  


158

Ordinary Meeting 30 September 2015

Independent Hearing and Assessment Panel Report

 

IHAP 06

DA-304/2015 - Three lot Torrens title subdivision at 11 Bullrush Cr, Voyager Point

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

225142.2015

Report By

Taylar Vernon - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

Property

11 Bullrush Crescent, Voyager Point

Lot 87 DP 1169134

Owner

M Build Holdings Pty Ltd

Applicant

Baini Design

 

 

Executive Summary

 

Council has received and considered a development application DA-304/2015, proposing a three lot Torrens title subdivision at 11 Bullrush Crescent, Voyager Point. This application was lodged on 24 April 2015.

 

This application was referred to the 24 August 2015 meeting of the Independent Hearing and Assessment Panel (IHAP) as there were seven written submissions received during the exhibition of the proposed development. In addition, an online petition relating to the proposed development gained 108 supporters.

 

The proposed subdivision seeks to vary Clause 7.12 of the Liverpool Local Environmental Plan (LLEP) 2008 which stipulates that a “Restricted Lot Yield” of 137 lots applies to the subject lot and its surrounding area. The maximum number of lots in the area affected by this clause has been reached and the proposal will therefore result in a numeric non-compliance with the development standard. The proposal seeks to vary Clause 7.12 through the creation of two additional lots, which equates to a variation of 1.46%.

 

The IHAP recommendation was to refuse the development application for the following reasons;

 

1.   The 4.6 variation request to Clause 7.12 of LLEP 2008 is not well founded.

 

2.   The subdivision size and layout is not consistent with the context of the subdivision in the Voyager Point estate.

 

Notwithstanding the IHAP recommendation, Council officers maintain the application is worthy of support for the reasons outlined within this report and the Council officer’s IHAP report; and therefore recommended to Council approval of the application.

 

RECOMMENDATION

 

That Council approve Development Application DA-304/2015, subject to the recommended conditions attached to the Council officer’s IHAP report (Attachment No 2).

 

Background

 

Council has received and considered a development application DA-304/2015 proposing a three lot Torrens title subdivision at 11 Bullrush Crescent, Voyager Point.

 

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 received seven written submissions and a petition with 108 supporters. Although applications for subdivision creating lots greater than 300sqm do not require notification under the Liverpool Development Control Plan (DCP) 2008, land owners within 75 metres of the site were notified of the development application due to the proposed variation to Clause 7.12 of the LLEP 2008.

 

The application is accompanied by a written request to vary Clause 7.12 of the LLEP 2008 which stipulates that a “Restricted Lot Yield” of 137 lots applies to the subject lot and its surrounding area. The maximum number of lots in the area affected by this clause has been reached and the proposal will therefore result in a numeric non-compliance with the development standard. The proposal seeks to vary Clause 7.12 through the creation of two additional lots, which equates to a variation of 1.46%.

 

The Site

 

The site is identified as 11 Bullrush Crescent, Voyager Point, with legal description of Lot 87 DP 1169134. The subject site has an area of 974.2sqm and frontages to both Bullrush Crescent and Coach Drive.

 

The subject site is currently vacant. The boundaries to the north and south are also vacant lots and the adjoining lot to the north-east accommodates a dwelling house.

 

An aerial map of the site is provided in Figure 1 below.

Subject Site

 
http://adm-m-gis1/output/Buffer_ims_adm-m-gis111648719688979.jpg

Figure 1: Aerial image of the subject site.

 

The subject site is located in an established residential area within Voyager Point which is characterised by low density residential development.

 

Subject Site

 
http://adm-m-gis1/output/Buffer_ims_adm-m-gis168207636166892.jpg

Figure 2: The site and surrounding locality.

 

 

 

 

 

details of the proposal

 

The proposed development consists of:

 

·    Subdivision into three (3) lots as follows;

 

Lot 1 – 322sqm

Lot 2 – 323sqm

Lot 3 – 329sqm

 

The application is accompanied by a written request, pursuant to Clause 4.6 of the LLEP 2008, to vary Clause 7.12 of the LLEP 2008, which prescribes the maximum number of lots which may be created in the vicinity of the proposed development site.

 

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 maximum number of lots stipulated by Clause 7.12 of the LLEP.

 

Clause 7.12 states that “the total number of lots created by the subdivision of land in an area of land identified as “Restricted Lot Yield” on the Dwelling Density Map must not exceed the number shown on that map for that area.” The dwelling density map provides that subdivision should not result in the creation of greater than 137 lots. The proposed subdivision will result in a total of 139 lots being created within the affected area. The numerical non-compliance therefore equates to two lots, or 1.46%.

 

Consequently, the applicant has submitted a written request seeking a variation to the maximum number of lots prescribed by Clause 7.12 of the LLEP.

 

The objectives of Clause 4.6 of the LLEP 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:

 

          (a)     that compliance with the development standard is unreasonable or unnecessary             in the circumstances of the case, and

 

          (b)     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:

 

·    Consistency with the objectives of the lot yield restriction

·    Consistency with the envisaged dwelling density

·    Subdivision will result in an enhanced streetscape by providing lots with a single street frontage

 

The following comments are offered in response to the variation sought to Clause 7.12:

 

There are no objectives which relate to the development standard, although further details of the intent of the standard are provided in Part 2.8 of the DCP 2008. The relevant objectives are provided by Clause 3.1 of Part 2.8 of the DCP 2008 as shown below;

 

a)    To promote sustainable forms of suburban development.

b)    To establish a compact community with high levels of liveability and amenity.

c)    To encourage the provision of a range of housing types and forms at an appropriate dwelling density.

d)    To ensure an appropriate development interface with the existing development in ‘The Sanctuary’.

e)    To establish an acceptable interface with public open spaces.

f)     To increase the walkability of suburban living, and decrease reliance on private vehicles.

The proposed development is consistent with the implied objectives of the standard. It will promote a compact community with lot sizes which exceed the minimum area specified within the LLEP 2008. The proposed development will provide the opportunity for smaller sized dwellings within the overall estate and therefore contribute to improved housing choice. The site does not have any direct interface with ‘The Sanctuary’ and accordingly does not derogate from the objective of delivering “an appropriate interface”.

 

The restricted lot yield was associated with the original masterplan for the area. Subsequent changes to the road network and the approval of small lot housing within the precinct has meant that the existing development differs significantly from that which was originally envisaged. These changes are illustrated in Figure 4 below:

 

Figure 4: Voyager Point network overlain on DCP Master Plan

 

The land which has been dedicated as public road in the precinct is significantly less than that which was proposed under the DCP masterplan, resulting in an additional 3662sqm of residential land. Existing residential lots within the release area are therefore, on average, substantially larger than would have otherwise been the case. As a consequence, the net dwelling density is much lower than was originally proposed. The applicant therefore asserts that the proposed variation is consistent with the planned dwelling density for the release area.

 

Further justification for varying the development standard is that the proposed subdivision will ensure that all lots have a single frontage to a public road. Except in the case of corner allotments, lots having a frontage to two roads is generally an undesirable subdivision outcome. Such lots create adverse streetscape impacts by the introduction of rear boundary fencing into an otherwise front setback streetscape. They also represent a poor outcome in terms of efficiency of road provision and services when expressed in terms of dwellings per lineal metre of road / services.

 

The proposed subdivision will correct this existing situation. Variation to the development standard is therefore supported on the basis that the proposed development represents a considerable improvement in terms of orderly and economic development of land (objective 5(a)(ii) of the EP&A Act 1979).

 

Having regard to the above, it is considered that strict compliance with Clause 7.12 is unreasonable and unnecessary in this instance.

 

Independent Hearing and assessment panel

 

At their meeting on 24 August 2015, IHAP made the following recommendation:

 

The Panel recommends refusal of the subject development application for the following reasons:

 

1.   The 4.6 variation request to Clause 7.12 of LLEP 2008 is not well founded.

2.   The subdivision size and layout is not consistent with the context of the subdivision in the Voyager Point estate.

 

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 and Landowner DetailsView (Under separate cover)

2.         IHAP ReportView (Under separate cover)

3.         IHAP RecommendationView (Under separate cover)    


165

Ordinary Meeting 30 September 2015

Chief Executive Officer Report

 

CEO 01

Corporate 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

File Ref

089696.2015

Report By

Anthea Hall - Manager Marketing and Communications

Approved By

Gary Grantham - Acting Chief Executive Officer

 

 

Executive Summary

 

Council provides financial assistance to the community through the Corporate Sponsorship program.

 

The Financial Contributions Panel (FCP) recently considered a number of applications from local residents and community groups for Corporate Sponsorship.

 

This report presents the funding recommendations made by the FCP for Council's consideration.

 

RECOMMENDATION

 

Endorses the Financial Contributions Panel’s recommendations for the provision of $30,750 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $30,750 is endorsed, the remaining balance will be $20,750

 

Applicant name

Amount

Igbo  Community Australia (in partnership with Liverpool MRC and Rwandan Community of NSW)

$5,000 ex gst

Wattle Grove Public School

$500 ex gst

Lurnea High School

$250 ex gst

Western Sydney Wanderers

$25,000 ex gst

 

REPORT

 

This report contains the most recent recommendations by the FCP for Corporate Sponsorship.

 

 

 

Corporate Sponsorship

Council delivers a Corporate Sponsorship Program for local organisations seeking financial support to deliver events that benefit Liverpool. Four applications for corporate sponsorship 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 request received and the FCP recommendation are shown in the table below.

 

Applicant Details

Project Name and Description

Amount Requested

FCP

Recommend-ation

Igbo  Community Australia (in partnership with Liverpool MRC and Rwandan Community of NSW)

African cultural & dinner night–Liverpool Catholic Club -  24 October 2015

 

The event is a major African cultural event aimed at providing an opportunity for African-Australians to network, foster a sense of community and social inclusion for African communities in Western Sydney. Ticketed event $42. Any profits will go towards capacity building, including training for volunteers for African community groups such as Igbo Community Australia and the Twanda Community of NSW.    Estimated Attendance is 600 people.

 

Benefits include:

-      Speaking opportunity at the event

-      Logo inclusion on all promotional materials,

-      Signage at the event

-      6 free tickets

 

Comments:

The event aligns with the aims of socially inclusive community and contributes to Liverpool’s position as a vibrant regional centre. The will supports the local economy and will be held in the local area.  Aligns with program criteria. Recommended for funding in line with previous support.

$5,000 ex gst

$5,000

Wattle Grove Public School

Wattle Grove Public School Spring Fair – 1st November

Support for the annual spring fair.  The event attracts over 5000 people from the local area.

 

Gold Sponsor - $1,000

Silver Sponsor - $500

Bronze Sponsor - $250

 

Benefits

-      Logo inclusion on all promotional materials

-      Vocal acknowledgement at the event throughout the day

-      For silver and gold sponsors, social media and school newsletter inclusions before and after the event

 

Comments

Moderate alignment with program criteria and has the ability to attract people from surrounding areas with the local area.  Recommended for funding in line with previous support.

$250-$1,000

$500

Lurnea High School

Grease (High School Musical Production) – Lurnea High School 24 November 2015

High School production of the musical Grease.  The event will showcase dramatic and musical performances from students at Lurnea High school.  Estimated attendance 250 people.

 

Options for sponsorship range from $250, $500 and $1,000

Benefits

-      Speaking opportunity at the event

-      Logo inclusion on all promotional materials, social media, website etc.

-      Free tickets to the event

 

Moderate alignment with program criteria.  Event will be held in the local area but not expected to attract large or broad based audiences.  Recommended for funding at the $250 level

$250-$1,000

$250

Western Sydney Wanderers

Western Sydney Wanderers 2015/16 season

Support for the Western Sydney Wanderers 2015/16 season

 

Benefits

 

Branding and Activation:

·    Listing on Corporate Partners page on Wanderers Website;

·    Listing on Corporate Partners page in The Wanderer Match Day Programme for all 13 2015/16 Hyundai A-League regular season home matches;

·    One (1) strip ad in The Wanderers Match Day Programme for four (4) 2015/16 Hyundai A-League regular season home matches;

·    Use of Corporate Partner brand in marketing promotions and advertising collateral;

·    WSW players and personnel will attend and support the Council’s Harmony Day event on the 21st of March with the following activity:

·    Community coaches to run football clinics, penalty shoot-out, skills sessions;

·    Three players for one hour;

·    Social media support;

·    Selected kids (20 in total) from Liverpool LGA to participate in WSW’s home game designated to promote Harmony Day.

·    Joint promotion with Westfield Liverpool in the off-season in July or August, which includes:

·    Four (4)– six (6) players for one hour for signings, photos, meet & greet with fans;

·    Community football clinic outside the church (to be leveraged with the Council to select the participants prior to the event);

·    Mayor to launch the event;

·    Membership and merchandise promotions;

·    Social media support

·    Liverpool Spring Festival appearance;

·    A one (1) hour player appearance of up to three (3) players from a mix of A-League and W-league teams (pending playing and training commitments);

·    Penalty Shoot out activation. Ticketing and Corporate Hospitality:

·    Six (6) general admission tickets to each home match at Pirtek Stadium during the 2015/16 regular season (WSW to make up ticketing for missed matches as per last season);

·    Six (6) red category memberships for the 2015/16 regular season;

·    Four (4) tickets to WSW Medal Night;

·    Invites for the Mayor to WSW Ambassador’s Lounge for four (4) selected home games, to be determined by Sponsor and Club. Merchandise:

·    One (1) Signed 2015/16 Hyundai A-League Jersey.

 

New 2015/16 Inventory:

·    Australia Day Player Appearance;

·    A one (1) hour player appearance of up to three (3) players from a mix of A-League and W-League teams (pending playing and training commitments);

·    Community football clinic.

·    Women’s League Open Training Session;

·    Two (2) Women’s League Open Training session and signing opportunities throughout the 2015/16 W-League Season.

·    Scope to promote the Indigenous scholarship program through events such as NADOC week and Sorry Day.

 

Aligns with program criteria.  Additional benefits include the introduction of the Women’s league player appearances and open training sessions.  The W league women’s team is in an advanced stage of negotiations regarding the use of Ernie Smith Reserve as their training base.

 

Recommended for funding in line with previous support.

$25,000

$25,000

 

CONSIDERATIONS

 

Economic and Financial

 

The 2015/16 Corporate Sponsorship Program has a budget of $125,000, with a remaining balance of $51,500. If the recommended amount of $30,750 is endorsed, the remaining balance will be $20,750.

 

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

 

Nil


171

Ordinary Meeting 30 September 2015

Chief Executive Officer Report

 

CEO 02

Carnes Hill Precinct Signage

 

Strategic Direction

Proud Engaged City

Provide first class and iconic facilities and places

Key Policy

Communications Plan

File Ref

241681.2015

Report By

Anthea Hall - Manager Marketing and Communications

Approved By

Gary Grantham - Acting Chief Executive Officer

 

 

Executive Summary

 

Significant infrastructure projects undertaken by Council are accompanied by signage which aims to provide the community with details and information about the projects.  In accordance with section 378 of the Local Government Act 1993, the CEO delegated the Carnes Hill signage approval (under clause 4.18 of the Media Representation Policy) to relevant members of Council staff. The text complied with Council’s current Media Representation Policy adopted by Council on 26 May 2015.  Council’s Media Representation Policy has been amended in accordance with the August 2015 Council Resolution.

 

RECOMMENDATION

 

That Council note the contents of this report.

 

REPORT

 

As is common practice with significant infrastructure projects such as the Carnes Hill Community and Recreational Centre, three information signs have been erected at key points around the Carnes Hill site. These signs provide the community with information about the scale and type of facilities that will be constructed as part of the development. The total cost for the three signs including installation was $8,095. Hoardings have also been placed around the site and include Council’s website address where the public can go for more detailed information about the project. The hoardings were installed as part of the original contract with the builder. 

 

Upon further consideration and following a complaint made to the CEO about the design of the hoardings, Council staff were of the opinion that the present wording would be more appropriate and arranged for the hoardings to be amended and re-printed. One complaint was received by the CEO.

 

The cost of re-printing the hoardings was $13,068 ex GST.  Contrary to recent media reports, the three information signs were not reprinted and neither the information signs nor the hoardings ever included images of the Mayor.

 

The text of the originally erected signs complied with Council’s current Media Representation Policy which was adopted by Council on 26 May 2015. In accordance with section 378 of the Local Government Act 1993, the CEO delegated the signage approval (under clause 4.18 of the Media Representation Policy) to relevant members of Council staff.

 

Council’s Media Representation Policy has been amended in accordance with the August Council Resolution and it has been published in the Policy and Procedure Register available on Council’s website.

 

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.


Civic Leadership and Governance

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

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

 

 

ATTACHMENTS

 

Nil   


173

Ordinary Meeting 30 September 2015

Chief Financial Officer

 

CFO 01

Review of Delegations by Council to the Chief Executive Officer

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Workforce Management Plan

File Ref

214003.2015

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Acting Chief Executive Officer

 

 

Executive Summary

 

Council Governance staff members are currently preparing to implement new Council electronic delegations and compliance databases which will make their preparation of necessary sub-delegations and authorisations by the CEO, under section 378 of the Act, to members of Council staff more efficient, timely and accurate.

 

As part of this process and with a view to reducing red tape, Council’s Governance Coordinator has reviewed the delegations to the CEO by Council and recommends minor changes to the delegations by Council to the CEO for sake of efficiency and clarity. The recommended changes are highlighted in the attached document.

 

It is recommended that Council note this report and delegate to the CEO the delegations set out in the Delegations to the CEO, as attached to this report.

 

RECOMMENDATION

 

That Council:

 

1.    Note this report;

 

2.    Delegates to the Chief Executive Officer the delegations set out in the Delegations to the Chief Executive Officer, as attached to this report.

 

REPORT

 

Council delegated functions to the CEO in accordance with section 377 of the Act at its meeting on 2 December 2013.

 

Governance staff members are currently preparing to implement new electronic delegations and compliance databases so that authorisations and delegations can be prepared, signed by the CEO and issued to staff more quickly and efficiently.

As part of the review of sub-delegations to Council staff, required for the preparation and implementation of the new electronic delegations and compliance databases, Council’s Governance Coordinator has reviewed the current delegations by Council to the CEO and recommends the following changes to the delegations by Council to the CEO, as highlighted in the document attached to this report, by Council:

 

1.   Deleting the current clause 3.2.2 which is contrary to clause 400 of the Local Government (General) Regulation 2005 (In any case, most Council legal documents are presently executed under Council’s power of attorney.);

 

2.   Increasing the authority of the CEO to write off bad debts up to an amount of $20,000,  obviating minor debt write-offs which require a report to and authorisation by the elected Council, thus reducing red tape;

 

3.   Increasing the authority of the CEO to reduce or waive fees and charges to an amount of $20,000, obviating minor reductions and waiving of fees which require a report to and authorisation by the elected Council, thus reducing red tape;

 

4.   Deleting clause 3.4.1 in the current delegation instrument for the CEO: The current clause has resulted in delays to quick and effective responses by Council when a number of urgent legal proceedings needed to be commenced in the NSW Supreme Court. (In this regard, it should be noted that Council now has in place a Legal Services Policy which requires the Manager Governance and Legal Services to report quarterly to Council on the progress and outcome of major litigation involving Council.)

 

It should be noted that all clauses pertaining to “Exceptions” in the attached draft Delegations to the CEO actually set out the limitations imposed on delegations by Council to the CEO as a result of Council resolutions since 2 December 2013  as well as limitations imposed by legislation.

 

It is, therefore, recommended that Council delegate to the CEO the delegations set out in the Delegations to the CEO, as attached to this report.

 

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.         Draft Delegations by Council to the CEOView

2.         Relevant sections of the Local Government Act 1993 relating to the functions of the General Manager (CEO)View

3.         Schedule of amendments by Council to delegations to the CEO


181

CFO 01

Review of Delegations by Council to the Chief Executive Officer

Attachment 1

Draft Delegations by Council to the CEO

 


 


 


179

CFO 01

Review of Delegations by Council to the Chief Executive Officer

Attachment 2

Relevant sections of the Local Government Act 1993 relating to the functions of the General Manager (CEO)

 


 


181

CFO 01

Review of Delegations by Council to the Chief Executive Officer

Attachment 3

Schedule of amendments by Council to delegations to the CEO

 


182

Ordinary Meeting 30 September 2015

Chief Financial Officer

 

CFO 02

Election of Deputy Mayor

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Workforce Management Plan

File Ref

228280.2015

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Gary Grantham - Acting Chief Executive Officer

 

 

Executive Summary

 

Section 231 of the Local Government Act 1993, allows Councillors to elect a person from among their numbers to be the Deputy Mayor. The report recommends that Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer.

 

 

RECOMMENDATION

 

That Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer.

 

 

REPORT

 

Section 231 of the Local Government Act 1993, allows Councillors to elect a person from among their numbers to be the Deputy Mayor. Clause 73 of Council’s Code of Meeting Practice states that the election will occur annually in September.

 

In September 2014 Council elected Councillor Ristevski as Deputy Mayor for a 6 month term until March 2015. In March 2015, a further election was held and Councillor Balloot was elected Deputy Mayor for the remaining 6 months until September 2015.

 

Schedule 7 Clause 394 of the Local Government (General) Regulation 2005 provides that nominations for the Deputy Mayor must be in writing signed by at least two Councillors, one of whom may be the nominee. The nominee must consent in writing to the nomination. Nominations may be delivered or sent to the Returning Officer prior to or during the meeting.

The nomination form is attached.

 

The Acting Chief Executive Officer is the Returning Officer for the election of Deputy Mayor.

Schedule 7 Clause 394 of the Local Government (General) Regulation 2005 also provides that if more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

 

Accordingly, this report recommends that Council proceeds with the election of the Deputy Mayor for the remaining 12 months of the Council term, to be conducted by the Returning Officer.

 

CONSIDERATIONS

 

Economic and Financial

Provision has been made for costs associated with the Deputy Mayor in the 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

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.         Nomination Form - Election of Deputy Mayor


187

CFO 02

Election of Deputy Mayor

Attachment 1

Nomination Form - Election of Deputy Mayor

 


185

Ordinary Meeting 30 September 2015

Chief Financial Officer

 

CFO 03

Investment Report August 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

233520.2015

Report By

Christian  Hope - Senior Financial Accountant

Approved By

Gary Grantham - Acting Chief Executive Officer

 

 

Executive Summary

 

This report details the Council’s Investment portfolio.

 

At 31st August 2015, Council held investments with a market value of $171.2 million. The portfolio yield for twelve months ended was 3.78 per cent exceeding the benchmark of 2.51 per cent by 127 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.

 

RECOMMENDATION

 

That Council receives and notes this report.

 

 

REPORT

 

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

 

Council’s Portfolio

 

At 31st August 2015, Council held investments with a market value of $171.2 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:

 

 

As at the end of August 2015, the ratio of market value compared to face value of various debt securities is shown in the table below.

 

Asset Class

Aug -15

Jun-15

Senior Debts (FRN’s & *TCD’s)

100.37 %

 100.49%

MBS (Reverse Mortgage Backed Securities)

  65.77 %

  66.01%

* A TCD stands for Transferrable Certificate of Deposit; it is a security issued with the same characteristics as a   Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).

 

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.

 

During the month of August Council purchased $7 million senior floating rate notes (FRN) comprising of the following:

 

Issuer

Credit Rating

Coupon Interest

Rate

Face Value

Bendigo & Adelaide Bank Limited

S&P A-

BBSW+110 basis points

$5,000,000

Credit Suisse AG Sydney Branch

S&P A

BBSW+105 basis points

$2,000,000

 

This purchase further enhances liquidity and diversification to Council’s investment portfolio.

 

 

 

 

Portfolio Maturity Profile

 

The table below shows the percentage of funds invested at different durations to maturity

 

 

Market Value by Issuer and compliance to investment policy

 

 

 

Portfolio Performance

 

Council’s investment portfolio yield for the 12 months ended 31 August 2015 was 3.78 per cent which exceeded benchmark of 2.51 per cent by 127 basis points for the same period. Council continues to achieve a solid outcome despite ongoing margin contraction and significantly lower deposit yields on offer. Council’s ongoing outperformance has been boosted by a handful of longer term investments yielding above 4% and maturing out to 2019. Return on investments is expected to slowly 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:

 

 

Investment Portfolio at a Glance

Portfolio Performance vs. 90 day Bank Bill index over the 12 month period.

MCWB01114_0000[1]

The portfolio yield for 12 month ended is 127 basis points above the benchmark for the same period (3.78% against 2.51%).

Annual Income vs. Budget

MCWB01114_0000[1]

Council’s investment interest income was slightly below budget for the month; however it is expected to improve and exceed year to date budget during the course of this financial year.

 

Investment Policy Compliance

Legislative Requirements

 

MCWB01114_0000[1]

Fully Compliant.

Portfolio Credit Rating Limit

MCWB01114_0000[1]

Fully Compliant.

 

Institutional Exposure Limits

MCWB01114_0000[1]

Fully Compliant.

Term to Maturity Limits

MCWB01114_0000[1]

Fully Compliant

 

Economic Outlook – Reserve Bank of Australia

At its September 2015 meeting, the Board of the Reserve Bank of Australia (RBA) decided to leave the cash rate unchanged at 2.0 per cent. A statement released on 1st September 2015 by Glenn Stevens, Governor of the RBA commenting on the central bank decision is attached to this report. The cash rate is at historically low level and adversely impacting returns on investment. Returns on Term Deposits have significantly dropped since the last twelve months. The average market returns on term deposits are:

·    Longer term deposits (> 3years maturity) - 3.0% to 3.5% p.a

·    Medium term (2 to 3 years to maturity) - 2.7% to 3.0% p.a.

·    Short term deposits rate (less than one year to maturity) – ranges from 2.25% for 30 days to 2.9% per annum.

·    Cash & Cash At Call accounts range from1.8% to 2.55%

·    31 Days’ Notice Account 2.7%

 

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

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.         Investment Portfolio - August 2015View

2.         Investment Performance Charts - August 2015View

3.         RBA Cash Rate media release - September 2015View  


191

CFO 03

Investment Report August 2015

Attachment 1

Investment Portfolio - August 2015

 


 


193

CFO 03

Investment Report August 2015

Attachment 2

Investment Performance Charts - August 2015

 


197

CFO 03

Investment Report August 2015

Attachment 3

RBA Cash Rate media release - September 2015

 


195

Ordinary Meeting 30 September 2015

Chief Financial Officer

 

CFO 04

Appointment of Councillors to Committees and Affiliated Bodies

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Long-Term Financial Plan

File Ref

234251.2015

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Gary Grantham - Acting Chief Executive Officer

 

 

Executive Summary

 

The purpose of this report is for Council to consider appointment of Councillors as representatives to Committees and affiliated bodies.

 

Clause 73 of Council’s Code of Meeting Practice states that at a meeting in September each year, Council shall, by resolution, elect persons to all positions, including Chairpersons, delegates to all community committees and affiliated bodies. The method of election for all positions shall be determined by Council.

 

This report outlines the Committees and affiliated bodies which Council has endorsed and recommends that Council appoints Councillors as representatives for the period to September 2016.

 

 

RECOMMENDATION

 

That Council:

 

1.   Appoints Councillors as representatives to the following Committees for the period to September 2016:

 

a.   Aboriginal Consultative Committee

b.   Audit and Risk Committee

c.   Badgerys Creek Taskforce

d.   Budget and Finance Committee

e.   Building our New City

f.    Casula Powerhouse Arts Centre Board

g.   Civic Advisory Committee

h.   Committee for Liverpool

i.    Economic Development and Events

j.    Environment Advisory Committee

k.   Heritage Advisory Committee

l.    Liverpool Access Committee

m.  Liverpool Sports Committee

n.   Master Plan Steering Committee

o.   Multicultural Advisory Committee

p.   No Intermodal Committee

q.   Planning and Development Committee

r.    Street Naming Committee

s.   Warwick Farm Racing Precinct Steering Committee

t.    Youth Council

 

2.   Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies of their representatives for the period to September 2016:

 

a.   Floodplain Management Association

b.   Georges River Combined Councils Committee

c.   Joint Regional Planning Panel

d.   Liverpool Migrant Resource Centre

e.   Liverpool Traffic Committee

f.    Macarthur Bushfire Management Committee

g.   Macarthur Zone Bushfire Liaison Committee

h.   Macarthur/Liverpool Community Relations Commission Regional Advisory Council

i.    NSW Metropolitan Public Libraries Association

j.    The South West Sydney Academy of Sport

k.   Westpool

l.    Western Sydney Regional Organisation of Councils.

 

 

 

REPORT

 

Appointment of Councillors to Council Committees

 

Council is required to nominate its Councillor representatives for the committees it establishes. Those nominated to be representatives for the committees must be endorsed by a resolution of Council. Clause 73 of Council’s Code of Meeting Practice states that Council shall, by resolution, elect persons to all committees annually in September.

 

The purpose of nomination and appointment of Council representatives to these committees is twofold. The first is to enable Councillors to have input into the recommendations that committees make regarding the provision of services, and the second is that Council must endorse nominees for insurance purposes.

 

The following information provides an outline of committees established by Council.

 

It should also be noted that at the 24 September 2014 Council meeting, Council resolved that “for internal Council Committees, all Councillors are entitled to attend, speak and participate in Committee deliberations”.

 

Aboriginal Consultative Committee

Purpose

The Aboriginal Consultative Committee has been established primarily to provide an open line of communication between Council and the Aboriginal community

Meeting Information

Monthly

Representatives

Two Councillors

 

 

Audit and Risk Committee

Purpose

This committee has primary responsibility for financial and other reporting for internal controls, for compliance with laws, for ethical behaviour and for management which rests with the Executive Management of the Council.

Meeting Information

Quarterly

Representatives

Deputy Mayor and one Councillor

 

 

Badgerys Creek Airport Taskforce

Purpose

Badgerys Creek Airport Taskforce has been established to identify and advocate for the infrastructure, land-use planning, business attraction and investment needed to gain the best outcomes for the Liverpool community.  The taskforce will lead and advocate Council’s position with Federal and NSW government and key private sector and community stakeholders.

Meeting Information

Meets as required                  

Representatives

Mayor or delegate, the Deputy Mayor, and five Councillors (with a sixth alternate)

 

 

Budget and Finance Committee

Purpose

This Committee has been established primarily for coordinating strategic financial planning of Council and the development of the long term financial plan and operational budgets to support the delivery of infrastructure and services to the community.

Meeting Information

Monthly

Representatives

Mayor, and

seven Councillors

 

 

 

Building our New City

Purpose

This Committee has been established to support the delivery of the City Centre Strategy

Meeting Information

Monthly

Representatives

Mayor or delegate, Deputy Mayor or delegate, and up to six Councillors

 

Casula Powerhouse Arts Centre Board

Purpose

This Board has been established primarily to assist in the production and promotion of cultural programs including literature, music, performing arts, visual arts, craft, design, film, video, community arts, Aboriginal arts and collections of moveable cultural heritage programs.

 

Meeting Information

Bi-monthly

Representatives

Two Councillors

 

Civic Advisory Committee

Purpose

This Committee has been established:

a) To highlight the wonderful work that is being done by members of the Liverpool Local Government area;

b) To promote mechanisms that serve to acknowledge the contributions of members of the Liverpool Local Government Area to the City of Liverpool and to humanity as a whole.

Meeting Information

Every 3 months or as required

Representatives

Mayor and all Councillors

 

Committee for Liverpool

Purpose

The Committee has been established to:

a) Create honorary ambassadors for the City of Liverpool, who through their reputation, networks and enterprise can assist Liverpool in realising its potential

b) Establish a forum for dialogue between stakeholders that will inform Liverpool Council strategies to drive economic development and social development opportunities in Liverpool

 

The Committee is a high level advisory body only to Council and, as such, has no decision making authority.

Meeting Information

Quarterly

Representatives

Mayor of Liverpool as Chairperson, and

President of WSROC (Clr Hadchiti)

 

Economic Development and Events Committee

Purpose

The Economic Development Committee has been established primarily to provide relevant advice and recommendations to Council staff which relate to the local economic development of the Liverpool local government area, specifically in regards to the Liverpool City Centre, including commercial investment, safety, transport, recreation, tourism and events.

Meeting Information

Monthly

Representatives

Mayor, Deputy Mayor, and

six Councillors

 

Environment Advisory Committee

Purpose

This committee has been established primarily to consider and provide input to Council’s environment programs by making recommendation to Council.

Meeting Information

Quarterly

Representatives

Two Councillors

 

Heritage Advisory Committee 

Purpose

This committee has been established primarily to support the conservation and promotion of heritage within the Liverpool Local Government Area by providing relevant community based advice and assistance.

Meeting Information

Bi-monthly

Representatives

Two Councillors

 

Liverpool Access Committee

Purpose

This committee has been established primarily to provide advice to Council which will effectively improve and alleviate access difficulties experienced by people with disabilities in Liverpool.

Meeting Information

Monthly

Representatives

Mayor or delegate

 

Liverpool Sports Committee

Purpose

The committee has been established to:

a)   Provide a forum for representing the views of sporting organisation members, clubs and associations to Council relating to sporting matters.

b)   Assist with the promotion, coordination and growth of sporting codes within the Liverpool LGA.

Meeting Information

Bi-monthly with the exception of January

Representatives

Mayor or delegate

 

Master Planning Steering Committee

Purpose

The purpose of the committee is to review Master Plan sites across the LGA.  It was agreed that the objectives of the Committee would be:

a)   Identify sites that Council own

b)   Identify best outcome for residents

c)   Prioritise sites for future development

d)   Identify State Government sites across LGA

Meeting Information

Monthly

Representatives

Mayor and Five Councillors

 

 

Multicultural Advisory Committee

Purpose

The Multicultural Advisory Committee has been established primarily to provide an open line of communication between Council and culturally and linguistically diverse communities.  The Multicultural Advisory committee will have up to five sub-groups with a view to undertake an annual formal consultation with each sub-group.

Meeting Information

The committee will meet quarterly at a minimum.  Sub-groups (up to five) will meet annually.

Representatives

Three Councillors

 

 

No Intermodal Committee

Purpose

The No Intermodal Committee has been established primarily to assist residents in their fight against the Intermodal and to oppose the proposed Intermodals and advocate for their placement in more appropriate locations for the benefit of all Sydney, rather than areas that are close to residential homes and already significantly affected by traffic congestion.

Meeting Information

Monthly

Representatives

Mayor or delegate, and

Two Councillors

 

 

Planning and Development Committee

Purpose

The Committee has been established :

a) To guide the strategic direction of the city;

b) To make recommendations to Council regarding the determination of development applications.

Meeting Information

Monthly

Representatives

Mayor and all Councillors

 

Street Naming Committee

Purpose

The Street Naming Committee has been established primarily to provide suitable names for Council assets, including streets, parks facilities and other geographical features within the Liverpool Local Government Area.

Meeting Information

Bi-monthly

Representatives

Mayor or delegate

 

Warwick Farm Racing Precinct Steering Committee

Purpose

The Warwick Farm Racing Precinct Steering Committee has been established to:

a)   Look at all aspects of the impact of imposing trading hour restrictions on the racing community and industrial area.

b)   Determine appropriate and economical means of minimising impacts on the majority of stakeholders.

c)   Formulate a means of reducing land use conflicts within a particular achievable timeframe including consideration of the possible construction of suitable access road to the industrial area.

Meeting Information

Bi monthly

Representatives

Deputy Mayor, and

One Councillor

 

 

Youth Council

Purpose

The Liverpool Youth Council has been 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.

Meeting Information

Monthly

Representatives

Mayor or delegate, and

Two Councillors

 

 

Appointment of Councillors to Community Committees and Affiliated Bodies

 

In accordance with Clause 73 of Council’s Code of Meeting Practice, Council nominates its Councillor representatives for various community committees and affiliated bodies in September each year. Those nominated to be representatives must be endorsed by a resolution of Council.

 

The following information provides an outline of bodies currently affiliated with Council.

 

 

Floodplain Management Association

Purpose

The Floodplain Management Association supports actions which aim to reduce the impact of flooding and flood liability o individual owners and occupiers, and reduce private and public losses from flooding by representing the interests of members, promoting public awareness of flood issues, supporting flood education programs and improving knowledge and skills of floodplain management practitioners.

Meeting Information

Quarterly

Representatives

One Councillor

 

Georges River Combined Councils Committee  (GRCCC)

Purpose

The primary role of the Georges River Combined Councils Committee (GRCCC) is to develop programs and partnerships, and to lobby government organisations and other stakeholders in order to protect, conserve and enhance the Georges River.

Meeting Information

Bi-monthly

Representatives

Two Councillors

 

Joint Regional Planning Panel (JRPP)

Purpose

The primary function of the JRPP is to determine regionally significant development applications. 

Meeting Information

An average of two monthly meetings.

Representatives

Two council appointed members, one of whom is required to have expertise in one or more of the following areas: planning, architecture, heritage, environment, urban design, land economics, traffic and transport, law, engineering or tourism.  Expertise may be demonstrated by formal qualifications or relevant skills, knowledge and practical experience.

 

Liverpool Migrant Resource Centre (MRC)

Purpose

The Liverpool MRC provides a range of services and support for people from culturally and linguistically diverse backgrounds, and undertakes community development and advocacy.

Meeting Information

Bi-monthly

Representatives

Two Councillors

 

Liverpool Traffic Committee

Purpose

To provide advice on regulatory traffic facilities, line marking or signage to Council

Meeting Information

Bi-monthly

Representatives

Mayor or delegate

 

 

Macarthur Bushfire Management Committee

Purpose

The Bushfire Management Committee is responsible for planning for and advising in relation to bush fire prevention and coordinating fire fighting.

Meeting Information

Quarterly

Representatives

One Councillor

 

 

Macarthur Zone Bushfire Liaison Committee

Purpose

The role of the Macarthur Zone Bushfire Liaison Committee is to discuss and manage service level agreements for Rural Fire Services for the purpose of protecting rural land across the Local Government Area.

Meeting Information

Quarterly

Representatives

One Councillor

 

 

Macarthur/Liverpool Community Relations Commission Regional Advisory Council

Purpose

The Regional Advisory Council is set up to assist the Community Relations Commission to promote community harmony, participation and access to services in order that the contribution of cultural diversity in NSW is celebrated and recognised as an important social and economic resource.

Meeting Information

Quarterly

Representatives

One Councillor

 

 

NSW Metropolitan Public Libraries Association (NSW MPLA)

Purpose

The NSW MPLA is the peak body that represents the interests and development of public libraries in metropolitan areas and is aimed at “positioning, sustaining and developing public libraries in the greater Sydney region for the social, cultural and economic benefit of their communities”. 

Meeting Information

Quarterly at various locations

Representatives

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

 

 

The South West Sydney Academy of Sport (SWSAS)

Purpose

The SWSAS provides talented athlete identification and development programs which assist athletes to successfully realise their sporting potential.

Meeting Information

Bi-monthly

Representatives

One Councillor

 

Westpool

Purpose

Westpool is a Co-operative Local Government Self Insurance Scheme established to help stabilise insurance premium costs and achieve significant cost savings and long term benefits for member Councils through effective risk management.

Meeting Information

Bi-monthly

Representatives

Mayor or delegate

 

 

Western Sydney Regional Organisation of Councils (WSROC)

Purpose

WSROC is run by a board that represents members councils in Sydney, and supports business improvement, research and partnerships

Meeting Information

Bi-Monthly

Representatives

Two Councillors

 

 

CONSIDERATIONS

 

Economic and Financial

Provision has been made in the 2015/2016 budget for costs associated with the committees.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Encourage the community to engage in Council initiatives and actions.

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

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

 

 

ATTACHMENTS

 

Nil


205

Ordinary Meeting 30 September 2015

Chief Financial Officer

 

CFO 05

Councillor Transparency

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

Workforce Management Plan

File Ref

241266.2015

Report By

George Georgakis - Manager Council and Executive Services, and

Vishwa Nadan - Manager Financial Management

Approved By

Gary Grantham - Acting Chief Executive Officer

 

 

Executive Summary

 

To provide a report back to Council on the Councillor Transparency matters raised in the 26 August 2015 Council resolution.

 

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note the information.

 

2.    Advertise the attendance at Councillor Briefing Sessions, Council meetings and Committee meetings once a month in the local Liverpool newspapers and maintain the register on Council’s website as outlined in this report.

 

 

REPORT

 

Council at its meeting on 25 August 2015 resolved:

 

That Council:

 

1.    Make publicly available the attendance of the Mayor and all Councillors at Councillor Briefing sessions, Council Committees and Council Meetings backdated to September 2012 Local Government Elections.

 

2.    Investigate whether Councillors should be paid docked pay for not attending meetings.

 

3.    Investigate making this attendance information available once a month in the local Liverpool newspapers and on its website, and ensures these records are maintained beyond tonight.

 

4.    Provides a report to Councillors detailing the roles responsibilities and contact details of the staff in roles in Council and Executive Services team, including the Mayoral office.

 

5.    Defines who Mayor or Councillors should approach for assistance with secretarial or research support and the extent of the support available.

 

6.    Puts into place now a process which sees all invitations and correspondence is provided to Councillors as soon as it is received.

 

7.    Ensures that all invitations addressed to the Mayor and Councillors is sent to all Councillors as soon as it is received by the Mayoral office.

 

8.    Provides a report detailing budget versus actual allocations to the following areas. The report should indicate why the allocations were made i.e. staff salaries, entertainment and good, gifts, stationary etc:

 

 

9.    Provides the costs incurred in the renovation of the Mayor’s office and provision of Councillors facilities. Was this budgeted for and if not, where was the money originally allocated and have those items now been completed.

 

10.  Adopts the CFO’s simpler process for Councillors to claim telephone expenses –Amending clause 4.7.1a of the Civic Expenses and Facilities Policy by substituting “six months” for “three months.”

 

11.  Deal with items NOM 10 and CFO 04 from this Agenda in conjunction with this Mayoral Minute.

 

 

Below are the responses to the points in the above resolution:

 

1.   Make publicly available the attendance of the Mayor and all Councillors at Councillor Briefing sessions, Council Committees and Council Meetings backdated to September 2012 Local Government Elections.

 

See Attachment 1 for Councillor Briefings and Council meetings since the 2012 Local Government Elections.

See Attachment 2 for Council Committee meetings since the 2012 Local Government Elections.

 

Note, there is a gap in the Attachment 1 for Councillor Briefing Sessions from late 2013 until August 2014. During that period, we did not record who attended Councillor Briefing Sessions. We recommenced recording this information from August 2014 during discussions on the type of information to be recorded for inclusion in Council’s Annual Report.

 

It should be noted that delegates to the various Committees are appointed annually.  In addition, during the course of the year, delegates can sometimes change or be added. In addition, although a Councillor/s is not a Committee representative, they sometimes attend that Committee meeting.

 

2.   Investigate whether Councillors should be paid docked pay for not attending meetings.

 

In accordance with section 248 of the Local Government Act 1993, Council must pay an annual fee to each Councillor, as determined by the Remuneration Tribunal.  The only provision for the non-payment of Councillor fees is contained in section 249 of the Act which provides that annual fees are not to be paid to a Councillor during a period of suspension (imposed by the Chief Executive of the Office of Local Government).    

 

An example of a suspension imposed by the Chief Executive of the Office of Local Government would be in the case where a Councillor missed three consecutive ordinary meetings without leave of absence being granted by Council.

 

The civic remuneration has been set by resolution and to amend that for any councillor would require a resolution, possibly a rescission motion if done within 3 months of the annual May/June review.  There is no facility to punish a lack of attendance at committees or briefings in the Act or Regulations – only the requirement to seek leave if not attending Ordinary Meetings of Council (this doesn’t apply to Extraordinary meetings).  Remuneration is a base figure intended to compensate councillors for attending to ordinary business of Council only.  This is further reinforced by the notion that a Councillor, not part of extra committees, still gets paid the same as a Councillor who attends many committees.

 

3.   Investigate making this attendance information available once a month in the local Liverpool newspapers and on its website, and ensures these records are maintained beyond tonight.

 

The information can be made available in the local Liverpool newspapers and on the website. A summary of the information dating back to 2012 can be provided in the local newspapers as an initial communication providing the web link to view the full details (as attached to this report) which can be posted on Council’s website. Moving forward, attendance at monthly meetings will then be published on a monthly basis in the local papers with details also posted on Council’s website.

 

4.   Provides a report to Councillors detailing the roles, responsibilities and contact details of the staff in roles in Council and Executive Services team, including the Mayoral office.

 

Initially there were five members in the Council and Executive Services team, however, two team members (ie the Civic/Citizenship Officer as well and the Civic Support Officer) have been moved to the Community and Culture Directorate from 1 July 2015 as per (Item CONF 12) the Council resolution from 17 June 2015 . That Directorate now encompasses all Civic and Council events.

 

The remaining three in the team, their contact details and the team’s main responsibilities are:

 

-      Manager Council and Executive Services
George Georgakis, phone: 9821 9515, email:
g.georgakis@liverpool.nsw.gov.au

 

-      Council and Executive Services Coordinator
Maree Stewart, phone: 9821 9237, email:
Ma.Stewart@liverpool.nsw.gov.au

 

-      Councillor Support Officer
Aarti Suryaprakash, phone: 9821 9151, email:
A.Suryaprakash@liverpool.nsw.gov.au

 

Team responsibilities:

 

·    Production of Council meeting agendas, including publishing papers in the Diligent system and Council’s website and Council meeting minutes;

·    Assigning, tracking and reporting on Council resolutions;

·    Managing, attending to and reporting on Councillor requests;

·    Managing the Councillors intranet site and Councillors’ diaries

·    Managing Councillor Briefing Sessions and actions arising.

 

There are two members of staff in the Mayor’s office, their contact details and their main responsibilities are:

 

-      Senior Policy Advisor
Jennifer Havilah, phone 9821 9297, email:
j.havilah@liverpool.nsw.gov.au

 

The Senior Policy Advisor role is to provide high level support, analysis and strategic advice on a broad range of matters to the Offices of the Mayor and the CEO.

 

-      Executive Assistant
Lauren Myers, phone 9821 9850, email:  
l.myers@liverpool.nsw.gov.au

 

The Executive Assistant role is to provide professional executive assistance to the Mayor by ensuring high quality, accurate and timely delivery of all facets of work within the Office of the Mayor so that their time is used efficiently and effectively.

 

The above information does not include the two Research Officers who are part of the CEO’s office.

 

5.   That Council defines who the Mayor or Councillors should approach for assistance with secretarial or research support and the extent of the support available.

 

Council’s Civic Expenses and Facilities Policy outlines the support provided to the Mayor and Councillors.  In relation to the Mayor, Clause 4.4.2 d) provides for a “dedicated personal assistant and a senior advisor”.

 

Clause 4.5 of the Policy outlines the support provided to Councillors and includes “secretarial services subject to specific approval of the CEO”.   Councillors should request assistance by contacting the Councillor Support Officer or the Manager Council and Executive Services (the contact details are provided in point 4 above).  They will then either undertake or arrange for the assistance to be provided or liaise with the staff in the CEO’s office for their assistance, or if need be, seek the approval of the CEO.

 

6.  and 7.

 

Puts into place now a process which sees all invitations and correspondence is provided to Councillors as soon as it is received.

 

and

 

Ensures that all invitations addressed to the Mayor and Councillors is sent to all Councillors as soon as it is received by the Mayoral Office.

 

Invitations to the Mayor and Councillors are currently received through the Mayor’s Office, CEO’s Office and the Councillor Support Officer.

 

Invitations that are received by the Mayor and the CEO’s office for Councillors, are forwarded to the Councillor Support Officer who then distributes invitations to all Councillors and also manages responses as well as coordinating diary appointments on behalf of Councillors for events.

 

This practice has been in place for some time and is considered the most efficient way for Councillors to receive invitations that are received within Council.  Recent discussions with the Mayor’s Office and Councillor Support confirm that all invitations are being processed through the Councillor Support Officer to manage.

 

The only exception to the above are invitations for the Mayor which are managed by the Mayor’s Executive Assistant.  The Mayor’s EA will work with the Mayor to identify his availability for invitations directed to the Mayor.  Where the Mayor is unable to attend an event, the Mayor’s EA will liaise directly with the Deputy Mayor or nominated Councillor to represent the Mayor at that event.

 

8.   Provides a report detailing budget versus actual allocations to the following areas.  The report should indicate why the allocations were made ie staff salaries, entertainment and goods, gifts, stationery etc.

 

Office of the Chief Executive Officer

 

Mayor’s Office

The budget amount of $42,695 for salaries for 2012/13 is made up of the Executive Assistant to the Mayor at 0.6 full time equivalent. The actual amount of $101,838 is made up of 1 full time equivalent Executive Assistant to the Mayor and the Senior Policy Officer for 2.5 months of the financial year.

 

9.   Provides the costs incurred in the renovation of the Mayor’s office and provision of Councillors facilities.  Was this budgeted for and if not, where was the money originally allocated and have those items now been completed.

 

A budget of $208k was provided for Mayor’s Office through the budget review processes over two years. As at 30 June 2015, a total expenditure of $79k was incurred on this project and works are still in progress.

 

10. Adopts the CFO’s simpler process for Councillors to claim telephone expenses – Amending clause 4.7.1a of the Civic Expenses and Facilities Policy by substituting “six months” for “three months”.

 

Clause 4.7.1a has been amended and published and details of the amendment have been entered into the Policy and Procedure Register.

 

11. Deal with items NOM 10 and CFO 04 from this Agenda in conjunction with this Mayoral Minute.

 

NOM 10 and CFO 04 have been addressed above in conjunction with this Mayoral Minute.

 

CONSIDERATIONS

 

Economic and Financial

There may be an additional cost in advertising the attendance of the Mayor and Councillors at Councillor Briefing Sessions, Council Committees and Council meetings. Any costs can be minimised by including a summary in the newspaper advertisement, with full details posted on our website.

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.         Councillor Briefings and Council Meetings register View

2.         Council Committees register


225

CFO 05

Councillor Transparency

Attachment 1

Councillor Briefings and Council Meetings register

 


 


 


 


 


 


 


 


 


 


 


223

CFO 05

Councillor Transparency

Attachment 2

Council Committees register

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


248

Ordinary Meeting 30 September 2015

Community and Culture Report

 

DCC 01

Grants and Donations Policy Post-exhibition Report

 

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

File Ref

225440.2015

Report By

Dany Ya - Policy and Projects Officer

Approved By

Kiersten Fishburn - Director Community & Culture

 

 

Executive Summary

 

At the Council meeting of 29 July 2015, Council resolved to endorse the draft Grants and Donations Policy and place it “on public exhibition, with a further report to be provided to Council following public exhibition”.

                              

The draft policy was reviewed with reference to best practice principles of grant making and grants administration as outlined by the Australian Institute of Grants Management and NSW Government. The Policy describes the key elements and proposed improvements to Council’s grants and donations programs to develop a more effective, coordinated and transparent suite of grants and donations programs that deliver positive outcomes for individuals and communities of Liverpool.

 

Public exhibition was undertaken between 30 July and 26 August 2015, with two submissions received by Council. Council staff have evaluated the feedback received during public exhibition, and have made some minor changes to the draft Policy as a result.  The draft policy is presented to Council with this report for adoption.

 

The report also recommends the employment of one additional full-time equivalent position to assist with administration of all programs including the two additional grants programs proposed by Council resolution.

 

Lastly, the report also proposes a subscription to SmartyGrants, an online grants management system, in order to transition to a more streamlined application and grants management process across all council grants and donations programs. This provides a system for Council with in-built grant making transparency and accountability and represents value for money. It is proposed that Council subscribe to SmartyGrants for a 12 month trial and then consider continuing the subscription on an annual basis following the outcome of the trial period and report to Council.

 

 

RECOMMENDATION

 

That Council:

 

1.   Adopt the draft Grants and Donations Policy.

 

2.   Approves $200,000 in the 2015/2016 budget as per resolution at 25 February 2015 Council meeting to be allocated towards a Community Matching Grants program with funds to be included in the budget variance report to come to the October Council meeting.

 

3.   Approves $75,000 in the 2015/2016 budget as per resolution at 29 April 2015 Council meeting to be allocated towards a proposed Sustainable Environment Grants program with funds to be allocated from the Environment, Stormwater and Waste Levy programs.

 

4.   Approves $87,000 to employ one full-time equivalent position to assist with administration of all programs including the two additional grants programs proposed by Council resolution. Funds to be included in the budget variance report to come to the October Council meeting.

 

5.   Allocate $20,000 towards a one year subscription to SmartyGrants and an additional $2,500 to be used for promotion of the grants and donations programs including information sessions and workshops with potential applicants. Funds to be included in the budget variance report to come to the October Council meeting.

 

REPORT

 

At the Council meeting of 29 July 2015, Council resolved to endorse the draft Grants and Donations Policy and place it “on public exhibition, with a further report to be provided to Council following public exhibition”.

                              

The draft policy was reviewed with reference to best practice principles of grant making and grants administration as outlined by the Australian Institute of Grants Management and NSW Government. The Policy describes the key elements and proposed improvements to Council’s grants and donations programs to develop a more effective, coordinated and transparent suite of grants and donations programs that deliver positive outcomes for individuals and communities of Liverpool.

 

Public exhibition was undertaken between 30 July and 26 August 2015, with two submissions received by Council. Council staff have evaluated the feedback received during public exhibition, with some minor changes made to the draft Policy as a result. 

 

The key changes submitted for consideration were to the Sustainable Environment Grants program as follows:

 

·    Reduce the frequency of funding rounds to one round per year to allow staff sufficient time to process applications;

·    Increase the funding amounts to up to $5,000 per application;

·    Separate funding priorities across three categories to distinguish between funding streams;

·    Minor capital works are eligible for the purposes of constructing native gardens, earthworks and bush regeneration works; and

·    Not-for profit pre-schools and child care centres will be eligible to apply for this grant.

 

A summary of the grants and donations programs and frequency of rounds is presented in the table below.

 

Program

Funding available

Frequency

Community Grants

 

Up to $5,000

Two rounds per year

Quick Response Grants

Up to $1,000

Open

 

Sporting Grants

Up to $5,000 per Junior Sporting Club (clubs catering for members under 16 years old)

Up to $5,000 for Junior Disability Sports

 

One round per year

 

Sporting Donations

Competitor only

$100 for regional representation

$200 for state representation

$300 for Australian national representation at an event within New South Wales, Australian Capital Territory, Queensland and Victoria

$400 for Australian national representation at an event within Tasmania, South Australia, Northern Territory and Western Australia

$500 for Australian national representation at an overseas event

$500 for team representation

 

$100 for Coach/Referee/Umpire/Official representation at a regional, state or national event more than 100km from Liverpool

Open

Community Matching Grants

Matched funding up to $15,000

One round per year

Sustainable Environment Grants

Up to $5,000

One round per year

Community Facilities Fee Reduction

Reduced rate of hire for Council community facilities in accordance with Council’s Statement of Revenue Policy

Open

Disaster Relief Donations

Up to $5,000 for national and international events including disasters and wars

By Council resolution

Corporate Sponsorship (Outgoing)

Refer to Council’s Corporate Sponsorship (Outgoing) Policy

Corporate Sponsorship (Incoming)

Refer to Council’s Corporate Sponsorship (Incoming) Policy

 

The draft policy is presented to Council with this report for adoption.

 

Management of grants programs

The recent council resolutions to establish two additional grants programs has identified the need for additional resources to manage the grants programs and significantly increased workload.

 

It is recommended that should this Policy be adopted that Council employ one full-time equivalent position to assist with administration of all programs including the two additional grants programs proposed by Council resolution.

 

It is also recommended that Council introduce an online grants management system to streamline the application and assessment process across all Council grants programs. This represents good value for money for Council as it will reduce overall transaction costs for both Council and applicants. Council has explored the range of suppliers for this type of product and recommends subscribing to SmartyGrants, which has been developed by the Australian Institute of Grants Management. SmartyGrants is a system well used by other councils across Australia and state and federal government departments. The annual cost is $20,000. It is proposed that Council subscribe to SmartyGrants for a 12 month trial and then consider continuing the subscription on an annual basis following the outcome of the trial period and report to Council.

 

The benefits of the SmartyGrants system are:

 

a)   Consistent and effective management of all grants programs

b)   Time and cost savings for applicants and staff

c)   Provides in-built transparency and accountability

d)   Strengthened reporting capabilities

e)   Centralised grants records management system

f)    Currently used for Liverpool ClubGRANTS Scheme

 

As per submissions received during public exhibition, additional funds are requested that will be used towards promotion of the grants and donations programs including information sessions and workshops with potential applicants. This will improve awareness in the community and in schools of the grants and donations programs and to assist potential applicants with the application process and transitioning to the online grants management system.

 

It is proposed that Council subscribe to SmartyGrants for a 12 month trial and then consider continuing the subscription on an annual basis following the outcome of the trial period and report to Council.

 

 

 

 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

An adequate level of resources is required to manage and administer the respective grants programs. The recent council resolutions to establish two additional grants programs has identified the need for additional resources to administer the grants programs and significantly increased workload as this will not be possible within existing resources.

 

A total of $200,000 is required in the 2015/2016 budget as per resolution at 25 February 2015 Council meeting to be allocated towards a proposed Community Matching Grants program. It is proposed that funds be included in the budget variance report to come to the October Council meeting.

 

A total of $75,000 is required in the 2015/2016 budget as per resolution at 29 April 2015 Council meeting to be allocated towards a proposed Sustainable Environment Grants program with funds to be allocated from the Environment, Stormwater and Waste Levy programs.

 

It is recommended that Council employ one full-time equivalent position to assist with the administration of all programs including the two additional grants programs proposed by Council resolution. This will be a Grade 11 position. A total of $87,000 is required to fund this position. It is proposed that funds be included in the budget variance report to come to the October Council meeting.

 

$22,500 is required to cover the SmartyGrants subscription and associated promotional costs. A one year subscription to SmartyGrants will cost $20,000 per year and the additional $2,500 will be used for promotion of the grants and donations programs including information sessions and workshops with potential applicants. It is proposed that funds be included in the budget variance report to come to the October Council meeting.

Environmental and Sustainability

The proposed Sustainable Environment Grants program will fund projects that raise community awareness and support action in relation to environmental and sustainability issues.


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

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.

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

 

 

ATTACHMENTS

 

1.         Draft Grants and Donations PolicyView (Under separate cover)  


254

Ordinary Meeting 30 September 2015

Community and Culture Report

 

DCC 02

Draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017

 

Strategic Direction

Healthy Inclusive  City

Plan, support and deliver high quality and accessible services, program and facilities

Key Policy

Homelessness Policy

File Ref

234004.2015

Report By

Rebekah  Elliott - A/ Coordinator Community Development

Paola Jamett-Caru - Community Development Worker (Community Safety)

Approved By

Eddie Jackson - Manager Community Development and Planning

 

 

Executive Summary

 

The draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 outlines Council’s ongoing commitment to addressing homelessness in Liverpool. The policy outlines the key principles Council will apply to mitigate the impact of homelessness and identifies the role of local government in addressing homelessness. The Strategy sets out a two year plan of action that Council, stakeholders and communities will deliver together to achieve accessible and equitable programs for people experiencing homelessness.

 

The draft Policy, Strategy and Action Plan were developed following months of extensive research and consultations involving semi structured interviews and surveys with homelessness services, the local community, people experiencing homelessness and Council staff.

 

The draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 are attached to this report. Subject to public submissions and Council’s endorsement, the strategies will be delivered across Liverpool over the next two years.

 

RECOMMENDATION

 

That Council:

 

1.   Places the draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 on public exhibition for a period of 28 days inviting public submissions.

 

2.   Receives a further report on the Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 following public exhibition.

 

 

 

 

REPORT

 

The draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 are underpinned by the broad principles of Social Justice and the Universal Declaration of Human Rights. The Policy outlines legislative requirements by Federal, State and Local Government. While it is acknowledged that Federal and State governments hold the statutory authority and funding allocation to provide services to people who are at risk of or experiencing homelessness, Liverpool City Council recognises that it has an important role in local leadership and can assist and complement the work of other tiers of government as facilitators of solutions to homelessness.

The draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 are guided by best practice principles and closely align with the University of Adelaide’s Tool Kit for Local Government in addressing homelessness. 

 

The draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 are recommended for public exhibition. Exhibition will take place using various methods including placement of copies of the Policy and Strategy in our libraries and customer service centre, advertising in our local papers, providing information regarding the exhibition through our community networks and on Council’s website. Separate to the public exhibition, local service providers with vested interest in homelessness have been invited to provide written comment on the draft documentation.  

 

At the end of the exhibition period, a further report will be brought to Council outlining the content of any submissions received and their effect on the draft Homelessness Policy and Strategy and Action Plan 2015-2017. At that time, a final Policy, Strategy and Action Plan will be submitted to Council for adoption.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Budget required to deliver on action plan

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

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.         Draft Homelessness PolicyView

2.         Draft Homelessness Strategy and Action Plan 2015-2017View (Under separate cover)  


257

DCC 02

Draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017

Attachment 1

Draft Homelessness Policy

 


 


 


 


 


 


 


 


 


266

Ordinary Meeting 30 September 2015

Community and Culture Report

 

DCC 03

Grants and Donations

 

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

File Ref

234026.2015

Report By

Rebekah  Elliott - A/ Coordinator Community Development

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, School and Youth Donations), Sporting Donations and Corporate Sponsorship.

 

The Financial Contributions Panel (FCP) recently considered a number of applications from local community organisations for the Community Grants, School Donations and Youth Donations.

 

This report presents the funding recommendations made by the FCP for Council's consideration.

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the Financial Contribution Panel's recommendations for the provision of $1,000 (GST exclusive) under the Community Donations Program as summarised in the table below:

         

          Community Grants Program

Applicant Name

Project Name

Amount

St Vincent de Paul Society-Liverpool Men’s Refuge

Emergency Access to Showers (EATS)

$1,000

 

2.   Endorses the Financial Contribution Panel's recommendations for the provision of $500 (GST exclusive) under the Youth Donations Program as summarised in the table below:

 

 

 

 

          Youth Donations Program

Applicant Name

Project Name

Amount

Stephan Marie-Louise

2015 East Timor Immersion Program

$500

 

3.   Endorses the Financial Contribution Panel's recommendations for the provision of $400 (GST exclusive) under the School Donations Program as summarised in the table below:

         

          School Donations Program

Applicant Name

Suburb

Amount

Ashcroft High School

Ashcroft

$100

William Carey Christian School

Preston

$100

All Saints Catholic Senior College

Casula  

$100

Holsworthy High School

Holsworthy

$100

         

 

REPORT

 

The Donations program has three categories:

 

·    Community Donations (including Community Grants, Small Grants, School and Youth Donations);

·    Sporting Donations; and

·    Corporate Sponsorship.

 

Applications for Community Grants, Youth Donations and School Donations 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. There are no Corporate Sponsorship or Sporting Donations for September 2015.

 

Community Grants

Council's Community Grants Program is available to community groups who provide programs or services to the residents of Liverpool. One application for community grants was received by Council. The application met the program criteria and is 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

St Vincent de Paul Society-Liverpool Men’s Refuge

Emergency Access to Showers (EATS)

To open up the Liverpool Men’s Refuge’s facilities for rough sleepers and/or those persons who, for a variety of reasons do not have access to shower facilities.

 

Community Benefits:

·    Enhanced wellbeing and baseline health for the homeless and rough sleepers

·    Enhanced access to a holistic range of related services for clients through connections and referrals

Promote awareness of homelessness issues and needs in the community among service providers.

$1,000

$1,000

 

Youth Donations

Council's Youth Donations Program is available to young people 12 – 24 years who reside in the Liverpool LGA for the purposes of developing leadership skills and encouraging active community participation. One application for youth donations was received by Council. The application met the program criteria and is 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

Stephan Marie-Louise

Applicant is one of 4 students nominated by his school to participate in the 2015 East Timor Immersion Program. Through this program students are trained and equipped to become ambassador for the School and Australia.

$500

$500

 

School Donations

Council's School Donations Program provides donations to each high school in the Liverpool Local Government Area to be given as a prize to a student who has excelled in citizenship, academic studies, artistic or sporting proficiency. Four applications for school donations were received by Council. The 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.

 

Name of School

Suburb

Amount Requested

FCP Recommendation

Ashcroft High School

Ashcroft

$100

$100

William Carey Christian School

Preston

$100

$100

All Saints Catholic Senior College

Casula  

$100

$100

Holsworthy High School

Holsworthy

$100

$100

 

 

CONSIDERATIONS

 

Economic and Financial

A budget allocation of $100,000 for the Community Donations Program was adopted by Council in its 2015/2016 Operational Plan as part of the Community Donations Program. If the recommended amount of $1,900 is endorsed the remaining balance will be $83,100.

 

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 Grants Program.

2.         Criteria for Youth Donations Program

3.         Criteria for School Donations Program


273

DCC 03

Grants and Donations

Attachment 1

Criteria for Community Grants Program

 


271

DCC 03

Grants and Donations

Attachment 2

Criteria for Youth Donations Program

 


275

DCC 03

Grants and Donations

Attachment 3

Criteria for School Donations Program

 


273

Ordinary Meeting 30 September 2015

Community and Culture Report

 

DCC 04

Fijian Prime Minister visit to Liverpool

 

Strategic Direction

Proud Engaged City

Deliver a range of stimulating and vibrant cultural events, programs and festivals

Key Policy

Events Strategy

File Ref

235920.2015

Report By

Kiersten Fishburn - Director Community & Culture

Approved By

Kiersten Fishburn - Director Community & Culture

 

 

Executive Summary

 

At the Council meeting of 26 August 2015, Council approved the allocation of $10,000 to the Fiji First Australia Association to support the Fiji Independence Day Celebration on 17 October 2015 to be held on the Bulldogs Land, in Liverpool. This allocation was made under the Corporate Sponsorship program. The organisers of the Fiji Independence Day Celebration have invited the Fijian Prime Minister, The Honourable Rear Admiral (Rtd) Josaia Voreqe Bainimarama, to attend the event. He will be attending in a non-official capacity.

 

This will be the Fijian Prime Minister, The Honourable Rear Admiral (Rtd) Josaia Voreqe Bainimarama’s, first trip to Liverpool and it is proposed that a further $5,000 be allocated from the Councillor Reserve to fund a dinner to be hosted by the Mayor and Councillors in honour of this important occasion.

 

RECOMMENDATION

 

That Council Allocate from the Councillor Reserve $5,000 to fund a dinner in honour of the Fijian Prime Minister’s visit to Liverpool.

 

 

REPORT

 

The Fijian President, during his visit to Liverpool to celebrate Fijian Independence Day, has been invited by Council to experience the Fijian-Indian culture found in Liverpool by going on a tour of the City Centre and attending a cultural dinner at one of Liverpool’s local restaurants on 16 October 2015.

 

Considering the wealth of Liverpool’s cultural diversity it is important for Council to take opportunities to strengthen international bonds. The dinner will be an opportunity to provide a warm welcome to one of the leaders of our closest neighbours and an opportunity for the Fijian people to learn about Australian/Fijian/Indian culture.

 

Council has committed to sponsoring the Fijian Independence Day Event on 17 October 2015, which will include:

 

·    Entertainment, market stalls and rides

·    An opportunity for Council to speak at the event

·    Logo inclusion on all promotional materials

·    Media opportunities and media releases

 

With these opportunities for the positive promotion of Liverpool in mind, it is considered beneficial for Council to establish an interpersonal relationship with the Fijian delegation prior to the Independence Day event. While this is not an official visit, it will be the Fijian Prime Minister, The Honourable Rear Admiral (Rtd) Josaia Voreqe Bainimarama’s, first trip to Liverpool. The dinner will be hosted by the Mayor and Councillors and will celebrate the links between our countries and communities.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

Promote community harmony and address discrimination.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil  


275

Ordinary Meeting 30 September 2015

Economic development Report

 

DEE 01

City Exchange Report 2015

 

Strategic Direction

Vibrant Prosperous City

Activate the city centre and develop vibrant places that attract people to Liverpool

Key Policy

Economic Development Strategy

File Ref

232094.2015

Report By

Michael Cullen - Director Economic Development

Approved By

Michael Cullen - Director Economic Development

 

 

Executive Summary

 

Council at its meeting on 17 June 2015 approved the attendance of Councillor Harle to join the Mayor, Deputy Mayor and Chief Executive Officer on the Future Cities Collaborative overseas mission to the USA, 20 June 2015 – 6 July 2015.

 

The City Exchange Report 2015 has been prepared by the Future Cities Collaborative (United States Studies Centre) and Aecom.  The report outlines key observations and recommendations with respect to local funding and financing mechanisms arising from the tour and is attached for the information of Councillors.

 

RECOMMENDATION

 

That Council notes the report’s key findings and observations with respect to local funding and financing mechanisms, as an outcome of the Future Cities Collaborative overseas mission to the United States.

 

 

REPORT

 

Council at its meeting on 16 December 2014 considered a report on the participation by Liverpool City Council in the Future Cities Collaborative overseas mission to the United States to examine Local Infrastructure Finance Mechanisms and resolved (in part):

 

“That Council:

 

1.   Notes that Liverpool Council has been invited as a targeted participant for the Future Cities Collaborative mission to the United States given that the initiative will provide insights into projects aligned with Liverpool’s current growth prospects.

 

2.   Notes the benefits from Council participation in the US Study Tour of July 2013 that included guiding Council’s Building Our New City project, providing access to independent urban design expertise and building collaborative relationships with other Councils.

 

3.   Approves the participation of the Mayor and the CEO or his delegate and Councillors Balloot, Hadchiti, Karnib, and the Deputy Mayor Councillor Ristevski in the Future Cities Collaborative overseas mission to the United States in June 2015”.

 

Participation was amended at the June 2015 Council meeting, with Councillors Karnib, Ristevski and Hadchiti not participating and Councillor Harle added to the attendance.

 

Blacktown, City of Canada Bay, Newcastle and Penrith Councils along with Liverpool City Council participated in the 2015 US-Australia City Exchange on Local Finance Mechanisms.  Industry representatives from the Western Sydney Business Chamber and Urban Growth NSW also participated.

 

The seven day 2015 City Exchange mission explained funding and finance mechanisms used to support public transport and economic development initiatives in Los Angeles, Phoenix, Dallas and Chicago.  The mission also examined private sector participation in urban revitalisation projects and programs, such as business improvement districts, sports stadia and convention facilities and housing affordability projects.

 

Key observations from the 2015 City Exchange were the importance of:

 

1.   Positive and strong community support through consultation programs

 

2.   Appropriate institutional and governance standards to fund and deliver infrastructure

 

3.   A whole of government perspective on urban renewal

 

4.   Long term institutional and funding support

 

5.   Empowering local communities to self-fund and self-organise commercial revitalisation strategies

 

6.   Local economic development tools to meet the needs of the community

 

The report also makes recommendations to the NSW Government to design and implement similar tools as those used in the United States to fund local infrastructure in New South Wales, adapted of course to local circumstances.

 

A copy of the full report is appended for Council’s information.

 

CONSIDERATIONS

 

Economic and Financial

Participation in the Future Cities Collaborative mission has provided insights to Council on successful practice in the Unites States in raising funds for local infrastructure.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

The report on the Cities Exchange 2015 has provided advice on successful practice in the United States to fund community facilities.


Civic Leadership and Governance

Participation in the Future Cities Collaborative mission has provided insights to Council participants on governance mechanisms appropriate to local infrastructure financing options.

 

 

ATTACHMENTS

 

1.         REPORT Funding Australias Future City Exchange Report 2015View (Under separate cover)    


278

Ordinary Meeting 30 September 2015

Planning and Growth Report

 

DPG 01

Miller Town Centre Master Plan 2015

 

Strategic Direction

Proud Engaged City

Strengthen and celebrate Liverpool’s unique community identity

Key Policy

Community Engagement Policy

File Ref

182934.2015

Report By

Murray Wilson - Senior Strategic Planner

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

In October 2013, Council received funding from the then Department of Planning and Infrastructure for the preparation of a Master Plan for the Miller Town Centre. The purpose of this master plan is to provide a framework for guiding future opportunities for Miller Town Centre. The framework aims to benefit all stakeholders, including the local community and provides recommendations for public domain improvements, potential land swaps, opportunities for residents to minimise the effect of social disadvantage and measures for improving safety.

 

This report recommends that Council endorses and publicly exhibits the draft Miller Town Centre Master Plan.



RECOMMENDATION

 

That Council:

 

1.    Endorses the draft Miller Town Centre Master Plan.

 

2.    Notes the primary objectives of the master plan to improve services, safety and amenity for the Miller community and address social disadvantage.

 

3.    Publicly exhibits the draft Miller Town Centre Master Plan for 28 Days, including a public information session.

 

4.    Receives a further report detailing the community’s feedback on the Draft Miller Town Centre Master Plan noting any changes.

 

 

 

 

REPORT

 

Background

Miller is a disadvantaged suburb approximately 4km west of Liverpool City Centre. Miller is characterised by a large concentration of social housing, high unemployment, including youth unemployment; low levels of education, low incomes, young families, including single parent families; cultural diversity, including a substantial Aboriginal community.

 

There are significant social issues present within the Miller area including mental health, drug and alcohol issues, crime and safety issues and housing stress. On the positive side, there has been renewed interest in the Miller town centre of late, including the proposed development on the existing at grade car park.

 

In an attempt to revitalise the ageing town centre, Council officers saw the need for the development of a master plan for the Miller Town Centre.  

 

Need for a Town Centre Master Plan

The redevelopment of the Miller Town Centre would improve the amenity of the physical environment, encourage economic investment in the area, facilitate population growth, decrease anti-social behaviour and strengthen the community’s sense of ownership and belonging to the area.

 

Funding Received as Part of the Planning Reform Fund

In February 2013, Strategic Planning and Community Planning teams collaborated on an application for a $60,000 grant to develop a Master Plan for the Miller Town Centre. The grant was offered by the then Department of Planning & Infrastructure (now Department of Planning and Environment), as part the Planning Reform Fund, to help support the delivery of strategic planning projects which meet the key objectives of state metropolitan plans and strategies.

 

In October 2013, correspondence was received advising that Council was successful in receiving the $60,000 grant to develop a master plan for the Miller Town Centre. 

 

Request for Quotation – Professional Services

In April 2014, Council officers undertook a Request for Quotation process and invited a number of specialist Urban Designers to tender for the preparation of the Miller Master Plan.

 

Through an evaluation process, AECOM proved to best meet the required criteria. In July 2014, Council accepted the tender to prepare the Miller Town Centre Master Plan.

 

The Miller Town Centre Master Plan Process

Council has held three stakeholder workshops to gather input into the Master Plan. The first stakeholder meeting was held on 1 May 2014, prior to Council accepting AECOM’s Tender, with a number of Stakeholders of the Miller Town Centre. The information gathered at this first Stakeholder meeting was forwarded to AECOM, as background information prior to the preparation of the draft master plan.

 

Council and AECOM held two further information sessions with the stakeholders. As a result of these sessions, the draft Miller Town Centre Master Plan (Figure 1) was developed. 

 

Figure 1 – Extract Draft Miller Town Centre Master Plan

 

Features of the draft Master Plan

As a result of the Master Planning process, a number of recommendations / features have been prepared by AECOM. These are listed below (and best read in conjunction with viewing the Figure 1):

1)   Improving the public domain including lighting, planting, seating, footpath;

2)   New Residential development fronting Woodward Crescent;

3)   Consider reconfiguring Miller Shopping Centre;

4)   Consider redeveloping Mission Australia site, as mixed use, by retaining the existing use with residential above;

5)   Consider a portion of Woodward Crescent to become a shared zone (potentially 10km/h);

6)   Consider the potential for redevelopment of ‘big box’ retail on the existing Miller Square site;

7)   Consider the creation a new hard paved plaza at Lady Woodward Park;

8)   Provide a clear pedestrian link that connects Cartwright Avenue, Miller Shopping Centre and Woodward Crescent;

9)   Provide a small civic plaza fronting Cartwright Avenue;

10) Provide wraparound car parking with retail and other active uses;

11) Potential for Green Valley Hotel to redevelop new frontage;

12) Public domain improvements to Cartwright Avenue;

13) More active uses to Cartwright Avenue;

14) Upgrade Jersey Park;

15) Potential to redevelop as higher density;

16) Creation of a new community and youth precinct encompassing the Michael Wenden Aquatic and Recreation Centre; and

17) A new road link between Woodward Crescent and Shropshire Street.

 

The above recommendations are categorised as short, medium or long term improvements in the Draft Master Plan.

 

The draft Master Plan also explores the possibility of rezoning certain land from residential to business, increasing the Floor Space Ratio (FSR) and building heights. There has yet to be any feasibility study into this proposed uplift in zone and proposed increases in FSR and building heights. These changes would require further analysis, including economic assessment. This would also require further consultation with State agency land owners. Accordingly, no changes to the Liverpool Local Environmental Plan are being contemplated by this report; rather the report is seeking endorsement for the Master Plan to be placed on public exhibition. To emphasise this point, the AECOM report specially identifies additional studies to build on and strengthen the Master Plan as follows:

 

·    Feasibility study on recommended FSR and height changes;

·    Residential development review to identify new dwelling requirements for Miller for the next 20 years; and

·    Site specific DCP for the Miller Town Centre detailing guidelines for development and open space.

 

It should be noted that the endorsement of the draft Master Plan does not commit Council to every recommendation provided by Consultants AECOM. However, the draft Master Plan provides a useful strategic framework for guiding future development options and opportunities in Miller Town Centre.

 

Important Community Services at Miller

Through the stakeholder engagement process, service providers raised concerns regarding the potential sale of Council facilities. It is noted that the intention is to improve services. The Master Plan identifies the potential opportunity for alternative and improved locations for community services.

 

Planning and Growth Committee

The Draft Miller Master Plan was presented to the Planning and Growth Committee on 5 August 2015.

 

 

 

Conclusion

The purpose of this master plan is to provide a framework for guiding future opportunities for revitalisation of the Miller Town Centre. This report recommends that Council endorse and publicly exhibit the draft Miller Town Centre Master Plan for the purposes of discussion and consultation.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations as this draft plan is a discussion document only.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

The primary purpose of this study is to address perceived disadvantage through a raft of proposed measures.


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.

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

 

 

ATTACHMENTS

 

1.         Miller Master Plan 1 September 2015 High ResolutionView (Under separate cover)  


283

Ordinary Meeting 30 September 2015

Planning and Growth Report

 

DPG 02

Proposed amendment to the Liverpool Local Environmental Plan 2008 - Rezoning of land at 311 Hume Highway, Liverpool

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

209750.2015

Report By

Ian Stendara - Strategic Planner

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

Council received a Planning Proposal to rezone 311 Hume Highway, Liverpool (Lot 71, DP 1004792), herein referred to as ‘the site’ from B6 – Enterprise Corridor to B4 – Mixed Use. The rezoning would permit the site to be developed in a manner commensurate with the gateway opportunity the site presents. In addition to the B4 – Mixed Use zone, the following amendments are proposed:

 

·         Under Schedule 1 Additional Permitted Use, allowing residential development on the ground floor of the site on condition that a minimum of 600sqm of non-residential development is provided;

·         Increase the Floor Space Ratio (FSR) from 2.5:1 to 6:1;

·         Increase the Building Height from 24m & 45m to 25m & 100m; and

·         Remove reference to the site as a ‘Key Site’, subject to Clause 7.22 (Development in Zone B6).

 

These proposed amendments will facilitate a development on the site which is consistent with the development (under construction) on the corner of Macquarie Street and the Hume Highway creating a distinctive built form at this key junction.

 

RECOMMENDATION

 

That Council:

 

1.    Resolves to prepare and exhibit the Draft amendment to the Liverpool Local Environmental Plan 2008.

 

 

 

2.    Forwards a copy of the Planning Proposal to the Department of Planning and Environment seeking a Gateway determination and following that proceed with public authority consultation and public exhibition.

 

 

REPORT

 

Site Context

 

A planning proposal was lodged on 15 January 2015 by SJB Planning, on behalf of Hume Developments Pty Ltd, for 311 Hume Highway, Liverpool (Lot 71 DP 1004792), identified in Figures 1 & 2 below. After initial review and consultation with the applicant, Council received an amended Planning Proposal on 10 June 2015.

 

The site includes three street frontages: the Hume Highway to the east, Hoxton Park Road to the north and Gillespie Street to the west. The site has the shape of two joined rectangles as shown in Figure 2 below. The site is next to a heritage item, being the Collingwood Hotel and Woodward Park lies across Hoxton Park Road to the north.

Figure 1: Site context and aerial identification map (site outlined by a heavy red border).

Figure 2: Current Land Use Zone applying to Lot 71 DP 1004792 outlined in a heavy black border.

 

Background

 

The proposed amendment seeks to rezone the site from B6 Enterprise Corridor to B4 Mixed Use. The current planning controls do not permit a form of development that is commensurate with the gateway status of the site. The proposed change of zone, increased FSR and Building Height controls would allow the site to be developed in a similar way to the development opposite, and will create a distinctive gateway at the southern side of the Liverpool CBD. The development under construction opposite at 420 Macquarie Street is a 30 storey mixed use development comprising 439 residential units and 376m2 of commercial/retail tenancies.

 

The subject site is currently vacant, characterised only by a deep excavation after buildings were demolished as part of a previous consent. The site has been subject to numerous historic development applications. These applications have typically consisted of mixed use residential development with ground-level retail. The most recent consent (DA-434/2008/A) includes 93 residential units, 3,600sqm of retail space and 2,500sqm of commercial floor-space.

The proposed rezoning of the subject site was recommended by Council officers following a pre-DA meeting held on 19 November 2014 (PL-71/2014). The primary motivators for this advice were numerous non-compliances with the Liverpool Local Environmental Plan with regards to land-use, building height, and FSR, along with a building design which was not sympathetic to the Collingwood Hotel (adjacent heritage item) nor the gateway development located opposite.

 

Proposed Amendment to the Liverpool Local Environmental Plan (LLEP) 2008

 

The following proposed amendments to the LLEP 2008 would facilitate the redevelopment of the site, as shown in the Urban Design Report prepared by DWA (Attached), and include:

·         Amend the Zoning Maps (LZN-010 & LZN-012) to rezone the whole of the site from B6 Enterprise Corridor to B4 Mixed Use;

·         Include a Schedule 1 Additional Permitted Uses clause for the site to allow residential dwellings to be provided on the ground floor subject to the provision of non-residential floor space, as discussed below;

·         Amend the Height of Building Maps (HOB-010 & HOB-012) for the site to show a maximum building height of 100 metres fronting the Hume Highway and 25 metres to the rear of the site;

·         Amend the maximum floor space ratio maps (FSR-010 & FSR-012) for the site from 2.5:1 to 6:1.

·         Remove reference to the site in the Key Sites maps (KYS-010 & KYS-012) as being subject to Clause 7.22 of the LLEP 2008.

 

The proposed changes to the LLEP Maps are shown in Figures 3-6 below.

 

A Schedule 1 Additional Permitted Uses clause would be inserted as follows:

 

Use of certain land at Liverpool in Zone B4

1.      The objective of this clause is to ensure active uses are provided at the street level to encourage the presence and movement of people and to provide employment opportunities on Lot 71, DP 1004792 in Zone B4 Mixed Use at 311 Hume Highway Liverpool.

2.      Clause 7.16 does not apply to the land described in (1) above.

3.      Development consent must not be granted for development on the land to which this clause applies unless the consent authority is satisfied that:

a)      The development contains at least 600m2 GFA of non-residential floor-space (excluding area for car parking), with a frontage to the Hume Highway, and

b)      any building(s) have an active street frontage

4.      In this clause a building has an active street frontage if all premises on the ground floor of the building(s) facing the street provide passive surveillance and access to the adjoining street.

 

Rezoning the site to B4 would permit mixed-use tower buildings to be erected on the site. The amended building height and floor-space ratio controls will allow a building form commensurate with the development opposite, to provide a consistent building typology signifying the importance of this gateway. The Schedule 1 additional use clause will ensure that a minimum amount of retail is provided on the ground floor next to the Hume Highway (where the effects of traffic volume would be great for residential uses), whilst allowing residential uses on the other parts of the site, where passing foot-traffic would be considerably lower.

 

Figure 3: Current and Proposed Land Use Zone Maps (site bordered in heavy black lines)

 

 

Figure 4: Current and Proposed Floor Space Ratio Maps (site bordered in heavy black lines)

 

Figure 5: Current and Proposed Maximum Building Height Maps (Area ‘AC’ is a rectangle with a depth of 30m from the Hume Highway) (site bordered in heavy black lines)

 

 

Figure 6: Current and Proposed Key Sites Maps (Changes in Bold; change involves removing application of clause 7.22 to the site only)

 

 


 

Justification for the Proposal

The current zoning of the site (B6 Enterprise Corridor) allows for residential development (in the form of shop-top housing), with commercial/large floor plate uses being the primary function of this zone. The objectives of the B6 zone are:

 

·    To enable a mix of business and warehouse uses, and bulky goods premises that require a large floor area, in locations that are close to, and that support the viability of, centres.

·    To maintain the economic strength of centres by limiting the retailing of food and clothing.

·    To provide for a larger regionally significant business development centre in a location that is highly accessible to the region.

·    To ensure a reasonable concentration of business activity.

 

The erection of residential flat buildings, with ground floor retail (similar to that approved on the development site opposite) will define this gateway into Liverpool, and provide a consistent form of development across this major intersection. However, the development envisaged is not consistent with the objectives of the B6 zone, or the current building height and the FSR controls. The owner/developer of the site, therefore, was encouraged to prepare a planning proposal to amend the LLEP 2008. The Planning Proposal seeks to rezone the site to B4 – Mixed Use the objectives of which support the proposed development as follows:

·    To provide a mixture of compatible land uses.

·    To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

·    To allow for residential and other accommodation in the Liverpool city centre, while maintaining active retail, business or other non-residential uses at street level.

·    To facilitate a high standard of urban design, convenient urban living and exceptional public amenity.

It is perceived that this land-use zone is more consistent with the desired outcome for the site. As seen in Figure 2, land opposite the site is also zoned B4. Similarly, the proposed maximum building height and FSR controls have been selected to provide a form of development which will complement approved and envisaged developments located opposite the site. An Urban Design Report for the site, which reinforces these principles, has been prepared by DWA, and is attached to this report.

 

Implications of the proposed rezoning

 

1.   Net Public Benefit

 

The Planning Proposal will result in a net public benefit and serve the public interest by facilitating a viable and well balanced mixed use development that will consist of commercial floor-space and units within the Liverpool City Centre in close proximity to services and public transport.

 

Council officers have acknowledged that the existing approval for the site does not achieve an optimal outcome and has encouraged the submission of a Planning Proposal in order to achieve an enhanced gateway development. The Planning Proposal will provide a significant incentive to deliver a contemporary and revitalised development at the same time as deriving public benefits.

 

Economic & Employment Considerations

 

The B4 zone will permit the construction of residential flat buildings with ground floor commercial uses. The concept development includes more than 300 residential units, with approximately 637sqm of commercial floor-space. As outlined in the Economic Impact Assessment, this breakdown in residential/commercial floor-space will likely satisfy some on-site demand, but will not draw significant commercial interest away from the city centre:

“From an employment perspective, the rezoning scenario would provide greater support to Liverpool City Centre by increasing the potential shopper pool whilst also helping to avoid dilution of the retail and commercial office offer by not delivering a significant amount of such floor-space on-site as would occur under the Base Case.”

(AEC Group, 2015, p.12)

 

The ‘Base Case’ refers to the current approved DA which consists of 93 residential units, 3,600sqm of retail floor-space and 2,500sqm of Commercial floor-space:

“In consideration of the 3,600sqm of retail floor-space which would be provided under the Base Case, overall the development would deliver 3,113sqm more retail floor-space than would be demanded by residents on-site. On-site facilities would therefore depend on capturing demand from residents in the broader locality which would otherwise be directed to existing or future facilities in Liverpool CBD or other centres/facilities.”

(AEC Group, 2015, p.9)

 

As discussed, the evidence provided by the proponent shows that the proposal will achieve a net public benefit.

 

2.   Urban Design Considerations

 

The design option currently considered (Option A, see Figure 7) attempts to minimise the extent of off-site overshadowing impacts, whilst still providing a form of development which is appropriate for the location of the site.

 

The envisaged built form on the site will include ground level retail in the Tower building, which will provide shop fronts to the Hume Highway and part of Hoxton Park Road. This will also reduce the amenity impacts on potential dwellings on the ground floor adjacent to the Hume Highway. Buildings A and B are envisaged to be wholly residential, which will provide increased passive surveillance to Gillespie Street and Woodward Park.

 

The amended planning controls will allow a built form outcome which is suitable for the gateway location. The concept development outcome will appropriately respond to the development at 420 Macquarie Street, Liverpool, located opposite, the Collingwood Hotel (adjoining the site to the south) and the future envisaged development outcome for the site on the northern corner of the intersection.

 

An extensive process of negotiation and discussion between Council’s City Architect and the proponent was undertaken to develop a block plan and building envelopes for the site. This was considered necessary in order to resolve the many issues that had not been resolved in the numerous DAs previously approved or under discussion. Specific site responses include matching the height of the development at 420 Macquarie Street, removing the stepping in the building form, removing podium elements, providing generous setbacks at ground-level to maintain views to the Collingwood Hotel, increasing the tower distance from the Collingwood Hotel, and using simple materials and vegetation sympathetic to the Collingwood Hotel.

 

Figure 7: Site layout Option A (Source: DWA, 2015, Urban Design Report, p.9).

 

3.   Traffic Implications

 

The current consent allows for the construction of 93 residential units, 3,600sqm of retail floor-space and 2,500sqm of Commercial floor-space. Included in this consent was a full-line supermarket, which is identified as a major traffic generating development. This would require the addition of a new set of traffic signals at the intersection of Hoxton Park Road and Gillespie Street.

 

Although the current design concept has a much larger floor plate than the previous consent, the substitution of much of the commercial and retail floor-space with residential development considerably decreases traffic generation.  The Traffic Report (prepared by Transport and Planning Associates) has modified the access arrangements to create a left in/left out arrangement at the intersection of Hoxton Park Road and Gillespie Street (including the installation of a concrete median at the intersection). This has removed the need for traffic signals, and is considered satisfactory for traffic movements.

 

Council’s traffic team has also requested that a bus stop near Gill Avenue be relocated and a pedestrian fence be erected along part of the median on Hoxton Park Road and the Hume Highway at the development application (DA) stage.

 

The large internal courtyard will allow residents to move freely through the site, and the signalised crossing to Woodward Park (at the Hume Highway/Hoxton Park Road intersection) provides residents with the opportunity to access a range of recreation facilities. The proximity of the tower to the Liverpool CBD, Liverpool Station and the T-way will promote active forms of transport.

 

 

4.   Heritage Implications

 

Council and the applicant have had extensive consultation to ensure that the conceptual building design appropriately responds to the heritage item (the Collingwood Hotel), in addition to minimising negative externalities (such as overshadowing) in developing planning controls. The applicant has prepared a conceptual building design (see Figure 8) which responds to officers’ comments, to keep the building design simple, but of high quality, and maintains view corridors to the heritage item. The applicant has also submitted a Heritage report as part of the initial submission and a Statement of Heritage Impact in an amended submission, which details potential conflicts, and provides guidance for a building design.

 

It is recognised that the building size and mass will significantly dominate the heritage item. However, it is also important that the building form responds to the gateway status of the site, defining the entrance into the Liverpool CBD.  The concept building’s horizontal lines and simple façade attempts to complement the historic hotel, without mimicking any features. The tower’s depth and large internal courtyard attempts to minimise the extent of overshadowing whilst still providing a form of development that will highlight this gateway.

 

Council’s Heritage Officer provided comment on the proposed development:

The previous schemes were incredibly “messy” and incorporated a stepped façade. [The City Architect] has provided advice about various urban design principles especially regarding the actual impact of a stepped façade which draws attention to it rather than being recessive.  To this end a more regular shape has been requested as well as a similar height to the opposite approved residential development to create a “gateway” into the Liverpool CBD. The proposed building is to be setback behind the building line of the heritage item (so views are somewhat retained); incorporate a vegetated buffer on the southern boundary (to transition to the domestic scale of the heritage item); incorporate architectural devices to connect the new with the old; and utilise sympathetic materials and colours.

 

It is acknowledged that the scale and bulk of the proposal is considerably larger than the heritage item.  However the recessing of the fourth floor to align with the height of the heritage item, as well as landscaping, are an attempt to address the domestic scale of the historic building and are generally supported.  Further refinement is expected at DA stage and various discussions with the applicant have occurred in this regard”.

Figure 8: Early concept building design, subject to future DA consideration (Source: SJB, 2015, 311 Hume Highway Liverpool Amended Planning Proposal, p.17).

 


 

Policy Context

 

1.   The Metropolitan Strategy - Plan for Growing Sydney

 

On 14 December 2014 the NSW Minister for Planning released the new Metropolitan Strategy – a Plan for Growing Sydney. The Planning Proposal is consistent with the following directions:

·    Direction 1.7 (Grow strategic centres - providing more jobs closer to home),

·    Direction 2.1 (Accelerate housing supply across Sydney),

·    Direction 2.2 (Accelerate urban renewal across Sydney – providing homes closer to jobs), and

·    Direction 2.3 (Improve housing choice to suit different needs and lifestyles).

The planning proposal will allow a significant number of residential units to be built within an identified strategic centre, close to jobs amenities and recreation areas. The planning proposal will also allow residential flat buildings to be constructed, which will cater to the growth in single person and smaller households in the Sydney region.

 

2.   Liverpool City Centre Plan

 

The Liverpool City Centre Plan (2006), prepared by Liverpool City Council and the NSW Department of Planning and Environment, envisages an additional 12,000 residents in the City Centre by 2021, with the creation of a “living city”. The proposed rezoning will assist in achieving this vision by allowing for feasible residential dwellings to be constructed on the city’s periphery, creating additional demand for retail and other services in the CBD.

 

3.   Growing Liverpool 2023

 

The Liverpool ten year plan Growing Liverpool 2023 (2013) reinforces the focus for Liverpool to be the regional centre for south-western Sydney and nominates City Centre Revitalisation Projects to include new gateways to the city. The Planning Proposal and concept design outcome will provide a new gateway style development on the edge of the City Centre. The inclusion of a limited amount of retail floor-space will reduce the number of car trip generated by residents purchasing day-to-day needs, whilst also increasing demand for additional retail floor-space within the centre. The site’s location in relation to the Liverpool CBD and public transport infrastructure will also promote local spending and the use of public transport to access employment and other opportunities.

 

4.   State Environmental Planning Policies and Ministerial Directions

 

The proposed amendments to the LLEP 2008 would not be inconsistent with any SEPPs or with any s117 Ministerial Directions, as detailed in the Planning Proposal.

 

Conclusion

 

It is recommended that Council amend the LLEP 2008 to rezone the site to B4 Mixed Use, and amend other planning controls as described. The rezoning will permit a form of development which is consistent with the gateway opportunity the site presents. The proposal would amend the Floor Space Ratio from 2.5:1 to 6:1 across the site. The maximum proposed building height will be amended from a mix of 24m at the rear of the site and 45m at the front to 25m for the majority of the site and 100m on a 30m deep portion of the site adjoining the Hume Highway (see Figure 3 – Figure 6). An additional permitted uses clause is also proposed, to ensure that 600m2 of non-residential uses are located on the ground floor to face the Hume Highway, minimising residential amenity impacts.

 

The proposed rezoning and amended planning controls applying to the site would allow for the construction of a mixed use tower and two smaller residential flat buildings which would complement the development opposite, the Collingwood Hotel to the south and the built form envisaged for other sites at this important gateway. The Planning Proposal will result in:

 

·    A net public benefit, by providing additional housing and revitalisation at the southern side of the CBD;

·    Improved economic and employment viability at the southern side of the CBD;

·    Improved urban form for the precinct;

·    Minimal traffic impacts; and

·    A building and site design which will respond to the curtilage of the Collingwood Hotel.

 

The proposed rezoning is consistent with state and local policy and is consistent with Council officers’ recommendations to the applicant. It is recommended that Council forward the Planning Proposal to the Department of Planning and Environment, seeking a Gateway Determination.

 

CONSIDERATIONS

 

Economic and Financial

Facilitate development which will create additional demand for commercial and retail services in the Liverpool CBD.

Environmental and Sustainability

Encourage urban renewal and redevelopment of brownfield land.


Social and Cultural

Encourage a variety of housing choices.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         FINAL Planning Proposal for 311 Hume Highway, Liverpool from B6 to B4View (Under separate cover)

2.         Urban Design Report (June 2015), 311 Hume Highway, LiverpoolView (Under separate cover)  


296

Ordinary Meeting 30 September 2015

Planning and Growth Report

 

DPG 03

Draft Liverpool Local Environmental Plan 2008 (Amendment 53) - Rezoning of part Copeland Street, Liverpool

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

223229.2015

Report By

Benny Horn - Strategic Planner

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

At its meeting on 29 April 2015, Council resolved to “commence the process to rezone part Copeland Street, Liverpool, proposed to be closed to R4 High Density Residential through an amendment to the Liverpool Local Environmental Plan 2008”.

 

In accordance with Council’s resolution, a planning proposal has been prepared to rezone the subject site from SP2 Classified Road to R4 High Density Residential, together with principal development standards for lot size, floor space ratio and building height.  These changes will align with those on adjoining residential lots, thereby enabling development on the subject site to be integrated with that on the adjoining lots.

 

This report recommends that Council proceeds with the proposed amendment to Liverpool Local Environmental Plan (LLEP) 2008, to permit residential development on the site.

 

RECOMMENDATION

 

That Council:

 

1.    Endorses the Planning Proposal and forwards it to the NSW Department of Planning and Environment seeking a Gateway determination.

 

2.    Subject to Gateway approval, proceeds with public authority consultations and public exhibition in accordance with the determination.

 

3.    Notes that the outcomes of public authority consultation and public exhibition will be reported to Council in the future.

 

 

REPORT

 

Background

The subject land comprises approximately 830 square metres and currently provides vehicular access from Copeland Street to detached dwellings on 10-16 Copeland Street.

 

These lots are zoned R4 High Density Residential and will likely be consolidated and developed into residential flat buildings in the future.  In the event of redevelopment of these lots, access from Copeland Street via the subject land will be removed, with access to be provided from Castlereagh Street only.

 

Figure 1 Aerial view, showing the site for rezoning marked in red

 

In January 2015, Council undertook public consultation on the proposed closure of part of Copeland Street, Liverpool on the subject site.  As part of the consultations, letters were sent to all adjoining owners and public authorities, including the Department of Planning and Environment, RMS and Endeavour Energy.  The only objection received was from Endeavour Energy, which requested an easement be created over existing underground cables within the road area.  RMS indicated no objection to the proposed road closure.

 

In order to facilitate the sale of the subject land for future development, Council agreed at its 29 April 2015 meeting to the road closure and resolved to “commence the process to rezone part Copeland Street, Liverpool, proposed to be closed to R4 High Density Residential through an amendment to the Liverpool Local Environmental Plan 2008”.  The Council resolution is at Attachment 1.

 

Proposed LLEP 2008 amendment

The Planning Proposal (Attachment 1) seeks to amend LLEP 2008 by rezoning the subject land from SP2 Classified Road to R4 High Density Residential and includes principal development standards for minimum lot size, floor space ratio and building height controls.  The controls will align with those on the adjoining residential lots, enabling the subject land to be integrated into future high density residential development on the adjacent lots.  The amended maps are included in the planning proposal and the changes are described as follows:

 

LEP Maps to be Amended

Map Reference

Proposed Change

Land Zoning

4900_COM_LZN_011_005_20110405

R4 High Density Residential

Lot Size

4900_COM_LSZ_011_005_20110405

U 1000sqm

Floor Space Ratio

4900_COM_FSR_011_005_20120201

T 2.0

Height of Building

4900_COM_HOB_011_005_20110405

V 35m

 

Evaluation

The proposed zoning and other development standards on the subject land are consistent with the controls applying to adjacent sites.  They will enable redevelopment of the subject land as part of development on the adjacent sites once it is no longer required for vehicular access.

 

The proposed changes will result in approximately 830 square metres of additional residential land in close proximity to jobs, services and public transport in Liverpool city centre.  This is consistent with principles of sustainable urban development as well as Directions of the NSW Government’s A Plan for Growing Sydney and Council’s Growing Liverpool 2023 strategy.

 

The proposal is also consistent with relevant guidelines, legislation and Ministerial Directions, including Direction 4.3 pertaining to rezoning of flood prone land.  Although the site is presently subject to 1 in 100 year flooding from Brickmakers Creek, Council’s flood engineers advise that Council has implemented a number of flood mitigation works that will, when completed, result in the subject land and surrounding areas being flood free.  For assessment of the current proposal, the site is therefore considered to not be affected by the 1 in 100 year flood, and is thus consistent with Direction 4.3.

 

Conclusion

The planning proposal seeks to rezone part of Copeland Street, Liverpool adjacent to 10-16 Copeland Street and 93-95 Campbell Street from SP2 Classified Road to R4 High Density Residential.  The subject land currently provides vehicular access to the adjoining lots; however this will no longer be required if those lots are redeveloped.

 

The proposal also adds building height, floor space ratio and minimum lot size controls to the subject land, consistent with those on adjoining lots.  This will facilitate integration of the subject land into future residential development on the adjoining lots.

 

The planning proposal aligns with sustainable urban development principles as it will increase the supply of high density residential land in close proximity to jobs, services and public transport.  It is also consistent with the strategic planning framework for Liverpool city centre, including A Plan for Growing Sydney and Growing Liverpool 2023, as well as relevant guidelines and Ministerial Directions.

 

It is therefore recommended that Council resolve to forward this planning proposal to the Department of Planning and Environment for Gateway determination.

 

 

 

 

 

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.         Council report (29 April 2015)View

2.         Planning Proposal


307

DPG 03

Draft Liverpool Local Environmental Plan 2008 (Amendment 53) - Rezoning of part Copeland Street, Liverpool

Attachment 1

Council report (29 April 2015)

 


 


 


 


325

DPG 03

Draft Liverpool Local Environmental Plan 2008 (Amendment 53) - Rezoning of part Copeland Street, Liverpool

Attachment 2

Planning Proposal

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


322

Ordinary Meeting 30 September 2015

Planning and Growth Report

 

DPG 04

Compliance Levy

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Long-Term Financial Plan

File Ref

223821.2015

Report By

Nada Mardini - Manager Community Standards

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

With the increase in population and development in the Liverpool Council area there are greater demands on Council to ensure compliance with legislation.  There is also an expectation in the community that Council officers are available to take effective action.

 

Council needs to consider ways to finance the increased resources required and have viewed how a number of other Councils are dealing with this issue.  Discussion with other Councils has revealed that a number of Councils are charging a levy on all new development applications to offset the costs associated with providing Council’s compliance services.

 

It is recommended that Council should consider setting a levy to assist in enforcement action and to proactively work with the community.

 

The Local Government Act requires all proposed fees and charges to be placed on public exhibition for a period of 28 days before adoption by Council.

 

This report recommends an amendment to the Revenue Pricing Policy (Fees and Charges) 2015-16 to establish a compliance levy on development applications.

 

If endorsed by Council, the fee will be placed on public exhibition to allow for feedback.

 

RECOMMENDATION

 

That Council:

 

1.    Approves the following fee to be placed on Public Exhibition:

 

A compliance levy of 0.25% of the capital investment value (CIV) of a proposed development be charged on each development application with a minimum levy of $75.00.

 

2.    Receives a further report following the exhibition process which outlines any submissions made/public feedback.

 

REPORT

 

With the predicted increase in population and development within the Liverpool Council area it is essential that Council provide the resources required to ensure compliance with the appropriate legislation.  There is also an expectation in the community that Council officers are available to provide such a service.

 

In considering how Council can finance the increased resources required, an investigation into how other Councils have dealt with this issue was undertaken.  It was found that a number of Councils charge a levy on all new development applications to offset the costs associated with providing compliance services.  The levy charged by Councils varied between 0.1% and 0.25% of the CIV of development.  It is recommended that Council consider setting the levy at 0.25% of the CIV of proposed development, with minimum levy of $75.00.

 

Legal advice obtained from Council’s Manager Governance & Legal Services has confirmed that Council can lawfully impose a fee on development applications to support environmental compliance management.  Such a fee is consistent with the provisions of Section 608 of the Local Government Act and various provisions falling within Clause 246A (2) of the Environmental Planning and Assessment Regulations (attached).

 

In the last financial year Council received 1346 development applications with a CIV in excess of $9 million. Based on a levy of 0.25% of the cost of development with a minimum levy of $75.00 Council could have raised a compliance levy of $2,309,453 if this fee had been in place.

 

If endorsed by Council, the fee will be placed on public exhibition to allow for feedback, with a subsequent report presented to Council summarising responses received.

 

CONSIDERATIONS

 

Economic and Financial

Enhance the environmental performance of buildings and homes.

Environmental and Sustainability

Manage the environmental health of waterways.

Manage air, water, noise and chemical pollution.

Enhance the environmental performance of buildings and homes.

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


Social and Cultural

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

Support policies and plans that prevent crime.

Support access and services for people with a disability.

Deliver high quality services for children and their families.


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.

Deliver services that are customer focused.

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

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

 

 

ATTACHMENTS

 

1.         Section 608 of the Local Government Act and Clause 246A (2) of the Environmental Planning and Assessment Regulations.View  


325

DPG 04

Compliance Levy

Attachment 1

Section 608 of the Local Government Act and Clause 246A (2) of the Environmental Planning and Assessment Regulations.

 


 


 


 


329

Ordinary Meeting 30 September 2015

Planning and Growth Report

 

DPG 05

Review of Liverpool City Council Section 94 Contributions Framework

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

228511.2015

Report By

Graham Matthews - Strategic Planner

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

Section 94 of the Environmental Planning and Assessment Act 1979 enables Council to charge a developer contribution on all development that increases demand for public amenities and public services in an area. Council is facing challenges in delivering infrastructure to support new release and infill areas to meet the expectations of land-owners and developers. Council commissioned SGS Economics and Planning to review Council’s existing developer contributions schemes and make recommendations for improvements. This report summarises the key findings of the SGS report, and makes recommendations for changes to be made to Council’s development contributions regime.

 

RECOMMENDATION

 

That Council:

 

1.    Conducts a cost/benefit analysis and risk and compatibility assessments on transitioning to a Technology One based platform for Council’s property and developer contributions software.

 

2.    Investigates options to provide discounted developer contributions in order to incentivise specific development in the Liverpool City Centre and other areas in accordance with future Council strategic objectives.

 

3.    Seeks Ministerial approval pursuant to Clause 94E(1)(d) of the Environmental Planning and Assessment Act 1979 to increase the rate of the development contributions applying to the Liverpool City Centre under the Liverpool Development Contributions Plan 2007 to 3% for all zones.

 

 

 

 

4.    Seeks Ministerial approval pursuant to Clause 94E(1)(d) of the Environmental Planning and Assessment Act 1979 to introduce a S94A scheme across the established areas of Liverpool, levying a developer contribution of 2% for works with a capital value in excess of $200,000, with 0.5% applying to development valued at between $100.000 and $200,000, except for identified high growth areas where existing contributions charges would remain.

 

REPORT

 

Background

Section 94 of the Environmental Planning and Assessment (EP&A) Act 1979 provides Council with the authority to levy monetary contributions on a developer if it can be established that the proposed development is likely to increase demand for public amenities and public services in the area. Examples of public amenities and public services include parks, roads, footpaths, cycleways, storm water management and community facilities such as libraries.

 

As an alternative, Council may levy development contributions according to a specific portion (percentage) of the capital cost of carrying out the development. Section 94A contributions are calculated as a percentage of the capital value of a proposal. Unlike contributions levied under Section 94, no specific connection (nexus) is required between the development and the infrastructure to be funded.

 

Council currently operates five contributions plans, as follows:

•  Liverpool Contributions Plan 2007 – Liverpool City Centre

•  Liverpool Contributions Plan 2008 – Edmondson Park

•  Liverpool Contributions Plan 2014 – East Leppington (June 2015)

•  Liverpool Contributions Plan 2014 – Austral and Leppington North (June 2015)

•  Liverpool Contributions Plan 2009 – rest of the LGA

 

The Liverpool City Centre plan was prepared under S94A of the EP&A Act, whereas the other four plans have been prepared under S94 of the EP&A Act.

 

Council is facing challenges in delivering infrastructure to support new release areas to meet the expectations of land-owners and developers. In addition, the challenges of fragmented ownership, unpredictable development rates and the fact that contributions must be collected before they can be spent, has resulted in infrastructure delays.

 

In addition, a recent internal audit of the current process for managing the calculation and collection of contributions has identified a number of deficiencies. Manual checking of calculations has led to a small number of errors that have led to under-collection of contributions. Council is therefore considering transitioning to an automated system-based approach to the administration of development contributions.

 

Council commissioned SGS Economics and Planning to review its development contributions system, to consider improvements that may be made to the system and to make recommendations as to how to proceed. The report, delivered to Council in August is attached for Councillors’ reference. This Council report has been based on the findings and recommendations of that report.

 

 

Existing contribution plans in summary

 

1.   Liverpool Contributions Plan 2007

The Liverpool Contributions Plan 2007 was adopted in December 2007 and levies developer contributions under Section 94A of the EP&A Act. The plan applies to all land in the Liverpool City Centre, as defined by Part 4 of Liverpool Development Control Plan 2008, and depicted in Figure 1 below.

 

Figure 1: Liverpool City Centre

Contribution rates as at December 2014 are based on a differential levy depending on the zoning of the land. Development on land zoned R4 – High Density Residential or IN2 – Light Industrial, are 2% of the capital value of the project. Development on land zoned B1 – Neighbourhood Centre, B3 – Commercial Core, B4 – Mixed Use and B6 – Enterprise Corridor is levied at 3% of the capital value of the project. Developments of a lower capital value than $1,000,000 are exempt from the levy.

 

Money received through this contribution plan is used to fund infrastructure, as described in the Civic Improvement Plan, which has a value of works of approximately $40M.

 

2.   Liverpool Contributions Plan 2009

This plan applies to most of the land area of the Liverpool local government area, excluding Edmondson Park, Austral and North Leppington, East Leppington and Edmondson Park. This plan was prepared under Section 94 of the EP&A Act, and levies differential rates on the Established Areas, areas undergoing significant growth including Pleasure Point, Pleasure Point east, Hoxton Park, Cecil Hills, Elizabeth Hills, Middleton Grange, Prestons Industrial Area, and the Rural Areas.

 

This plan levies contributions based on residential subdivision, on the assumption that an increase in population increases the demand on Council services and infrastructure. The plan also levies contributions for non-residential development in Middleton Grange and Hoxton Park and levies contributions for new industrial development in the Prestons Industrial Area. No contributions are levied for other forms of development.

 

Based on the demand created for the provision of new and existing infrastructure, this plan applies a differential levy for development. Subdivision of land for the purpose of new dwellings in Middleton Grange, for instance, relies on the provision of new infrastructure (drainage, open space etc) to service the development, while the subdivision of a lot in the established areas is more likely to use existing infrastructure. The result is that the contribution levied on the Middleton Grange development is proportionately greater than that levied for development in the established areas. Contributions are tied to the cost of specific infrastructure projects as defined in the schedule of works.

 

The schedule of works specifies the standards for provision of infrastructure and facilities to be provided. The plan includes a calculation of contribution rates which apportion the cost of the infrastructure to be provided.

 

3.   Liverpool Contributions plan 2008 (Edmondson Park)

This plan was adopted in January 2008 and prepared under Section 94 of the EP&A Act. It applies to all land in Edmondson Park only.

 

This plan levies contributions for both residential and non-residential development. Levies are calculated at a specific rate per hectare, based on the Minimum Dwelling Density (as determined by Liverpool Local Environmental Plan (LLEP) 2008) for residential development and the zoning of the land for non-residential development.

 

4.   Liverpool Contributions Plan 2014 – East Leppington (June 2015) and Liverpool Contributions Plan 2014 – Austral and Leppington North (June 2015)

These plans, adopted by Council in June 2015 apply to the recently released growth areas of Austral and Leppington North and East Leppington.

 

These plans levy contributions for both residential and non-residential development. Levies for residential development are calculated on a per lot basis (or a per dwelling basis for multi-dwelling housing or residential flat buildings). Apportionment of the cost of the schedule of works across expected lot yield has led to the levy per lot exceeding the $30,000 cap for each lot (see below). As a result, Council has sought approval for the plan from IPART with a view to receiving top-up funds from the State Government’s Local Infrastructure Growth Scheme. The plans remain under consideration by IPART at this time.

 

Development contributions for non-residential development are levied at a fixed rate per hectare. This permits Council to levy development contributions for commercial development to the extent that this development increases demand on Council infrastructure.

 

 

Problems with the existing system

 

1.   Complexity

There are five development contributions schemes that apply to land in Liverpool local government area. In addition, the Liverpool Contributions Plan 2009 applies to nine specific areas in addition to the established areas. This reflects the fact that Liverpool is a growth council, with certain greenfield areas slated for rapid growth. It also reflects the impact of the Sydney Region Growth Centres SEPP, which has rezoned Austral/Leppington North and East Leppington from rural to urban uses, requiring the preparation of new contribution plans.

 

2.   Not all uses captured by Liverpool Contributions Plan 2009

With the exception of the part of the scheme dealing with the Prestons Industrial Area, most industrial development is not levied for development contributions (including extractive industries in the rural areas). In addition, commercial developments are not levied developer contributions in the established areas. It is considered that an alternative scheme should be developed for the established areas that more fully captures the impact of all development (see below).

 

3.   The current S94A scheme applying to Liverpool City Centre does not incentivise use

The Liverpool Contributions Plan 2007, which imposes a S94A levy of between 2-3% on all development of greater than $1M in the Liverpool City Centre, does not incentivise certain land uses such as 4-5 star hotels. In fact the current regime is a disincentive to development of non-residential land uses. As investigated below, Council may be able to introduce reductions in levies for certain specific uses by way of a specific resolution.

 

4.   The Edmondson Park Scheme does not levy all development

The S94 scheme applying to development in Edmondson Park levies development contributions based on the Minimum Dwelling Density of residential zoned land. When these minimum dwelling densities were developed in 2007, they were considered to be very optimistic. Advances in building techniques and greater market receptivity to smaller lots and higher density multi-dwelling development have meant that development outcomes are expected to exceed the minimum density requirements. However, it is not recommended that Council seek to amend the plan at this time as more than half of the land areas in Edmondson Park has either already been subdivided, or has an application for subdivision under consideration.

 

Council officers are currently finalising a VPA in negotiations with Urban Growth for the town centre and this issue has formed part of discussions. Further, the impact of future development proposals will be assessed as required and conditions imposed as appropriate if demand is not considered to be catered for in existing planned infrastructure.

 

 

 

Recent Government reforms

Amendments to the Environmental Planning and Assessment (EP&A) Act 1979 in 2010 introduced a development contributions cap of $20,000 per dwelling/lot in an established area, or $30,000 per dwelling/lot in greenfield areas.

 

The Government also introduced an ‘Essential Works’ list, which contains a list of public amenities and services which are considered essential works. The ‘Essential Works’ list includes the following:

 

·    land for open space (parks and sporting fields) including base-level embellishment;

·    land for community services (childcare centres and libraries);

·    land and facilities for transport (road works, traffic management and pedestrian and cycling facilities), not including car parking; and

·    land and facilities for stormwater management.

 

Should Council determine that the overall cost of providing essential works to a greenfield area exceeds $30,000 per lot/dwelling, Council may apply to the Independent Pricing and Regulatory Tribunal (IPART), for additional funding under the Local Infrastructure Growth Scheme. In assessing whether Council should be granted a payment from the fund, IPART will assess the plans schedule of works against the Essential Works list. Any proposed works which are not considered to be essential, will not be considered in determining whether the case for additional funding has merit. The impact of the contributions cap is that Council is finding it difficult to fund lower order and non-critical infrastructure in greenfield areas through development contributions.

 

Recommendations of the Review

 

1.   Liverpool City Centre

The Review recommended that Council consider seeking to amend the existing S94A scheme for Liverpool City Centre. It recommended that Council seek Ministerial approval pursuant to Section 94E(1)(d) to increase the rate applicable to all development in Liverpool City Centre to 3% of the capital value of the project.

 

The Review found that an increase of development levies from 2% - 3% of capital value for residential development in the Liverpool City Centre was justified by the projected expansion in dwelling construction in Liverpool City Centre, which will increase the demand on infrastructure. The Review projects that Council would receive an additional $11.5M if the levy for residential and mixed use zoned land were increased to 3%. Should the proposed Liverpool City Centre LEP review be adopted, the Review estimates that Council would receive an additional $44.2M in contributions.

 

The Review also assesses that the impact of increasing the levy from 2% to 3% would have a minimal impact on the viability of residential and mixed use development in Liverpool City Centre.

 

The Review also recommends that Council investigate a proposal to discount development contributions for certain specified uses, such as 4-5 star hotels, as a way of incentivising their development. Such an incentive should have appropriate governance arrangements, with the basis for the concession being clear and objective. This may require specific legal drafting of the proposal for Council’s consideration. In addition, SGS recommends that any concession be directly related to a strategy document, which may be in the form of a “strategic plan” envisaged to be drafted as part of the city-wide LEP review.

 

2.   Established areas

The S94 plan applying to the established areas of Liverpool operates as part of the Liverpool Development Contributions Plan 2009. Unpredictable development rates in the established areas have led to a ‘drip-feed’ of collections for the established areas. In addition, the only development that attracts development contributions is subdivision for residential development. Commercial and industrial development (with the exception of Prestons Industrial Area) does not attract any developer contributions.

 

The existing system has left Council with a limited ability to forward fund assets, and gaps in infrastructure provision. Council needs to invest in transport networks and community facilities which are not being adequately funded by the existing scheme. For example, a hotel or motel development outside the city centre does not currently attract any developer contributions.

 

The Review therefore recommends that Council implement a hybrid development contributions system. Section 94 plans should be retained for residential development in the high-growth areas including Middleton Grange, Hoxton Park, Green Valley etc, while a S94A contributions plan, which levies all development above a threshold of $100,000 should be considered for the established areas.

 

It is recommended that Council seek Ministerial approval pursuant to Section 94E(1)(d) to establish a S94A scheme applying to the established areas of Liverpool that would levy development contributions of 2% to all development with a capital value of $200,000 or more. Clause 25K of the Environmental Planning and Assessment Regulations 2000 specifies that a $0 contribution applies to development with a capital value of $100,000 or less, and that 0.5% apply to development valued at between $100,000 to $200,000.

 

A S94A scheme applying to the established areas of Liverpool would be estimated to raise an additional $6.2-7.6M over 20 years, over and above funds expected from the continued operation of the existing S94 scheme in the established areas according to SGS. The increase in developer contributions would be justified partly as a value capture scheme.

 

The advantages of Council seeking to establish a S94A contributions scheme for the established areas of Liverpool are as follows:

 

·    A S94A scheme captures all forms of development. The existing S94 scheme applying to the established areas levies contributions only on residential subdivision. A S94A scheme would levy all development including residential, industrial and commercial, over a threshold of $100,000, meaning that small developments would not be impacted;

·    SGS concluded that a 2% levy across the established areas is unlikely to impact on development viability;

·    No nexus is required between the contribution and the demand on infrastructure and facilities generated by the development. This allows Council to apply the funds raised to a wider variety of development including maintenance;

·    The S94A levy is a simple system which is easy to apply. It is easier to calculate, leaving less room for error and guaranteeing certainty for developers;

·    S94A contributions are not contestable in the Land and Environment Court on the basis of lack of nexus; and

·    A S94A scheme would have lower administrative costs.

 

The risks involved in seeking to establish a S94A contributions scheme for the established areas of Liverpool are as follows:

 

·     Any S94A levy in addition to 1% must be approved by the Minister;

·     Works-in-kind and land dedicated free of charge may not be provided in lieu of monetary contributions for a S94A scheme;

·     Development of a capital value less than $100,000 is exempt from the levy.

 

Integration of Council’s development contributions system

Council’s development contributions system is not well-integrated into Council’s financial and planning systems. Levying the correct contribution relies on a series of calculations performed manually. In certain cases, administrative error by staff has led to under-charging of levies.

 

There is no simple solution to the integration of the development contributions system within Council’s existing software. Issues of system compatibility make integration problematic.

 

It is recommended that Council investigate a solution based on the Technology One Developer Levy Model (DLM). Warringah City Council has integrated DLM with their DA administration system (facilitated by Icon, as in Liverpool), in addition to their property and finance databases. DLM fully automates the calculation of S94A contributions from information provided in the development application. The system also allows for automatic indexation and credits for ‘works-in-kind’.

 

The primary disadvantage of adopting DLM is the set-up cost. It is estimated that an initial upfront investment of $400,000 to $500,000 may be required to acquire the Tech 1 platform before Council can acquire DLM and other modules.

 

Council has yet to complete a cost/benefit analysis for the proposed transition to Tech 1, or a risk and compatibility assessment. A further report would be presented to Council making final recommendations and providing costings subsequent to due diligence processes being completed.

 

 

Other recommendations

The SGS Review made the following additional recommendations. It is recommended that these matters be noted for later consideration in the process of streamlining Council’s development contributions process:

 

·    Develop a comprehensive Voluntary Planning Agreement (VPA) policy for Council;

·    Develop an overarching strategic plan for development in Liverpool. Identify expected growth and provide detail on the timing of development; and

·    The contributions plan of works to be informed by the strategic plan.

 

It is proposed to progress these recommendations as part of the review of the Liverpool LEP.

 

Conclusion

Development contributions levied on development in Liverpool are intended to fund the provision of infrastructure necessary to support growth and development. The Review of the Liverpool City Council Section 94 Contributions Framework prepared by SGS has made a thorough assessment of Council’s development contributions system and made specific recommendations for improvements.

 

While a number of the reforms suggested by SGS require further investigation, they nevertheless provide a framework for Council to follow in improving the responsiveness of the existing developer contributions system to meet increasing demand. It is recommended that Council adopt the recommendations of this report, which will permit Council officers to progress the necessary investigations and prepare the proposed submissions to the Minister for Planning.

 

CONSIDERATIONS

 

Economic and Financial

Facilitate economic development.

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

 

1.         Review of Liverpool City Council Section 94 Contributions FrameworkView (Under separate cover)   


338

Ordinary Meeting 30 September 2015

Property and Commercial Development Report

 

DPC 01

Acquisition of Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, for road purposes

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Property Strategy

File Ref

235540.2015

Report By

Andy Kabok - Senior Property Officer

Approved By

John F Morgan - Director Property & Commercial Development

 

 

Executive Summary

 

Council is required to acquire Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, for road purposes. The Liverpool Contribution Plan provides the mechanism to collect the funding to enable the acquisition of this land.

 

Agreement has been reached with the owners, Ingham Property Development Pty Ltd, for Council to acquire Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, subject to Council approval.

 

This report recommends that Council agrees to the acquisition of Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, for $82,614 inclusive of GST. 

 

RECOMMENDATION

 

That Council:

 

1.   Approves the acquisition of Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, for the price and terms outlined in the confidential attachment;

 

2.   Upon settlement of the acquisition, dedicates Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, as public road;

 

3.   Keeps confidential the attachment supplied under separate cover containing the acquisition price 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; and

 

4.   Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

 

REPORT

 

Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, comprises of a land area of 393.4 square metres and is the portion of land that connects the new Kurrajong Road extension to William Buckley Drive. (See map below)

 

 

Land under road is normally dedicated to Council as road, as part of a Plan of Subdivision and is paid for by Council and/or off-set against Section 94 Contributions as part of a Works-in-Kind (WIK) agreement between Council and the developer. In such agreements, the value of land under road is based on the applicable rate attributed to the relevant portion of road in the Section 94 Contribution Plan. In this instance, the applicable rate is $210 per square metre. Lot 204 DP 1194243 was not included in any WIK agreements and Ingham Property Development Pty Ltd can no longer dedicate this land as road.

 

Council and Ingham Property Development Pty Ltd, have agreed, subject to Council approval, for Council to acquire Lot 204 DP 1194243 comprising an area of 393.4 square metres for $82,614 inclusive of GST. The agreed price represents a rate of $210 per square as contained in the Liverpool Contribution Plan.    

 

This report recommends that Council agrees to the acquisition of Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, for $82,614 inclusive of GST, and upon settlement, agrees to the dedication of Lot 204 DP 1194243, as public road. 

 

 

 

 

 

CORPORATE DETAILS - vendor

 

Registered Name

Ingham Property Development Pty Limited

Registered Address

201 Sussex Street, Sydney NSW 2000

OFFICER HOLDERS

Director Name

Suburb & State

Lynette Jacqueline Ingham

Castle Hill, NSW

Debra Norma Kepitis

Galston, NSW

John Andrew Ingham

Darlinghurst, NSW

Robert Christopher Ingham

Tamarama, NSW

John Richard Hexton

Hunters Hill, NSW

Company Secretary

Suburb & State

John Richard Hexton

Hunters Hill, NSW

 

CONSIDERATIONS

 

Economic and Financial

Funding for the acquisition is provided for in Council’s Section 94 Contribution Plan and is included in this year’s 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

There are no civic leadership and governance considerations.

 

ATTACHMENTS

 

Nil  


341

Ordinary Meeting 30 September 2015

Committee Reports

 

CTTE 01

Environment Advisory Committee Meeting minutes held on 10 August 2015

 

Strategic Direction

Natural Sustainable City

Lead the community to develop and implement environmentally sustainable practices

Key Policy

Environment Restoration Plan

File Ref

208319.2015

Report By

Kevin Smith - Manager Infrastructure Delivery

Approved By

Raj Autar – Director Infrastructure & Environment

 

 

Executive Summary

 

This report is tabled in order to present the Minutes of the Environment Advisory Committee Meeting held on 10 August 2015.

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 10 August 2015.

 

 

REPORT

 

The minutes of the Environment Advisory Committee meeting held on 10 August are attached for the information of Council.

 

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 Committee Meeting Minutes 10 August 2015View

2.         EAC Report No.14/15View

3.         EAC Report No.15/15 View

4.         EAC Report No.16/15 View

5.         EAC Report No.17/15 View  


343

CTTE 01

Environment Advisory Committee Meeting minutes held on 10 August 2015

Attachment 1

EAC Committee Meeting Minutes 10 August 2015

 


 


 


 


 


 


349

CTTE 01

Environment Advisory Committee Meeting minutes held on 10 August 2015

Attachment 2

EAC Report No.14/15

 


 


 


 


 


 


 


 


 


 


 


 


 


369

CTTE 01

Environment Advisory Committee Meeting minutes held on 10 August 2015

Attachment 3

EAC Report No.15/15

 


 


 


 


373

CTTE 01

Environment Advisory Committee Meeting minutes held on 10 August 2015

Attachment 4

EAC Report No.16/15

 


 


 


369

CTTE 01

Environment Advisory Committee Meeting minutes held on 10 August 2015

Attachment 5

EAC Report No.17/15

 


 


 


 


 


 


 


376

Ordinary Meeting 30 September 2015

Committee Reports

 

CTTE 02

Minutes of the Budget and Finance Committee held on 5 August 2015 and 2 September 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

224408.2015

Report By

Rita Busuttil - Personal Assistant - Chief Financial Officer

Approved By

Gary Grantham – Acting Chief Executive Officer

 

 

Executive Summary

 

This report is tabled in order to present the Minutes of the Budget and Finance Committee Meetings held on 5 August 2015 and 2 September 2015.

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Budget and Finance Committee Meetings held on 5 August 2015 and 2 September 2015.

 

 

REPORT

 

1.       The Minutes of the Budget and Finance Committee meeting held on 5 August 2015 and 2 September 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.         Budget and Finance Committee Meeting Minutes 5 August 2015View

2.         Budget and Finance Committee Meeting Minutes 2 September 2015View  


385

CTTE 02

Minutes of the Budget and Finance Committee held on 5 August 2015 and 2 September 2015

Attachment 1

Budget and Finance Committee Meeting Minutes 5 August 2015

 


 


 


381

CTTE 02

Minutes of the Budget and Finance Committee held on 5 August 2015 and 2 September 2015

Attachment 2

Budget and Finance Committee Meeting Minutes 2 September 2015

 


 


 


384

Ordinary Meeting 30 September 2015

Committee Reports

 

CTTE 03

Minutes of Building Our New City Committee meeting held 2 September 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

226557.2015

Report By

Nicole Voorhout - Personal Assistant to the Director Economic Development

Approved By

Michael Cullen – Director Economic Development

 

 

Executive Summary

 

This report is tabled in order to present the Minutes of the Building Our New City Committee Meeting held on 2 September 2015.

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Building our New City Committee Meeting held on 2 September 2015.

 

2.   Approves the updating of the current paving strategy.

 

REPORT

 

1.       The Minutes of the Building Our New City Committee meeting held on 2 September 2015 are attached for the information of Council.

 

2.       The Committee agreed that the recommendations for paving provided in the presentation on the Liverpool CBD public domain be reflected in the current paving strategy.

 

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

 

1.         MINUTES Building Our New City Committee 2 September 2015 FINALView

2.         PRESENTATION Liverpool CBD Public Domain Jan McCredie 2 September 2015View (Under separate cover)  


395

CTTE 03

Minutes of Building Our New City Committee meeting held 2 September 2015

Attachment 1

MINUTES Building Our New City Committee 2 September 2015 FINAL

 


 


 


 


 


 


392

Ordinary Meeting 30 September 2015

Committee Reports

 

CTTE 04

Liverpool Sports Committee minutes of meeting 30 July 2015

 

Strategic Direction

Healthy Inclusive  City

Plan, support and deliver high quality and accessible services, program and facilities

Key Policy

Recreation Strategy

File Ref

227920.2015

Report By

Mark Westley - Sports Development Officer

Approved By

Kiersten Fishburn – Director Community & Culture

 

 

Executive Summary

 

This report is tabled in order to present the Minutes of the Liverpool Sports Committee Meeting held on 30 July 2015.

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Sports Committee Meeting held on 30 July 2015.

 

 

REPORT

 

1.       The Minutes of the Liverpool Sports Committee held on 30 July 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

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.         Liverpool Sports Committee Minutes 30 July 2015View  


407

CTTE 04

Liverpool Sports Committee minutes of meeting 30 July 2015

Attachment 1

Liverpool Sports Committee Minutes 30 July 2015

 


 


 


 


 


 


 


 


 


 


404

Ordinary Meeting 30 September 2015

Committee Reports

 

CTTE 05

Minutes of the Civic Advisory Committee Meeting held 25 August 2015

 

Strategic Direction

Proud Engaged City

Engage and consult with the community to enhance opportunities for communication and involvement

Key Policy

Events Strategy

File Ref

228326.2015

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Gary Grantham – Acting Chief Executive Officer

 

 

Executive Summary

 

This report is tabled in order to present the Minutes of the Civic Advisory Committee Meeting held on 25 August 2015.

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Civic Advisory Committee Meeting held on 25 August 2015.

 

 

REPORT

 

1.       The Minutes of the Civic Advisory Committee held on 25 August 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.

 

3.       The meeting also considered the nominations and made recommendations of people to receive the Order of Liverpool Awards for 2015. As this information contains confidential personal information, that part of the minutes has been included in a separate report on this meeting agenda in the Confidential Section.

 

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

Encourage the community to engage in Council initiatives and actions.

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

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

 

 

ATTACHMENTS

 

1.         Civic Advisory Committee Minutes from 25 August 2015 - Excluding Item 5View  


415

CTTE 05

Minutes of the Civic Advisory Committee Meeting held 25 August 2015

Attachment 1

Civic Advisory Committee Minutes from 25 August 2015 - Excluding Item 5

 


 


 


 


 


411

Ordinary Meeting 30 September 2015

Committee Reports

 

CTTE 06

Minutes of Economic Development and Events Committee meeting held 2 September 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

228788.2015

Report By

Tracey Lee - Economic Development Assistant

Approved By

Michael Cullen – Director Economic Development

 

 

Executive Summary

 

This report is tabled in order to present the Minutes of the Economic Development and Events Committee meeting held on 2 September 2015.

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 2 September 2015.

 

REPORT

 

1.       The Minutes of the Economic Development and Events Committee meeting held on 5 August 2015 are attached for the information of Council.

 

2.       There are no actions arising from the report that will have 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 2 September  2015View

2.         Barangaroo Skills Exchange presentationView

3.         Branding Presentation - Communications


413

CTTE 06

Minutes of Economic Development and Events Committee meeting held 2 September 2015

Attachment 1

MINUTES Economic Development and Events Committee 2 September  2015

 


 


 


 


 


 


419

CTTE 06

Minutes of Economic Development and Events Committee meeting held 2 September 2015

Attachment 2

Barangaroo Skills Exchange presentation

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


439

CTTE 06

Minutes of Economic Development and Events Committee meeting held 2 September 2015

Attachment 3

Branding Presentation - Communications

 


 


436

Ordinary Meeting 30 September 2015

Committee Reports

 

CTTE 07

Minutes of the Planning and Development Committee Meeting held on 2 September 2015

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Urban Development Plans

File Ref

237412.2015

Report By

Sheela Naidu - Personal Assistant to Director Planning & Growth

Approved By

Toni Averay – Director Planning & Growth

 

 

Executive Summary

 

This report is tabled in order to present the Minutes of the Planning and Development Committee Meeting held on 2 September 2015.

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the Planning and Development Committee Meeting held on 2 September 2015.

 

REPORT

 

The Minutes of the Planning and Development Committee held on 2 September are attached for the information of Council. The Minutes identify a number of recommendations and actions that Council staff are required 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

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

 

 

 

ATTACHMENTS

 

1.         Draft Planning and Development Committee Meeting Minutes of 2 September 2015View  


447

CTTE 07

Minutes of the Planning and Development Committee Meeting held on 2 September 2015

Attachment 1

Draft Planning and Development Committee Meeting Minutes of 2 September 2015

 


 


 


 


 

 


443

Ordinary Meeting 30 September 2015

Questions with Notice

 

QWN 01

Question with Notice - Clr Harle

 

Strategic Direction

Proud Engaged City

Strengthen and celebrate Liverpool’s unique community identity

Key Policy

Events Strategy

File Ref

220734.2015

 

 

QUESTION WITH NOTICE

 

Please address the following:

 

2.    Reports back to council at the next General Council Meeting with the following;

a.   Who authorised the hire of external Private Security Guards and called the Police, dressed in Riot gear, to this event?

The CEO based on a credible threat and on the advice of the Police and in consultation with the Catholic Club. Police attended of their own volition but were not Riot Squad but general duty Police.

 

b.   When was the decision made to hire Private Security Guards and to call Police, dressed in Riot gear, and on what basis?

On the Thursday and Friday prior to the event and following the evidence of a credible threat on social media.

 

c.   If there were safety concerns surrounding the Christian Orthodox Interfaith Lunch, why were these not mentioned in the CEO's report in the July council meeting four days prior to the lunch?

The information was not available at that time regarding the threats that had been made.

 

d.   Were any threatening advances made to the Mayor, Councillors or distinguished guests during the Christian Orthodox Interfaith Lunch?

No.

 

e.   Was the Christian Orthodox community consulted regarding concerns that may have been expressed at the presence of private security guards and Police dressed in riot gear?

Police were not dressed in riot gear. The CEO nor any staff member present received any comment or concern from attendees on the day of the event.

 

f.    What was the total cost of hiring the Private Security Guards and how where these cost funded? i.e.; was Rate Payers money used to pay for this expense?

The cost of security was included in the cost of staging the event through the Catholic Club which was paid for by Council.

 

g.   Why were the “costs of hiring the Private Security Guards" not tabled at the 27th July Council Meeting four days prior to the Christian Orthodox Lunch as a “Notice of Motion” or an “Amendment to the Notice of Motion” that was raised by Clr Peter Ristevski?

See comments in “C” above.

 

h.   Has this set a precedent for future Liverpool City Council events requiring Private Security Guards and Police attendance and how does that impact on Council financially?

Each instance with be assessed on its merits but where there is a credible threat appropriate action will be taken to ensure the safety of all attendees.

 

i.    Has council addressed all complaints made from the Christian Orthodox community in relation to the appearance of the Private Security Guards and Police dressed in Riot gear?

At this point no formal complaints have been made concerning the use of security personnel and the Police presence.

 

3.   The Mayor writes to all community leaders that attended apologising for the over-reaction of hiring the Private Security Guards and calling Police to the event prematurely.

This was not an overreaction. The actions taken were taken following consultation with Police and were justified to ensure the safety of attendees. Council has a significant Duty of Care which in this case has been appropriately discharged. There is therefore no basis or reason for an apology to be given.

 

 

ATTACHMENTS

 

Nil


445

Ordinary Meeting 30 September 2015

Questions with Notice

 

QWN 02

Question with Notice - Clr Harle

 

Strategic Direction

Natural Sustainable City

Lead the community to develop and implement environmentally sustainable practices

Key Policy

Integrated Environmental Sustainability Action Plan

File Ref

220736.2015

 

 

QUESTION WITH NOTICE

 

Could Councillors be provided with an update on the following issues:

 

1.   Bellfield College:

Council approved a NOM in August 2012, a copy has been attached to this QWN. In relation to the NOM:

a.   Have all conditions of the NOM been carried out?

b.   Councillors to be provided with all relevant information as per NOM.

 

Council records indicate that meetings were held in 2012 on site with the PCA, the school and the concerned residents and Councillors.  Council officers had conducted investigations into concerns regarding unlawful filling and contaminated soil on the school grounds.

 

The investigations related to the unauthorised conversion of an area within the school grounds into a playing /sporting field through unlawful filling.  A development application was subsequently lodged on 25 August 2014 seeking approval for use of the sporting/playing field.  As the application was not determined within the statutory timeframe, the applicant lodged a deemed refusal appeal in the Land and Environment Court.  The matter was heard through a Section 34 conference on site on 28 November 2014. The deferred commencement issued on 5 December 2014 required the applicant to provide a contamination report by a NSW EPA Accredited Site Auditor (Accredited under the Contaminated Land Management Act 1997) in respect of the fill used on site.   The deferred consent had to be addressed within 6 months.  All the other technical issues including flooding had also been assessed and satisfied.

 

On 19 March 2015, the applicant submitted the required site audit report.  The report was reviewed by Council's Environmental Health team and found to be satisfactory.  The applicant was notified on 21 May 2015 that the deferred consent was satisfied and the development consent became operative. There are no current issues with Belfield College.

 

It is noted that in respect of the unlawful filling matter, this was also the subject of a separate Order issued by Council.  The applicant appealed the Order in addition to the deemed refusal. The deemed refusal was heard through the Section 34 conference held on 5 December 2014. Following the determination of the development application and the satisfying of the deferred consent the applicant discontinued the appeal to the order on 17 May 2015.

 

 

2.   Continuing fill at 235 Denhamcourt Road, Denhamcourt.

a.    What is the current status of this site especially as it is evident that fill including large boulders are continuing to be brought onto the site despite a previous Council investigation?

 

A Section 96 modification approval was issued on 12 June 2014 granting approval for minor changes to Development Consent DA-84/2013 which granted approval for a tennis court.  The modification approval imposed conditions requiring the following:

 

·    all fill introduced to the site to undergo a contaminated site assessment;

·    design of rock wall and footings to be prepared by a qualified structural engineer;

·    sediment and erosion control measures to be implemented and maintained during works; and

·    removal of any unapproved fill.

 

A construction certificate for current works on site was issued by a private certifier. A certificate was provided to Council regarding the contaminated soil assessment.  A recent inspection by Council officers found that work on site was progressing in accordance with the approval and no compliance issues were identified.  There was no excess fill on site and satisfactory sediment and erosion control measures were in place.  However it is noted that works are still underway and Council officers will continue to monitor until completion.

 

General

 

At the Planning and Development Committee meeting of 2nd September, it was agreed that officers will ensure that Councillors are kept informed regarding development applications and other compliance matters where there is strong community interest.

 

 

ATTACHMENTS

 

1.         NOMO 02 - Bellfield College


447

QWN 02

Question with Notice - Clr Harle

Attachment 1

NOMO 02 - Bellfield College

 


448

Ordinary Meeting 30 September 2015

Questions with Notice

 

QWN 03

Question with Notice - Clr Stanley

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Property Strategy

File Ref

220739.2015

 

 

QUESTION WITH NOTICE

 

Since the closure of the bowling club early last year there is nothing close to the CBD of Liverpool that provides spaces for older Liverpool residents for sport and recreation.

 

What has been planned to replace recreation opportunities for older Liverpool residents given the explosion of residential units currently under construction?

 

Opportunities for sport, recreation and leisure are critical for all members of our community. For the seniors in our community, these programs can help reduce isolation, provide health benefits and give opportunities for pleasurable, social experiences.

 

Within the city centre, there are a number of opportunities for seniors to actively participate. These include programs run through:

 

Liverpool Senior Citizens

Location: Hilda M Davis Centre

Description: Card games, social events, movie showings

 

Liverpool U3A School for Seniors Inc.

Location: Dr. Pirie Community Centre

Description: Liverpool U3A are running classes for seniors aged 50 and above. Classes include aqua-aerobics, computing and internet, creative writing, drawing, euchre, French, oil painting, oldtime/new vogue dancing, patchwork and needlework, tai chi, yoga, topical discussion group, china painting, water colour, Australian & local history, art appreciation, Chinese painting, calligraphy, craft and social walking group. Australian Native Plants; Meditation; Numeracy; Photography; Trivia

 

 

 

 

 

Liverpool District Men's Shed

Location: 31 Shepherd St, Liverpool NSW 2170

Description: Provides a workshop well equipped with electrical tools, hand tools and materials. Woodwork and handicraft projects are the major activities performed. Provides supervision and assistance.

 

Liverpool Migrant Resource Centre

Location: 108 Moore St, Liverpool NSW 2170

Description: : The Liverpool MRC provides information and referral on settlement issues to newly arrived migrants and refugees settling in the Liverpool LGA . We offer a range of programs including English classes, multicultural playgroups and arts projects. We also offer support and capacity building to CALD groups, new and emerging communities, women, youth and other groups through community development services such as groups, playgroups, senior support and youth programs.

 

Our own library service provides:

 

Broadband for Seniors

Description: Provides lessons on Computer Basics, Internet, e-mail, Windows 8, photo-sharing, social media for seniors.

 

Tech Savvy Seniors - Liverpool City Library

Description: A joint initiative of TELSTRA and the State Government providing FREE Internet lessons to seniors. Liverpool Library and MacArthur Community College have joined hands to deliver the program.

 

The library also provides activities including Book Chats, Liverpool Knitters Group, Family History Fridays monthly at the Museum, and a range of museum events and library talks that while not specifically targeted to the seniors community are all very popular with that demographic. The library also holds a large collection of large print fiction and non-fiction on topics that may be of interest to the seniors community including healthy ageing, finance etc.

 

The Whitlam Centre has membership and entrance options for the seniors community and are actively targeting this group for fitness and healthy ageing initiatives.

 

Further out from the CBD, Casula Powerhouse has regular matinee performances and seniors friendly workshops and events.

 

Both the library and Casula Powerhouse have increased their programming for the seniors community in recent years and will continue to do so. We will also continue to support seniors groups through the use of space in community centres and through promoting their activities through our community directory and other relevant opportunities.

 

ATTACHMENTS

 

Nil


450

Ordinary Meeting 30 September 2015

Questions with Notice

 

QWN 04

Question with Notice - Clr Stanley

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

NA

File Ref

246300.2015

 

 

QUESTION WITH NOTICE

 

Files lost in August 2010 Fire

 

Some time ago a report was furnished of Council regarding files etc lost in the Council Building Fire. Recently I have been made aware of another item that is not able to be found subsequent to the fire.

 

1.   Can officers provide a follow up report to Council regarding issues of missing files, and a copy of the original report, please.

 

2.   Is a list/report etc being kept as it emerges that files or DA’s are not able to be found?

 

3.   How is a determination made when items are unable to be located that it is because of the fire? As the fire was 5 years ago could there be other explanations why files are missing?

 

4.   Is it possible and if so what would be the cost for a comprehensive audit to determine what is missing? Was this done at any time since the fire in 2010?

 

5.   Has this issue been discussed at the Audit and Risk Committee to determine whether Council has / should have concerns regarding risk to its business? If so, what was the outcome?

 

6.   How often are audits done on the completeness of details of Council’s files and reports?

 

7.   What actions are in place to ensure that all files are captured on the computer network?

 

A response to these questions will be provided in the October 2015 Business Papers.

 

 

 

ATTACHMENTS

 

Nil


452

Ordinary Meeting 30 September 2015

Questions with Notice

 

QWN 05

Question with Notice - Clr Stanley

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

246304.2015

 

 

QUESTION WITH NOTICE

 

Please address the following:

 

1.    Have Council Officers had discussions, pre-DA meetings or any other correspondence with the DeAngelis Group or any other parties with the purpose of formulating a new DA for the site 467 HUME HIGHWAY CASULA NSW 2170 also known as Fontainebleau Motel.

 

a)   if so, please provide details the nature, content and purpose of these discussions

b)   are  Council officers aware of when any application maybe expected to be lodged

c)   if an application is lodged for this site can Councillors be advised immediately by email.

 

2.    Are Council officers aware of discussion owners may have had with local schools regarding a VPA for the site. Does this negotiation have any weight and have officers been involved in such negotiations?

 

3.    Are Council officers aware of any organisations in addition to Casula Public School, that have been approached by representatives of the De Angelis Hotel group to consider/sign a VPA with them?

 

4.    Is Council aware of anyone who has refused to enter into such VPA agreements?

 

5.    When or have Council officers engaged in any discussions with Police concerning a possible new DA for the hotel? Are there minutes or similar available from any meetings of this type.

 

6.    What are the implications of VPAs on the Council and IHAP planning assessment and approval process?

 

 

 

7.    Could Council officers determine what legal avenues there are  to oppose on negative social impact grounds under the NSW Liquor and Gambling laws, the move of 30 poker machines from the New Commercial Hotel in Liverpool to a proposed hotel in Casula –within the same LGA, should this be part of any proposal put to Council in the future.

 

8.    Are officers aware if and when an application is expected for the site?

 

A response to these questions will be provided in the October 2015 Business Papers.

 

 

 

ATTACHMENTS

 

Nil


454

Ordinary Meeting 30 September 2015

Questions with Notice

 

QWN 06

Question with Notice - Clr Stanley

 

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

246307.2015

 

 

QUESTION WITH NOTICE

 

Please address the following:

 

1.   Can I be advised the costs in relation to industrial matters including legal fees for the following financial years:

 

·    2012-2013

·    2013-2014

·    2014-2015

 

2.   How does this compare to costs for the previous Council term 2008-2012, by financial year.

 

 

A response to these questions will be provided in the October 2015 business papers.

 

 

 

ATTACHMENTS

 

Nil