Agenda of Ordinary Meeting

Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 24 June 2020.................................................................... 7

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Chief Executive Officer Report

CEO 01 Annual Report to Council by the Internal Ombudsman.................................. 51......... 1

CEO 02 Review of Media Policy................................................................................... 56......... 2

CEO 03 Endorsement of Delivery Program 2017-2022 and Operational Plan and Budget 2020-21 (including Statement of Revenue Policy) - To be provided in Addendum Booklet.

City Economy and Growth Report

EGROW 01 Rebuilding Liverpool's Economy update........................................................ 65......... 3

EGROW 02 Report back - Reference Group Charter Companion Animal Advisory Committee 74 4

EGROW 03 Planning proposal request to rezone land from RE2 (Private Recreation) to R3 (Medium Density Residential) at 146 Newbridge Road, Moorebank............. 81......... 5

EGROW 04 Planning proposal to amend the dwelling density map in the Liverpool Local Environmental Plan 2008 for certain lands in Pleasure Point........................ 89......... 6

EGROW 05 Clean Air for Liverpool.................................................................................... 95......... 7

EGROW 06 Business Resilience Grants.......................................................................... 111......... 8

City Community and Culture Report

COM 01 Grants, Donations and Corporate Sponsorship........................................... 119......... 9

COM 02 Carnes Hill Recreation Precinct Stage 2 Masterplan................................... 126....... 10

City Corporate Report

CORP 01 Investment Report June 2020..................................................................... 137....... 11

CORP 02 Local Government Remuneration Tribunal Annual Report and Determination under sections 239 and 241 of the Local Government Act 1993........................... 146....... 12

City Presentation Report

NIL

City Infrastructure and Environment Report

INF 01 Wianamatta South Creek Flood Study Update............................................ 169....... 13

INF 02 Conservation of Koala Habitat Corridors...................................................... 178....... 14

Committee Reports

CTTE 01 Liverpool Sports Committee Minutes of meeting held 28 May 2020........... 182....... 15

CTTE 02 Minutes of the Liverpool Youth Council Meeting held Wednesday 3 June 2020. 193 16

CTTE 03 Minutes of the Community Safety and Crime Prevention Advisory Committee meeting held on 4 June 2020....................................................................... 201....... 17

CTTE 04 Notes of the Liverpool Access Committee meeting held on 11 June 2020. 206....... 18

CTTE 05 Minutes of the Aboriginal Consultative Committee meeting held on 7 May 2020 213 19

CTTE 06 Minutes of Strategic Panel Meeting held on 9 June 2020........................... 218....... 20

CTTE 07 Minutes of the Tourism and CBD Committee meeting held on 23 June 2020 224 21

Questions with Notice

QWN 01 Question with Notice - Clr Hagarty - Appeal Powers Against Land and Environment Court Decisions............................................................................................. 229....... 22

QWN 02 Question with Notice - Clr Kaliyanda - Processing of Organic Waste in the Liverpool LGA............................................................................................... 230....... 23

Notices of Motion

NOM 01 Georges River Koala Park............................................................................ 231....... 24

NOM 02 Women's Football World Cup in the Liverpool LGA..................................... 233....... 25

NOM 03 Better Funding of Health Services in Liverpool............................................ 235....... 26

NOM 04 Toll Mania..................................................................................................... 237....... 27

NOM 05 Animal Welfare Advisory Committee............................................................ 240....... 28

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 Fire and Rescue NSW Referrals

Reason: Item CONF 01 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 02 Acquisition of Lot 2 DP1263707 being part of 285 Fifteenth Avenue, Austral for drainage purposes

Reason: Item CONF 02 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CONF 03 COVID-19 Variation of Leisure Centre Management Contract ST2492

Reason: Item CONF 03 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 04 Animal Shelter Update

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

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 Legal Affairs Report - 1 April 2020 to 30 June 2020

Reason: Item CONF 06 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 07 Liverpool Civic Place Independent Review

Reason: Item CONF 07 is confidential pursuant to the provisions of s10(A)(2)(d i) (g) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Close

MINUTES OF THE Ordinary Meeting

HELD ON 24 June 2020

PRESENT VIA VIDEO CONFERENCING:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Mr Tim Moore, Acting Chief Executive Officer

Mr George Hampouris, Acting Director City Corporate

Dr Eddie Jackson, Director City Community and Culture

Mr Peter Patterson, Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

Mr David Smith, Acting Director City Economy and Growth

Mr David Maguire, Internal Ombudsman

Mr Vishwa Nadan, Chief Financial Officer

Mr Andrew Stevenson, Chief Strategy and Engagement Officer

Ms Tina Sangiuliano, Strategic Organisational Change Manager

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

Mr George Georgakis, Manager Council and Executive Services

Ms Susan Ranieri, Coordinator Council and Executive Services (minutes)

The meeting commenced at 6.00pm.

STATEMENT REGARDING WEBCASTING OF MEETING

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

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

The prayer of the Council was read by the Acting Chief Executive Officer, Mr Tim Moore.

APOLOGIES

CONDOLENCES

Nil.

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That the minutes of the Ordinary Meeting held on 27 May 2020 and Extraordinary Meeting held on 9 June 2020 be confirmed as a true record of those meetings.

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

Declarations of Interest

Clr Shelton declared a pecuniary interest in the following item:

Item: NOM 03 – Sustainable Energy.

Reason: Clr Shelton has shares in a company referred to there.

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

Clr Kaliyanda declared a nonpecuniary but significant interest in the following item:

Item: CONF 01 - Liverpool Youth Council - Membership Nominations for term

2020 – 2022.

Reason: One of the nominated members has done some work with Clr Kaliyanda’s Youth Reference Group at Headspace Campbelltown and is known to her.

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

Clr Hadchiti declared a nonpecuniary but significant interest in the following item:

Item: CONF 01 - Liverpool Youth Council - Membership Nominations for term

2020-2022.

Reason: Clr Hadchiti knows one of the nominees.

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

Public Forum

Presentation – items not on agenda

Nil.

Representation – items on agendaI

Written submissions for items on agenda

1. Mr Robert Pinosa made a written submission to Council on the following item:

EGOW 05 - Street Naming Requests - Austral, Edmondson Park and Prestons

This submission has been circulated to Councillors.

Mr John Wynne from Urbis made a written submission to Council on the following item:

EGROW 04 – Planning Proposal Request to rezone land and amend development standards at 1400 – 1480 Elizabeth Dr, Cecil Park.

This submission has been circulated to Councillors.

Mr James Stanton-Cooke from Lock the Gate Alliance made a written submission to Council on the following item:

EGROW 03 - Sustainable Energy

This submission has been circulated to Councillors.

ITEM NO: QWN 02

FILE NO: 139293.2020

SUBJECT: Question with Notice - Clr Harle - Compliance, Private Certifiers and Private Certifying Authorities

Background

Since Compliant Development has been introduced by State Governments some two decade ago, there have been numerous issues where noncompliant development has occurred. The main concern is where the health and safety of the community is compromised. When this occurs, the obligations to address such issues passes onto the Private Certifier (PC) or Private Certifying Authority (PCA) responsible for the lodgement of the initial Development Application (DA). A copy of the DA must be lodged with Council to ensure it is aware of the development and its conditions. If the PC or PCA fails to address the issue it can be reported to the relevant authority for further action. Unfortunately further action rarely occurs as the complainant may not have the necessary resources required to do so, hence the matter remains unresolved.

Where noncompliance involves the health and safety of the community Local Councils need to act quickly, irrespective of the costs involved. The latter is based on its “Duty of Care” obligations to the community.

Currently, if residents suspect noncompliance issues within a development, they are informed to contact the PC or PCA responsible for the DA. Unfortunately, most residents don’t have the resources to take the matter further which often results in nothing being done to address the issues.

For those issues that manage to get addressed, any forthcoming action may take several weeks, months or sometimes years, however, for those involving illegal or contaminated fill it is usually too late to mitigate any negative effects for the foreseeable future.

Unfortunately, the Environment Protection Authority (EPA) also follows the State Governments’ recommendation of informing the PC or PCA to address any issues of non-compliance. It is only when the Health and Safety of the Community is at risk that the EPA may investigate, however, noncompliance such as the amount of fill is not their responsibility and falls back on the PC or PCA and we are back where we started.

Please address the following:

1. Does Council have a procedure or action in place to ensure a Development Applications (DA) made by a Private Certifier (PC) or a Private Certifying Authority (PCA) complies with their conditions of consent?

a. If noncompliance is suggested by concerned residents, how is that action triggered?

b. What is Council’s procedure if non-compliance continues despite Council action?

c. How can Council ensure that compliance does occur, especially those impacting on community health and safety?

d. Is Council legally responsible for any subsequent health and safety risks to the community due to noncompliance it was made aware of?

2. Will changes to the “Building and Development Certifier Act 2018”, due to take effect as of 1^st July 2020, impact on the points raised in 1, a to d?

Response

A private certifier can determine applications for complying development certificates, construction certificates and occupation certificates. They can also be nominated as the Principal Certifier whose role is to carry out inspections of building work to determine compliance with legislative requirements and conditions of consent. In addition the Principal Certifier can take action to address non-compliant work and, if needed report, it to Council if any non-compliances are ongoing.

Certifiers do not determine development applications. Council has no legal responsibility to check certificates issued by certifiers. Private certification has been in place since 1998 and accredited private certifiers are public officials who are required to act with integrity and impartiality . They are accredited under the Building Professionals Act 2005 and regulated by NSW Fair Trading.

Generally if a resident contacts Council regarding non-compliance with building work on a privately certified site the resident is asked to contact the certifier in the first instance. The certifier’s responsibility is to investigate the complaint and if non compliance is detected the certifier under the Environment Planning and Assessment Act is required to issue a Written Direction. If the direction is not complied with the certifier will notify Council and Council officers will then issue notice/order.

Generally issues relating to hours of construction, occupation of footpath/road contrary to development consent and sediment control are all dealt with by council officers without referral to the certifier even if the site is privately certified as these issues impact resident’s amenity and the environment.

In some instances where the certifier does not take adequate action Council does intervene and take enforcement action. Anyone can report a certifier, if they have grounds to do so, to the Building Professionals Board.

a. If noncompliance is suggested by concerned residents, how is that action triggered?

As mentioned above residents are directed to the certifier in the first instance.

b. What is Councils procedure if non-compliance continues despite Council action?

If Council is involved a notice is issued followed by an order and if non compliance continues legal action is taken.

c. How can Council ensure that compliance does occur, especially those impacting on community health and safety?

Under the legislation it is not Council’s role to check on certifiers to ensure compliance, however as mentioned above if Council intervenes then a notice/order can be issued and ultimately legal action pursued.

d. Is Council legally responsible for any subsequent health and safety risks to the community due to noncompliance it was made aware of?

It is the Principal Certifier who is responsible for the work on site and if Council is not the nominated Principal Certifier then Council is not responsible.

2. Will changes to the “Building and Development Certifier Act 2018”, due to take effect as of 1^st July 2020, impact on the points raised in 1, a to d?

The new legislative framework regulates the conduct of certifiers by providing for new conflict of interest provisions and establishes a code of conduct. The Building Professionals Board will be abolished and the certifiers will be fully regulated by NSW Fair Trading. It is expected that Certifiers who do not comply with the new legislative framework will not be able to continue to be registered.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Rhodes

That Council:

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

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

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

ITEM NO: NOM 02

FILE NO: 152349.2020

SUBJECT: Public Sector Hub

BACKGROUND

For the past 3 months, the nation has effectively been run from home. The COVID-19 lock-down has proven the ability of the workforce, in particular the public sector, to work outside of the traditional office environment.

Over the last decade, the Liverpool CBD has lost a host of public sector jobs.

As the world contemplates what work in the post COVID-19 world looks like, some have raised the idea of local satellite offices for workers. The satellite 'hubs' would provide public sector workers with the option of travelling a short distance to their local CBD rather than the Sydney or Parramatta CBDs where most public sector agencies are based.

A local public sector hub has numerous benefits:

· reduces traffic congestion

· reduces overcrowding on public transport

· improves work life balance

· stimulates the local economy

With Liverpool positioning itself as the third CBD, it is the perfect location for a public sector hub.

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council:

1. Lobby the State and Federal Governments for public sector hot desking hubs to be located in the Liverpool CBD;

2. Work with developers and landlords to find suitable locations in the Liverpool CBD for public sector hot desking hubs; and

3. Report back on progress in 6 months.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Hadid

That Council:

1. Lobby the State and Federal Governments for public sector working hubs to be located in the Liverpool CBD;

2. Work with developers and landlords to find suitable locations in the Liverpool CBD for public sector working hubs; and

3. Report back on progress in 6 months.

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

Clr Shelton left the meeting at 7:13pm.

ITEM NO: NOM 03

FILE NO: 152495.2020

SUBJECT: Sustainable Energy

BACKGROUND

In November 2019, Council indicated its support for a Renewable Solar Power Purchase Agreement negotiated by WSROC. Liverpool Council is also one of 18 local councils that are part of a Local Government Power Purchase Agreement, where Origin Energy supplements the energy needs of our community. Furthermore, in October 2017, Council joined the Cities Power Partnership, an initiative of the Climate Council of Australia seeking to accelerate the benefits of emissions reduction and clean energy for Australian towns and cities.

The use of hydraulic fracturing (fracking) to extract gas presents significant environmental risks. The use of chemicals in the process presents a potential contamination hazard to water resource. Significantly, fracking results in increase greenhouse gas emissions through the use of the fuel itself as well as through the escape of gases, such as methane, during the extraction process. Banning the use of fracking right across the country presents the most effective strategy to eliminate these environmental hazards.

Furthermore, the recent destruction of a 46,000 year-old Aboriginal cultural site in WA as part of a mining operation by Rio Tinto shows the impact that such processes could have on local environments and cultural heritage.

On a local level Council is investing in a wide range of initiatives designed to increase the use of sustainable energy and reduce the urban heat island effect. Some of these initiatives include purchasing sustainable energy, installing solar systems on Council properties and encouraging schools, residents and businesses to install solar panels on their buildings, transitioning to the use of electric fleet vehicles and installing heat pumps at pools and leisure centres. Rejecting the use of damaging processes, such as fracking, and simultaneously increasing the use of renewable energy are both vital if we hope to limit the worst impacts of climate change.

NOTICE OF MOTION (submitted by Clr Kaliyanda)

1. Write to Origin Energy:

• Noting Council’s Power Purchase Agreement with Origin Energy, through SSROC, 20% of which is currently sourced from the Moree Solar Farm;

• Expressing our support for the traditional owners and communities in the Northern Territory who have expressed their strong opposition to fracking due its threats to the climate and to their lands, waters and rights; and

• Requesting that Origin Energy cease all plans to conduct fracking in the Northern Territory and elsewhere due to its impact on the climate, communities, environment and water, and commit to further investment in environmentally and socially sustainable renewable energy projects.

2. Forward a copy of the letter referred to above to all NSW Regional Organisation of Councils and Joint Organisations.

3. Writes to all state and territory Energy and Environment ministers urging them to implement, strengthen or retain permanent bans on the use of hydraulic fracturing (fracking) to extract gas within their jurisdictions.

4. Continues to increase the use of sustainable energy for its operations.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Hagarty

1. Write to Origin Energy:

• Noting Council’s Power Purchase Agreement with Origin Energy, through SSROC, 20% of which is currently sourced from the Moree Solar Farm;

2. Forward a copy of the letter referred to above to all NSW Regional Organisation of Councils and Joint Organisations.

4. Continues to increase the use of sustainable energy for its operations.

5. That Council provide a briefing meeting before September Council meeting inviting WSROC to present to Councillors and the financial management team of Council, information relating to the opportunity for Council to participate in a Power Purchase Agreement through WSROC Limited through a 10 year Power Purchase Agreement on offer from renewable energy developer GENX Power.

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

Councillors voted unanimously for this motion.

Note Clr Shelton was not in the meeting when this item was voted on.

Clrs Kaliyanda and Hadchiti left the meeting at 7.55pm.

ITEM NO: CONF 01

FILE NO: 130196.2020

SUBJECT: Liverpool Youth Council - Membership Nominations for term 2020-2022

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That Council:

1. Adopts the new members nominated by the Selection Panel to be appointed to the Liverpool Youth Council for the 2020-2023 term.

The names of the nominated members are listed below:

· Ella-Jay Nuttal

· Jorja Suga

· Alyssia Dower

· Vishal Senthilkumar

· Sonia Sharma

· Mikaela Jenkins

· Mustafa Sawalhi

· Emily D’Silva

· Simbarashe Zimbudzana

· Phillip Gigliotti

· Elise Vadala

· Adrian Lal

2. The Liverpool Youth Council Charter section 9 - Term of Office be amended to increase the membership term from two years to three years as follows:

9. TERM OF OFFICE

9.1 Youth Council members serve a three-year term, with a maximum of two consecutive terms served by any one member (i.e. members can serve a maximum of six years).

9.2 A young person appointed to the Youth Council will continue as a member until the Youth Council is disbanded at the end of the three-year term.

3. At the end of the Youth Councillors’ service a letter be sent from the Mayor (on behalf of the Councillors) to congratulate and thank them for their years of commitment.

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

Clr Hadchiti and Clr Kaliyanda returned to the meeting at 8.00pm.

ITEM NO: CONF 03

FILE NO: 328535.2019

SUBJECT: ST2755 Building and Amenities Cleaning Services

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Rhodes

That Council:

In accordance with Section 178(1) (b) of the Local Government (General) Regulation 2005, declines to accept all tenders received for ST2755 – Building and Amenities Cleaning Services.

In accordance with Section 178 (3) (e) of the Local Government (General) Regulation 2005, enter into negotiations with Advanced National Services Pty Ltd (T/A Advanced Cleaning), Solo Services Group Australia Pty Ltd and Service Master Solutions Cleaning Pty Ltd with a view of entering into a contract covering the subject matter of the tender.

In accordance with Section 178 (4) of the Local Government (General) Regulation 2005, notes that the reasons for entering into negotiations and not calling fresh tenders are:

a. Significant variation in the price, quantity of service and charge out rates of the submissions received.

b. Clearer scope, service expectation and KPI’s can be established;

c. Rates and fixed services prices can be negotiated resulting in better value for Council and quantifiable savings;

d. No benefit will be achieved by inviting fresh tenders in view of the time and cost involved in such a process.

Delegate to the Chief Executive Officer all necessary authority to finalise and execute a contract with a party or parties ultimately determined to present the best value for the provision of the specified services.

This report has been brought to Council because the Chief Executive Officer’s instrument of delegation, approved by Council in accordance with the current provisions of section 377 of the Local Government Act 1993, only permits the Chief Executive Officer to approve (and not to reject) tenders up to a value of $2 million. Therefore, subclauses 178(3) and 178(4) of the Local Government (General) Regulation 2005 require a decision not to accept any of the tenders for a proposed contract to be made by way of a Council resolution.

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

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

Councillors voted unanimously for this motion.

ITEM NO: CONF 02

FILE NO: 150575.2020

SUBJECT: Appointment of Acting Chief Executive Officer

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That Council:

1. Note the current CEO Kiersten Fishburn’s resignation effective 26/06/2020.

2. Acknowledge and thank Ms Kiersten Fishburn for her service to Liverpool for the past nine years in various roles.

3. Note that it was the intention of this Council to allow the new Council which would have been in place in September 2020 to determine the holder of the CEO’s position, but due to COVID-19 the Minister for Local Government has announced that Council elections will not take place till September 2021.

4. Undertake a competitive process of appointing the Chief Executive Officer.

5. Immediately seek the services by way of RFQ for a suitable independent consultant to assist in the recruitment process.

6. Establish a working group with delegation from Council to undertake the following tasks:

a. Work with the appointed independent consultant to draft and finalise a Position Description for the Chief Executive Officer role;

b. Provide instruction to the appointed independent consultant on advertising and interview arrangements;

c. With guidance and assistance from the appointed independent consultant, complete interviews for the role and undertake an assessment of the interviewed candidates;

d. With guidance and assistance from the appointed independent consultant, negotiate and agree on in-principle contract terms, subject to approval by Council, with the preferred candidate;

e. With guidance and assistance from the appointed independent consultant, prepare a report to the Council that provides a detailed assessment of the interviewed candidates, and makes a recommendation for appointment by the Council.

7. Appoint the Mayor or her Councillor delegate, Clr Balloot or their Councillor delegate and Clr Harle or their Councillor delegate to the working group noting that any Councillor may attend any meetings as an observer and have access to any documents throughout the process.

8. Notes that the final decision to appoint a Chief Executive Officer will be made by the Council, as required by s.344 of the Local Government Act 1993.

9. Appoints Dr Eddie Jackson as Acting Chief Executive Officer, with all delegated authority currently assigned to the position of Chief Executive Officer, for up to 12 months from Monday 29 June 2020 (inclusive) or until such time as a new permanent Chief Executive Officer is appointed, and commences the position, whichever is the lesser period.

10. Delegate authority to the Mayor to negotiate, on behalf of Council, suitable terms with Dr Eddie Jackson for their appointment to the role of Acting Chief Executive Officer.

11. Note that once a permanent Chief Executive Officer is appointed a separate Committee will need to be established to set and monitor key performance indicators for the Chief Executive Officer.

On being put to the meeting the motion was CARRIED.

Mayor Waller asked that she be recorded as having voted against the motion.

OPEN SESSIOn

Council moved back into Open Session at 8.43pm.

Mayor Waller then read out the resolutions for EGROW 01, COM 01, CONF 01, CONF 02,

and CONF 03 which were passed in Closed Session (Note, Mayor Waller asked that her

name be recorded against the motion for CONF 02).

THE MEETING CLOSED AT 8.47pm

Name: Wendy Waller

Title: Mayor

Date: 29 July 2020

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 24 June 2020. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Ordinary Meeting

29 July 2020

Chief Executive Officer Report

CEO 01

Annual Report to Council by the Internal Ombudsman

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	176066.2020
Report By	David Maguire - Internal Ombudsman
Approved By	Dr Eddie Jackson - Acting Chief Executive Officer

Executive Summary

Council’s Internal Ombudsman Policy requires that the Internal Ombudsman (IO) must submit an annual report to Council. The annual report for 2019-2020 is set out below.

RECOMMENDATION

That Council receive and note the annual report presented by the Internal Ombudsman.

REPORT

1. Reporting requirements

Clause 4.15.1 of Council’s Internal Ombudsman Policy requires that the IO shall provide “an annual report to Council on the performance of the functions and duties of the IO under this policy. The report to Council shall include a summary of matters dealt with by the IO in the previous 12 months”.

The IO is also required to submit biannual reports to the Audit, Risk and Improvement Committee, biannual reports on public interest disclosures (PIDs) to the NSW Ombudsman and an annual report on Code of Conduct complaints statistics to the Office of Local Government (the OLG) and to Council.

2. The role of the IO

In addition to his complaint handling role under the Internal Ombudsman Policy, the IO acts as Council’s Code of Conduct Complaints Coordinator, Disclosures Coordinator and Privacy Contact Officer. The IO also provides advice to the CEO on possible referrals to ICAC under section 11 of the Independent Commission Against Corruption Act 1988 as well as advice to Council staff in regard to matters associated with these roles.

3. Review of Council policies and processes

During the past 12 months, the IO has reviewed and received approval for the following Council policies:

· Employee Security and Workplace Surveillance Policy (operational policy)

· Ethical Governance: Internal Reporting Policy (operational policy)

· Privacy Policy

In terms of Council processes, during the past 12 months, the IO has:

· requested various Council business units to update information on their work and responsibilities on Council’s website

· recommended that Council staff use their direct phone numbers (not the 1300 36 2170 number) in their communications with members of the public

· reviewed the procedure for use of two-way radios by Council staff

· drafted privacy information statements for users of Council car parks

· provided advice to Council staff and government agencies on requests for landowner details by Commonwealth and NSW agencies

· reviewed processes for the storage, security and disposal of health information collected

by Council

· provided feedback on the Draft Audit Report on CCTV Management Compliance

· provided training to Depot managers on fact finding and investigation processes concerning allegations of misconduct against Council staff

· provided advice about de-identification of personal information and the avoidance of data breaches for Council’s Data Management Strategy Project

· sought improved collaboration by Council’s compliance, environmental health, legal and development assessment teams in dealing with compliance matters where retrospective approval is sought by property owners because of complaints and notices/orders issued about unauthorised buildings, structures or activities undertaken, on their properties

· provided advice to Depot staff on anonymous complaints and Council’s internal reporting process.

4. Complaints statistics

The table below summarizes complaints received and dealt with by the IO for the period from 1 July 2019 to 30 June 2020 (the numbers in brackets refer to the previous 12 months):

Type of complaints referred to IO	Number referred	Number completed
NSW Ombudsman/ other agencies	8 (8)	7 (8)
Mayor, Councillors and the CEO	40 (44)	41 (44)
Code of Conduct complaints and queries	21 (18)	21 (16)
Members of public – general complaints	244 (178)	240 (177)
Public interest disclosures	7 (8)	13 (1)
Privacy complaints	3 (3)	3 (3)
Total	323 (259)	325 (249)

5. Public interest disclosures (PIDs)

Below is a summary of the two biannual reports submitted to the NSW Ombudsman by the IO (as Disclosures Coordinator) for the reporting period 1 July 2019 - 30 June 2020, as required by section 6C of the Public Interest Disclosures Act 1994:

Number of public officials who made PIDs to Council	7
For PIDs received, how many were primarily about:
Corrupt conduct:	3
Serious and substantial waste:	0
Maladministration:	0
Government information contravention:	0
Local government pecuniary interest contravention:	4
Number of PIDs received since 1 July 2019:	7
Number of PIDs finalised since 1 July 2019:	13
Allegations of corrupt conduct substantiated:	0
Allegations of local government pecuniary interest contravention substantiated:	0

It should be noted that the three PIDs alleging corrupt conduct were referred, after consultation with ICAC, to external Code of Conduct reviewers who found no evidence in any case to substantiate the PID allegations.

Similarly, four PID allegations of local government pecuniary interest contravention were referred to and investigated by the Office of Local Government and were not substantiated.

However, both Councillors and Council staff need to be mindful that the Code of Conduct places the onus on them to identify and manage any conflicts of interests. The IO is of the opinion that, especially in regard to matters such as rezoning applications and compliance issues involving close family members, some Councillors and Council staff may occasionally be mistaking conflicts of interests as “non-pecuniary non-significant” when these conflicts of interests may indeed be “non-pecuniary and significant”, in which case they should not be involved in any decisions relating to such matters.

6. Written advices

The table below sets out the number of written advices provided to the CEO and members of

Council staff, in relation to the roles and responsibilities of the IO for the period from 1 July 2019 to 30 June 2020 (The numbers in brackets refer to the previous 12 months.):

Types of written advice	Number provided
General advices (excluding privacy	129 (97)
Privacy and data breach advices	47 (28)
TOTAL	176 (125)

7. Ongoing learning and development

During the past 12 months, the IO attended two meetings (one online) of the NSW GIPA and Privacy Practitioners Network, four meetings (one online) of the Internal Ombudsman Network, two meetings (one online) of the Local Government Internal Counsel network and the annual Law Society of NSW Government Solicitors Conference.

8. Retirement of the IO

The IO will retire from Council on 5 August 2020, having served a three year term.

A recruitment process is now underway for the IO position. It should be noted that a member of ARIC should be a member of the selection panel for the new IO in accordance with clause 4.18.1 of the Internal Ombudsman Policy. The Mayor should also be consulted by the CEO prior to approval of the appointment of the IO by the CEO.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct
Legislative	Health Records and Information Privacy Act 2002 section 67 Independent Commission Against Corruption Act 1988 sections 10 and 11 Local Government Act 1993 sections 8A(2)(e) and 440AA Privacy and Personal Information Protection Act 1998 sections 33 and 53 Public Interest Disclosures Act 1994 sections 6CA and 6D Work Health and Safety Act 2011 sections 20 and 21
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

29 July 2020

City Economy and Growth Report

EGROW 01

Rebuilding Liverpool's Economy update

Strategic Direction	Generating Opportunity Attract businesses for economic growth and employment opportunities
File Ref	138950.2020
Report By	Julie Scott - Manager City Economy
Approved By	Tim Moore - Director, City Economy and Growth / Deputy CEO

Executive Summary

At Council’s meeting on April 16 2020, a package of measures was adopted to respond to the challenges local businesses are facing because of the COVID-19 crisis. The package is designed to meet the short-term issues being faced by the business community and to build resilience and capacity over the longer term.

RECOMMENDATION

That Council receive and note the report.

REPORT

Small businesses in Liverpool have been severely impacted by the COVID-19 crisis and thousands of local jobs have been lost. In response Council adopted a $210,000 Rebuilding Liverpool’s Economy package, developed by Council’s City Economy (CE) team, at its Extraordinary meeting on April 16, 2020.

The package uses repurposed existing budget to not only address the short-term crisis but build long term capacity to withstand future shocks.

To deliver the package swiftly, the team temporarily restructured to focus on delivering specific initiatives in the CBD, LGA and policy/communications. Casula Powerhouse Arts Centre front-of-house staff also joined the team to assist with one-on-one communication with businesses.

This report outlines the progress on initiatives to support local businesses.

Business Resilience Grants

On June 9, 2020 Council adopted a recommendation to award 50 businesses with grants of up to $5000. Council received 194 applications for the grants. A total of 28 CBD businesses received $107,000 from the City Development Fund and 22 businesses in the greater Local Government Area received grants to the value of $66,000. All grant agreements were signed and processed by the end of June. Positive comments were received from grant recipients including the following:

“The Council and Chamber have been on the front foot since COVID restrictions commenced and have implemented many strategies to support businesses in the region to help get through this… I want to highlight the support they are giving locals and how hard the staff are trying their best to support all businesses, as best as possible… The grant money will be used locally and this will help not just our business, but the local economy. Thank you to the Council and the Chamber for your ongoing support for the small businesses in the region. The support is truly appreciated by many.”

Support and Buy Local campaign

A Support and Buy Local campaign implemented during April, May and June will continue to roll out in the new financial year. Activities have so far included two monthly online #LoveLivo Live events, a local open-for-business business directory, the creation of digital assets for business and community use and the development of a Love Local campaign.

#LoveLivo Live

Two #LoveLivo Live events were broadcast on Facebook. The second edition was held on Thursday 28 May with singer-songwriter Bek Ferro, rapper LiCoN and R’n’B singer Kealoana, and host Youth Council member Vishal. During the event 6527 people were reached, 949 engaged and it received 1.5 million views. The live streams have increased engagement on Facebook by 157 per cent.

CE staff are working with local hip-hop artist artist L-FRESH The LION on the digital release of his new album for 30 July at 4pm on Council’s Facebook page. The event is funded by the NSW Government Making Spaces grant and will be streamed live on Council’s Facebook page and filmed to be played on the Urban Screen in Macquarie Mall throughout the remainder of 2020.

Activation events are now transitioning from virtual to live due to the easing of restrictions.

Local Business Directory

A local directory for businesses to advertise their opening hours and offerings on Council’s website was developed in collaboration with Council’s Digital and Design Team. Eighty-eight businesses were signed up at time of writing. Businesses listed on the site range from café offerings to health and finance.

Love Liverpool campaign

The See, Taste, Do competition launched on Instagram on 21 May. The competition was structured over six weeks, each fortnight focusing on the words ‘see’, ‘taste’ or ‘do’, to promote places and activities in Liverpool. There were 200 entries to the See competition. Prizes were Taste Tour vouchers.

The CE and Communications Teams collaborated to make videos of nine local businesses to talk about their COVID-19 experience and how they had adjusted to crisis. The videos were released on social media. Businesses included KMA Champion Martial Arts, the Black Rose café and Dolcerama. They received a high level of engagement from Council’s social media followers.

The CE team is exploring opportunities to provide support to local start-ups and artists through pop-up opportunities at Council events and activations. This will replace the previous pop-up program run by Council. Staff will provide opportunities for local businesses to trial their businesses at a variety of different activations to reach different audiences.

Eat Your Heart Out has been cancelled for 2020 as a result of the pandemic and restrictions on large gatherings. The annual event will return in August 2021 to activate and transform Northumberland Serviceway.

We are open posters have been developed and are being distributed to local businesses to promote that they are open for businesses and for customers to shop local.

Love Liverpool Visitor Guides are now available for collection from Customer Service, CPAC and the Liverpool Regional Museum. The guide can also be found at a number of local businesses.

Liverpool Pop Up Program

At Council’s meeting held on 11 December 2019, council carried a motion to develop a strategy for a Pop Up program in the CBD and to identify a funding source.

The development of a Pop Up strategy has been placed on hold due to the current COVID-19 crisis. COVID-19 has had a great impact on retail businesses, events and activations, of which pop ups would participate in. There is a great deal of uncertainty about what the retail landscape may look like post COVID-19 which impacts how the strategy could best be developed.

Council officers had originally investigated several options for developing pop ups:

1. Integrating Pop Ups into events and activations

Events and activations provide opportunities for artisans and emerging entrepreneurs to showcase their products in a low risk way to local audiences. Pop Ups could be supported through Council events including Love Livo Nights, Eat Your Heart Out, Liverpool on a Roll (LOAR) and projects such as the Railway Street upgrade.

For example, the Love Livo Nights activation provides funding for Pop Ups to be involved in the event. The event offers a captive audience for entrepreneurs to showcase, promote and test their goods and services. This initiative has currently been placed on hold due to restrictions on public gathering, however, once restrictions ease, the opportunity will be promoted widely within the community.

2. Activating vacant lot within the CBD

Council is investigating the possibility of activating a vacant lot within the CBD into a Pop Up retail, food, beverage and events space. Similar models include Eastwood Foodies Street (AUS) and Pop Brixton (UK). Activating sites through this model allows for a diverse offering of Pop Ups including food-based businesses, creative retail and workshops. This initiative would require a partnership with a private landowner, initial site works to ensure health and safety and a plan of management for ongoing use of the site.

3. Fixed shopfronts/spaces

Council has limited assets within the Liverpool CBD. The Northumberland Street shopfront have been reassigned to the Property team to procure commercial leases. In having fixed shopfronts, Council would need to gain the cooperation of private landowners. This could be done through a third-party agency such as Renew Newcastle or Creative Spaces. This approach could be quite costly with Council subsiding a significant proportion of the commercial rent. The third party would be responsible for negotiating with landlords on behalf of Council and managing the tenancies and the program. It would be recommended that a variety of shopfronts be sourced to ensure a variety of businesses could be supported through the program including retail, food-based businesses, creative and educational.

The CE team will revisit the Pop Up Strategy in six months' time. This will allow time to obtain a clearer understanding of the vacancy rates in the CBD, size or restrictions of events and community sentiment towards public gatherings. This will help shape the development of the Pop Up strategy that will allow aspiring entrepreneurs to be supported and for the CBD to be activated.

Facilitating solutions on major projects

Throughout the pandemic period CE staff have assisted with the facilitation of more than 10 major “shovel-ready” type projects. For example:

· Clarifying the current funding status for Lighthorse Park to understand the level of contributions which are allocated and assist with finding funds for the shortfall

· Liaising with the Property and Traffic teams to assist the Australian Rail Track Corporation to move ahead with the Cabramatta Loop Project

· Working with Health Infrastructure to find alternative parking for hospital staff while their carpark is under construction between August 2020 and December 2021

· Assisting with the development of a Voluntary Planning Agreement (VPA) in Prestons to collect funds from developers for the upgrade of the Bernera Road/Yarrunga Street intersection.

Unlocking international supply chain problems and disruptions for local businesses engaged in international trade

City Economy staff are facilitating connections and unlocking supply chains for local businesses engaged in international trade– some examples include:

· Developing an application for the recently released Australia-ASEAN Council COVID-19 Special Grants Round. The grants aim to support ongoing engagement between Australia and Southeast Asia during and following the COVID-19 pandemic. The Association of Southeast Asian Nations (ASEAN) region is a target market for LCC with identified industry areas including health, agribusiness and education. LCC will seek funding from the grants round for an online trade mission including webinars and business matching.

· The Western Sydney Agrifood Mapping project is now under way through the Future Foods CRC. The project will develop an advanced agrifood supply chain map to provide the knowledge base to enable development of an agribusiness hub or precinct in the aerotropolis. CE staff are partnering with UNSW on the project.

· CE staff are facilitating introductions for panellists and assisting with business matching in transport, health, digital infrastructure, advanced manufacturing and education for a Business Sweden virtual trade delegation scheduled between July and September 2020.

· CE staff will engage with potential global collaboration partners for a Zero Emissions Bus Trial in the Liverpool LGA.

Communications and Events

CE staff collaborated with the Communications team to create and distribute six electronic newletters to businesses providing support during the crisis. The final weekly newsletter was distributed in early June as restrictions eased.

In response to the easing of restrictions for workplace placements, staff visited 80 businesses in the Liverpool CBD during May and provided printed copies of Council’s support package.

Redeployed Casula Powerhouse Art Centre front-of-house staff made 600 phone calls to businesses over five weeks. More than 200 businesses agreed to answer a survey about their situation and to learn about Council support. Phone calls for the 20-question survey averaged 20 minutes. The survey found 80 per cent of businesses were operating in some capacity throughout the crisis and while staff have had their hours reduced or stood down, they are hoping to return to business as usual in the long run.

The CE Manager was interviewed for the Western Sydney Business Podcast about how COVID-19 was affecting the economy and how Council is helping with recovery.

A “Rebuilding Liverpool’s Economy Roundtable” was held on 21 May encouraging feedback from local landowners, real estate agents and landlords on their individual situations. Six businesses and two real estate agents attended. Key issues identified included the low amount of pedestrian traffic, rent negotiation and the level of financial support for landlords.

CE staff supported the Communications and Digital and Design teams to deliver the first online Ideas 2170. The theme was: Rebuilding the Regional Economy, designed as a teaser for the November National Economic Development Conference. The conference theme is: Breaking new ground: Building a resilient future.

Council’s Welcome to Liverpool event, where new businesses are welcomed to the LGA, was redeveloped from an event held in Liverpool to go online in mid-June. It was attended by six businesses who were introduced to the CE team and had the opportunity to hear from key local stakeholders. Representatives from Liverpool Chamber of Commerce and Western Sydney Business Centre provided an overview of their roles in the Liverpool business community and endorsed Council's ongoing support of business. The owner of an established Liverpool business which was hit hard by the pandemic shared her story in pivoting her business model and provided advice on the importance of resilience in overcoming challenges.

Business-to-consumer Marketplace

The Liverpool Marketplace is now live:

https://www.liverpool.nsw.gov.au/business/marketplace. At the time of writing 12 businesses ranging from a freezer food service to a town planning service had posted on the site. The Marketplace is collating needs and offers to facilitate trade exchanges. The marketplace is a trial that other Councils are interested in monitoring with a view to expanding or adopting.

Business Resilience Program

CE staff are developing a Business Resilience Program to build long-term resilience and capacity for businesses hard hit by the crisis. The purpose of the program is to strengthen the Liverpool economy so it can prepare for, and overcome, future disruptions.

The Business Resilience Development Program aims to:

· Develop the capacity of business owners to enable them to build the resilience and grow their business

· Create a platform for local businesses to build networks and long-term partnerships

· Create a group where challenges and insights can be shared and workshopped together.

Businesses which would like to be involved in the group have been identified from the business survey. The program will be open to all small and medium businesses in the Liverpool Local Government Area and will roll out in the new financial year.

Local jobs for local people

The Local Jobs for Local People Talent Portal will connect local people with local jobs. It will provide a place for businesses with vacancies to post jobs and connect with local redeployed and displaced workers. Work on the portal will soon commence.

CE staff are working with Indigenous Business and Employment Hub Yarpa to develop programs and pathways to support job creation in the Indigenous community. The Yarpa Hub connects Indigenous businesses, entrepreneurs and job seekers to business and employment opportunities in NSW. The office has established in Northumberland Street, Liverpool.

Working with procurement to prioritise local suppliers

CE staff are working with Council’s Procurement team on how to prioritise local suppliers to Council, to ensure local money supports the local economy.

The Rebuilding Liverpool’s Economy package will continue to roll out initially to the hardest hit sectors of retail and hospitality then with a longer-term objective of building up resilience across several other sectors. The purpose is to meet the immediate needs of the economy and build resilience and capacity for the future and withstand unforeseen disruption.

CONSIDERATIONS

Economic	Deliver a $210,000 Rebuilding Liverpool’s Economy package. Utilise the Western Sydney City Deal Agreement to create Jobs for the Future. Utilise the Western Sydney City Deal agreement to provide opportunities for residents in the LGA to enhance skills and education. Further develop a commercial centre that accommodates a variety of employment opportunities. Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Provide efficient parking for the City Centre. Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate economic development. Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	There are no environmental and sustainability considerations.
Social	Assist businesses to develop resilience which strengthens the whole community.
Civic Leadership	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services.
Legislative	There are no legislative considerations relating to this report.
Risk	The risk is deemed to be Medium.

ATTACHMENTS

Nil

Ordinary Meeting

29 July 2020

City Economy and Growth Report

EGROW 03

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

Strategic Direction	Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments
File Ref	167832.2020
Report By	Kweku Aikins - Strategic Planner
Approved By	Tim Moore - Director City Economy and Growth / Deputy CEO

Property	146 Newbridge Road, Moorebank
Owner	Tanlane Pty Ltd
Applicant	Mirvac Homes (NSW) Pty Ltd

Executive Summary

Council has received a request to prepare a planning proposal (Attachment 1) from Tanlane Pty Ltd and Mirvac Homes (NSW) Pty Ltd for a portion of land at 146 Newbridge Road, Moorebank (Lot 7 DP 1065574). The proposal seeks to extend the development area of the existing R3 – Medium Density Residential zoned area known as ‘Georges Cove Village’ slightly to the south. The existing R3 zoned land is subject to an existing development consent for subdivision under DA-24/2017, with subsequent DA’s under assessment.

The planning proposal request specifically seeks to amend the Liverpool Local Environmental Plan (LLEP) 2008 by rezoning a part of the site from RE2 Private Recreation to R3 Medium Density Residential. The planning proposal seeks to amend the floor space ratio (FSR) development standard from 0.25:1 to 0.65:1 and the height of building (HOB) development standard from 21 metres to 8.5 metres. The planning proposal request also seeks an amendment to the minimum subdivision lot size from 10,000sqm to 300sqm. The planning proposal request would facilitate the development of approximately 9 dwellings up to 2 storeys in height.

The planning assessment report presented to the Local Planning Panel is included in Attachment 2. The report outlines that the proposal has strategic and site-specific merit and recommends that the planning proposal be submitted to the Department of Planning, Industry & Environment (DPIE) for a Gateway determination.

Advice was sought from the Liverpool Local Planning Panel (LPP) at its meeting on 29 June 2020 in accordance with the Local Planning Panel Direction – Planning Proposals dated 23 February 2018. Following consideration of the assessment report, the panel provided their advice (Attachment 3) that the proposal has strategic and site-specific merit and supported the proposal proceeding to a Gateway determination.

Given the site-specific and minor nature of the proposal, it is recommended that Council note the advice of the LPP, support in principle the planning proposal, and submit the proposal to DPIE seeking a Gateway determination and public exhibition.

RECOMMENDATION

That Council:

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

2. Endorses in principle the planning proposal request;

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

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

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

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

Report

The site and locality

The land affected by this proposal, as outlined in the following map, is located at 146 Newbridge Road, Moorebank and contained within Lot 7 in DP 1065574. The subject property is under the single ownership of Tanlane Pty Ltd. It is the site of a former sand mining operation by Benedict Sands, which is nearing the end of its life cycle.

The site is adjacent to the Georges River to the east, Newbridge Road to the north and the Georges Fair residential estate to the west. Land to the east of the Georges River is located within the Bankstown Local Government Area and is characterised as recreational open space.

Figure 1: Aerial image of subject site (yellow) and locality

Background

The existing R3 – Medium Density Residential zoned land within the subject site has been the subject of a recent development application (DA) approval. DA-24/2017 was granted a deferred commencement by the Liverpool Local Planning Panel on 26 February 2020. The deferred commencement was subject to the endorsement of detailed plans for a pedestrian evacuation bridge from the site to Paine Park to the west along with embellishment of this park. An operative consent has now been issued for DA-24/2017 following the applicant’s satisfaction of the deferred commencement consent conditions.

This planning proposal request is one of several planning proposal requests within the boundaries that Council defines as the Moorebank East Urban Development Investigation Area contained within the Liverpool Local Strategic Planning Statement (LSPS).

Other planning proposal requests include the former Flower Power site to the northeast at 124 Newbridge Road (Site B), the Benedict site to the north along Newbridge Road (Site A) and the Georges Cove Marina (Site D) to the immediate south. Further to the south is another planning proposal request for a rezoning to enable a planned mixed-use development known as EQ Riverside (Site E). These planning proposal requests are currently under assessment.

In 2018, Council engaged Tract Consultants to provide strategic and urban design advice and to assist with the integration and coordination of each of the proposals at a precinct level. It was agreed that the subject site is suitable for low density housing and would form part of Site C (subject to rezoning).

A close up of a map

Description automatically generated

Figure 2: Moorebank East precinct, sites A-D (Tract Consultants)

Proposed Amendment to the Liverpool Local Environmental Plan 2008

The proposed amendment to the LEP will slightly extend southward the development area of the existing R3 – Medium Density Residential zoned land known as ‘Georges Cove Village’. This existing R3 land is subject to an existing approval for subdivision under DA-24/2017, with subsequent DA’s under assessment for the development of the site into a low-scale residential area.

The planning proposal request seeks to amend the Liverpool Local Environmental Plan (LLEP) 2008 by rezoning a part of the site from RE2 Private Recreation to R3 Medium Density Residential. The planning proposal request also seeks to amend the floor space ratio (FSR) development standard from 0.25:1 to 0.65:1, the height of building (HOB) development standard from 21 metres to 8.5 metres, and the minimum subdivision lot size development standard from 10,000sqm to 300sqm. The planning proposal request facilitates the development of approximately 9 dwellings up to 2-storeys in height.

Figure 3: Current and proposed land zoning map (site shown in yellow hatching)

Advice of the Local Planning Panel

Pursuant to Clause 2.19(1)(b) of the Environmental Planning and Assessment Act 1979, a planning proposal must be submitted to the Local Planning Panel (LPP) for their advice prior to consideration by the Council. The Local Planning Panel considered the planning proposal at their meeting on 29 June 2020 and agreed that the proposal demonstrated strategic and site-specific merit and supported the planning proposal proceeding to a Gateway determination. The advice of the LPP is included in Attachment 3 and summarised below:

The Panel members have familiarised themselves with the site and have been provided with the Council officer’s report and the documents supporting the planning proposal.

The Panel considers that the planning proposal is an appropriate rationalisation of the RE2 and R3 zone boundary given the subdivision layout recently approved by Council.

The Panel recommends that the Council officers’ report to Council that progresses the planning proposal specifically addresses the requirements listed in clauses 4(a), (b), (c) and clause 5 of section 9.1 direction 2.6 (remediation of contaminated land).

The Panel otherwise considers that the planning proposal exhibits strategic and site-specific merit for the reasons outlined in the Council officer’s report. The Panel recommends that Council resolve to progress the planning proposal to a gateway determination.

Officer comment on LPP Advice

It is recommended that Council support in principle the planning proposal request and submit the proposal to DPIE seeking a Gateway determination and public exhibition. The proposal meets the requirements of Ministerial Direction 2.6 (Remediation of Contaminated Land) as outlined below:

4(a) the planning proposal authority has considered whether the land is contaminated, and

The site has been used as a recycling facility since the original development consent was issued in 1992. Accordingly, the site has been identified as being contaminated by the previous extractive uses that occurred on the site.

4(b) if the land is contaminated, the planning proposal authority is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for all the purposes for which land in the zone concerned is permitted to be used, and

Development consent has been issued for the subdivision of the broader site (Lot 7 DP 1065574), for which a Phase 1 Preliminary Investigation, Site Audit, a draft Long Term Environmental Management Plan (LTEMP) and a revised Remediation Action Plan (RAP), were submitted.

On 8 May 2020 the proponent confirmed that the documentation submitted for the DA is applicable to the subject planning proposal request. Therefore, it is considered that the land will be suitable for residential development after remediation.

4(c) if the land requires remediation to be made suitable for any purpose for which land in that zone is permitted to be used, the planning proposal authority is satisfied that the land will be so remediated before the land is used for that purpose. In order to satisfy itself as to paragraph (4)(c), the planning proposal authority may need to include certain provisions in the local environmental plan

Remediation of the site will largely be undertaken in accordance with the consent for the subdivision of the broader site. Accordingly, remediation will take place prior to the construction of the 9 dwellings.

(5) Before including any land specified in paragraph (2) in a particular zone, the planning proposal authority is to obtain and have regard to a report specifying the findings of a preliminary investigation of the land carried out in accordance with the contaminated land planning guidelines

As discussed earlier, the proposal is supported by documentation submitted for the subdivision of the broader site. Accordingly, it is considered that all land contamination issues have been addressed.

Consistency with Liverpool Local Strategic Planning Statement

All planning proposals must be consistent with Council’s adopted Local Strategic Planning Statement (LSPS).

The LSPS identifies the Moorebank East precinct as an Urban Development Investigation Area on the Structure Plan map (page 20). It also provides strategic directions to support the implementation of the Regional, District and Community Strategic Plan. The four key directions are: connectivity, liveability, productivity and sustainability.

The planning proposal aligns predominantly with the liveability direction in which Council will prioritise housing choice for different needs, with density focused in the City Centre and centres well serviced by public transport. The planning proposal supports this specific priority as it would ultimately deliver (subject to further development assessment) 9 detached dwellings in a low density setting which would assist in meeting Liverpool City Council’s five-year housing supply target.

Consultation

Consultation was undertaken with Councils internal departments including Council’s Environment & Health and Floodplain and Water Management departments.

Following receipt of a Gateway determination, community consultation will occur with a minimum exhibition period of 28 days.

ConCLUSION

The planning proposal request has both strategic and site-specific merit and it is recommended that Council endorses the planning proposal to proceed to a Gateway determination. A further report will be provided following the public exhibition period detailing submissions received and any amendments proposed.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	Manage air, water, noise and chemical pollution.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes.
Legislative	Environmental Planning and Assessment Act 1979
Risks	The risk is deemed to be Low. If Council does not support the planning proposal request, there is a risk that the landowner/applicant will seek a review of Council’s decision by the Sydney Western City Planning Panel.

ATTACHMENTS

1. Planning Proposal Request (Under separate cover)

2. Planning Assessment Report (Under separate cover)

3. Local Planning Panel Advice (Under separate cover).

Ordinary Meeting

29 July 2020

City Economy and Growth Report

EGROW 04

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

Strategic Direction	Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments
File Ref	171601.2020
Report By	Luke Oste - Strategic Planner
Approved By	Tim Moore - Director City Economy and Growth / Deputy CEO

Executive Summary

At its meeting on 11 December 2019, Council considered a report (Attachment 1) recommending that a planning proposal be prepared to amend the Liverpool Local Environmental Plan 2008 (LEP) by increasing the permitted number of lots on certain sites along Pleasure Point Road in Pleasure Point from four lots to five lots. Council resolved (Attachment 2) that the planning proposal be prepared, noted that advice is required to be sought from the Liverpool Local Planning Panel (LPP) and that a further report be submitted to Council to determine if the planning proposal should progress to a Gateway determination.

The planning proposal has now been prepared (Attachment 3) following initial consultation with affected landowners, the NSW Rural Fire Service (RFS) and Sydney Water. This initial consultation allowed the concerns of residents to be understood, bushfire constraints adequately considered, and servicing constraints identified.

The planning assessment report presented to the Local Planning Panel is included in Attachment 4. The report outlines that the proposal has strategic and site-specific merit and recommends that the planning proposal be submitted to the Department of Planning, Industry & Environment (DPIE) for a Gateway determination.

Advice was sought from the Liverpool Local Planning Panel (LPP) at its meeting on 29 June 2020 in accordance with the Local Planning Panel Direction – Planning Proposals dated 23 February 2018. After considering the assessment report, the Panel provided their advice (Attachment 5) that the proposal has both strategic and site-specific merit and supported the proposal proceeding to a Gateway determination.

It is recommended that Council note the advice of the LPP, endorse the planning proposal, and submit the proposal to DPIE seeking a Gateway determination and public exhibition.

RECOMMENDATION

That Council:

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

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

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

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

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

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

Report

Background

At its meeting on 11 December 2019, Council considered a report recommending that a planning proposal be prepared to amend the Liverpool Local Environmental Plan 2008 (LEP) by increasing the permitted number of lots on certain sites along Pleasure Point Road in Pleasure Point from four lots to five lots.

At this meeting, Council resolved:

That Council:

1. Directs the CEO to prepare a planning proposal to amend the dwelling density map in the Liverpool Local Environmental Plan (LLEP) 2008 that increases the permitted number of lots on certain sites along Pleasure Point Road, Pleasure Point from four lots to five lots; and

2. Notes that, once drafted, the planning proposal will be reported to the Liverpool Local Planning Panel for advice and to a future Council meeting for a decision on whether to seek a Gateway determination from the Department of Planning, Industry and Environment.

Proposed Amendment to the Liverpool Local Environmental Plan 2008

The proposed amendment to the LEP increases the existing dwelling density restriction of four lots to a maximum of five lots for the following sites (the subject site) listed in Table 1 and illustrated in Figure 1. The dwelling density restriction applies to four original large lots that are identified in Figure 2 and represented by distinct colors in Table 1.

Table 1 – Subject Site Lots

Original Large Lot	Address	Legal Description
Lot 1	70 Pleasure Point Road	Lot 71 within DP 1134477
	72 Pleasure Point Road	Lot 72 within DP 1134477
	74 Pleasure Point Road	Lot 73 within DP 1134477
	76 Pleasure Point Road	Lot 74 within DP 1134477
Lot 2	62 Pleasure Point Road	Lot 77 within DP 1134478
	64a Pleasure Point Road	Lot 761 within DP 1217961
	64b Pleasure Point Road	Lot 762 within DP 1217961
	66 Pleasure Point Road	Lot 78 within DP 1134478
	68 Pleasure Point Road	Lot 75 within DP 1134478
Lot 3	Lot 5 Pleasure Point Road	Lot 5 within DP 239468
Lot 4	46 Pleasure Point Road	Lot 86 within DP 1134481
	48 Pleasure Point Road	Lot 85 within DP 1134481
	50 Pleasure Point Road	Lot 84 within DP 1134481
	52 Pleasure Point Road	Lot 83 within DP 1134481

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

Figure 2- Subject Site – Four Original Large Lots (Geocortex LCC)

Consultation

Initial State Agency Consultation

Initial consultation was undertaken with both Sydney Water and the NSW Rural Fire Service (RFS). Details of these referrals are outlined in the planning proposal (Attachment 3). The purpose of this initial consultation was to seek high level advice to ensure any new lots as facilitated by the proposed amendment could be serviced by existing Sydney Water infrastructure and to understand further the bushfire constraints applying to the subject site. It should be noted that the proposal will be subject to more detailed advice following a Gateway determination.

It is noted that the recommendations provided by the RFS included concern regarding the development potential of Lot 4 (refer to Figure 2) given the significant bushfire constraints present. However, at this early stage in the process no changes have been made to the planning proposal to ensure all sites are equitably included as part of the proposed amendment. The concerns of the RFS are noted and more formal discussions will occur with the RFS following a Gateway determination.

Initial Landowner Consultation

Landowners within the subject site were also consulted, with a summary letter sent in late May 2020. This consultation was undertaken to ensure concerns were identified and information provided as required.

LOCAL PLANNING PANEL

Advice of the Liverpool Local Planning Panel

The LPP noted the concerns held by the RFS but agreed that the planning proposal should continue in its current form subject to further consultation following a Gateway determination. The LPP otherwise provided support and considered the proposal to have both strategic and site-specific merit and recommended it progress to a Gateway determination.

ConCLUSION

As resolved by Council on 11 December 2019, the planning proposal has been prepared and reported to the LPP before being considered by Council. Initial consultation has been undertaken with Sydney Water and the RFS as well as with landowners impacted by the proposed amendment to ensure the planning proposal is well considered and informed.

It is recommended that Council note the advice of the LPP, endorse the planning proposal, and submit the proposal to DPIE seeking a Gateway determination and public exhibition.

Next Steps

If the planning proposal is supported by Council, it will be submitted to DPIE seeking a Gateway determination. After any further technical studies are completed post Gateway, the planning proposal would then proceed to public authority consultation, followed by public exhibition

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses.
Social	There are no social and cultural considerations.
Civic Leadership	Act as an environmental leader in the community.
Legislative	Environmental Planning and Assessment Act 1979
Risks	The risk is deemed to be low.

ATTACHMENTS

1. Council Report - 11 December 2019 (Under separate cover)

2. Council Resolution - 11 December 2019 (Under separate cover)

3. Planning Proposal (Under separate cover)

4. Liverpool Local Planning Panel Report (Under separate cover)

5. Local Planning Panel Advice (Under separate cover)

Ordinary Meeting

29 July 2020

City Economy and Growth Report

EGROW 05

Clean Air for Liverpool

Strategic Direction	Strengthening and Protecting our Environment Develop, and advocate for, plans that support safe and friendly communities
File Ref	172721.2020
Report By	George Nehme - Coordinator Development Assessment
Approved By	Tim Moore - Director City Economy and Growth / Deputy CEO

Executive Summary

Council at its meeting on 27 May 2020 resolved to:

1) Provide a further report for the July 2020 Council meeting:

i. On options of incorporating conditions of consent for air quality monitoring devices for those industries capable of causing detrimental effects on surrounding air quality.

ii. Investigate the possibility of applying similar conditions on existing industries retrospectively.

iii. If the above are not possible, investigate alternate means of addressing negative air quality conditions within the Liverpool LGA.

2) If there is a legal barrier to any parts of this resolution that Council investigate the possibility of a policy which could apply to encapsulate the sentiment of i, ii or iii

This report provides a response to this resolution.

RECOMMENDATION

That Council receive and note the report

REPORT

Certain development applications received by Council propose developments that may create a detrimental impact on air quality and therefore require mitigation measures to alleviate these adverse impacts. These measures sometimes include the imposition of conditions of consent relating to the installation and monitoring of air quality control devices. This particularly relates to developments that may generate significant levels of dust particles in the atmosphere, including resource recovery facilities and waste management facilities.

In response to the resolution of Council of 27 May 2020, the below information has been provided for consideration.

i. On options of incorporating conditions of consent for air quality monitoring devices for those industries capable of causing detrimental effects on surrounding air quality.

Comment

Applications received by Council that are likely to create a detrimental impact on air quality are accompanied by air quality assessment reports. These assessment reports will include recommendations to alleviate detrimental impacts on air quality, should it be determined that the proposal may have an impact on air quality. Air quality reports submitted with a development application are reviewed by Council’s Environmental Health Department who comment on the air quality report with respect to the testing methodology used to derive the recommendations outlined in the report.

When a development generates a significant impact, the air quality report will recommend the installation of air quality monitoring devices and regular monitoring reports.

It is important to note that many of the uses that require consideration of air quality monitoring stations are regulated by the Environmental Protection Authority (EPA) and require an Environmental Protection License (EPL). This is typically due to the scale of the activity which has the potential to create significant air pollution. When Development Applications of this nature that require an EPL are submitted to Council, the application is referred to the EPA for their concurrence. Under the Environmental Planning and Assessment Regulation 2000, the EPA’s approval is provided as General Terms of Approval (GTA’s). Any GTA’s required by the EPA for an application are included in the conditions of consent and require the applicant to comply with the requirements of the GTA. The concurrence of the EPA and the imposition of their GTA is a requirement of the Environmental Planning and Assessment Act 1979.

Further information regarding the EPA and licensing can be found at the following link;

https://apps.epa.nsw.gov.au/prpoeoapp/

ii. Investigate the possibility of applying similar conditions on existing industries retrospectively.

Comment

There is no scope to apply conditions of consent retrospectively.

It is however important to note that there are powers to whomever is the Appropriate Regulatory Authority (ARA) (i.e. EPA, Council or other Public Authorities declared by the relevant POEO Regulation) to take enforcement action against a premises that are found to generate detrimental impacts on air quality.

Clause 6 of the Protection of the Environment Operations (POEO) Act 1997 stipulates who is considered to be an ARA, and is outlined as follows;

6 Appropriate regulatory authority

(1) EPA The EPA is the appropriate regulatory authority for the purposes of this Act, except as provided by this section.

(2) Local councils and other local authorities A local authority is the appropriate regulatory authority for non-scheduled activities in its area, except in relation to:

(a) the exercise of functions under Chapter 3 (Environment protection licences), or

(b) premises defined in an environment protection licence as the premises to which the licence applies, and all activities carried on at those premises, or

(c) activities carried on by the State or a public authority, whether at premises occupied by the State or a public authority or otherwise, or

(c1) activities carried on by an authorised network operator (within the meaning of the Electricity Network Assets (Authorised Transactions) Act 2015) whether at premises occupied by the authorised network operator or otherwise, or

(d) a matter for which a public authority (other than the local authority) is declared under subsection (3) to be the appropriate regulatory authority.

(3) Public authorities declared by regulation A public authority is the appropriate regulatory authority for a matter for which it is declared to be the appropriate regulatory authority by the regulations (subject to such conditions or limitations as are specified in the regulations). The regulations under this subsection:

(a) may declare a local authority to be the appropriate regulatory authority in respect of non-scheduled activities excluded under subsection (2), but

(b) may not declare any public authority to be the appropriate regulatory authority for activities carried on by that public authority.

(4) Limitation to local area A function conferred or imposed by or under this Act on a local authority, in its capacity as the appropriate regulatory authority or otherwise, may be exercised only in or in relation to the local authority’s area.

Note. The regulations have prescribed the Marine Parks Authority and certain other authorities as the appropriate regulatory authorities for certain non-scheduled activities in certain areas. By virtue of this Act, the marine authority is given jurisdiction in connection with noise control notices and noise abatement directions relating to vessels (see sections 263 and 275)

These enforcement powers exist under the POEO Act 1997. There are a number of mechanisms available to take enforcement action under Chapter 4 of the POEO Act including:

· clean-up notice under Part 4.2. A clean-up notice under Clause 91 of Part 4.2, enables the (ARA), by notice in writing, to do either or both of the following:

(a) direct an owner or occupier of premises at or from which the authority reasonably suspects that a pollution incident has occurred or is occurring,

(b) direct a person who is reasonably suspected by the authority of causing or having caused a pollution incident, to take such clean-up action as is specified in the notice and within such period as is specified in the notice.

Subclause (5) of Part 4.2, outlines applicable monetary penalties if it is found that a clean-up notice is not acted upon. Subclause (5) states the following:

(5) Offence A person who, without reasonable excuse, does not comply with a clean-up notice given to the person is guilty of an offence.

Maximum penalty:

(a) in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or

(b) in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.

Note. An offence against subsection (5) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.

· prevention notice under Part 4.3. A prevention notice under Clause 96 of Part 4.3, enables the ARA may, by notice in writing, do either or both of the following:

(a) direct the occupier of the premises,

(b) direct the person carrying on the activity (whether or not at premises), to take such action, as is specified in the notice and within such period (if any) as is specified in the notice, to ensure that the activity is carried on in future in an environmentally satisfactory manner.

Under Clause 95 of Part 4.3 of the POEO Act an activity is carried out in an “environmentally unsatisfactory manner” if:

(a) it is carried on in contravention of, or in a manner that is likely to lead to a contravention of, this Act, the regulations or a condition attached to an environment protection licence (including a condition of a surrender of a licence) or an exemption given under this Act or the regulations, or

(b) it causes, or is likely to cause, a pollution incident, or

(c) it is not carried on by such practicable means as may be necessary to prevent, control or minimise pollution, the emission of any noise or the generation of waste, or

(d) it is not carried on in accordance with good environmental practice.

Prevention notices apply when the ARA reasonably suspects that an activity has been or is being carried on in an environmentally unsatisfactory manner at any premises or by any person (otherwise than at premises).

Examples of actions in a prevention notice (without limitations) as outlined under Clause 96 of Part 4.3 include:

(a) installing, repairing, altering, replacing, maintaining or operating control equipment or other plant,

(b) modifying, or carrying out any work on, plant,

(c) ceasing to use plant or altering the way plant is used,

(d) ceasing to carry on or not commencing to carry on an activity,

(e) carrying on an activity in a particular manner,

(f) carrying on an activity only during particular times,

(g) monitoring, sampling or analysing any pollution or otherwise ascertaining the nature and extent of pollution or the risk of pollution,

(h) action with respect to the transportation, collection, reception, re-use, recovery, recycling, processing, storage or disposal of any waste or other substance,

(i) preparing and carrying out a plan of action to control, prevent or minimise pollution or waste,

(j) reviewing the carrying out of an activity.

Clause 97 of Part 4.3, outlines applicable monetary penalties if it is found that a prevention notice is not acted upon. Clause 97 states the following:

A person who does not comply with a prevention notice given to the person is guilty of an offence.

Maximum penalty:

(a) in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or

(b) in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.

Note. An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.

· Prohibition notice under Part 4.4 – Subclause (2) of Part 4.4 stipulates that:

(2) The Minister may, by notice in writing, do either or both of the following:

(a) direct the occupier of the premises,

(b) direct the person carrying on the activity, to cease carrying on the activity, or any specified aspect of it, for such period as is specified in the notice.

Prohibition notices apply where the EPA recommends to the Minister that a notice be given under this section because it is of the opinion that the emission or discharge of pollutants from (or within) any premises in which any activity is carried on:

(a) is causing or is likely to cause such harm to the environment, or

(b) is or is likely to be so injurious to public health, or

(c) is causing or is likely to cause such discomfort or inconvenience to any persons not associated with the management or operation of the activity, that the giving of the notice is warranted

Clause 102 of Part 4.4, outlines applicable monetary penalties if it is found that a prohibition notice is not acted upon. Clause 102 states the following:

A person who, without reasonable excuse, does not comply with a prohibition notice given to the person is guilty of an offence.

Maximum penalty—

(a) in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or

(b) in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.

Note. An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.

In addition to the issuing of notices under Chapter 4 of the POEO Act, Chapter 5 of the POEO Act also outlines Environmental Protection Offences under the POEO Act that may lead to prosecution of operators. Of particular relevance to this matter is Part 5.4 of Chapter 5, which relates directly to Air Pollution. Part 5.4 of the POEO Act states the following;

Part 5.4 Air pollution

Division 1 General

124 Operation of plant (other than domestic plant)

The occupier of any premises who operates any plant in or on those premises in such a manner as to cause air pollution from those premises is guilty of an offence if the air pollution so caused, or any part of the air pollution so caused, is caused by the occupier’s failure:

(a) to maintain the plant in an efficient condition, or

(b) to operate the plant in a proper and efficient manner.

125 Maintenance work on plant (other than domestic plant)

The occupier of any premises who carries out maintenance work on any plant in or on those premises in such a manner as to cause air pollution from those premises is guilty of an offence if the air pollution so caused, or any part of the air pollution so caused, is caused by the occupier’s failure to carry out that work in a proper and efficient manner.

126 Dealing with materials

(1) The occupier of any premises who deals with materials in or on those premises in such a manner as to cause air pollution from those premises is guilty of an offence if the air pollution so caused, or any part of the air pollution so caused, is caused by the occupier’s failure to deal with those materials in a proper and efficient manner.

(2) In this section:

deal with materials means process, handle, move, store or dispose of the materials.

materials includes raw materials, materials in the process of manufacture, manufactured materials, by-products or waste materials.

127 Proof of causing pollution

To prove that air pollution was caused from premises, within the meaning of sections 124–126, it is sufficient to prove that air pollution was caused on the premises, unless the defendant satisfies the court that the air pollution did not cause air pollution outside the premises.

128 Standards of air impurities not to be exceeded

(1) The occupier of any premises must not carry on any activity, or operate any plant, in or on the premises in such a manner as to cause or permit the emission at any point specified in or determined in accordance with the regulations of air impurities in excess of:

(a) the standard of concentration and the rate, or

(b) the standard of concentration or the rate, prescribed by the regulations in respect of any such activity or any such plant.

(1A) Subsection (1) applies only to emissions (point source emissions) released from a chimney, stack, pipe, vent or other similar kind of opening or release point.

(2) The occupier of any premises must carry on any activity, or operate any plant, in or on the premises by such practicable means as may be necessary to prevent or minimise air pollution if:

(a) in the case of point source emissions—neither a standard of concentration nor a rate has been prescribed for the emissions for the purposes of subsection (1), or

(b) the emissions are not point source emissions.

(3) A person who contravenes this section is guilty of an offence.

129 Emission of odours from premises licensed for scheduled activities

(1) The occupier of any premises at which scheduled activities are carried on under the authority conferred by a licence must not cause or permit the emission of any offensive odour from the premises to which the licence applies.

(2) It is a defence in proceedings against a person for an offence against this section if the person establishes that:

(a) the emission is identified in the relevant environment protection licence as a potentially offensive odour and the odour was emitted in accordance with the conditions of the licence directed at minimising the odour, or

(b) the only persons affected by the odour were persons engaged in the management or operation of the premises.

(3) A person who contravenes this section is guilty of an offence.

130 Provisions prevail

(1) Sections 124, 125 and 126 have effect despite anything contained in section 128 or 129.

(2) Section 129 has effect despite anything contained in section 128.

131 Exclusion of residential premises

This Division does not apply to plant or materials, or the carrying on of an activity, in or on premises used only for residential purposes.

132 Maximum penalty for air pollution offences

A person who is guilty of an offence under this Division is liable, on conviction:

(a) in the case of a corporation—to a penalty not exceeding $1,000,000 and, in the case of a continuing offence, to a further penalty not exceeding $120,000 for each day the offence continues, or

(b) in the case of an individual—to a penalty not exceeding $250,000 and, in the case of a continuing offence, to a further penalty not exceeding $60,000 for each day the offence continues.

Note 1. An offence against section 124, 125, 126 or 128 committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.

Note 2. An offence against section 129 committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.

It is important to note that the responsibility of enforcement action under the POEO Act is the ARA. If the ARA is another body other than Council than it is the responsibility of the ARA to take the action it deems appropriate in the circumstances of the case. Council will take all appropriate measures to notify the ARA if notified of potential breaches of the POEO Act.

iii. If the above are not possible, investigate alternate means of addressing negative air quality conditions within the Liverpool LGA.

Comment

Council considered a report at its meeting on 27 May 2020 which detailed the range of actions and initiatives in place to achieve improvements to air quality in Liverpool (refer to attached report). Since Council’s primary concern relates to dust generating industries, these industrial premises are regulated by the EPA under Environmental Protection Licences (EPLs). Any concerns regarding air pollution from these premises can be referred to the EPA to take action and to pursue any breaches of the EPL. The EPL specifically address air pollution and in some cases, depending on the industry, requires regular dust monitoring and compliance with environmental management plans and air quality impact assessment reports.

As indicated previously, the imposition of conditions of consent on applications for the implementation of air quality monitoring devices need to be assessed and determined on a case by case basis. If an assessment of an application determines that air quality monitoring devices are required, Council will impose such conditions.

2) If there is a legal barrier to any parts of this resolution that Council investigate the possibility of a policy which could apply to encapsulate the sentiment of i, ii or iii

Comment

Each development application is assessed on a case by case basis and the imposition of conditions pertinent to the application will be determined if and when an application is approved.

Every development application assessment is required to take into account the relevant legislation applicable, as this is stipulated in section 4.55 of the Environmental Planning and Assessment (EP&A) Act 1979.

A Council Policy to encapsulate the sentiment of points i, ii or iii is not considered necessary, as the imposition of conditions of consent are a legal requirement and the consideration of the imposition of conditions commensurate of the scale or impact of a development is already required.

As detailed above, any existing developments suspected of creating unacceptable air quality impacts can be the subject of enforcement action by either the Council or the Environmental Protection Authority, notwithstanding any existing conditions imposed on a consent.

There is nothing inhibiting Council of preparing a policy that outlines consideration of whether the installation of air monitoring devices is warranted for applications that are likely to generate air quality impacts in the Liverpool LGA.

It is important to note that any such policy would need to stipulate that the imposition of conditions cannot be a uniform approach for all developments and that it acknowledges that the conditions will need to be determined as to its necessity on a case by case basis.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	Manage air, water, noise and chemical pollution. Raise community awareness and support action in relation to environmental issues.
Social	There are no social and cultural considerations.
Civic Leadership	Act as an environmental leader in the community.
Legislative	There are no legislative requirements associated with this report
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Clean Air for Liverpool 27 May Council Report

Ordinary Meeting

29 July 2020

City Economy and Growth Report

EGROW 06

Business Resilience Grants

Strategic Direction	Generating Opportunity Attract businesses for economic growth and employment opportunities
File Ref	180589.2020
Report By	Julie Scott - Manager City Economy
Approved By	Tim Moore - Director City Economy and Growth / Deputy CEO

Executive Summary

At the extraordinary general meeting held on Tuesday 9 June 2020, Council made the following resolutions in relation to the Business Resilience Grants.

That Council:

1. Adopts the recommendations to provide grants to 50 businesses as outlined in the report. The recommendation is to provide grants to the value of $106,000 to 28 CBD businesses from the City Development Fund, and to provide grants to the value of $66,000 to 22 businesses in the greater Local Government Area;

2. Allow those applicants that were not successful as outlined in the report and referred to as ‘Business pivot requires more development and assistance to demonstrate whether it can generate profit or support existing or new jobs’ or ‘Reasonable pivot, however, required stronger demonstration that it could generate profit or support existing or new jobs’ the opportunity to provide more information to determine whether they would be eligible.

This report seeks clarification and direction from Council in relation to the second point of the resolution related to applications not successful for the grants based on the previous information provided to Council.

The Officer recommendation in the report acknowledges the need for ongoing support of all businesses affected by the COVID-19 crisis as well as exceptional circumstances that exist in relation to this recent funding program offered by Council.

RECOMMENDATION

That Council either:

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

· 50 grants have now been issued through the program;

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

· the allocated budget has been exhausted.

For financial prudence and equity, open a second round of Business Resilience Grants to all businesses using the same criteria as the first round, limited to a financial cap to be determined by Council through appropriate funding allocation.

For financial prudence and equity, open a second round of Business Resilience Grants to only those businesses which were unsuccessful in the first round using the same criteria, limited to a financial cap to be determined by Council through appropriate funding allocation.

REPORT

Background

During May 2020 Council conducted a robust and thorough grants process to assist businesses to meet the challenges of the COVID-19 pandemic and provide a boost to businesses that are looking to doing things differently to adapt to the current circumstances. Applications for the program opened on Monday 4 May 2020 and closed on Friday, 22 May 2020.

A total of $106,000 was allocated from the City Development Fund (CDF) for businesses within the CDF boundaries. A total of $66,000 was allocated from the existing City Economy budget for businesses outside the city centre.

As noted in Council’s Grants and Donations Policy (adopted 29 May 2019) ‘Programs are highly competitive and even though an application may meet the program criteria it may not be competitive against other applications’ not all applicants could be funded due to the limited funds available and large number of applications.

All eligible applications were assessed against the following assessment criteria:

· Impact of Covid-19 on Business (minimum 30% downturn or 15% for NFP) and evidence provided – 20% weighting

· Pivot proposed, implementation plan, staff members retain or created due to proposal - 60% weighting

· Use of local suppliers - 20% weighting

At its extraordinary general meeting held on Tuesday 9 June 2020, Council made the following resolution in relation to the grants.

That Council:

The businesses recommended for the grants have been notified and progressed to signing grant agreements with Council. Unsuccessful businesses have been spoken to by CE staff and while disappointed, the majority understood the competitive nature of the process and that funds were limited. All businesses received advice on additional support available to them including: NSW Government $3000 Business Recovery Grant; Council’s online Business Directory, Marketplace and Business Connect Advisory support.

This report seeks clarification and direction from Council in relation to the second point of the resolution related to unsuccessful grant applications.

Eligibility

The Business Resilience Grant program received 194 applications. One hundred and forty-eight of these were assessed as eligible.

Eligibility was determined by the following criteria:

· Business is registered/located in Liverpool LGA

· Business has been trading for minimum of 12 months. (If not trading for 12 months, the business was able to provide evidence of viability (through income, customer base, etc.)

· Evidence of downturn (of at least 30%) provided (e.g. JobKeeper confirmation, comparable BAS statements, letter from accountant)

· Application form was completed in all sections and supporting evidence provided.

A total of 96 businesses outlined in the report were unsuccessful and received one of the following two assessment results:

‘Business pivot requires more development and assistance to demonstrate whether it can generate profit or support existing or new jobs’ or

‘Reasonable pivot, however, required stronger demonstration that it could generate profit or support existing or new jobs.’

These applications were eligible but did not score as highly against the assessment criteria and therefore were rated accordingly.

Assessment scoring and awarding of grants

Due to the size of the budget and the demand, each budget area was assessed separately. The CDF budget had 78 applicants and the LGA budget had 111 applicants. Therefore, more grants were recommended to CBD applicants. Due to the limited budget all applicants could not be funded.

Applications within the CBD were assessed and awarded with the following classifications:

Assessment score	Classification	Amount grant
4 and below	Application did not meet all grant criteria. Insufficient supporting evidence provided.	$0
5	Business pivot requires more development and assistance to demonstrate whether it can generate profit or support existing or new jobs.	$0
6	Reasonable pivot idea which will require ongoing development and support with CE staff.	$3,000
7	Strong application, supporting existing jobs, however either doesn’t use local suppliers or less likely to create new jobs.	$4,000
8-10	Very strong application that either includes local suppliers or likely to create new jobs.	$5,000

Applications from the broader LGA were assessed and awarded with the following classifications:

Assessment score	Classification	Amount granted
4 and below	Application did not meet all grant criteria. Insufficient supporting evidence provided.	$0
5-6	Business pivot requires more development and assistance to demonstrate whether it can generate profit or support existing or new jobs.	$0
7	Reasonable pivot idea which will require ongoing development and support with CE staff.	$0
8	Strong application, supporting existing jobs, however either doesn’t use local suppliers or less likely to create new jobs.	$2,500
9	Very strong application that either includes local suppliers or likely to create new jobs.	$4,000
10	Very strong application that either includes local suppliers or likely to create new jobs.	$5,000

Support provided to applicants

The City Economy Unit (CEU) provided extensive support and opportunities for businesses to submit a competitive application for the grants.

1. Support from the City Economy Unit

Businesses were encouraged to contact the CEU if they had any questions about the process or requirements. When contacting the CEU, businesses were advised of the process and requirements. The CEU advised that it was a competitive process and to best support their applications they should:

· Provide clear details of the impact of COVID-19 on their business and attach the requested evidence

· Clearly articulate what they intend to do with the grant funds and how the proposal would enhance their business’s resilience through the pandemic

· Attach formal quotes of services/providers they intended to use

2. Business Connect Advisory support

Businesses were also encouraged to obtain assistance from Business Advisors via the NSW Business Connect Program to develop and/or refine their proposals. Business were referred to one of the following:

· Business Advisor through the Western Sydney Business Centre

· Arabic Business Advisor through the Community Migrant Resource Centre

· Vietnamese Business Advisor through the Community Migrant Resource Centre

Business Advisors were briefed on the grants process and requirements by the CEU. The Advisors worked to assist businesses to workshop strategies and potential pivots for their businesses to be able to continue to operate. Businesses were encouraged to apply for the grants for these proposed pivots.

3. Opportunity to re-submit quotes

Applications were screened to ensure they had met the eligibility criteria (apart from determining the downturn in turnover which was left to the selection panel) and included all attachments requested. Applications were sorted into three categories:

· Category 1 - All documents received and form completed

· Category 2 - Evidence of downturn provided, completed form to a satisfactory level although insufficient quotes attached

· Category 3 - No clear evidence of a downturn document, form not completed to a satisfactory level and/or no quotes attached

Applicants were followed up on the following basis:

· Category 1 - No follow-up required

· Category 2 - Contacted to advise that they need to provide sufficient quotes as part of the application

· Category 3 - Not followed up as they did not complete any of the requirements correctly

Businesses were provided the opportunity to re-submit quotes where they did not have formal quotes to better support their application. Quotes were required to be on an official letterhead from a supplier that included an ABN and/or a link that clearly identifies the product or service that the applicant wished to purchase.

Clarification of the resolution

The resolution of Council to assist businesses which were unsuccessful requires clarification for Council officers to achieve the desired outcome.

If Council provides an additional opportunity for businesses to provide more evidence and a better-quality application, it will raise expectations for assistance when there is no budget for Business Resilience Grants this financial year.

A robust assessment process was followed and decisions to award grants were made within a confined, and now exhausted, budget. Council officers provided a high level of support and opportunities for applicants to revise their applications if they needed to provide additional evidence.

In the interests of equity, any second round of grants should be made available to all businesses, with criteria to ensure a competitive process. Council would need to set a financial cap for a second round of grants.

Alternatively, Council could offer a second round only to applicants who were unsuccessful in the first round of funding. Council would need to set a financial cap and allocate appropriate funding.

In contrast, funding could be allocated to other programs across the LGA enabling businesses to learn new skills and build resilience. The success of the grants program will be better understood following the grants acquittal process in January 2021.

Any additional funding would impact delivery of other services and programs and should be considered as part of Council’s budget review process.

CONSIDERATIONS

Economic	Up to $192,000 allocated for Business Resilience Grants.
Environment	There are no environmental and sustainability considerations.
Social	The grants support businesses to build resilience.
Civic Leadership	Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	This report complies with Council’s Grants and Donation’s Policy
Risk	The risk is deemed to be Medium.

ATTACHMENTS

Nil

Ordinary Meeting 29 July 2020

City Community and Culture Report

COM 01

Grants, Donations and Corporate Sponsorship

Strategic Direction	Creating Connection Implement access and equity for all members of the community
File Ref	157523.2020
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Sangiuliano - Acting Director City Community and Culture

Executive Summary

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

Council’s Grants, Donations and Corporate Sponsorship Policy, Section 5.2.e deems applications for general expenditure, including office equipment, ineligible for funding. Two of the applications in this report have requested funds to upgrade IT equipment to adapt to online service delivery due to COVID-19 restrictions under exceptional circumstances. They are recommended for funding as a one-off consideration resulting from unprecedented impact of COVID-19.

This report also includes recommendations that meets criteria of Grants, Donations, and Corporate Sponsorship Policy and Initiative 2 of Council Resolution to allocate funds toward essential relief services in Liverpool.

RECOMMENDATION

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

Applicant	Project	Recommended
Open Support	Outreach Crisis Service	$10,000

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

Applicant	Project	Recommended
Junction Works	Youth Clicks	$5,000

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

Applicant	Project	Recommended
The Salvation Army	Food 4 Life	$15,000

REPORT

Corporate Sponsorship

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

Applicant	Open Support
Project	Outreach Crisis Service
Description	Objectives: Due to COVID-19 impact, Open Support are adapting their service delivery model but are experiencing immediate funding pressures while operating expenses are still at the same level and minimal income received, such as loss of donations, closure of their shop, cessation of raffles, and other volunteer fundraising activities. Open Support have also suspended all volunteer activity and face-to-face services delivered by both staff and volunteers for health and safety reasons. The grant will enable Open Support to fully adapt their domestic and family violence (DFV) service model by optimising available technology to maintain a high level of support to existing DFV clients, to operate virtually during and post COVID-19. The funds will be expended for the purchasing of: · 11 online licences for Salesforce licences, costed at $795 each and totalling $8745; · IT development costs of building out our existing online system, provided by a contracted IT Developer for 5 days at $1200 per day, totalling $6000; and · 10 Zoom Licences for DFV staff, costed at $233 per month, totalling $2799 for the year. The upgrade of technology will become an integral part of Open Support’s DFV program that optimises both face-to-face and online communications to reach a much greater number of clients. The investment will have a significant benefit long after COVID has passed. Outcomes: · Optimise DFV service model and technology to maintain a high level of support to existing DFV clients; · Capacity to increase support to more DFV clients within the community via Crisis Outreach Support; · Provide specialised DFV support for women and children to enable them to commence healing and to lead safe, financially independent and fulfilling lives; and · Continue to provide immediate support to reduce risk of harm, arrange transitional and long-term accommodation, and provide essential material needs (for example food and clothing).
Beneficiaries	2000 families escaping domestic and family violence.
Assessment	Recommended for Funding - $10,000 The applicant’s project aligns with the Community Strategic Plan Direction 1 Creating Connections and meets criteria of Initiative 2 of Council Resolution to allocate funds toward essential relief services in Liverpool.

Community Grants

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

Applicant	Junction Works
Project	Youth Clicks
Description	Objectives: Provide online and face-to-face accredited First Aid training, online fitness and wellbeing courses and online cooking and creativity classes to young people who cannot access the Wattle Grove Community Centre due to COVID-19 closures and restrictions. Youth Workers and trained service providers will be facilitating effective online sessions to teach life and leadership skills, promote wellbeing and mindfulness as well as motivate and encourage young people to re-engage in the online service as well as re-engage with the local community. Funding sought is to purchase and upgrade equipment and resources to move the program to online platforms: · Online and face-to-face accredited First Aid Training Program from St Johns Ambulance costed at $1,700 for 12-18 participants; · 2 x online Yoga Sessions (live) for Youth Click participants costed at $600; · Resources for 15 participants for online cooking classes, costed at $50 per participant or $750 total; and · Resources for 15 participants for online creativity classes, costed at $30 per participant or $450 total. Due to COVID-19, Junction Works have suspended all face-to-face services. The Youth Clicks program has struggled to adjust to an online setting. These purchases will allow access to appropriate equipment, training, and interaction for young people attending the Youth Clicks service to learn and enhance skills vital to their development and growth in predominately online environment. Outcomes: · Provide additional services and access for young people to maintain their mental health and wellbeing during isolation; · Access to appropriate equipment and resources to young people who may be experiencing financial disadvantage and; · Develop vital skillsets of young people through online sessions involving First Aid, cooking lessons, fitness and meditation classes and creative learning classes.
Beneficiaries	· Online and face-to-face First Aid training for 15 participants; · Online yoga and wellbeing sessions for 15 participants; · Online cooking classes for 15 participants and; · Online creativity classes for 15 participants
Assessment	Recommended for Funding - $5,000 The applicant’s project aligns with the Community Strategic Plan Direction 1 Creating Connections and meets criteria of Initiative 2 of Council Resolution to allocate funds toward essential relief services in Liverpool.

Matching Grants

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

Applicant	The Salvation Army
Project	Food 4 Life
Description	Objectives: Source and purchase provisions for a community market available to disadvantaged and vulnerable community members to browse and collect a large grocery bag with $80-100 worth of food free of charge. Provisions include a range of frozen food, refrigerated food, non-perishable shelf food, drinks and a range of fresh fruit and vegetables. Community members are able to go around, choose what they want and pack their own bags. Volunteers are available to assist where necessary. Community members will also receive a separate bag of fruit and vegetables, a loaf of bread and a box of breakfast cereal. Due to COVID-19, The Salvation Army has experienced reduced public giving and collections during restriction periods. The number of community members requiring access to the Food 4 Life program has significantly increased, putting financial strain on the program until normal funding sources resume. Outcomes: · An improvement in the overall health of individuals in healthy eating; · Ensuring community members struggling financially have access to basic food essentials; · Providing connections among community members; and · Decrease the level of food insecurity across the city of Liverpool especially in the most disadvantaged suburbs.
Beneficiaries	150-200 community members and families.
Assessment	Recommended for Funding - $15,000 The applicant’s project aligns with the Community Strategic Plan Direction 1 Creating Connections and meets criteria of Initiative 2 of Council Resolution to allocate funds toward essential relief services in Liverpool.

CONSIDERATIONS

Economic

CORPORATE SPONSORSHIP
Budget	Balance	Recommended funding in this report	Remaining
$100,000	$100,000	$10,000	$90,000
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$102,000	$102,000	$5000	$97,000
MATCHING GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$200,000	$200,000	$15,000	$185,000
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report	Remaining
$75,000	$75,000	Nil	$75,000
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding in this report	Remaining
$477,000	$477,000	$30,000	$447,000

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

Environment

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

Social

Support community organisations and groups to deliver services.

Civic Leadership

There are no civic leadership and governance considerations.

Legislative

Local Government Act 1993 - s356.

Risk

There is no risk associated with this report

ATTACHMENTS

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

Ordinary Meeting

29 July 2020

City Community and Culture Report

COM 02

Carnes Hill Recreation Precinct Stage 2 Masterplan

Strategic Direction	Creating Connection Implement access and equity for all members of the community
File Ref	172422.2020
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Sangiuliano - Acting Director City Community and Culture

Executive Summary

At its meeting on 31 July 2019 Council received an options paper for the redevelopment of the site known as Carnes Hill Recreation Precinct Stage 2 and endorsed the commencement of a masterplan exercise.

A progress report was presented to Council at its meeting on 5 February 2020 providing a progress update on the Masterplan which commenced in August 2019. At the meeting Council resolved that, as part of the final report on the draft masterplan, a full range of funding options/sources be provided.

Council’s vision for the Carnes Hill Recreation Precinct is for a vibrant and attractive precinct that provides high quality public spaces that offer a range of recreation and sporting opportunities for Carnes Hill residents and the surrounding suburbs. The Precinct offers over 15 hectares of open space divided into a northern and a southern parcel by Beard Creek. Stage One on the southern parcel was delivered in 2016 and includes a district level library, multi-purpose community centre, indoor recreation centre, skate park, café, outdoor play area, a public plaza and a small water play area. Stage Two on the northern parcel is to include aquatic facilities, gymnastics and multi-purpose indoor areas as well as outdoor sports facilities and a play area.

Consultants were commissioned to prepare the Stage Two Masterplan to meet the following objectives:

· Create a vibrant and attractive new community and recreation precinct inclusive of aquatic, recreation and sporting facilities, complementing facilities delivered in Stage One;

· People of all ages can access the precinct to be healthy, active and have access to the most up to date information;

· Promote active sports and recreation for the health and well-being of the community;

· Conserve and maintain the bushland, biodiversity and Aboriginal heritage;

· Provide a facility that responds to the needs of the diverse demographic characteristics of Carnes Hill and surrounding suburbs; and

· Provide a facility that promotes and encourages youth programs and activities.

These objectives were formulated following consultations with Councillors, the community, internal stakeholders, review of key Council strategic documents and the feasibility analysis of the proposed facilities.

Council has received a draft Masterplan inclusive of the internal stakeholder feedback. The draft Masterplan recommends the provision of the following facilities:

· Indoor swimming pool to deliver multiple programs including a 50m indoor pool;

· Learn-to-swim and programmable water space;

· Interactive leisure and water activities;

· Gymnastics and multi-purpose dry spaces;

· Associated aquatic support spaces include change rooms, storage and plant spaces;

· External informal recreation space; and

· External playing fields.

Additionally, the draft Masterplan identifies potential funding options for detailed design and staged delivery.

This report presents the draft Carnes Hill Recreation Precinct Stage Two Masterplan to be exhibited for public comment and recommends proceeding to the detailed design stage which will enable Council to determine the phased implementation of the masterplan and development of a funding strategy.

RECOMMENDATION

That Council:

1. Receives and notes the report;

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

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

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

REPORT

This report responds to the Council resolution of 31 July 2019 to prepare a Masterplan for the site known as Carnes Hill Recreation Precinct Stage 2 (CHRP2) for the Option 1 proposal in the report to explore its feasibility.

A picture containing large, man, people

Description automatically generated

Fig 1: Option 1 endorsed at Council meeting on 31 July 2019

At its meeting on 5 February 2020, Council further resolved to receive a full range of funding options/sources, as a part of the draft Masterplan presented to Council.

The Draft Masterplan

The draft Masterplan process has been informed by a range of key Council strategic documents, community consultations and internal stakeholder feedback on draft preliminary concept designs of the proposed facilities.

The project program included the following key activities:

· Asset and demand analysis;

· Site analysis;

· Internal stakeholder consultation;

· Developing preliminary /strategic concept site layout; and

· Preparing final draft Masterplan.

The four options explored in the draft Masterplan are as follows:

Option 1	Option 2
· 50m Lap Swimming pool; · Leisure area; · Learn to swim area; · Spa zone; · Outdoor Water Play; · Change rooms and amenities; · Gymnastics (small size); · Café/Admin; · 2 x multi-purpose Sports Fields; · 2 x basketball courts; and · Parking.	· 50m Lap Swimming pool; · Leisure area; · Learn to swim area; · Spa zone; · Outdoor Water Play; · Warm water pool; · Change rooms and amenities; · Café/Admin; · 2 x multi-purpose Sports Fields; · 2 x basketball courts; and · Parking.
Option 3	Option 4
· 50m Lap Swimming pool and leisure area; · Leisure area; · Learn to swim area; · Spa zone; · Outdoor Water Play; · Gym with attached program rooms; · Change rooms and amenities; · Café/Admin; · 2 x multi-purpose Sports Fields; · 2 x basketball courts; and · Parking.	· 25m Swimming pool and leisure area; · Leisure area; · Learn to swim area; · Spa zone; · Outdoor Water Play; · Gymnastics (large size); · Change rooms and amenities; · Café/Admin; · 2 x multi-purpose Sports Fields; · 2 x basketball courts; and · Parking.

The draft Masterplan identifies Option 1 as the preferred option and recommends the following facilities:

· An indoor 50m competition pool;

· Indoor learn-to-swim pool;

· Indoor leisure pool and an indoor spa / steam / sauna area;

· Outdoor water play area;

· Associated aquatic support spaces include change rooms, family and group / competition change areas, storage and plant spaces;

· Two sporting fields with sizing suitable for rugby union, soccer and rugby league;

· Basketball/ multi-purpose courts;

· Boardwalk connections to and from stage 1 precinct;

· Access road from Cowpasture Road;

· Children’s playground;

· Passive recreational spaces and preservation of natural vegetations;

· New walkways and cycle ways; and

· Parking.

The attached draft Masterplan (site plan) is inclusive of the key internal stakeholder feedback and considers integration with Stage One of the precinct.

Fig 2: draft Concept Design

Cost estimates

In addition to the range of potential funding options, the report provides preliminary estimate of the delivery works. Below is a snapshot of the cost estimates of the proposed facilities based on the Option 1 recommendation.

ITEM	COST
Total Building Works · Entrance Foyer · Admin Block · Café · Change Rooms and amenities · Storage · Pool Plant Room · Gymnastics · Circulation space · Services	$28,082,075
Total Aquatic Works · 50m pool · Learn to swim · Leisure pool	1. $ 9,636,000
External works and services	2. $3,012.035
External works and services (inclusive of sporting fields, landscaping, Water Sensitive Urban Design-WSUD system, children’s playground, etc.)	3. $14,181,788 4.
CONSTRUCTION COST (inclusive of design contingencies)	5. $62,216,898 6.
Construction contingency Professional Fee Allowance Fixtures, Fittings and Equipment Audio Visual, IT Equipment Legal Permits, Marketing, other professional fees	7. $14,058,000 8.
ESTIMATED TOTAL PROJECT COST	9. $76,274,898

As per the Council Resolution from the meeting on 5 February 2020, the Draft Masterplan explores the possible options/sources available within the industry to fund the delivery of the draft Masterplan. The report recommends broad funding options associated with the funding of Council Infrastructure. They are as follows:

· Developer contributions – collected from new development in the relevant areas;

· Proceeds from the sale of assets – from a review and rationalisation of community assets that are under-utilised, surplus or may no longer meet the service expectations of the community;

· Debt/loan borrowings – where appropriate, utilise debt to fund capital expenditure, subject to it fulfilling agreed economic, social or environmental benefits and not affect existing recurrent operations and / or cash flows;

· Forward borrowing from reserves – any cash surpluses of a general fund nature will be restricted and held for strategic priorities;

· Other general income sources – investigate and generate other alternate sources of revenue;

· Grants and contributions (operational and capital) – actively pursue grant funding and other contributions to assist in the delivery of services and facilities; and

· Delivery partnerships – where Council and key partners (such as schools or private developers) collaborate to deliver a new facility.

· Staged delivery of the facilities

· Beyond traditional government and private sector funding, there is an emerging opportunity to leverage philanthropic and corporate sectors looking to invest in health and wellbeing intervention at a community level. There are investment brokers who access social impact investment funding to incubate and deliver population health innovation under ‘Wellbeing Communities’ platforms, through social enterprise design, delivery and scale. Such impact investment for community health and wellbeing has been pioneered in some European countries and this type of approach to funding may be accessible in Australia soon.

The construction of facilities at Carnes Hill Precinct Stage Two is likely to be delivered in stages, depending on the availability of the funding resources.

Important to the success of any funding application is the development of a feasibility study and / or business case that outlines the benefits, operational model and financial performance. In relation to benefits, this may relate to general participation, alignment with health and wellbeing outcomes or support for females, marginalised or disconnected communities.

High Level Program

Subject to Council’s endorsement of the final Masterplan, it is recommended that necessary investigations and studies be undertaken to determine the feasibility of this facility, develop funding strategies, staging options to suit funding. The following table presents a high-level timeline for the various critical stages of this project.

Activity	Estimated Duration	Estimated Start	Estimated Finish
1. Feasibility study and/or business case, funding strategy and site investigations (traffic etc)	26 weeks (excluding Christmas/New Year closure period)	November 2020	April 2021
2. Council approval of project and funding	4 weeks	May 2021	May 2021
3. Detailed design	26 weeks	June 2021	November 2021
4. Development consent	24 weeks	December 2021	May 2022
5. Tender documentation	24 weeks	June 2022	November 2022
6. Tender process	14 weeks	December 2022	March 2023
7. Council acceptance of tender	4 weeks	April 2023	April 2023
8. Contract formation and award	8 weeks	May 2023	June 2023
9. Construction	96 weeks	July 2023	June 2025

Budget phasing

It is considered that the following budget provisions will need to be made to enable the necessary investigations, detailed designs and planning approvals to be completed.

Activity	Estimated Budget	Estimated Year/s
1. Site investigations and feasibility study	$250,000	2020/21
2. Detailed Design, environmental assessment and DA preparation	$1M	2021/22 and 2022/23
3. Construction and project management	$77M	2023/24 and 2024/25
Estimated Total	$78,250,000

Conclusion

The draft Masterplan demonstrates a well-balanced mix of functions and facilities at the Carnes Hill Recreation Precinct. The Carnes Hill precinct will continue to provide the finest community and recreational services that will benefit Carnes Hill and the surrounding community.

The potential funding options analysis recommends a range of funding options specific to the Carnes Hill Recreation Precinct Stage Two. The estimated cost of the proposed facilities is $78M inclusive of site investigations, feasibility study, detailed design, environmental assessment and Development Application preparation.

Council officers will continue to explore alternative funding options through State and Federal Government grants to commence the detailed design process following Council’s adoption of the draft Masterplan.

Finally, the Masterplan identified that Council’s resolution to develop a 50m indoor pool at Carnes Hill requires consideration of the financial implications (capital and operational). This will likely impact on the strategic directions within Council’s adopted strategies (Aquatic and Leisure Centres Strategy and Recreation Open Space and Sport Strategy) and the feasibility of the provision of future aquatic and leisure facilities at Miller and Austral.

CONSIDERATIONS

Economic	Enhance the environmental performance of buildings and homes. Facilitate economic development.
Environment	Enhance the environmental performance of buildings and homes. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues.
Social	Raise awareness in the community about the available services and facilities. Support access and services for people with a disability. Deliver high quality services for children and their families.
Civic Leadership	Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused.
Legislative	There are no legislative considerations relating to this report.
Risk	Failure to consult with the community on the Carnes Hill Recreation Precinct Stage 2 Masterplan may result in Council failing to meet future community growth expectations and reputational loss. Potentially leading to unplanned and unfunded works. The risk is currently considered to be Medium and within Council’s Risk Appetite.

ATTACHMENTS

1. Draft - Carnes Hill Recreation Precinct Stage 2 Masterplan Report (Under separate cover)

Ordinary Meeting 29 July 2020

City Corporate Report

CORP 01

Investment Report June 2020

Strategic Direction	Leading through Collaboration Seek efficient and innovative methods to manage our resources
File Ref	171205.2020
Report By	John Singh - Accountant - Investments & Treasury Management
Approved By	Vishwa Nadan - Chief Financial Officer

executive summary

This report details Council’s investment portfolio and its performance for the month ended 30^th June 2020:

· Council held investments with a market value of $301 million;

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

· The portfolio yield was 123 basis points above the AusBond Bank Bill index;

	AusBond Bank Bill Index (BBI)
Benchmark	0.85%
Portfolio yield	2.08%
Performance above benchmarks	1.23%

· Return on investment was $1.7m lower than the original budget;

· Council’s investment advisor, Amicus Advisory, has completed its review of Emerald Mortgage Backed Securities and recommends Council continue to hold its investments in the “Class A” and both “Class C” securities given current poor market pricing;

· Council’s investments and reporting obligations fully complied with the requirements of section 625 of the Local Government Act 1993 and clause 212 of the Local Government (General) Regulation 2005;

· Council’s portfolio also fully complied with limits set out in its current Investment Policy; and

· Council is committed to NSW TCorp’s balanced investment framework and held 19.02% of its portfolio in ADI’s rated BBB and below.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

Council’s Portfolio

At 30^th June 2020, Council held investments with a market value of $301 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:

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

Asset Class	Jun-20	Jun-19
Senior Debts (FRN's ,TCD's & FRB)*	100.75%	100.76%
MBS (Reverse Mortgage Backed Securities)	62.11%	59.48%
T-Corp Unit Trusts	102.81%	103.65%

*Definition of terms

· Transferrable Certificate of Deposit (TCD) - security issued with the same characteristics as a Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).

· Fixed Rate Bond (FRB) – returns Fixed Coupon (interest) Rate and is tradeable before maturity.

The economic environment globally, including Australia, suffered significantly from the start of the COVID-19 pandemic in March. The market value of Council’s investment in FRN’s has since improved. Council has sufficient funds in its current account and has no plans at this stage to sell off any of its FRN’s to meet its short-term cashflow requirements.

Council is fully compliant with the requirements of the Ministerial Investment Order including the grandfathering provisions. The grandfathering provisions state that Council may continue to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

Council is committed to NSW TCorp’s balanced investment framework and held 19.02% of its portfolio in ADI’s rated BBB and below.

Emerald – Mortgaged Backed Securities

Council’s new investment advisor, Amicus Advisory, was asked on appointment to review Council’s investments in “grandfathered” mortgage backed securities. Amicus has completed its review and recommends Council continue to hold its investments in the “Class A” and both “Class C” securities given current poor market pricing. Notwithstanding this recommendation, Amicus has assessed both “Class C” securities are likely to eventually default. However Council will continue to receive interest up until default which is likely many years away.

Portfolio Maturity Profile

The table below shows the percentage of funds invested at different durations to maturity.

Market Value by Issuer and Institution Policy limit as per Investment Policy

Overall Portfolio Credit Framework compliance to Investment Policy

Portfolio performance against relevant market benchmark.

Council’s Investment Policy prescribes the AusBond Bank Bill Index (ABBI) as a benchmark to measure return on cash and fixed interest securities. The ABBI represents the average daily yield of a parcel of bank bills. Historically there has been a positive correlation between changes in the cash rate and the resulting impact on the ABBI benchmark.

The portfolio yield to 30^th June 2020 exceeded the AusBond Bank Bill index by 123 basis points (2.08% against 0.85%)

Council portfolio continues to perform at above benchmark rates despite ongoing margin contraction and significantly lower market term deposit yields. Comparative yields for the previous months are charted below:

Performance of Portfolio Returns against Budget

Council’s investment income for June 2020 is lower than the original budget by $1.7m.

Investment Portfolio at a Glance

Portfolio Performance

The portfolio yield to 30^th June 2020 exceeded the AusBond Bank Bill index by 123 basis points (2.08% against 0.85%).

Annual Income vs. Budget

Council’s investment interest income is lower than the original budget by $1.7m as at 30^th June 2020 and will be closely monitored.

Investment Policy Compliance

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

Economic Outlook – Reserve Bank of Australia

The Reserve Bank has left the official cash rate on hold at 0.25 per cent in its meeting on 7^th July 2020.The current 0.25 per cent cash rate is at a historically low level and impacts returns on investment.

Certificate of Responsible Accounting Officer

The Chief Financial Officer, as Responsible Accounting Officer, certifies that the investments listed in the attached report have been made in accordance with section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy at the time of their placement. The previous investments are covered by the grandfathering clauses of the current investment guidelines issued by the Minister for Local Government.

Independent verification by Head of Audit, Risk and Improvement (HARI)

Council has requested an on-going independent review of its investment portfolio by the Audit Risk and Improvement Committee (ARIC) or its representative under delegated authority. The ARIC has agreed for its Chairperson to provide a certificate on a quarterly basis – the next certificate will be presented to Council on 26 August 2020.

CONSIDERATIONS

Economic	Council’s investment interest income is lower than the original budget by $1.7m as at 30^th June 2020 and will be closely monitored.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Council is fully compliant with the requirements of the Local Government Act 1993 – Investment Order (authorized investments) and with reporting requirements under clause 212 of the Local Government (General) Regulation 2005.
Risk	The capital value and return on investment is subject to market risks. Investment limits prescribed in Council’s policy framework is aimed to mitigate these risks.

ATTACHMENTS

1. Investment Portfolio - June 2020

Ordinary Meeting

29 July 2020

City Infrastructure and Environment Report

INF 01

Wianamatta South Creek Flood Study Update

Strategic Direction	Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape
File Ref	158038.2020
Report By	Madhu Pudasaini - Manager Technical Support
Approved By	Raj Autar - Director City Infrastructure and Environment

Executive Summary

Liverpool City Council has adopted flood studies and associated flood maps for all its major rivers and creek systems to guide planning and development of flood prone land in accordance with the NSW Government’s Flood Prone Land Policy. The Wianamatta South Creek Flood Study (South Creek Flood Study) was adopted by Council in 2004 following a detailed flood study and community consultation, which remains current and continues to play an important role in assisting Council forecast future flood behaviour in this catchment.

As part of planning for the Western Sydney Aerotropolis, the NSW Government is undertaking a study to identify potential impacts on flood behaviour of proposed future development across the broader South Creek Catchment and investigate management measures to limit cumulative impacts on flood behaviour and existing development. The first stage of this study has produced outputs which provide Council the opportunity to update and align its current flood mapping with the most current information available for this catchment. Adoption of the new flood information to replace the current (2004) study will also remove any gaps or duplications that could potentially arise from using different sets of flood related information to predict flood behaviour for the same catchment.

While the flood extents resulting from the new study are generally consistent with the current flood maps, some variations have been noted around a small number of the flood fringe areas. However, any variations between the current and the new flood maps are minor and mostly attributable to higher levels of accuracy in the topographical data that has been used for the new study.

The following summarises the changes to flood impacts on properties within the catchment arising from moving to adopt the new flood maps:

§ 45 flood affected properties will be completely relieved from flooding;

§ 360 flood affected properties will be partially relieved from flooding;

§ 324 flood affected properties will experience increased flooding; and

§ 44 flood free properties will now become partially flood affected.

Following a detailed review of the modelling results from the recent study, this report recommends that the draft Wianamatta South Creek Flood Study with mapping being separately provided by Council to be placed on public exhibition for community information and feedback, with the view to ultimately adopting this study and associated flood maps for the catchment.

RECOMMENDATION

That Council:

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

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

REPORT

Background

Liverpool LGA is traversed by two major river systems namely the Georges River and the Hawkesbury-Nepean River. The majority of the western parts of the LGA fall within the Wianamatta South Creek catchment, which is a major contributory catchment of the Hawkesbury-Nepean River system. Catchments of the adjoining Kemps Creek and Badgerys Creek also drain through the Wianamatta South Creek to ultimately discharge into the Hawkesbury River near Windsor.

Council has adopted flood studies and associated flood maps for all its major rivers and creek systems to guide planning and development of flood prone lands in accordance with the NSW Government’s Flood Prone Land Policy. The Wianamatta South Creek Flood Study (South Creek Flood Study) was adopted by Council in 2004 following a detailed flood study and community consultation, which remains current and continues to play an important role in assisting Council forecast future flood behaviour in this catchment.

The new flood study uses the most current topographical information with significantly improved accuracy that was not available at the time of adopting the flood maps in 2004. The new flood study also includes some additional areas of the Badgerys Creek and Thompsons Creek which were not previously included in the current maps.

The new study includes flood maps under 1% Annual Exceedance Probability (AEP) and Probable Maximum Flood (PMF) scenarios. The 1% AEP, which is also referred to as the 100-year flood, has a 1% or 1 in 100 chance of occurring in any one year, whereas the PMF represents the largest flood that could conceivably occur at a particular location.

Flooding implications of the new study

A comprehensive review was undertaken to better understand the implications of the new study on predicted design flood levels and flood extents. This review found that while the current flood levels (2004) are generally consistent with the new study, there are a small number of flood fringe areas where there are variations between the current flood extents and the revised extents.

The following summarises changes to flood impacts on properties within the catchment arising from adopting the new flood maps under the 1% AEP as shown in the attached map (Attachment A):

§ 45 flood affected properties will be completely relieved from flooding (green);

§ 360 flood affected properties will be partially relieved from flooding (purple);

§ 324 flood affected properties will experience increased flooding (orange); and

§ 44 flood free properties will now become partially flood affected (yellow).

Flood study and mapping of the Badgerys Creek and Upper Thompsons Creek catchments show that up to 49 properties will now be partially affected by flooding under the 1 % AEP. Similarly, the following shows changes to flood impacts on properties within the catchment arising from the new flood maps under the PMF scenario, and is shown in the attached map (Attachment B):

§ 171 flood affected properties will be completely relieved from flooding (green);

§ 556 flood affected properties will be partially relieved from flooding (purple);

§ 277 flood affected properties will experience increased flooding (orange); and

§ 37 flood free properties will now become partially flood affected (yellow).

As for the 1% flood event, the PMF flood mapping for the Badgerys Creek and Upper Thompsons Creek catchment shows that 60 will be partially affected by the PMF event.

February 2020 floods

The Wianamatta South Creek catchment experienced significant flooding with over 350mm of rain falling within the catchment over a period of four days during the February 2020 storms. Based on peak flood level surveys undertaken by Council immediately following the floods, it was found that there was a very close correlation between flooding experienced within the catchment and Council’s forecast 1% flood. Further, mapping of the actual flood extents using the most current topographical information showed that the flood extents were consistent with the new study being undertaken by the NSW Government. This further validates the accuracy of the new study.

Public exhibition

Public exhibition of the draft Wianamatta South Creek flood study (attachment C) and associated flood maps (attachments A and B) will provide the affected residents the opportunity to have input into the floodplain management process. The community engagement process may reveal local knowledge and information that may not have been available so far.

Council has already presented the draft Wianamatta South Creek flood maps to Council’s Environment Advisory Committee at its June 2020 meeting.

Benefits of adopting the new study

Adopting the new flood study and associated flood maps will provide the following benefits:

§ The study uses most current topographical information, representing the best available data for improved flood forecasting;

§ The study includes some additional areas from the Badgerys Creek and Thompsons Creek catchments which were not previously included in the current maps; and

§ The new flood study provides currency and will enable Council to align its flood maps with the most current studies and topographical information that are informing the planning of this catchment including the planning of the Aerotropolis.

Timeline

Following Council’s endorsement for public exhibition, the report will be made available to public for 28 days for their information and feedback. The feedback received will be incorporated in the study and presented to Council for adoption in October 2020.

Conclusion

As can be seen from the foregoing discussions, the variations in the flood extents between the current (2004 maps) and the new flood maps are minor and mostly attributable to higher levels of accuracy in the topographical data that has been used for the new study. The new study will enable Council to align the current flood mapping for the Wianamatta South Creek with the most current information available for this catchment and assist in planning for the Aerotropolis. This report therefore recommends that the draft Wianamatta South Creek Flood Study be placed on public exhibition for community information and feedback, with the view to ultimately adopting this study and associated flood maps for the catchment.

CONSIDERATIONS

Economic	The public exhibition of the updated draft Wianamatta South Creek Flood Study will not have economic and financial impacts on Council.
Environment	The updating of South Creek Flood Study will facilitate better management of the environmental health of waterways. Updating of the South Creek Flood Study will ensure confidence to the better environmental performance of buildings and homes.
Social	Preserve and maintain social welfare and minimize public risk associated to flood.
Civic Leadership	Encourage the community to engage in Council initiatives and actions.
Legislative	NSW Flood Prone Land Policy and NSW Floodplain Development Manual.
Risk	This report supports the use of best and most up information to mitigate flood risk.

ATTACHMENTS

1. Attachment A - changes to flood impacts arising from new flood maps under 1% AEP scenario

2. Attachment B - changes to flood impacts arising from new flood maps under PMF scenario

3. Attachment C - Wianamatta (South) Creek Catchment - Existing Flood Risk Assessment - extract for Liverpool City Council (Under separate cover)

Ordinary Meeting

29 July 2020

City Infrastructure and Environment Report

INF 02

Conservation of Koala Habitat Corridors

Strategic Direction	Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape
File Ref	166610.2020
Report By	Michael Zengovski - Manager City Environment
Approved By	Raj Autar - Director City Infrastructure and Environment

Executive Summary

Council, at its meeting held on 29 April 2020, considered a report regarding mitigation measures Council has been progressing aimed at creating and preserving Koala habitat corridors as a means of stabilising Koala populations across the LGA.

At this meeting, Council decided that:

a) available emerging technologies, such as Virtual Fencing, be explored to mitigate vehicle strikes resulting in koala fatalities along the urban interfaces; and

b) a study be undertaken into the feasibility of establishing a koala hospital and sanctuary within the LGA, and reported to the July 2020 Council meeting.

However, at a subsequent meeting held on 27 May 2020, Council decided that a detailed business case be developed first, which would assess the demand for a koala hospital and a sanctuary within the LGA, including its viability and corresponding costs. Council will soon initiate a procurement process to engage a suitable consultant to undertake this study.

This report presents findings into the effectiveness of virtual fencing in mitigating vehicle strikes along the urban interfaces.

RECOMMENDATION

That Council:

1. Receives and notes this report; and

2. Receives a further report following completion of the business case for a koala hospital and sanctuary within the LGA.

REPORT

1. Virtual Fencing

Virtual Fencing is an emerging technology and consists of a series of devices that are placed on posts along a road, which are then activated by approaching headlights of vehicles. This causes it to emit a combination of auditory and visual signals that alerts and repels animals from the roadside.

Studies into the effectiveness of the technology in Australian conditions are limited to remote areas of Tasmania where they demonstrate a reduction in roadkill of 50% in commonly affected wildlife in that region. It is to be noted that koalas were not among those species occurring within the subject sites. At this stage it is not known to what extent local wildlife species including koalas will be affected by virtual fencing.

A further study conducted on more trafficked roads outside of Hobart has indicated that virtual fencing is less effective on more urbanised roads, where traffic volumes and speeds are high. The study has identified the following limitations regarding the use of Virtual Fencing:

§ effects of ambient light and noise from urbanisation on the effectiveness of the devices;

§ interactions with existing physical fencing, specifically where movement is restricted for retreating animals; and

§ desensitisation to the Virtual Fence by the target species resulting from the greater number of car movements.

Given the limited practical knowledge on the effectiveness of this technology relating to koalas and other species of local wildlife, it would be necessary to engage a subject matter expert to undertake a feasibility assessment and guide any further consideration of the viability of virtual fencing. This may involve setting up trial sites with ongoing monitoring over a period of time.

Estimated Costs

Devices are placed at 25m intervals on alternating sides of the road. Supply and installation of the units with flexi-mounted posts is estimated to cost between $12,000 and $15,000 per km. The devices are solar powered, and maintenance is reported to be minimal.

Other mitigation works

As Council would be aware, signs have been installed along the known vehicle strike hot spots warning motorists of the presence of koalas in the area. Further, Council has also negotiated the inclusion of wildlife crossing as part of the Heathcote Road upgrade works being undertaken by Roads and Maritime Services/Transport for NSW (TfNSW). Detailed design is in progress, with construction planned to commence in 2021.

2. Koala hospital and sanctuary

At the meeting held on 27 May 2020, Council resolved that a detailed business case be developed to establish demand for a koala hospital and a sanctuary within the LGA, including its viability and corresponding costs. Council will soon initiate a procurement process to engage a suitable consultant to undertake this study, which is anticipated to take up to 6 months.

It is expected that the business case will also be informed by the recently released NSW parliamentary inquiry and report on Koala populations and habitat in New South Wales.

3. Conclusion

In view of the little knowledge that is currently available regarding the effectiveness of Virtual Fencing in alerting and successfully repelling koalas from roadsides, it is concluded that there is no benefit in pursuing Virtual Fencing at this stage. Further, the Heathcote Road upgrade works planned by TfNSW together with the associated safe wildlife crossing points is expected to enhance koala safety along these hot spots.

CONSIDERATIONS

Economic

Facilitate economic development.

Facilitate the development of new tourism based on local attractions, culture and creative industries.

Environment

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

There are no social and cultural considerations.

Civic Leadership

Act as an environmental leader in the community.

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

Legislative

Local Government Act 1993, Section 36

Companion Animals Act 1998, Sections 14 and 30

Risk

There is no risk associated with this report.

ATTACHMENTS

Nil

Strategic Direction	Leading through Collaboration Increase community engagement
File Ref	149642.2020
Report By	Nada Mardini - Manager Community Standards
Approved By	Tim Moore - Director, City Economy and Growth / Deputy CEO

1
EGROW 02	Report back - Reference Group Charter Companion Animal Advisory Committee
Attachment 1	Companion Animals Advisory Committee Terms of Reference

Strategic Direction	Leading through Collaboration Encourage community participation in decision-making
File Ref	177058.2020
Report By	Jessica Saliba - Senior Governance & Probity Officer
Approved By	George Hampouris - Acting Director City Corporate

1
CORP 02	Local Government Remuneration Tribunal Annual Report and Determination under sections 239 and 241 of the Local Government Act 1993
Attachment 2	OLG Circular 2020 Determination

1
CORP 02	Local Government Remuneration Tribunal Annual Report and Determination under sections 239 and 241 of the Local Government Act 1993
Attachment 3	Civic Expenses and Facilities Policy adopted by Council 6 February 2019

Strategic Direction	Creating Connection Create a dynamic, inclusive environment, including programs to support healthy living
File Ref	154530.2020
Report By	Mark Westley - Manager Recreation and Community Outcomes
Approved By	Tina Sangiuliano - Acting Director City Community and Culture

Economic	There are no economic or financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Sections 356(3), 377(1), and 378 of the Local Government Act 1993.
Risk	There are no risk considerations.

1
CTTE 01	Liverpool Sports Committee Minutes of meeting held 28 May 2020
Attachment 1	Minutes of the Liverpool Sports Committee meeting held on 28 May 2020

1
CTTE 02	Minutes of the Liverpool Youth Council Meeting held Wednesday 3 June 2020.
Attachment 1	Minutes of the Liverpool Youth Council meeting held on 3 June 2020

1
CTTE 03	Minutes of the Community Safety and Crime Prevention Advisory Committee meeting held on 4 June 2020
Attachment 1	Minutes of the Community Safety and Crime Prevention Advisory Committee meeting held on 4 June 2020

1
CTTE 04	Notes of the Liverpool Access Committee meeting held on 11 June 2020
Attachment 1	Notes of the Liverpool Access Committee meeting held on 11 June 2020

1
CTTE 05	Minutes of the Aboriginal Consultative Committee meeting held on 7 May 2020
Attachment 1	Minutes of the Aboriginal Consultative Committee meeting held on 7 May 2020

1
CTTE 06	Minutes of Strategic Panel Meeting held on 9 June 2020
Attachment 1	Minutes of Strategic Panel meeting of 9 June 2020

Strategic Direction	Generating Opportunity Create an attractive environment for investment
File Ref	176856.2020
Report By	Susana Freitas - Tourism Development Officer
Approved By	Tim Moore - Director City Economy and Growth / Deputy CEO

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Facilitate economic development. Facilitate the development of new tourism based on local attractions.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities. Provide cultural centres and activities for the enjoyment of the arts. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Deliver high quality services for children and their families.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Deliver services that are customer focused.
Legislative	There are no legislative considerations relating to this report.

1
CTTE 07	Minutes of the Tourism and CBD Committee meeting held on 23 June 2020
Attachment 1	Minutes from Tourism and CBD Committee Meeting 23 June 2020