Agenda of Ordinary Meeting - Wednesday, 27 October 2021

Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 29 September 2021.......................................................... 6

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Chief Executive Officer Report

NIL

Planning & Compliance Report

PLAN 01 Post Exhibition Report - Renaming of The Northern Road to Willmington Road, Luddenham..................................................................................................... 51......... 1

PLAN 02 Quarterly Report - Clause 4.6 Variations to Development Standards........... 60......... 2

Community & Culture Report

NIL

Corporate Services Report

CORP 01 Investment Report September 2021.............................................................. 71......... 3

CORP 02 Tabling Annual Pecuniary Interest Returns for Councillors and Designated Persons 80 4

CORP 03 NSW Grants Commission - Financial Assistance Grants Policy................... 83......... 5

CORP 04 Council Meeting Dates - January to December 2022 and Proposed Councillor Induction Session Dates............................................................................... 101......... 6

CORP 05 Motions for LGNSW Special Conference February - March 2022............... 105......... 7

City Presentation Report

NIL

Infrastructure & Environment Report

INF 01 Cabramatta Creek Flying-fox Camp Management Plan.............................. 124......... 8

Economy & Commercial Development Report

ECD 01 TfNSW proposed Construction Lease over Council land being part Lot 5000 DP 855173 off Albemarle Place, Cecil Hills....................................................... 128......... 9

ECD 02 Sydney Water proposed Compulsory Acquisition of part of Lot A & Lot B DP 380884.......................................................................................................... 134....... 10

Committee Reports

CTTE 01 Liverpool Sports Committee Minutes of meeting held 26 August 2021....... 138....... 11

CTTE 02 Minutes of the Community Safety and Crime Prevention Advisory Committee Meeting held on 2 September 2021............................................................. 148....... 12

CTTE 03 Minutes of the Intermodal Precinct Committee meeting held on 6 September 2021 156 13

CTTE 04 Minutes of the Liverpool Youth Council Meeting held on 14 September 2021 165 14

CTTE 05 Minutes of the Environment Advisory Committee held on 9 August 2021.. 174....... 15

CTTE 06 Minutes of the Companion Animals Advisory Committee meeting held on 31 August 2021.................................................................................................. 183....... 16

CTTE 07 Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 15 September 2021........................................................... 189....... 17

Questions with Notice

QWN 01 Question with Notice - Clr Hagarty - Community Sport............................... 196....... 18

QWN 02 Question with Notice - Clr Harle - Pearce Park............................................ 198....... 19

QWN 03 Question with Notice - Clr Rhodes - Impacts of NSW Health Work orders on homeowners issued with Council Works Orders and their ability to comply 201....... 20

QWN 04 Question with Notice - Clr Kaliyanda - Growth of African Olives and Other Invasive Weed Species............................................................................................... 203....... 21

QWN 05 Question with Notice - Clr Kaliyanda - Disaster Preparation Tool............... 213....... 22

QWN 06 Question with Notice - Clr Hagarty - Private Investigators........................... 217....... 23

Presentations by Councillors

Notices of Motion

NOM 01 Recycle waste without having to separate waste at point of collection....... 218....... 24

NOM 02 Support for Fairy Glen at Harris Creek......................................................... 221....... 25

NOM 03 1 Sirius Road, Voyager Point....................................................................... 223....... 26

NOM 04 Independent Commission Against Corruption (ICAC)................................. 235....... 27

NOM 05 Greater Sydney Parklands Trust Bill............................................................ 236....... 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 Question with Notice - Clr Harle - 1 Sirius Road Voyager Point

Reason: Item CONF 01 is confidential pursuant to the provisions of s10(A)(2)(c) (g) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

CONF 02 Sirius Road, Voyager Point

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 Proposed Road Closure and Sale/Land Swap of part of Hanwell Serviceway and part of Elizabeth Street, Liverpool

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

CONF 04 Legal Affairs Report - 1 July 2021 to 30 September 2021

Reason: Item CONF 04 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 05 Update on Interim Heritage Order for 10 Hoxton Park Road, Liverpool

Reason: Item CONF 05 is confidential pursuant to the provisions of s10(A)(2)(b) of the Local Government Act because it contains matters concerning the personal hardship of any resident or ratepayer.

CONF 06 Maintenance of Council's On and Off Street Parking Machines

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

CONF 07 RCL3070 - Supply of Library Materials

Reason: Item CONF 07 is confidential pursuant to the provisions of s10(A)(2)(d i) (d ii) (d iii) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council; AND commercial information of a confidential nature that would, if disclosed reveal a trade secret.

Close

MINUTES OF THE Ordinary Meeting

HELD ON 29 September 2021

PRESENT:

Mayor Wendy Waller

Councillor Ayyad (arrived at 6.30pm)

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Dr Eddie Jackson, Chief Executive Officer

Mr George Hampouris, Acting Director Corporate Services

Ms Tina Bono, Acting Director Community and Culture

Mr David Smith, Acting Director Compliance and Planning

Mr Peter Diplas, Acting Director City Presentation

Mr Raj Autar, Director Infrastructure and Environment

Mr John Morgan, Director, Commercial Development and Economy

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

Ms Ellen Whittingstall, Internal Ombudsman

Mr Vishwa Nadan, Chief Financial Officer

Mr George Georgakis, Manager Council and Executive Services

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

The meeting commenced at 6.00pm

STATEMENT REGARDING WEBCASTING OF MEETING

The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice, the meeting is being livestreamed.

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

The prayer of the Council was read by Dr Eddie Jackson, Chief Executive Officer.

APOLOGIES

Nil.

CONDOLENCES

Nil.

CONFIRMATION OF MINUTES

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the minutes of the Ordinary Meeting held on 25 August 2021 be confirmed as a true record of that meeting, subject to the following change (which is shown below in bold):

Point 2 of the resolution for Item NOM 06 Rates (from the Council meeting 25 August 2021) which is shown below in full, be amended to read:

That Council:

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

· The property being used solely for owner occupier purposes;

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

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

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

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

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

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

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

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

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

DECLARATIONS OF INTEREST

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

Item: PLAN 06 Revised draft Warwick Farm Racing Precinct Structure Plan, Planning Proposal and Contributions Plan

Reason: Clr Harle has family in the area.

Clr Harle remained in the virtual room for the duration of this item.

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

Item: CONF 04 RCL2999 Provision of Essential Trade Services

Reason: Clr Hagarty knows one of the people listed.

Clr Hagarty remained in the virtual room for the duration of the item.

PUBLIC FORUM

Presentation – items not on agenda

Nil.

Representation – items on agenda

Nil.

Questions with Notice

ITEM NO: QWN 01

FILE NO: 266252.2021

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

Please address the following:

1. In relation to shopping trolleys,

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

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

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

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

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

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

a) Examples?

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

Responses

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

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

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

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

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

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

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

Diagram, text

Description automatically generated

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ITEM NO: QWN 02

FILE NO: 271966.2021

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

Please address the following

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

Response

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ITEM NO: CONF 04

FILE NO: 292423.2021

SUBJECT: RCL2999 Provision of Essential Trade Services

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Rhodes

That Council:

1. Accept the Tender from the Shortlisted Tenderers for RCL2999 Provision of Essential Trade Services for an initial (3) years contract term with the option of extending 2 X 12 months at the schedule of rates GST inclusive as per the submissions.

2. Makes public its decision regarding tender RCL2999 – Provisions of Essential Trade Services.

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

4. This report has been provided 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 tenders up to the value of $2 million.

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

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

Councillors voted unanimously for this motion.

Note: Clr Balloot had left the meeting when the motion was voted on.

ITEM NO: CONF 05

FILE NO: 212543.2021

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

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That Council:

1. Approves the grant of an easement for electricity purposes over Lot 201 in Deposited Plan 1194243, Kurrajong Road, Carnes Hill on the terms outlined in this Confidential Report;

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

3. Approves the transfer of the compensation amount into the General Property Reserve; and

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

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

THE MEETING CLOSED AT 7.37pm.

Name: Wendy Waller

Title: Mayor

Date: 27 October 2021

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 29 September 2021. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Ordinary Meeting

27 October 2021

Planning & Compliance Report

PLAN 01

Post Exhibition Report - Renaming of The Northern Road to Willmington Road, Luddenham

Strategic Direction	Generating Opportunity Advocate for, and develop, transport networks to create an accessible city
File Ref	307054.2021
Report By	Danielle Hijazi - Assistant Strategic Planner
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

This report seeks a Council resolution on the renaming proposal for the original section of The Northern Road through Luddenham, between Elizabeth Drive and the realigned The Northern Road to Willmington Road.

At its meeting on 26 May 2021, Council resolved to support the renaming and to publicly exhibit the proposal for 28 days. During exhibition, four submissions were received. There was one objection and three submissions which provided suggested alternative names, including that consideration be given to renaming the bypass of Luddenham to another name and leaving unchanged the name The Northern Road through Luddenham.

Following a review of the submissions received, it is recommended that Council supports the renaming of the original section of The Northern Road through Luddenham as Willmington Road and delegates authority to the Chief Executive Officer to proceed with the process of gazettal.

RECOMMENDATION

That Council:

1. Note the submissions received on the renaming proposal;

2. Supports the renaming of the original section of The Northern Road through Luddenham as Willmington Road; and

3. Delegates authority to the Chief Executive Officer to proceed with the process of gazettal.

REPORT

A street renaming proposal was received in November 2020 from Transport for NSW (TfNSW) to rename a duplicated section of The Northern Road which passes through Luddenham between Elizabeth Drive and a realigned section of The Northern Road near Eaton Rd. This road extent is proposed to be renamed Willmington Road as shown below.

Figure 1: Map to show the extent of The Northern Road to be renamed Willmington Road.

TfNSW nominated the name Willmington Road in remembrance of Arthur Ernest Willmington and the Willmington family who resided in Luddenham since the late 1800s.

At its meeting on 26 May 2021, Council resolved to support the renaming proposal and to publicly exhibit the proposal for 28 days. During exhibition, four submissions were received. There was one objection and three submissions which provided suggested alternative names, including that consideration be given to renaming the bypass of Luddenham to another name and leaving unchanged the name The Northern Road through Luddenham.

Submissions	Justification	Response
Submission 1: Requests the bypass itself be renamed, not the road through Luddenham. Name suggested: “Luddenham Bypass”	No objection to Willmington name but would prefer the new section of The Northern Road i.e. the bypass of Luddenham to be renamed to “Luddenham Bypass” to allow residents to maintain their current address and limit the amount of documentation that needs to be changed.	“Luddenham Bypass” is inconsistent with the GNB’s street naming guideline. The name would be too similar to nearby Luddenham Road. TfNSW has advised that they are not proposing to rename the new bypass of Luddenham Village, which is a continuation of The Northern Road on a revised alignment from Narellan to near Windsor. Rather, the proposal is to rename the original section of The Northern Road through Luddenham Village to avoid the duplication that currently exists.
Submission 2: Alternate name suggested “Elizabeth Drive” or “Old Northern Road”	This submission objected to the name Willmington Road. The submission acknowledged the contributions of Mr Willmington to the community. The submission states that there are many families that have resided and still live in the area from the 1800s, including Hughes, Wakeling, Eaton and Adams. The name Willmington is already recognised by a reserve in Luddenham named after the family. The submission prefers the name “Elizabeth Drive” or “Old Northern Road as an extension of the existing roads.	Naming roads with the prefix “old” is inconsistent with GNB’s policy as it can cause confusion in the case of an emergency. An extension of Elizabeth Drive is possible; however, the name Wilmington has greater place significance.
Submission 3: Alternate name suggested “Cambareri Road”	No objection to Willmington Road name but would like the name to honour their own family.	The name “Cambareri Road” was submitted to TfNSW when they requested name suggestions from the community. The Cambareri family’s presence in the community is acknowledged. 24 naming suggestions were put forward however a single name was required to proceed.
Submission 4: Not change the name and leave it as “The Northern Road”.	Does not want the road name to change and wishes it to remain as “The Northern Road”. They have suggested that the bypass itself be renamed, not the original section of road through the Village. They suggest the new bypass should be named “Luddenham bypass” or the bypass could be named after the Lawson Family or the Hughes Family.	“Luddenham Bypass” is inconsistent with the GNB’s street naming guideline. The name would be too similar to nearby Luddenham Road. TfNSW has advised that they are not proposing to rename the new bypass of Luddenham Village, which is a continuation of The Northern Road on a revised alignment from Narellan to near Windsor. Rather, the proposal is to rename the original section of The Northern Road through Luddenham Village to avoid the duplication that currently exists.

The submissions received acknowledge the contributions of Artie Willmington to the Luddenham community, however the majority recommend that the existing The Northern Road through Luddenham remains unchanged and that the bypass of Luddenham be renamed.

TfNSW has advised that they are not proposing to rename the new bypass of Luddenham Village, which is a continuation of The Northern Road on a revised alignment from Narellan to near Windsor. Rather, the proposal is to rename the original section of The Northern Road through Luddenham Village to avoid the duplication that currently exists.

Next Steps

If supported by Council, the naming proposal for Willmington Road, Luddenham will proceed to gazettal.

CONSIDERATIONS

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

ATTACHMENTS

1. Combined Submissions Willmington Road, Luddenham

Ordinary Meeting

27 October 2021

Planning & Compliance Report

PLAN 02

Quarterly Report - Clause 4.6 Variations to Development Standards

Strategic Direction	Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments
File Ref	319652.2021
Report By	William Attard - Acting Manager Development Assessment
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

This report is tabled to present the quarterly Development Applications Clause 4.6 Variation Register for the period July to September 2021.

The Department of Planning, Industry and Environment (DPIE) Planning Circular PS 20-002 requires a quarterly report be tabled at a Council meeting for information only which outlines development applications that have been determined by the Sydney Western City Planning, the Liverpool Local Planning Panel, or by planning officers under delegated authority, where there was a variation to a development standard pursuant to Clause 4.6 of the respective Environmental Planning Instrument.

Whilst this is the first report being tabled at a Council meeting as required by Planning Circular PS20-002, Council provides the quarterly report to DPIE and publishes the register on an ongoing basis on Council’s website.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Clause 4.6 of the Standard Instrument permits a consent authority to consider development applications that do not comply with specified development standards contained within the LEP or other environmental planning instruments, such as State Environmental Planning Policies. This is a common rule that applies to all Councils across NSW.

Generally, a development standard is a requirement of an environmental planning instrument that has a numerical value. Common requirements include building height, lot size and floor space ratio. Development control plan numerical values are not development standards.

Clause 4.6 is common to all standard instrument LEPs across all NSW Councils. The objectives of the Clause are:

· To provide an appropriate degree of flexibility in applying certain development standards to development, and

· To achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Planning Circular PS20-002 specifies how Councils throughout NSW can use and interpret the Clause. The Circular also contains information about reporting requirements. For example, Council is required to report its (or the Local or Regional Panel’s) use of Clause 4.6 to DPIE on a quarterly basis.

To ensure transparency and integrity in the planning framework, and consistent with Planning Circular PS 20-002, quarterly reporting to a Council meeting is also required. Whilst this is the first report being tabled at a Council meeting, Council provides the quarterly report to DPIE and publishes the register on an ongoing basis on Council’s website.

The report includes DAs that were determined by planning officers under delegation, by the Liverpool Local Planning Panel (LPP) and Sydney Western City Planning Panel (SWCPP) where there was a Clause 4.6 variation request.

The report includes a register of variations to development standards that identifies:

· The development application number, description, and category of development.

· The property address, inclusive of the street address, and legal address.

· The zoning of the land, the concurrence authority, and date of determination.

· The environmental planning instrument, and development standard varied.

· The extent of the variation to the development standard, and justification.

The Clause 4.6 Variation Register for the quarter between July and September 2021 is provided at Attachment 1 for the information of the Council and community.

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.
Legislative	This report fulfils Council’s obligation with Planning Circular PS 20-002.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Clause 4.6 Variation Register

Ordinary Meeting

27 October 2021

Corporate Services Report

CORP 01

Investment Report September 2021

Strategic Direction	Leading through Collaboration Seek efficient and innovative methods to manage our resources
File Ref	286674.2021
Report By	Chi Nguyen - Accountant - Investments & Treasury Management
Approved By	Vishwa Nadan - Chief Financial Officer

Executive Summary

This report details Council’s investment portfolio and its performance for the month ended 30^th September 2021:

· Council held investments with a market value of $370 million;

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

· The portfolio yield was 103 basis points above the AusBond Bank Bill index;

	AusBond Bank Bill Index (ABBI)
Benchmark	0.04%
Portfolio yield	1.07%
Performance above benchmarks	1.03%

· Return on investment was $396k lower than the original budget;

· The market value of FRN’s held by Council decreased by $226k mainly as a reaction to adverse market news and fall in equity market due to potential risk of central banks taking rate increase action, in particular USA;

· This movement in market value is also contributing to adverse budget performance;

· Council’s investment advisor, Amicus Advisory, has completed its review of Emerald Mortgage Backed Securities (MBS) and recommends Council continue to hold its investments in the “Class A” and both “Class C” securities given current poor market pricing. MBS Securities are now not rated;

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

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

· Council is committed to NSW TCorp’s balanced investment framework and held 16.59% 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 September 2021, Council held investments with a market value of $370 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:

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

Asset Class	Sep-21	Jun-21
Senior Debts (FRN's ,TCD's & FRB)*	101.28%	101.27%
MBS (Reverse Mortgage Backed Securities)	78.77%	71.06%
T-Corp Unit Trusts	103.17%	103.17%

*Definition of terms

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

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

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

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

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

Council is committed to NSW TCorp’s balanced investment framework and held 16.59% of its portfolio in ADI’s rated BBB and below.

Emerald – Mortgaged Backed Securities

Council’s new investment advisor, Amicus Advisory, was asked on appointment to review Council’s investments in “grandfathered” mortgage backed securities. Amicus has completed its review and recommends Council continue to hold its investments in the “Class A” and both “Class C” securities given current poor market pricing. Notwithstanding this recommendation, Amicus has assessed that both “Class C” securities are likely to eventually default. Council will continue to receive interest up until default which is likely to be many years away. Fitch Rating Agency has decided to withdraw its rating on mortgage backed securities and as a result, Council investments in these securities are now classed non-rated.

Portfolio Maturity Profile

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

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

Overall Portfolio Credit Framework compliance to Investment Policy

Portfolio performance against relevant market benchmark.

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

The portfolio yield to 30^th September 2021 exceeded the AusBond Bank Bill index by 103 basis points (1.07% against 0.04%)

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

Performance of Portfolio Returns against Budget

Council’s investment income for September 2021 is $396k lower than the original budget. The market value of FRN’s held by Council decreased by $226k mainly as a reaction to adverse market news and fall in equity market due to potential risk of central banks taking rate increase action, in particular in the USA. This movement in market value is also contributing to adverse budget performance.

Investment Portfolio at a Glance

Portfolio Performance

The portfolio yield to 30^thSeptember 2021 exceeded the AusBond Bank Bill index by 103 basis points (1.07% against 0.04%)

Annual Income vs. Budget

Council’s investment interest income is $396k lower than the original budget as at 30^th September 2021 and will be closely monitored

Investment Policy Compliance

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

Economic Outlook – Reserve Bank of Australia

The Reserve Bank has left the official cash rate on hold at 0.10 per cent in its meeting on 5^th October 2021.The current 0.10 per cent cash rate is at a historically low level and impacts returns on investment.

Certificate of Responsible Accounting Officer

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

CONSIDERATIONS

Economic	Council’s investment interest income is $226k lower than the original budget as at 30^th September 2021 and will be closely monitored.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Council is fully compliant with the requirements of the Local Government Act 1993 – Investment Order (authorized investments) and with reporting requirements under clause 212 of the Local Government (General) Regulation 2005.
Risk	The capital value and return on investment is subject to market risks. Investment limits prescribed in Council’s policy framework is aimed to mitigate these risks. Market interest is expected to stay at its lowest rate for a long period and will continue to put pressure on Council’s budget.

ATTACHMENTS

1. September 2021 Investment Portfolio

Ordinary Meeting

27 October 2021

Corporate Services Report

CORP 02

Tabling Annual Pecuniary Interest Returns for Councillors and Designated Persons

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	303317.2021
Report By	Jessica Saliba - Acting Coordinator Governance
Approved By	George Hampouris - Acting Director Corporate Services

Executive Summary

The Model Code of Conduct for Local Councils in NSW was adopted by Liverpool City Council in September 2020. Clause 4.25 of the code requires that the completed annual pecuniary interest returns of councillors and designated persons holding office and occupying positions as at 30 June 2021, be tabled before the Council. Given this meeting takes place in a virtual forum, they will be available to view on Friday 29 October between 9am – 12pm by making an appointment with the General Counsel.

Councillors and designated officers were asked to complete their pecuniary interest return by 30 September 2021 to ensure that they were received and completed by the deadline specified in clause 4.26 of the Code of Conduct. All Councillors and designated staff who were required to submit the annual pecuniary return have done so and these have been lodged.

RECOMMENDATION

That Council:

1. The annual pecuniary interest returns of Councillors and designated persons, as at 30 June 2021, are now tabled before the Council in accordance with clause 4.25 of the Model Code of Conduct and available to view by making an appointment with the General Counsel;

2. Governance will only make redacted copies available to the public, if requested; and

3. Governance will publish a register on the Council website that will have a list of all the completed returns and trim numbers for redacted version only.

REPORT

Clause 4.21 of the Model Code of Conduct provides that a Councillor or a designated person, holding that position as at 30 June in any year, must complete and lodge with the General Manager (CEO) within three months after that date, in a form prescribed by the Code of Conduct.

The code details the requirements for the registration and tabling of returns lodged by Councillors and designated persons as follows:

4.24 The general manager must keep a register of returns required to be made and lodged with the general manager.

4.25 Returns required to be lodged with the general manager under clause 4.21(a) and (b) must be tabled at the first meeting of the council after the last day the return is required to be lodged.

On 26 July 2021 an email was sent to the Councillors and designated staff advising them of the requirement to have their return completed as soon as possible by completing the form online.

Where the CEO becomes aware of a breach of the pecuniary interest provisions of the Act he / she is obliged to notify both Audit NSW and the OLG. Breaches by staff are managed by the CEO under the Award. The OLG has jurisdiction over managing the review of alleged breaches by councillors.

A register of all returns lodged by Councillors and designated persons, in accordance with clause 4.24 of the code, is currently being kept by Council’s Governance Unit as required.

Requirement to publish:

Annual written returns are open access and should be made available for the public to see, however the returns contain personal information about Councillors and staff.

The mandatory proactive release provisions of the Government Information (Public Access) Act 2009 (GIPA Act) and the Government Information (Public Access) Regulation 2018 (GIPA Regulation) apply to the disclosure of information contained in returns disclosing the interests of Councillors and designated persons. The combined effect of the GIPA Act and the GIPA Regulation is that the information in the returns needs to be disclosed on the website of the Council.

Reason for redacting information:

After applying the public interest test, there is an overriding public interest against disclosure of personal information such as home addresses and signatures. Section 14 table 3(a) of the GIPA Act states that there is a public interest consideration against disclosure of information if disclosure could reasonably be expected to reveal an individual’s personal information.

Disclosing the returns promotes openness, transparency and accountability in local government. Section 74 of the GIPA Act allows the Council to delete information that we refuse to provide access to.

Section 6(4) of the GIPA Act requires Council to facilitate public access to open access information in a record by deleting information from a copy of the record to be made publicly available, if inclusion of the information would otherwise result in there being an overriding public interest against disclosure of the record, and it is practicable to delete the information.

Releasing the information contained in the returns of Councillors and designated persons in this manner facilitates the legitimate public interest in having access to the information, while protecting the individual’s right to privacy and safety.

On that basis, governance will publish a register on the Council website that will have a list of the completed returns with trim numbers to the redacted version.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Clauses 4.21, 4.24 and 4.25 of the Model Code of Conduct
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

27 October 2021

Corporate Services Report

CORP 03

NSW Grants Commission - Financial Assistance Grants Policy

Strategic Direction	Leading through Collaboration Seek efficient and innovative methods to manage our resources
File Ref	313956.2021
Report By	Vishwa Nadan - Chief Financial Officer
Approved By	George Hampouris - Acting Director Corporate Services

Executive Summary

The report outlines the NSW Grants Commission’s methodology which is used to calculate the Financial Assistance Grant paid to NSW councils every year.

RECOMMENDATION

That Council receives and notes this report.

REPORT

In accordance with its policy framework, the NSW Grants Commission wrote to Council on 20 August 2021 outlining the methodology used to calculate the $9.029m Financial Assistance Grant which Council will receive in 2021-22. The NSW Grants Commission letter and supporting information is attached.

In addition, the letter included an invitation to Council to make a special submission for consideration in determining the 2022-23 grant allocation. The submission provides Council with the opportunity to present information on the financial impact of inherent expenditure disabilities beyond Council’s control that are not generally recognised in the current methodology. Disability in this instance means for example, Council’s circumstances to raise income due to lower than State average population.

The NSW Grants Commission’s current methodology for allocating the Financial Assistance Grant is in principle driven by the key factors discussed below as compared to the NSW State standard.

1. General purpose component is measured by the following:

a) Population – There will be no disadvantage allowance where the population is greater than the NSW State standard. Liverpool’s estimated resident population of 231,296 is greater than the State standard of 63,801. The population estimate provided is correct as per the profile.id.com.au website and is current as of 30 June 2020. The population estimates are likewise used to determine eligibility based on several expenditure factors.

b) Pensioner Rebate Allowance – Where the NSW State standard is greater than the LGA % of pensioner rebates, no allowance is applicable. Liverpool’s pensioner rebates of 12.9% is less than the 15.2% NSW State standard.

c) Revenue Allowance – No allowance will be given where the LGA’s land values are greater than the NSW State standard. On both urban and non-urban properties, Liverpool’s values were greater than the average NSW State values.

2. Local Roads Component

Liverpool Council currently receives an allowance under the local roads component as its local road length of 907km is less than the 1,153km NSW State standard.

Council staff have not identified any other disability factor that can be put forward for consideration by the NSW Grants Commission.

CONSIDERATIONS

Economic	There are no economic considerations
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations.
Risk	There are no social and cultural considerations.

ATTACHMENTS

1. NSW Grants Commission Letter Dated 20 August 2021

Ordinary Meeting

27 October 2021

Corporate Services Report

CORP 04

Council Meeting Dates - January to December 2022 and Proposed Councillor Induction Session Dates

Strategic Direction	Leading through Collaboration Increase community engagement
File Ref	321941.2021
Report By	George Georgakis - Manager Council and Executive Services
Approved By	George Hampouris - Acting Director Corporate Services

Executive Summary

The purpose of this report is to confirm the Council meeting schedule for the 2022 calendar year and to inform Council of the proposed Councillor Induction Session dates. It is proposed that Council meetings for the 2022 calendar year continue to be held monthly commencing at 6.00pm and be held on the last Wednesday of the month, with exceptions where required.

RECOMMENDATION

That Council:

1. Confirms the Council meeting time as 6.00pm and Council meeting dates for the 2022 calendar year as follows:

· 2 February 2022

· 23 February 2022

· 30 March 2022

· 27 April 2022

· 25 May 2022

· 29 June 2022

· 27 July 2022

· 31 August 2022

· 28 September 2022

· 26 October 2022

· 16 November 2022

· 14 December 2022

2. Advertises the Council meeting dates and commencing times of Council meetings for the 2022 calendar year.

3. Notes the proposed program for Councillor Induction Sessions and notes that this is subject to change depending on the date of declaration of the election results.

REPORT

Council at its meeting in August 2021 considered a report on the “Alteration to Council meeting dates for the remainder of 2021” following the decision by the State Government to postpone the local government elections to 4 December 2021.

Point 2 of the resolution from the above meeting was that Council:

“Receive a further report at the October 2021 Council meeting with proposed Council meeting dates for 2022”.

The report will also outline a proposed timeframe for the Councillor Induction Program for the new Council.

Section 365 of the Local Government Act 1993 stipulates that Councils must meet at least 10 times per year, each time in a different month. Section 366 of the Act makes provision for additional meetings to be called if necessary.

To assist in meeting statutory requirements and provide reporting consistency, it is proposed that the Council meetings for the 2022 calendar year remain on a monthly cycle, on the last Wednesday of each commencing at 6.00pm. The exception to this will be January (no meeting) and November (meeting proposed for the third Wednesday of the month) and December (meeting proposed for the third Wednesday of the month).

As in previous years, a meeting in early February 2022 is recommended to be held to deal with business accumulated since 24 November 2021 which will be the last meeting of the current term of Council.

The November meeting is recommended to be held on the third Wednesday of November to allow for more even spacing of meetings at the end of the year. The December meeting is recommended to be held on the second Wednesday, to allow time for resolutions to be actioned (where possible) before the Christmas break.

Additional meetings can be called at any time, if necessary, subject to appropriate notice provisions. These could cater for extraordinary matters that arise from time to time or to prevent agenda items becoming too voluminous.

It is recommended that Council adopts the meeting dates for the 2022 calendar year as outlined in Table 1.

Table 1 – Proposed Council meeting dates 2022

Meeting date	Comments
2 February 2022	First meeting since the 24/11/2021 meeting to deal with accumulated business. This will also be the first meeting of the new Council.
23 February 2022	Last Wednesday of the month.
30 March 2022	Last Wednesday of the month.
27 April 2022	Last Wednesday of the month.
25 May 2022	Last Wednesday of the month.
29 June 2022	Last Wednesday of the month.
27 July 2022	Last Wednesday of the month.
31 August 2022	Last Wednesday of the month.
28 September 2022	Last Wednesday of the month.
26 October 2022	Last Wednesday of the month.
16 November 2022	Third Wednesday of the month.
14 December 2022	Second Wednesday of the month.

Councillor Induction Program

It is recommended that a series of Councillor Induction Sessions be held in early 2022 as outlined below. Note, as the deadline for the return of postal vote applications is 17 December 2021, the NSW Electoral Commission expects that the declaration of the new Council will occur sometime between 21 – 23 December 2021.

Ideally, the first induction Session would be held on the evening of 22 December 2021 to distribute and discuss the Councillor Induction Book to Councillors, advise on some key Governance matters and distribute IT devices.

The timeline below is therefore subject to change depending on the date of declaration of the new Council, however is provided below as a guide for the information of Council:

· Wednesday 22 December 2021

Induction Session 1: Presentation of Councillor Induction Book, Governance and IT matters.

Note, if the election is not declared in time to allow for this session to be held on 22 December, then it’s proposed to send the Councillor Induction Book electronically, and for arrangements to be made for IT staff to set up and deliver IT devices to Councillors’ homes before the new year.

· Thursday 20 January 2022

Induction Session 2: Presentation from the CEO and Directors on their areas of responsibility and main issues.

· Friday 28 January 2022

Induction Session 3: Western Sydney Airport Tour and presentations from the Executive Team on key issues.

· Mid-February 2022

Induction Session 4: Tour of depots and key issues.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities.
Civic Leadership	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct
Legislative	Section 365 and 366 of the Local Government Act 1993.
Risk	The risk is deemed to be low and is considered to be within Council’s risk appetite.

ATTACHMENTS

Nil

Ordinary Meeting

27 October 2021

Corporate Services Report

CORP 05

Motions for LGNSW Special Conference February - March 2022

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	322724.2021
Report By	George Georgakis - Manager Council and Executive Services
Approved By	George Hampouris - Acting Director Corporate Services

Executive Summary

The next Local Government NSW Annual Conference will have two components to it. There will be an online component on 29 November 2021 and an in-person Special Conference from 28 February – 2 March 2022. A report was submitted to the September 2021 Council meeting where Council determined its voting delegates for the 29 November 2021 Conference. This report is for Council to consider motions to be submitted to the Special Conference in 2022.

RECOMMENDATION

That Council endorse the motions as outlined in the report to be submitted to the Local Government NSW 2022 Special Conference.

REPORT

Council at its meeting on 29 September 2021 considered a report on the LGNSW Board Election and Annual Conference and resolved:

That:

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

2. Council nominate Mayor Waller, Clr Balloot, Clr Hadchiti, Clr Hagarty, Clr Harle, Clr Kaliyanda, Clr Karnib, Clr Rhodes and Clr Shelton as its voting delegates for the LGNSW Board Election and Conference on 29 November 2021, noting that Liverpool City Council is entitled to 9 voting delegates, and also noting that Councillor Hadid is entitled to one vote as he is a Director of the Association;

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

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

In accordance with point 3 of the above resolution, this report deals with motions for Council’s consideration to be submitted to the Special Conference in February – March 2022.

The deadline for motions to be submitted is 30 January 2022. The deadline to advise LGNSW of Council’s voting delegates for the February – March 2022 Conference is 17 February 2022. As such, it is recommended that the motions to be submitted be determined by this term of Council, and a further report will be submitted to the first meeting of the new Council to determine its voting delegates.

Information relating to the Annual Conference is attached along with a guide for submitting motions.

The Conference is the main policy making event for the local government sector where issues are debated and motions put forward for consideration by delegates.

The LGNSW Board has resolved that motions will be included in the Business Paper for the Conference only where they:

1. Are consistent with the objects of LGNSW;

2. Relate to local government in NSW and/or across Australia;

3. Concern or are likely to concern local government as a sector;

4. Seek to advance the local government policy agenda of LGNSW and/or improve governance of the Association;

5. Have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

6. Are clearly worded and unambiguous in nature; and

7. Do not express preference for one or several members over one or several other members.

It is recommended that Council submit the following motions on issues drawn from recent Council resolutions to be considered for inclusion in the Conference Business Paper.

i. Climate Action Plan

Background

The Climate Council of Australia states as follows:

2020 was the second hottest year on record, cementing the last decade as the hottest on record globally, as climate change continues to accelerate.

The National Oceanic and Atmospheric Administration (NOAA) has confirmed global average temperature for 2020 was +0.98C above the 20th century average, and only 0.02C shy of the previous record set in 2016.

‘It’s remarkable that despite La Nina conditions, 2020 was the second hottest year on record’, said Climate Council expert Professor Will Steffen.

‘What it’s telling us is that climate change is driving very rapid warming trends and worsening the impacts of natural variability events. This sets off yet another alarm bell to the climate change siren’, he said.

Campaigns for actions in relation to climate change have focussed on the younger generations, who have the most at stake, and local government because it is easier to find local governments who promote themselves as innovators and early and nimble movers than other levels of government and of course local government is the tier of government closest to and most likely to reflect, on a ground up basis, the wishes of the communities they represent.

Liverpool City Council is moving towards the creation of an evolving, overarching centralised policy document styled in terms of a Climate Action Plan which sets ambitious but realistic explicit goals in terms of measuring and attaining carbon neutral status for its own operations

Council wherever possible advocates in terms of the contents of this motion and supports other councils and/or local government units who have taken positive action on climate change, and further supports and joins various coalitions, networks and conferences created (or supported) by local governments addressing the issue of climate change.

MOTION

That LGNSW advocate for state and federal governments to adopt climate targets and actions including net zero emission targets that are, at least, consistent with international standards.

ii. Environmental Planning and Assessment Amendment (Compliance Fees) Regulation 2021

Background

On Friday 16 July 2021, Council was notified by the Chief Executive of LGNSW of the passage by the NSW State Government of the Environmental Planning and Assessment Amendment (Compliance Fees) Regulation 2021 (NSW). Liverpool City Council is one of 29 councils in NSW which charges compliance levies to support council development and compliance activities.

Earlier this year, while Council was finalising its 2021/2022 budget, the Government announced it intended to prohibit the ability of councils to charge a compliance levy from 1 July 2021. Following strong advocacy from LGNSW and councils, the Government announced it would defer this imposition on councils so it could consult with the sector and introduce a new compliance funding regime.

Regrettably, in the absence of any consultation and despite ongoing advocacy by LGNSW, the Environmental Planning and Assessment Amendment (Compliance Fees) Regulation 2021 was published on Friday 16 July 2021 with the effect of prohibiting councils from collecting compliance levies. For those councils that currently collect compliance levies, this prohibition now takes effect from 31 December 2021.

This regulation was made in the same month the Government saw the passage of new legislation which facilitates 'compliance levies' for the NSW Building Commissioner's Office. Councils will be required to collect the new compliance levies for the Building Commissioner's Office and remit the funds but won’t be able to collect compliance levies to fund their own development and compliance activities.

LGNSW considers this an outrageous impost on councils. LGNSW will be strongly responding to the Government's action and has requested Council’s assistance by providing information about the financial impacts of this change.

For Liverpool City Council, the compliance levy has raised, on average, $3 million per year (since the levy was introduced in FY 2015/16). This Council has previously resolved that all revenue from the levy be used to fund council development and compliance activities. Removing the ability for councils to collect a compliance levy will result in at least a $3 million shortfall in Council’s operational budget position in future years (potentially more depending on the level of development activity in the LGA) and will significantly affect our capacity to deliver the level of compliance activities expected by the community.

For high growth Councils like Liverpool, the Compliance Levy is an opportunity to ensure adequate oversight and resourcing of our regulatory responsibilities. Coming on top of changes to the contributions planning framework, the removal of the compliance levy is yet another cut to local government funding without any reduction in demand.

The State Government should reverse this decision or implement, at least, a 2-year moratorium on the removal of the levy for high growth Councils like Liverpool to enable a transition to any new scheme. This would enable a transition to alternative budget arrangements for future financial years without impacting so significantly on service delivery over the short term.

MOTION

That LGNSW lobbies the NSW State Government requesting the Government reverse the decision to prohibit council from collecting compliance levies from 31 December 2021, or in the alternative, for the State Government to implement (at least) a 2 year moratorium on the removal of the levy for high growth Councils to enable a transition to any new scheme.

iii. Proposed Changes to Developer Levies

Background

Recently the NSW Government released draft legislation that proposed changes to reduce the type of community projects that could be eligible for funding from developer contributions. This is one component of an overhaul of NSW’s infrastructure contributions system, which is due to come into force by July 2022.

However, these changes, if adopted, could shift more of the cost of infrastructure from developers onto ratepayers. It also means there is no guarantees that the money collected as part of these developments would be directed back into projects in the local areas that these levies had been collected.

Liverpool, as part of the south-west growth corridor, is already under significant pressure to meet the infrastructure needs of our fast-growing community. We need to juggle the responsibilities associated with developing infrastructure from scratch in many of the new release areas of our LGA. Furthermore, there is a risk that these changes could result in the NSW Planning Minister having discretion over what these developer contributions are spent on, rather than having extensive input and determination by the local communities that would need and use this infrastructure.

MOTION

LGNSW lobbies the NSW Government Council:

1. Expressing concern over the impact of these proposed changes to the legislation on local communities;

2. Seeking a guarantee from the NSW Government that contributions levied in a local area will be spent on that community; and

3. Seeking a guarantee from the NSW Government that community consultation and voices of the local community will be given specific importance in the determination of infrastructure spending and delivery.

Officer comment to above motion:

The Bill in Parliament has been deferred and the Minister has committed to release the documents supporting the Bill and the corresponding Regulation by the end of October 2021. Once that is done, staff will be reviewing the information to understand the impacts on Council. Nonetheless, in the meantime, Council may wish to submit the above motion to the Conference.

The following motion is also recommended to be submitted, which was requested by Councillor Rhodes through feedback prior to this report being prepared. The motion below was also submitted to the National General Assembly earlier this year.

iv. Pandemic safe housing and development

Background

It is now clear that the new NORM will include the necessity to learn from the COVID Pandemic in ways that effect the type of housing and governing planning instruments including LEP’s SEP’s and BASIX’s so that future housing provisions address the need to provide more COVID safe appropriate housing.

Governments at all levels need to re-address the Development and Planning controls to develop and include possible Pandemic mitigation that will provide Pandemic safe developments and Housing for the future.

Social and Affordable Housing planning controls need to be re-assessed in particular where small living quarters are designed for sleeping only, with expectation that other daily requirements are met through the provision of shared quarters and amenities.

Air flow through dwellings must be maximised and private outside access should be re-evaluated for possible inclusion as well as the possible need for home office space, issues that would necessitate Federal Government intervention to ensure the economic viability of Affordable and Social Housing.

MOTION

That LGNSW advocate for a national consultation process to be held to enable Governments at all levels, the opportunity to re-assess and implement new planning controls that will ensure the delivery of future Pandemic safe Housing and development.

CONSIDERATIONS

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

ATTACHMENTS

1. Information from LGNSW regarding Special Conference

2. Guide for submitting motions

Ordinary Meeting

27 October 2021

Infrastructure & Environment Report

INF 01

Cabramatta Creek Flying-fox Camp Management Plan

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	286324.2021
Report By	Michael Zengovski - Manager City Environment
Approved By	Raj Autar - Director Infrastructure & Environment

Executive Summary

The Cabramatta Creek Flying-fox camp straddles the local government area (LGA) boundary with Fairfield City Council (FCC) at Warwick Farm. The camp is occupied by the Grey-headed Flying-fox, which is listed as a threatened species under state and federal biodiversity conservation legislation.

In 2017, Council was successful in submitting a joint grant application with FCC for funding to develop a Flying-fox Camp Management Plan for the colony, which was an emergent statutory requirement at the time.

The Cabramatta Creek Flying-fox Camp Management Plan was finalised in October 2018 and was endorsed by the Office of Environment and Heritage’s Threatened Species Unit.

As Council officers are seeking funding opportunities to implement the remaining management actions, Local Government NSW (LGNSW) requires Council’s endorsement of the Plan to be eligible for future grant funding.

RECOMMENDATION

That Council receives and endorses the Cabramatta Creek Flying-fox Camp Management Plan, Final October 2018.

REPORT

Background

The Cabramatta Creek Flying-fox camp (the camp) is situated on land at the border of FCC and Liverpool City Council (LCC) in the suburbs of Cabramatta and Warwick Farm along Cabramatta Creek. The camp is predominantly situated within the Fairfield LGA and is occupied by the Grey-headed Flying-fox, identified as a threatened species. The camp extends into Jacquie Osmond Reserve in the Liverpool LGA.

In 2015, the Office of Environment and Heritage (OEH) released the Flying-fox Camp Management Policy 2015. This policy established best practice management for Flying-fox camps, including a strong recommendation for local Councils to develop a Camp Management Plan for their sites to minimise health and amenity impacts of flying-fox camps on the community, while avoiding unnecessary harm to flying-foxes.

As there is limited residential interface with the camp, with no interface in the Liverpool LGA, the colony is not viewed as contentious.

Camp Management Plan

The Cabramatta Creek colony already had a Camp Management Plan, developed in 2001, that applied only to the Fairfield LGA parts of the site. This 2001 plan didn’t conform with the Flying-fox Camp Management Policy 2015 and the Code of Practice Authorising Flying fox Camp Management Actions. It was necessary to develop a new Camp Management Plan that would apply to both LGAs, conform with the Policy and incorporate management actions being undertaken by LCC through the Environment Restoration Plan program.

In 2017, LCC officers, in collaboration with FCC, secured grant funding from LGNSW to develop a new Camp Management Plan. Ecosure Pty Ltd, a specialist consultant in the field of Flying-fox management was engaged to develop the new Plan.

Ecosure conducted the following stakeholder engagement exercises in March and April 2018 as part of the development of the Plan:

a) An online survey to gauge community awareness of Flying-foxes, including management requirements and potential issues. The survey also sought to identify the extent of misinformation about the species that would need to be addressed in any subsequent messaging and education campaigns.

b) A workshop with community and stakeholders to provide an opportunity for all stakeholders to contribute to shaping the Plan, and provide suggestions for specific management actions.

LCC’s Environment Advisory Committee members were invited to participate in these engagement exercises, in addition to other relevant stakeholders.

Management Actions

The Camp Management Plan identifies the following key actions applicable to LCC:

· Education and awareness programs to combat misinformation about impacts to human health, and minimising human impacts on the species.

· Routine camp management, including the requirement to develop a Plan of Management for Jacquie Osmond Reserve, that informs the extent of habitat enhancement and standard measures to avoid impacts to flying-foxes.

· Research to improve our understanding of flying-foxes and their habitat.

· Provision of artificial roosting habitat. Council to seek a research partner to trial different artificial roost options. This is not a priority at this time.

Some of the above actions are already being delivered by Council, such as education and awareness through the Sustaining Liverpool newsletter, camp management through existing operational management programs and Council’s participation in industry forums.

Endorsement of the Plan

In order to finalise the Camp Management Plan and discharge the grant, the Plan was sent to OEH for review and comment, and subsequent endorsement. Following the OEH endorsement, the Cabramatta Creek Flying-fox Camp Management Plan was finalised in October 2018.

LGNSW requires Councils to endorse their Plans to be eligible for future grant funding to deliver the remaining management actions, such as development of a Plan of Management for Jacquie Osmond Reserve.

Conclusion

Council endorsement of the Cabramatta Creek Flying-fox Camp Management Plan is necessary for Council officers to continue seeking additional funding opportunities through LGNSW to deliver the management actions.

CONSIDERATIONS

Economic	Council endorsement of the Camp Management Plan would facilitate access to grant funding to deliver the management actions.
Environment	Protect, enhance and maintain areas of endangered ecological communities and threatened species habitat. Raise community awareness and support action in relation to environmental issues.
Social	The Camp Management Plan balances community expectations with conservation outcomes. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	Act as an environmental leader in the community. Encourage the community to engage in Council initiatives and actions.
Legislative	Flying-fox Camp Management Policy 2015 Code of Practice Authorising Flying-fox Camp Management Actions 2018 Biodiversity Conservation Act 2016 Prevention of Cruelty to Animals Act 1979 Environmental Planning and Assessment Act 1979 Environment Protection and Biodiversity Conservation Act 1999
Risk	The Camp Management Plan guides the improved management of a threatened species to minimise environmental risks to Council. Education and awareness programs are required to provide balanced advice regarding potential health risks of flying-foxes. Potential financial and reputational risks if Council is unable to access grant funding to deliver camp management actions.

ATTACHMENTS

1. Ecosure Pty Ltd, October 2018, 'Cabramatta Creek Flying-fox Camp Management Plan' (Under separate cover)

ECD 01

TfNSW proposed Construction Lease over Council land being part Lot 5000 DP 855173 off Albemarle Place, Cecil Hills

Strategic Direction	Generating Opportunity Meet the challenges of Liverpool’s growing population
File Ref	326927.2021
Report By	John Milicic - Manager Property
Approved By	John F Morgan - Director Economy & Commercial Development

Executive Summary

Transport for NSW (TfNSW) have written to Council seeking a Construction Lease of approximately 820 square metres over Council land, being part of Lot 5000 DP 855173 at Albemarle Place, Cecil Hills, as part of its M12 Motorway, M7 to Northern Road project. It has been identified that the construction lease would be required for a four-year period.

This will facilitate the M12 project with timely entry to the land to undertake essential construction works to deliver this critical state significant infrastructure.

TfNSW initial proposal included a rental offer to Council of $1pa, if demanded. TfNSW were advised that the minimum that Council could consider was a rate of $35 per square metre plus GST per annum, as per Council’s Fees, and Charges which would equate to a rental of $28,700 plus GST per annum, or $114,800 plus GST, for the four-year period.

TfNSW have requested that Council consent to the compulsory acquisition of a four-year construction lease. As the land is classified as “Community” land, Council cannot consent to a dealing, however, Council can advise it has no objection to the compulsory acquisition process.

As Council is awaiting a further offer from TfNSW, it is recommended that Council resolves that it has no objection to the compulsory acquisition of the construction lease for a period of 4 years over part of Lot 5000 DP 855173 situated off Albemarle Place, Cecil Hills, subject to agreement being made on the amount of compensation payable to Council or if agreement is not reached that the compensation is determined by the Valuer General with a further report be provided to Council to determine if the Valuer General’s determination will be acceptable to Council.

RECOMMENDATION

That Council:

1. Resolves that it has no objection to TfNSW compulsorily acquiring a construction Lease for a period of 4 years over Part Lot 5000 DP 855173, situated off Albemarle Place, Cecil Hills, subject to agreement being made on the amount of compensation payable to Council, as outlined in this report.

2. Resolves that if agreement is no reached on the compensation amount payable to Council, that it has no objection to the acquisition of the construction lease by TfNSW by compulsory process including the reduction of the period of the Proposed Acquisition Notice (PAN) to 14 days.

3. Resolves that if agreement is not made to the amount of compensation payable and the compensation is determined by the Valuer General that a further report be provided to Council to determine if The Valuer General’s determination will be acceptable to Council.

4. Delegates authority to, and directs the CEO and his delegates to enter into negotiations with TfNSW for compensation no less than the occupancy fee rate identified in Council’s Fees and Charges and

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

REPORT

Transport for NSW (TfNSW) have written to Council seeking a Construction Lease of approximately 820 square metres over Council land being part Lot 5000 DP 855173 at Albemarle Place, Cecil Hills as part of its M12 Motorway, M7 to Northern Road project. It has been identified that the construction lease would be required for a four-year period (with provision to be extended) which is expected to commence in mid-2022.

Council’s land, being Lot 5000 DP 855173, has a total area of 1.469 hectares and forms part of a buffer between the adjoining Elizabeth Drive and residential homes situated off Albemarle Place and Isabel Street, at Cecil Hills. The land is zoned, RE1-Public Recreation, and is classified as “Community” land.

The TfNSW proposal for road construction, at the above location, necessitates a construction lease for temporary road construction over part of the subject, land shown by green hatching on the attached plan (TfNSW Sketch Plan SR 5459).

Extract of TfNSW Plan (proposed Construction lease Area hatched Green)

This will facilitate the M12 project with timely entry to the land required to undertake essential construction works to deliver this critical state significant infrastructure.

TfNSW have advised that access to the proposed construction lease area will only be via Elizabeth Drive as the land is only required for temporary construction purposes associated with Elizabeth Drive. TfNSW have also advised that consultation has taken place for the project as per the EIS and amendment assessment process. Council has also been advised that any removed vegetation will be reinstated like for like where possible and in accordance with urban and landscaping design plans.

As the land is classified as “Community” land, Council is limited in its dealings with the land under the provisions of the Local Government Act 1993. On this basis TfNSW is seeking Council's consent to acquire the construction lease by compulsory acquisition as soon as practicable.

As part of its proposal to Council, TfNSW have submitted a proposed construction lease with an offer of $1pa rental to Council if demanded. TfNSW have been advised that Council has a minimum occupation fee rate of $35 per square metre plus GST per annum in its adopted 2021/2022 Fees and Charges. Council has requested that TfNSW provide an offer with Council reserving the right to obtain its own valuation.

If TfNSW agree to pay $35/sqm plus GST per annum as per Council’s Fees and Charges for an area of 820 square metres that a rental payment of $114,800 plus GST for the four year period would be recommended. If agreed, it is proposed that this be paid to Council as a lump sum at the commencement of the lease.

Council would also seek payment of all costs including an Admin Fee and Legal fees associated with the proposal.

If agreement cannot be made to compensation, under the Land Acquisition (Just Terms Compensation) Act 1991, the Valuer-General would determine compensation pursuant to the acquisition. Under this process Council would have the ability to make a claim for compensation and obtain its own valuation. If Council does not agree to the Valuer General’s determination, it would have the option of lodging an objection to the NSW Land and Environment Court.

TfNSW have requested that Council provide its written concurrence to the acquisition in either of the following terms:

"Council consents to the acquisition of the lease by TfNSW by compulsory process and agrees to accept compensation in the amount as determined by the Valuer General."

Alternatively, if Council wishes to reserve its rights to appeal to the Land and Environment Court in respect to the amount of compensation determined by the Valuer-General, then its written concurrence should be provided as follows:

"Council consents to the acquisition of the lease by TfNSW by compulsory process including the reduction of the period of the Proposed Acquisition Notice (PAN) to 7 days."

In reference to the request that Council provide consent to the acquisition, given Council’s limitations in dealings associated with “community” land, it is recommended that Council resolve that it has no objection to the proposal to compulsorily acquire a construction lease over the identified Council “community” land.

TfNSW have also sought a reduction to the standard Proposed Acquisition Notice period of 90 days to 7 days to provide certainty of obtaining construction access to the site. It is recommended that Council approve a reduced period of 14 days to allow for Council to review its claim for compensation if agreement has not been reached beforehand.

While the approach is to reach agreement with TfNSW in the absence of an agreement for compensation, the Valuer General will determine compensation. A further report will be provided to Council if the Valuer General determines compensation in this matter.

It is also recommended that Council enter into an agreement for compensation, if TfNSW agree to pay the rate of $35 per square metre plus GST per annum, and all of Council’s costs in this matter upon commencement of the construction lease.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	Support the delivery of a range of transport options.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Land Acquisition (Just Terms Compensation) Act 1991 and Local Government Act 1993.
Risk	The risk is deemed to be Low Risk as TfNSW would be requires to compulsorily acquire a construction lease interest and pay compensation to Council.

ATTACHMENTS

1. Plan - Proposed Construction Lease Area Hatched Green

Ordinary Meeting

27 October 2021

Economy & Commercial Development Report

ECD 02

Sydney Water proposed Compulsory Acquisition of part of Lot A & Lot B DP 380884

Strategic Direction	Generating Opportunity Meet the challenges of Liverpool’s growing population
File Ref	326936.2021
Report By	John Milicic - Manager Property
Approved By	John F Morgan - Director Economy & Commercial Development

Executive Summary

Sydney Water have written to Council to advise of the commencement process for the acquisition of parts of Lot A & Lot B DP 380884, (being NSW Crown Land), situated off Bridges Road, Liverpool for a barometric loop as part of the wastewater upgrades Sydney Water is delivering to support growth in the Liverpool CBD.

The proposal involves the acquisition of an area of approximately 600 square metres of land within Haigh Park Liverpool, which is NSW Crown Land Reserve No. 1000990 (part of Chipping Norton Lakes) for which Council is the Crown Land Manager under the provisions of the Crown Land Management Act 2016.

Under the Guideline -compulsory acquisition of Crown Land, the acquiring authority is required to address any interests in the land. In this regard, Sydney Water have advised that they intend to have compensation assessed by a Valuer General’s determination.

As Sydney Water has sought Council’s concurrence as Crown Land Manager, it is recommended that Council resolve that it has no objection to the compulsory acquisition of the identified land, within Lot’s A& B DP 380884, on the basis that, in addition to any other interests that any interest that Council may have as Crown Land manager, is addressed in the compensation determination.

RECOMMENDATION

That Council:

1. Resolve that it has no objection to the compulsory acquisition of the relevant Parts of Lot A and Lot B DP 380884 Bridge Road, Liverpool by Sydney Water, on the basis that in addition to any other interests, that Council’s interest as Crown Land Manager, is addressed in the compensation determination and

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

REPORT

Sydney Water have written to Council to advise of the commencement process for the acquisition of parts of Lot A & Lot B DP 380884, (being NSW Crown Land), situated off Bridges Road, Liverpool, for a barometric loop and associated infrastructure, as part of the wastewater upgrades Sydney Water is delivering to support growth in the Liverpool CBD.

The proposal involves the proposed acquisition of an area of approximately 600 square metres of land within Haigh Park, which is NSW Crown Land Reserve No. 1000990, (part of Chipping Norton Lakes), for which Council is the Crown Land Manager under the provisions of the Crown Land Management Act 2016.

Lot A DP 380884 has an area of approximately 3.3 hectares and Lot B DP 380884 has an area of approximately 4.36 hectares, of which Sydney Water propose to acquire, an area of 600 square metres. The land is zoned as RE1-Public Recreation, is vacant and subject to flooding, and being identified in a high-risk flood category.

Plan area edged “red” indicative proposed area to be acquired by Sydney Water

Plan of proposed location of barometric infrastructure

Sydney Water intends to acquire part of the above land parcels, for the purpose of constructing a barometric loop and associated wastewater infrastructure, as part of wastewater upgrades to support growth within the Liverpool CBD.

The barometric loop is a tall steel structure that consists of two linked vertical pipes, up to 10 metres in height with a 14 metre high vent shaft. The purpose of the barometric loop is to create an artificial high point in the wastewater system to ensure the pressure main remains pressurised.

Sydney Water have provided images, shown below, of a barometric loop, that was installed for a project in Marsden Park. The pictures are not an exact representation of what is being proposed on Haigh Park, as the Marsden Park barometric loop is bigger, with four pipes while this site will only have two.

Images of Four Pole barometric loop installed at Marsden Park.

The compulsory acquisition process

As the land is identified as Crown Land, Sydney Water is bound to acquire the property by way of compulsory acquisition. On which basis, Sydney Water is seeking Council’s agreement, as the Crown Land Manager, to commence the process of Crown Land acquisition.

Under the Guideline -compulsory acquisition of Crown Land, the acquiring authority is required to address any interests in the land including any Aboriginal land claim and native title interest.

Sydney Water has determined that native title has not been extinguished, in respect of the land to be acquired, but that the acquisition itself and the works proposed by Sydney Water will be valid future acts under the Native Title Act 1993 (Cth).

In accordance with the Land Acquisition (Just Terms Compensation) Act 1991, Sydney Water will issue a Proposed Acquisition Notice (PAN) subject to a surveyed plan of acquisition. The gazettal can be undertaken by Sydney Water no less than 90 days but within 120 days from the date of issue of the PAN. The compensation for this Crown Land acquisition will be determined by the NSW Valuer General.

Although Sydney Water have sought Council’s concurrence, as Crown Land Manager, to the proposal, Council is required to manage the land as if the provisions of the Local Government Act 1993 were to apply. On this basis, adopting a “community” classification of the land, it is recommended that Council resolve, that it has no objection to the compulsory acquisition of the relevant Parts of Lot A and Lot B DP 380884 Bridge Road, Liverpool by Sydney Water, on the basis that in addition to any other interests that Council’s interest as Crown Land Manager is addressed in the compensation determination

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	Manage air, water, noise and chemical pollution.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Land Acquisition (Just Terms Compensation) Act 1991, Crown Land Management Act 2016, Local Government Act 1993 and Sydney Water Act 1994.
Risk	The risk is deemed to be Low as it is a proposed acquisition of a portion of NSW Crown Land, which Council is the Crown Land Manager.

ATTACHMENTS

Nil

Ordinary Meeting

27 October 2021

Committee Reports

CTTE 02

Minutes of the Community Safety and Crime Prevention Advisory Committee Meeting held on 2 September 2021

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	301464.2021
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Acting Director Community & Culture

Executive Summary

This report is tabled in order to present the Minutes of the Community Safety and Crime Prevention Advisory Committee Meeting held on 2 September 2021.

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Community Safety and Crime Prevention Advisory Committee Meeting held on 2 September 2021.

2. Endorse the actions in the Minutes.

REPORT

The Minutes of the Community Safety and Crime Prevention Advisory Committee held on 2 September 2021 are attached for the information of Council.

The minutes contain a number of tasks for Council staff to undertake, none of which will have a financial impact on Council.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities. Support policies and plans that prevent crime. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Minutes of the Community Safety and Crime Prevention Advisory Committee meeting held on 2 September 2021

Ordinary Meeting

27 October 2021

Committee Reports

CTTE 03

Minutes of the Intermodal Precinct Committee meeting held on 6 September 2021

Strategic Direction	Generating Opportunity Attract businesses for economic growth and employment opportunities
File Ref	305839.2021
Report By	Chris Guthrie - Coordinator Business Development
Approved By	John F Morgan - Director Economy & Commercial Development

Executive Summary

This report is tabled to present the minutes of the Intermodal Precinct Committee meeting held on 6 September 2021.

The Committee passed several motions that are not recommended to be endorsed by Council for the reasons outlined in this report.

RECOMMENDATION

That Council:

1. Receives the minutes of the Intermodal Precinct Committee meeting held on 6 September 2021;

2. Notes the following recommendation of the Committee that has been actioned:

· Council writes to the CEO of the NSW EPA requesting attendance at a future meeting of the Intermodal Committee;

3. That Council write to QUBE to thank them for their efforts in establishing a vaccination hub on their site, and that Council promotes the vaccination hub to the community; and

4. That Council writes to the Secretary of the Department of Planning, Industry and Environment and the relevant Federal Infrastructure Minister responsible for the Moorebank Intermodal requesting QUBE approve Council access to the bike path located between Casula Parklands and Leacock Park.

REPORT

The minutes of the Intermodal Precinct Committee meeting held on 6 September 2021 are attached for the information of Council.

The minutes contain the following Committee recommendations, some of which are not recommended to be adopted by Council for the reasons outlined.

1. That Council’s CEO submit correspondence to the CEO of EPA NSW to request attendance for a future scheduled meeting with Council.

Officer Comment:

Council officers met with EPA staff on 11 October 2021 to discuss compliance matters at the site. EPA staff have committed to attend a Committee meeting at a future date as well as provide some written commentary on compliance processes at the MIT.

2. That Council engage with State and Federal Government, including relevant stakeholders to develop designs for the Moorebank Precinct West masterplan and that these be consistent with Council’s vision for the area.

Officer Comment:

The MPW site already has a concept approval for an Intermodal and state significant development applications have been approved for uses associated with an Intermodal. Whilst Council can engage with the State and Federal government, and relevant stakeholders including QUBE, it is unlikely that the approved use of the MPW site for an Intermodal would change.

It is not recommended that Council itself develop designs for the Moorebank Precinct West site given the concept and DA approvals outlined above. This recommendation of the Committee would also have a financial impact on Council that is not quantifiable at this stage and which is not included in the 2021/22 Operational Plan.

3. That staff report back to a future Intermodal Precinct Committee meeting on progress of releasing court information regarding the Moorebank Intermodal development.

Officer Comment:

Council was not a party to the legal proceedings. If the committee wishes the documents tendered as part of the legal proceedings to be made public, RAID will need to seek their own legal advice on the release of those documents. A previous response to Council indicated why Council couldn’t release the documents. This position has not changed.

4. That the letter submitted from the Senior General Counsel to Liverpool City Council be attached to these minutes.

Officer Comment:

Further information is needed from the Committee as to what letter is being referred to before a determination can be made as to whether legal professional privilege will apply.

5. That Council write to QUBE to thank their efforts for establishing a vaccination hub on their site, and in addition, this Committee recommends that Council’s Communications Team promote the vaccination hub that is held by QUBE to the community.

Officer Comment:

Council, in the interests of public health, issued a media release on 13 September 2021, promoting the establishment of the vaccination hub on site.

6. That Council writes to the Secretary of Planning and the relevant Federal Infrastructure Minister responsible for the Moorebank Intermodal, to direct QUBE on behalf of Council to approve access to the bike path located between Casula Parklands and Leacock Park.

Officer Comment:

This area of land, which is federally owned, is the missing link between the Casula Parklands shared pathway and the Leacock Park shared pathway.

CONSIDERATIONS

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

ATTACHMENTS

1. Intermodal Precinct Meeting Minutes

Ordinary Meeting

27 October 2021

Committee Reports

CTTE 04

Minutes of the Liverpool Youth Council Meeting held on 14 September 2021

Strategic Direction	Leading through Collaboration Encourage community participation in decision-making
File Ref	308677.2021
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Acting Director Community & Culture

Executive Summary

This report is tabled in order to present the Minutes of the Liverpool Youth Council Meeting held on 14 September 2021.

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Liverpool Youth Council Meeting held on 14 September 2021; and

2. Endorse the recommendations in the Minutes.

REPORT

The Minutes of the Liverpool Youth Council held on 14 September 2021 are attached for the information of Council.

The minutes contain the following actions or Committee recommendations:

· Youth Council members endorse to proceed with the Ripple Kickstart Career Lab program.

· The cost to deliver the Ripple Kickstart Career Lab program is $1,100 (inc GST), which will be drawn from the existing Youth Council budget allocation for 2021/2022.

CONSIDERATIONS

Economic	$1,100 to be used from existing Youth Council budget for 2021/2022
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions.
Legislative	Include any relevant legislation and section here. There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Minutes of the Liverpool Youth Council meeting held on 14 September 2021

Ordinary Meeting

27 October 2021

Committee Reports

CTTE 06

Minutes of the Companion Animals Advisory Committee meeting held on 31 August 2021

Strategic Direction	Leading through Collaboration Encourage community participation in decision-making
File Ref	309995.2021
Report By	Nada Mardini - Manager Community Standards
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

This report is tabled to present the minutes of the Companion Animals Advisory Committee meeting held on 31 August 2021.

RECOMMENDATION

That Council receives and notes the minutes of the Companion Animals Advisory Committee meeting held on 31 August 2021.

REPORT

The minutes of the Companion Animals Advisory Committee meeting held on 31 August 2021 are attached for the information of Council.

The minutes contain several actions for Council to undertake, none of which will have a financial impact.

The Committee also passed the following motion at the meeting:

Motion: That the Committee express its confidence in Council staff regarding management of Council’s Animal Shelter.

On being put to the meeting, the motion was declared carried.

CONSIDERATIONS

Economic	There are no economic and 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	Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Minutes of the Companion Animals Advisory meeting held on 31 August 2021

Ordinary Meeting

27 October 2021

Committee Reports

CTTE 07

Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 15 September 2021

Strategic Direction	Generating Opportunity Advocate for, and develop, transport networks to create an accessible city
File Ref	323474.2021
Report By	Charles Wiafe - Service Manager Transport Management
Approved By	David Smith - Acting Director Planning & Compliance

Executive Summary

This report presents the minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 15 September 2021. At the meeting, the Committee considered ten (10) agenda items, two (2) technical discussion items and six (6) general business items.

A copy of the meeting minutes with the Committee’s recommendations are included in Attachment 1.

RECOMMENDATION

That Council adopts the following recommendations of the Committee:

Item 1 Australis Avenue, Wattle Grove – Proposed Raised Pedestrian Crossing

· Approves the upgrade of the existing marked crossing across Australis Avenue, Wattle Grove

· Submits a Traffic Management Plan (TMP) to TfNSW for endorsement, for the required no right turn from Yarran Court, Wattle Grove into Australis Avenue.

· Undertakes community consultation prior to construction.

Item 2 Fourth Avenue, Austral – Proposed Roundabouts and interim treatments at its intersections with Eleventh Avenue and Tenth Avenue

· Approves the proposed roundabouts and associated signs and linemarking scheme.

· Approves Stop signs interim intersection treatment at the Eleventh Avenue/Fourth Avenue intersection and re-installation of the signs and line marking at the Fourth Avenue/Tenth Avenue intersection.

· Notes that detailed design drawings of the roundabouts and the interim intersection treatments are to be submitted to TfNSW for review prior to installation.

Item 3 Moorebank Avenue and Bapaume Road, Moorebank – Proposed Temporary Right Turn for Construction Access

· Approves the temporary modification (for 12 months) to the Moorebank Avenue and Bapaume Road intersection, Moorebank, and associated signs and linemarking scheme.

· Approves the internal roundabout and associated signs and line making scheme.

· Notes that detailed design drawings and additional information including swept analysis on the temporary intersection treatment and the internal roundabout are to be submitted to TfNSW for review prior to installation.

Item 4 Liverpool City Centre High Pedestrian Activity Area, Liverpool – Proposed Treatments

· Approves four entry and one midblock treatment and associated regulatory signs and linemarking scheme.

· Notes that detailed design drawings are to be forwarded to TfNSW and Police for review prior to installation.

Item 5 Wilson Road and Hinchinbrook Road Intersection, Hinchinbrook – Proposed Roundabout modification

· Approves the modification to the existing splitter islands and installation of raised thresholds across the Hinchinbrook Drive and Partridge Avenue approaches at the intersection.

· Notes that detailed design be forwarded to TfNSW and Police for review prior to installation.

Item 6 Middleton Drive, Middleton Grange – Proposed Pedestrian Refuge

· Approves installation of a pedestrian refuge in Middleton Drive, Middleton Grange, north of Bird Walton Avenue.

Item 7 Wonga Road, Lurnea - Proposed Raised Pedestrian Crossing

· Approves upgrade of the existing marked crossing to a raised threshold along with associated signs and linemarking scheme.

Item 8 Fifteenth Avenue and Fourth Avenue intersection, Austral – Proposed roundabout modification

· Approves installation of raised thresholds across the four approach lanes at the Fifteenth Avenue and Fourth Avenue roundabout.

· Notes that prior to installation of the raised threshold across the Fifteenth Avenue (western leg) and Fourth Avenue (southern leg) approaches, vehicle classification is be carried out and results discussed with TfNSW.

Item 9 Fifteenth Avenue and Craik Avenue intersection, Austral – Traffic Management Plan for Proposed Right Turn Restrictions

· Submits the required Transport Management Plan to TfNSW for endorsement, to restrict right turn movement at the Fifteenth Avenue and Craik Avenue intersection, Austral.

Item 10 Sergeant Street, Edmondson Park – Proposed Temporary Road Closure for Outdoor Dining

· Approves temporary road closure of Sergeant Street to through traffic from November 2021 to March 2022.

· Notes the required Transport Management Plan is to be submitted to TfNSW for endorsement.

· Notes that delegated approval will be sought for required changes to the existing signposting.

Item 11 Items Approved Under Delegated Authority.

· Approves the works approved under the delegated approval process.

REPORT

This report presents the minutes and recommendations of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 15 September 2021. At the meeting, the Committee considered ten (10) agenda items, two (2) technical discussion items and six (6) general business items.

A copy of the meeting minutes, incorporating the Committee’s recommendations on the agenda items is included in Attachment 1. It is recommended that Council adopts the Committee’s recommendations on the agenda items as outlined above.

The Committee’s discussions and recommendations on the two (2) technical discussion items and six (6) general business items were considered, and the recommended actions are as follows:

Technical Discussion Items

TD1 - Macquarie Street and College Street, Liverpool – Proposed directional signage

The Committee considered a proposal to install directional signs along sections of Macquarie Street and College Street and recommend that Council approve installation of the proposed directional signs as part of the TfNSW funded Digital Smart Kerbs Pilot project.

The directions signs are to be installed on the northern and southern approaches to Macquarie Street and College Street at its intersection with Elizabeth Street. Design drawings of the directional signs are shown in the Attachment booklet.

TD2 - Henderson Road, Edmondson Park – Request for a marked pedestrian crossing.

The Committee considered a request for a marked pedestrian crossing across a section of Henderson Road west of the signalised Soldiers Parade / Henderson Road intersection.

Recommendation - Assessment of the pedestrian crossing be deferred, until pedestrian and traffic counts have been carried out and the impact on the existing Soldiers Parade and Henderson Road signalised intersection have been discussed with TfNSW.

General Business Items

GB1 - Lyn Parade and Jedda Road Intersection, Prestons – Request for additional pedestrian crossing facilities

Council has received representation from the Member for Holsworthy for additional pedestrian crossing facilities at the Lyn Parade and Jedda Road intersection.

Recommendation – Council to undertake design investigation for pedestrian crossing facilities at the existing Lyn Parade and Jedda Road roundabout.

The outcome of the investigation is to be presented to the Committee at a future meeting.

GB2 - Cressbrook Drive, Wattle Grove – request for parking restrictions

The Member for Holsworthy has requested No Stopping restrictions during school peak periods along sections of Cressbrook Drive, Wattle Grove.

Following community consultation, local residents have objected to the requested parking restrictions.

Recommendation - The requested No Stopping restrictions during school peak periods along sections of Cressbrook Drive, Wattle Grove, is not supported.

The Member for Holsworthy is to be advised of the Committee’s decision.

GB3 - Adams Road and Elizabeth Drive Intersection, Luddenham – Access Arrangement for the proposed adjacent Quarry Development

The Committee was advised that TfNSW’s Customer Journey Planning team has approved No right turn out of Adams Road into Elizabeth Drive. This would affect turning movements at the intersection. In addition to the right restriction, other signs and line marking would be required at the intersection.

Recommendation – As Adams Road is a local street a delegated approval is to be obtained for the other required signs and linemarking scheme along the road.

GB4 - Busby Road and Cartwright Avenue Roundabout, Miller

The Police representative reported that is damaged road section, which is becoming a dip in Bushy Road, close to the Busby Road/Cartwright Avenue roundabout, is affecting road safety and should be addressed.

Council is to repair the road section to remove the dip, to improve road safety.

GB5 - Manning Street, Warwick Farm

The Police representative requested an update on arrangements to improve safety of horse movements across sections of Manning Street.

The Committee was advised that one of two horse warning signs has been fixed is now operating well. The second one is being repaired.

A request with a design has been submitted to Endeavour Energy to install additional streetlight or replace existing one with brighter lamps close the horse crossing sections. The Company would install improved streetlight during the year

GB6 - Fifteenth Avenue and Cowpasture Road Intersection

Clr Harle expressed concerns about motorcycle noise particularly on weekends and requested whether the police can address the concern.

The Police representative advised that the police can run an operation to address the noise concern.

Budget impact of matters arising from the minutes

Item	Description	Funding, Indicative Cost and Timing
1	Australis Avenue, Wattle Grove – Proposed Raised Pedestrian Crossing	TfNSW Safer Roads Grant Funding Indicative Cost - $150,000. Timing – May 2022.
2	Fourth Avenue, Austral – Proposed Roundabouts and interim treatments at its intersections with Eleventh Avenue and Tenth Avenue	Developer Indicative Cost – No cost to Council Timing – Dependent on the Developer construction timeline.
3	Moorebank Avenue and Bapaume Road, Moorebank – Proposed Temporary Right Turn for Construction Access	Developer Indicative Cost – No cost to Council Timing – Dependent on the Developer construction timeline.
4	Liverpool City Centre High Pedestrian Activity Area, Liverpool – Proposed Treatments	TfNSW Safer Roads Grant Funding Indicative Cost - $500,000. Timing – May 2022.
5	Wilson Road and Hinchinbrook Road Intersection, Hinchinbrook – Proposed Roundabout Modification	Council’s minor traffic facilities project Indicative Cost - $60,000. Timing – June 2023.
6	Middleton Drive, Middleton Grange – Proposed Pedestrian Refuge	Council’s minor traffic facilities project Indicative Cost - $60,000. Timing – June 2023.
7	Wonga Road, Lurnea - Proposed Raised Pedestrian Crossing	Council’s minor traffic facilities project Indicative Cost - $140,000. Timing – June 2023.
8	Fifteenth Avenue and Fourth Avenue intersection, Austral – Proposed roundabout modification	Council’s minor traffic facilities project Indicative Cost - $150,000. Timing – June 2023.
9	Fifteenth Avenue and Craik Avenue intersection, Austral – Traffic Management Plan for Proposed Right Turn Restrictions	Council’s minor traffic facilities project Indicative Cost - $30,000. Timing – March 2022.
10	Sergeant Street, Edmondson Park – Proposed Temporary Road Closure for Outdoor Dining	Developer Indicative Cost – No cost to Council Timing – Dependent on the Developers implementation of the proposed road closure.
11	Items Approved Under Delegated Authority.	TfNSW block grant funding Indicative Cost - $10,000. Timing – August 2021.

CONSIDERATIONS

Economic	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.
Environment	Promote an integrated and user-friendly public transport service. Support the delivery of a range of transport options.
Social	Support access and services for people with a disability. Improve road and pedestrian safety.
Civic Leadership	Actively advocate for federal and state government support, funding and services.
Legislative	Roads Act.
Risk	The risk is considered Low. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 15 September 2021 (Under separate cover)

Ordinary Meeting

27 October 2021

Questions with Notice

Question with Notice - Clr Hagarty - Community Sport

Strategic Direction

Creating Connection

Create a dynamic, inclusive environment, including programs to support healthy living

File Ref

320547.2021

QUESTION WITH NOTICE

Background

Many of our local community sporting clubs have been heavily impacted for two seasons due to the COVID-19 pandemic and shutdown of community sport.

Clubs have lost players who haven't returned and they've also lost significant canteen and fundraising receipts.

Community sport is also a proven way to boost ones physical and mental well-being.

If it can be done in a COVID safe way, it should be allowed.

Questions

Please address the following:

1. Is there any indication as to when community sport will return?

2. What engagement and advocacy has Council undertaken with sporting bodies and the State Government for a return to community sport?

Response

1. The NSW State Governments Roadmap to Freedom outlines an in-principle plan for the return to community sport that is broadly based around the achievement of state-based vaccination milestones. In summary:

i. At 70% vaccination rates outdoor gatherings are permissible in groups of less than twenty (20) persons. NSW Office of Sport have advised that this ruling allows sporting groups to commence some activities where all persons including coaches and administrators are fully vaccinated. At this stage full club training and competition is not able to commence.

ii. At 80% vaccination rates community sport can recommence training for fully vaccinated persons with some restrictions. This allows sports clubs to commence training and competitive activity for fully vaccinated person, those holding medical exemptions and children under the age of 16. Council expects that NSW will reach the 80% vaccination rate on 15 October 2021.

iii. On December 1, 2021 the road map proposes that all Community Sport can recommence for all persons irrespective of vaccination rates.

While the roadmap outlines the milestones for the re-emergence of sporting activity, Council continues to work with sporting organisations and associations to determine how clubs can apply this ruling for registrations, how to administer strategies for spectators and non-playing persons. Under the NSW Health Guidelines, all Sporting Clubs are required to apply their own COVID safe plan that is relevant for both the sporting code and venue.

2. Council has maintained close contact with major state sporting organisations, NSW Office of Sport and other peak industry bodies to both provide local representation and to ensure that up to date information can be provided to clubs accordingly.

ATTACHMENTS

Nil

Ordinary Meeting

27 October 2021

Questions with Notice

QWN 02

Question with Notice - Clr Harle - Pearce Park

Strategic Direction

Strengthening and Protecting our Environment

Manage the community’s disposal of rubbish

File Ref

320550.2021

QUESTION WITH NOTICE

Background

Pearce Park, an overgrown unused area located at the rear of Councils’ Rose Street Depot, has been used to store a range of waste materials including road base, concrete rubble, building waste and similar materials originating from several Liverpool CBD sites. Included in the waste are several large diameter concrete stormwater pipes scattered throughout the overgrown area. These pipes appear to be used as a “rough sleeper area” and a gathering place by groups of people that may be homeless. This activity. especially under current Covid restrictions, may pose a significant health risk to themselves and anyone that may enter the area especially unaccompanied children.

Questions:

Please address the following:

1. Is Council aware of the use of these pipes as “rough sleeping areas” or homeless people?

2. What plans does Council have for any future use and rehabilitation of the overall area?

3. What are the estimated costs of carrying out remediation works?

Response

1. Is Council aware of the use of these pipes as “rough sleeping areas” or homeless people?

As co-convenor of the Fairfield/Liverpool Homelessness Interagency (a shared responsibility with Fairfield City Council), Council works closely with a number of key sector services and government agencies to coordinate responses to reports of rough sleepers in Liverpool. Part of this approach includes providing weekly updates to the Department of Communities and Justice (DCJ) to support their Assertive Outreach Patrols. Representatives from DCJ conduct twice-weekly Assertive Outreach patrols to known rough sleeper locations to offer support and assistance.

At the time of this question Pearce Park was not identified as a known rough sleeper location in Liverpool. However, this location was reported to the Department of Communities and Justice (DCJ) on 24 September 2021 for inclusion in their Assertive Outreach Patrols. On 1 October 2021 this report was followed up with DCJ with a request to provide feedback to Council on the result of the patrol once it has occurred, including whether any individuals were sighted and if so, were engaged and support offered. The DCJ have confirmed that due to isolation of the site, this request was referred to their local access team to investigate, hence the delay in the process.

The DCJ patrol on 12 and 14 October 2021 advise that no rough sleepers were sighted at Pearce Park. The patrol officers advise the concrete pipes are believed to be too small for someone to sleep in. They advised of signs of drinking activity but not believed to be street sleeping. Council will be requesting the DCJ continue to monitor Pearce Park for the next few weeks to confirm whether any rough sleepers are at this location so they can be assisted. This information will be shared with Councillors once received.

Council’s Asbestos Assessment Officer inspected the site to identify possible remediation works required at this location and collected a sample of the stormwater pipe material to determine if it contained asbestos. Whilst some bedding and clothing was noticed, there were no individuals present at the site at the time of inspection.

The result from the sample analysis (received on 7 October 2021), confirmed the presence of asbestos containing material. Given the positive asbestos result, Council is awaiting new advice from DCJ to inform and relocate any rough sleepers that may be living at the site as soon as practicable. Following the relocation of any rough sleepers from this area, Council will remove the asbestos stormwater pipe and any other building waste material.

2. What plans does Council have for any future use and rehabilitation of the overall area?

In the short term, the City Presentation Team will continue to spray for noxious weeds in the turf area and address safety issues as part of the Parks Team regular program of works.

In the mid to long term, City Presentation operations and facilities are being reviewed with a strategy to upgrade to a state-of-the-art depot in line with the growth of the LGA. Council is reviewing options for the Rose Street Depot, Western Depot and possibly a Western Western Depot closer to the new airport. A further report will be submitted to Council for consideration when further details are available.

3. What are the estimated costs of carrying out remediation works?

Soil contamination investigations will be undertaken at the park in early 2022 to understand the sub surface soil conditions and start planning for any required remediation work. The costs for the remediation work will be determined following the completion of soil investigations.

ATTACHMENTS

Nil

Ordinary Meeting

27 October 2021

Questions with Notice

QWN 03

Question with Notice - Clr Rhodes - Impacts of NSW Health Work orders on homeowners issued with Council Works Orders and their ability to comply

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

320555.2021

QUESTION WITH NOTICE

Please address the following:

1. What are the impacts of COVID NSW Health work restrictions on Council Order timeframes on individual homes that possibly affect homeowners’ ability to comply?

2. How many illegal works orders have been issued on Liverpool homeowners whilst Liverpool is, or has been under NSW Health Work restrictions?

3. How many fines have been issued to homeowners because they have been unable to comply with Council Works Orders issued against their homes, during the time Liverpool has been under NSW Health Work restrictions?

4. Has Council changed its procedure in order to consider the NSW Health Order restrictions on homeowners’ ability to be able to comply with Council Works Orders time frames when issuing Council Work Orders on private homes and if so, how?

Response

1. What are the impacts of COVID NSW Health work restrictions on Council Order time frames on individual homes that possibly affect homeowner’s ability to comply?

Council ceased issuing notices/orders on 16 July 2021 including the issuing of warning letters on outstanding orders. Council’s Compliance & Regulatory staff recommenced inspections and compliance action from 1 September 2021, in line with the easing of restrictions on construction work.

2. How many illegal works orders have been issued on Liverpool homeowners whilst Liverpool is, or has been under NSW Health Work restrictions?

As outlined above, Council ceased issuing notices/orders on 16 July 2021 including the issuing of warning letters on outstanding orders Since inspections and compliance action recommenced on 1 September 2021, 4 notices/orders have been issued at the time of writing this response.

Nil.

Council ceased issuing notices/orders on 16 July 2021 including the issuing of warning letters on outstanding orders. Anyone issued with a Notice can make representations to Council and extensions of time are considered on a case-by-case basis.

ATTACHMENTS

Nil

Ordinary Meeting

27 October 2021

Questions with Notice

QWN 04

Question with Notice - Clr Kaliyanda - Growth of African Olives and Other Invasive Weed Species

Strategic Direction

Strengthening and Protecting our Environment

Protect and enhance bushland, rivers and the visual landscape

File Ref

320559.2021

QUESTION WITH NOTICE

Please address the following:

1. What approach does Council currently have toward the management of the African Olive, and other invasive weed species in Leacock Regional Park, and other parks and green spaces in Liverpool?

Response

Leacock Regional Park is the tenure of National Parks and Wildlife Services.

Council’s management of invasive weed species varies depending on the category of land. Informed by the Biosecurity Act 2015 and regional plans of management, Council takes a risk management approach to the control of pest species, which balances management objectives with cost effectiveness.

Much of Council’s approach to weed management can be classified as asset protection, containing existing threats and prioritising those that impact the function of a given asset. High priority weeds, particularly those emerging in the region, have been identified for eradication (e.g., Frogbit).

With regards to natural assets, such as bushland and waterways, Council has a number of operational programs targeting weeds. Council’s Aquatic Weed Program targets a suite of species that impede recreational use and impact ecosystem functions in Council waterways. The Environment Restoration Plan (ERP) program works to restore and maintain areas of high conservation value. Weed management forms a significant part of these activities; however, it is limited to established ERP sites.

Weed treatments on Council’s remaining natural assets take a reactive management approach in response to Councillor and Customer Requests. Whenever possible, Council officers leverage grant funding opportunities to target an area of concern or add value to existing approaches.

Where Council actively manages weeds, such as African Olive, priority is given to areas of high conservation value. These areas have remnant native vegetation and greatest capacity to regenerate following removal of weeds. Areas with significant infestations require a greater input of resources to effectively restore than more resilient areas. Where large infestations are treated, best practice requires a staged ‘mosaic’ approach to the removal of weeds, ensuring there is adequate habitat for fauna and that soil stability is maintained. This also ensures that no area is over cleared.

Council is currently developing an Integrated Pest Management (IPM) policy and strategy which will provide priorities and guidance on the management of weeds and other pests. The draft IPM policy was presented to the June 2021 Council meeting. A draft IPM strategy is due to be presented to the February 2022 Council meeting.

2. What resources are currently allocated to manage the problem and prevent these invasive weed species from impacting the natural biodiversity of the area, especially in the ever-reducing Cumberland Plain Woodland?

Response

The on-ground management of Council’s environmental assets falls under the jurisdiction of the Environmental Operations Unit of City Presentation.

Council’s Biosecurity Officer is primarily responsible for the execution of relevant biosecurity duties, which include priority weed control and investigation of high-risk pathways. The biosecurity portfolio also delivers the Aquatic Weeds Program, with an annual operating budget of $40,000. Council leverages Weed Action Plan grant funding for the delivery of the Kei Apple Eradication Program.

The ERP program is a package of projects and programs, funded by Council’s Environment Levy permanent special rates variation, for the improvement of Liverpool’s natural environment for the long-term benefit of the community. The ERP program manages approximately 200ha of bushland. Projects are managed by a dedicated project officer. The on-ground works component consists of a series of ecological restoration projects and their subsequent management by Council’s ERP Bush Regeneration team. The ERP program engages two bush regeneration teams totalling 8 staff for the ongoing management of ERP sites. Projects featuring the targeted removal of African Olive in the Casula locality have been included in the last two rounds of ERP projects.

Council does not have a dedicated officer for the management of natural assets. Reactive management of these areas is programmed by Coordinator Environment Operations. Reactive works cost $270,000 in the 2020-2021 financial year. This has included short term treatments for African Olive and exotic vines in waterways and all other natural areas and environmental operational issues.

3. Is the current level of allocated resources sufficient to adequately address the issue?

Response

It is important to note that weed management is an ongoing process. Ecological restoration can take upwards of 20 years to remediate degraded bushland when actively managed. Adequate resourcing depends on the management outcomes sought for a particular area or weed species, and the extent and severity of weed infestations.

The responsibilities of Council as a land manager are identified in the Local Government Act 1993 and described core business. Other legislation, such as the Biodiversity Conservation Act 2016 and Biosecurity Act 2015, identifies additional statutory requirements of land managers for the conservation of biodiversity and the management of invasive species.

The Local Government Act 1993 (the Act) requires Council to prepare Plans of Management (PoM) for land under its care and control, determining the use and management objectives for a given location, and set service standards for those areas. This defines the performance targets and operating budget.

Natural Area is one category of community land identified under the Act and pertains to areas of conservation value. This includes bushland, watercourses, and wetlands. With a few exceptions, the majority of Council’s environmental assets fall under a Generic Plan of Management for Parks. As such, the management objectives for Natural Areas identified under the Act are not applicable, and service standards are inadequate. Those sites that are exceptions have a site-specific PoM, where Natural Areas are identified on a portion of the site. However, these plans are generally out of date and operational management programs have not been developed to achieve the stated objectives.

The reliance on reactive management is a product of incorrect categorisation and lack of governance for these assets. Reactive management does not satisfy core business objectives for the management on these assets, as defined by the Act, and does not produce long-term biodiversity gains.

The ERP Bushland Project Officer manages the delivery of the ERP ecological restoration projects using contractors due to the intensity, frequency, and seasonal nature of the works. Projects are identified and budgeted for within the operating budget afforded by the Environment Levy. Two of the eight bush regenerator positions are temporarily vacant. With the ERP program limited to established ERP sites, it has been possible to scale up resourcing over time as new sites are added. It is noted that the ERP program constitutes a prescribed set of outputs that sit outside Council’s core business. While the objectives align, the ERP program and the Environment Levy were not established to satisfy core business delivery. The Environment Levy provides adequate resourcing for the ERP program.

Resourcing is considered adequate for the current service standard, though this is below stakeholder expectations and statutory requirements. Without dedicated officers and operational funding, it is not possible to address the issue in a way that would be deemed satisfactory. Without Plans of Management and an operational management program it is not possible to systematically and effectively reduce the presence of a broad spectrum of weeds and improve the conservation outcomes of Council’s environmental assets.

Operational management of natural areas includes weed treatment as an activity. However, this is undertaken holistically and typically without regards to priority weed concerns. Priority pest programs are another layer of management that target a particular species for management. The aquatic weed program in the biosecurity portfolio is an example of this.

The Biosecurity Officer role is a dedicated position, though it covers all public and private land within the LGA. The position has a limited operating budget and relies on external funding opportunities to build capacity. Programs are restricted to a limited number of priority species. The current capacity satisfies statutory requirements but does not represent best practice or align with community expectation.

The IPM policy and strategy that is currently being developed will consider a range of weed and pest animal species that may be suitable for a priority pest management program.

City Presentation is in the process of reviewing operational expectations and resourcing requirements of the Parks and Open Spaces business unit. The review and recommendations are expected to be completed in six months.

4. How does Council interact with other levels of government, agencies and volunteer groups in relation to this issue?

Response

Council officers work with relevant stakeholders and agencies, and with all levels of government.

Council works with Local Land Services and Department of Primary Industry on biosecurity matters, particularly managing new incursions. Council works with Department of Planning Infrastructure and Environment on matters pertaining to biodiversity conservation.

Council is actively involved in the regional Weed Committee.

Council and its officers are active members of the Georges Riverkeeper Combined Councils Catchment Management Group. Council receives support in return for its participation, including weed control and litter collection.

The ERP program facilitates the Environment Volunteer Program, consisting of 10 groups of volunteers that meet monthly to undertake weed control on their local bushland areas. Weed management techniques are limited in scope due to lack of vocational qualification and restrictions on the use of power tools and pesticides.

Council applies to external agencies for grant funding opportunities when they arise.

ATTACHMENTS

1. Casula Restoration Works and Maintenance Maps.

Ordinary Meeting

27 October 2021

Questions with Notice

QWN 05

Question with Notice - Clr Kaliyanda - Disaster Preparation Tool

Strategic Direction

Leading through Collaboration

Seek efficient and innovative methods to manage our resources

File Ref

320567.2021

QUESTION WITH NOTICE

Background

A new geospatial tool has been released, designed to help councils prepare for severe weather events while supporting recovery and expediting insurance claims. Developed by analytics provider Nearmap, the tool looks to map every major natural disaster that impacts property, infrastructure and communities in the country. More than 6,200 square kilometres of disaster-affected land, including Cyclone Seroja, the Perth Hills fires and the NSW floods have already been captured. The tool has been developed in collaboration with government agencies and disaster relief organisations.

Please address the following:

1. Is Council aware of this tool?

Response

Council is aware of Nearmap’s Impact Response geospatial tool feature. The tool is a “Post-Catastrophe” program to capture imagery in the aftermath of natural disasters.

The images are captured by services flown by Nearmap however in accordance with Nearmap terms they will not fly in certain adverse conditions such as bad weather and thick smoke. The geospatial tool does not provide assurances of the timing of images, when the image will be captured (post-disaster) or even if an event will be covered. Capturing the images will depend on the scale of the impact on the community, infrastructure and property, as well as the official declaration of a "disaster" or "emergency" by the state or federal government.

Council is currently a Nearmap subscriber. The cost for this add on feature (Post-Catastrophe program) is $5,300.00 (excl GST) per year, which would provide Council with the imagery (if available) 30 days before it is released to all Nearmap subscribers.

In relation to disaster preparedness and mitigating the impacts there would be very few advantages gained with the Post-Catastrophe program as it is not an early warning system. The system could provide some benefit by comparing imagery of a site or location pre-event to post-event for desktop impact assessment. However, this imagery would be available post 30 days as an existing Nearmap subscriber. A review of the geospatial tool offered by Nearmap and the additional annual cost, it is not recommended as the best option for the Council as a tool for disaster preparation and mitigating the impacts of severe weather events.

The Local Emergency Management Officer (LEMO) is working with NSW Government Spatial Services and the Emergency Information Coordination Unit (EICU) who are also involved in the whole of government imagery capture. This service includes imagery flown by Spatial Services, imagery available from tasked satellites, and imagery captured by Nearmap. As an Emergency Management Agency and through the LEMO, the EICU will provide Council with access to this imagery.

2. If so, how will this be integrated with Council’s existing policies and measures in relation to disaster preparation and mitigating the impacts of severe weather events.

Response

In the last 2 years, Council has experienced severe weather events including, bushfires, major flooding and most recently, the COVID-19 pandemic. All the events have resulted in an increased focus on councils being "resilient ready." Council is looking at several critical and strategic initiatives to enhance and evolve Council’s disaster preparedness, risk mitigation, resilience planning and emergency response operations. The initiatives include:

Creation and appointing of an FTE Local Emergency Management Officer (LEMO)

The LEMO role has transformed in recent years, with an increased workload and additional responsibilities, including being on-call on a 24/7 basis. In relation to governance, the LEMO function is bound by the requirements of the state and regional Emergency Management Plans (EMPLANs) and other supporting plans. Currently, the LEMO function is an auxiliary role to the Director of City Presentation. This makes it extremely demanding on both business-as-usual workloads and emergency management functions, particularly time-critical events. To provide greater capability and capacity in emergency management operations and disaster preparedness initiates to support the community, a full-time LEMO position reporting to the Director City Presentation is required. The 2021/2022 budget made financial provisions for the appointment of a full time LEMO however, due to the ongoing pandemic situation, to date no appointment has been made.

Multi-Agency cooperation and alignment

Critical to the success of the Council’s local emergency management planning (disaster preparedness and subsequent emergency response operation) is a collaborative synchronizing multi-agency practice managed through the Local Emergency Management Committee (LEMC).

As chairperson, the LEMO coordinates and leads the LEMC working with the Regional Emergency Management Officer, NSW Police, Transport for NSW, NSW Health, Fire and Rescue, SES, and the Rural Fire Service. On occasions with state-wide declared disasters, the State Emergency Operation Command is stood up and leads the support at a state level. There are also other stakeholders that can contribute an understanding of local resources, vulnerabilities, and networks, such as local council representatives in community and environmental services.

The flood response in March 2021 and the recent experience the COVID lockdown provision placed on Liverpool and the surrounding LGA’s, reinforced the need and benefit to maintain these relationships on an ongoing basis outside of the critical response setting.

For example, from lessons learnt reviews in the aftermath of the flood disaster experience, this event highlighted new initiatives required such, as a dedicated Council Liaison Officer being embedded within SES operations during emergency response operations.

The LEMC multi-agency alliance is critical for supporting Council’s early warning systems as well as emergency management operations and is an essential function of the LEMO to build and maintain these relationships constantly.

Build Internal Capacity and Capability

The Council must continue to develop the capability and capacity for emergency management by increasing the awareness across the organisation with internal local emergency management teams. The Critical Incident Response Team (CIRT) currently plays an important role in raising awareness and making decisions during emergency events.

However, as an emergency response support agency, Council will need to undertake an audit of its emergency management operations to ensure it has the resources and trained staff to undertake emergency management operations and effectively support the LEMC. Training and Development of staff in emergency management principles and operations will benefit the organisation. Additional resources for surge capacity will also assist in integrating Council's existing policies and measures in disaster preparation and mitigating the impacts of severe weather events and emergency operations.

ATTACHMENTS

Nil

Ordinary Meeting

27 October 2021

Notices of Motion

NOM 01

Recycle waste without having to separate waste at point of collection

Strategic Direction

Strengthening and Protecting our Environment

Manage the community’s disposal of rubbish

File Ref

331569.2021

Author

Karress Rhodes - Councillor

Background

The significant difference claimed in recycling of waste proposed in the SSD development in Shoalhaven LGA is that there is no need for separation Collection which benefits in a simplification of the waste collection process that relieves the individual decision making and guess work by individual constituents on how to go about throwing away all the different types of waste such as plastic bottles with a metal cap, paper stuck to its side and some ketchup still inside which necessitates education of the masses and delivers questionable results.

Benefits claimed are:

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Waste collection operators can decrease the amount of bins and trucks in circulation for collection because of the one Simple collection of municipal solid waste which appears to offer a cost saving with:

· Less money spent on the number of bins required;

· Less money spent on truck movements reducing traffic congestion and traffic pollution;

· Less money spent educating the masses on what has to go into what bin; and

· Less contamination issues that is a result of people not doing the right thing.

The Shoalhaven State Significant Development proposes:

· That 96% is saved from landfill;

· Recycling: glass, plastics, metals, minerals, fuels (rdf/srf) and biomass to be used as fertilizer or fuel with a remaining 4% destined to landfill;

· The process is odourless, and it does not include any incineration processes; and

· Biomass is widely used: as an agricultural fertilizer, a base for the fermentation process or as a fuel (SRF). Laboratory tests have also confirmed its potential as a substrate for the production of hydrogen or for the production of building materials.

The current progress of the SSD in Shoalhaven LGA Boielektra development.

The commencement of Stage 1 works is awaiting construction certificate (CC). We have been advised by the DPIE that CC will be issued by the end of this week. This will allow us to commence the demolition and clearing of the site as per Stage 1 approval.

The Stage 2 Development Application is a State Significant Development (SSD) and is currently under assessment by the Department of Planning.

The public exhibition period of the Environmental Impact Statement (EIS) and accompanying documents closed on Monday 12^th of July 2021. As a result, 11 submissions were received from the public, organisations and public authorities.

(https://www.planningportal.nsw.gov.au/major-projects/project/10271).

WaterNSW, the Biodiversity and Conservation Division of DPIE, Roads and Maritime Service, Transport for NSW, Crown Lands, Heritage NSW, and the public submission support the development as drafted.

Fire and Rescue NSW, Shoalhaven City Council, Environmental Protection Authority and Endeavour Energy either asked for additional information or provided recommendations on specific conditions to incorporate in the final approval.

Bioelektra have prepared a Response to Submissions which will be provided to DPIE in October 2021. The response will also be provided to stakeholders to confirm that their concerns have been addressed, prior to issuing any approvals and finalising the approval conditions.

Shoalhaven Council have communicated that they are comfortable with the way the process is progressing and the responses to technical matters related to the development by Bioelektra and expects that appropriate Consent Conditions will be available shortly after the RTS report is submitted.

NOTICE OF MOTION

That Council bring back to the November Council Meeting a report that considers and compares any possible advantage or disadvantage between waste recycling procedures that either separate waste at point of pick up similar to what we have now and those that do not separate waste at point of pick up from homes, similar to technologies offered through Bioelektra as an example who is currently engaged in a State Significant Development recycling waste in a “joint” project with Shoalhaven City Council.

CHIEF EXECUTIVE OFFICER’S COMMENT

Council will provide a report for the November Council meeting considering the advantages and disadvantages as well as explaining Council’s current Waste Management methodology and how it compares with alternative arrangements noted in this notice of motion.

ATTACHMENTS

Nil

Ordinary Meeting

27 October 2021

Notices of Motion

NOM 02

Support for Fairy Glen at Harris Creek

Strategic Direction

Leading through Collaboration

Increase community engagement

File Ref

332239.2021

Author

Charishma Kaliyanda - Councillor

Background

At the September 2021, I presented a petition of over 770 residents seeking Council support for a Fairy Glen initiative along Harris Creek Reserve. Council accepted the petition at this meeting.

Since then, Council officers have been communicating with representatives from the community to consider issues relating to compliance, governance, the environment and other factors to determine the best way forward in supporting this initiative.

This has been met with wide support from the community who see the initiative as an effect way to lift our collective spirits following what has been a very difficult time for our region.

This motion acknowledges the work that Council staff have done so far and seeks Council support for a Fairy Glen initiative along Harris Creek Reserve.

NOTICE OF MOTION

That Council:

1. Formally support the development of a Fairy Glen at Harris Creek Reserve.

2. Continue to work with the representatives identified by the authors of the petition at the September 2021 Council Meeting to determine the best way forward in practically supporting this initiative.

CHIEF EXECUTIVE OFFICER’S COMMENT

During the recent COVID-19 outbreak in NSW and the subsequent stay at home orders, parks and open spaces have been a focal point for the community to access as a key recreational destination. The local travel limitation of 5km for residents living in areas of concern, including the Liverpool Local Government Area (LGA), has meant that residents have had access to fewer sports, recreational and leisure facilities. This has resulted in community-driven initiatives and activities in a number of parks, open spaces and natural reserves across Liverpool, presenting both opportunities and challenges. The Fairy Glen at Harris Creek, Holsworthy is one such initiative.

Following discussion of this initiative at the September Council meeting, staff have collectively reviewed the project and its potential. Staff have identified a number of compliance and environmental issues, such as public safety, environmental impacts of materials used, and ongoing management and regulatory responsibilities. Particular concerns have been noted regarding how items are fixed to trees and the potential harm caused. While supportive of the initiative, a number of residents have also contacted Council with similar concerns.

This community-driven initiative provides an opportunity for Council to work with residents on a project of interest to strengthen community connections and capacity-building. It provides opportunities to raise community awareness and understating of Council’s compliance processes, safety through environmental design, as well as Council’s expectations and regulations for use of recreational facilities. There is also an opportunity to engage and connect the community with natural areas, educating users about environment and sustainability practices, such as an appreciation of local threatened flora. For this, a meeting with resident representatives has been scheduled for 27 October to further explore the proposal, discuss opportunities and constraints, the residents’ capacity to manage the activity and Council’s role and potential levels of support.

In consideration of the upcoming meeting with residents and its outcomes, and the initial staff assessment of this initiative, Council could provide in-principle support to this project subject to further investigation and assessment by responsible departments.

ATTACHMENTS

Nil

Ordinary Meeting

27 October 2021

Notices of Motion

NOM 03

1 Sirius Road, Voyager Point

Strategic Direction

Strengthening and Protecting our Environment

Protect and enhance bushland, rivers and the visual landscape

File Ref

332584.2021

Author

Nathan Hagarty - Councillor

Background

1 Sirius Road, Voyager Point is currently for sale.

This and neighbouring Lots 68 and 75 have significant environmental value and are unique examples of an intact wetland ecosystem in Liverpool. The entire site includes almost 10 hectares of prime koala habitat.

There is already approval for one house and there are significant concerns in the community about the potential for further development to take place at the site.

The site is currently zoned E3 Environmental Management and is also mapped as ‘Environmentally Significant Land’ in the LEP.

The area is also identified in the draft Cumberland Plain Conservation Plan as a Strategic Conservation Area.

NOTICE OF MOTION

That Council:

1. Notes that 1, Lot 68 and Lot 75 Sirius Road, Voyager Point:

· have significant environmental value;

· are prime koala habitat; and

· are unique examples of an intact wetland ecosystem in Liverpool.

2. Reaffirms its commitment to the protection of the site through E3 Environmental Management zoning and its designation as Environmentally Significant Land in the LEP.

3. Writes to the State Government in support of the site’s designation as a Strategic Conservation Area.

CHIEF EXECUTIVE OFFICER’S COMMENT

The sites referred to (1 Sirius Road and Lots 68 and 75 Sirius Road, Voyager Point) are zoned E3 Environmental Management, and there are very limited permissible land uses in the zone which are outlined in the land use table in the Liverpool Local Environmental Plan 2008. A dwelling house is a permissible land use.

Any development application for a permissible land use must address the objectives of the E3 zone. These are:

· To protect, manage and restore areas with special ecological, scientific, cultural, or aesthetic values.

· To provide for a limited range of development that does not have an adverse effect on those values.

· To enable the recreational enjoyment or scientific study of the natural environment.

The sites are mapped as containing ‘Environmentally Significant Land’ pursuant to Clause 7.6 of the Liverpool LEP 2008, and as such, before an application is determined, Council is required to consider the following as relevant:

a. The condition and significance of the vegetation on the land and whether it should be substantially retained in that location,

b. the importance of the vegetation in that particular location to native fauna,

c. the sensitivity of the land and the effect of clearing vegetation,

d. the relative stability of the bed and banks of any waterbody that may be affected by the development, whether on the site, upstream or downstream,

e. the effect of the development on water quality, stream flow and the functions of aquatic ecosystems (such as habitat and connectivity),

f. the effect of the development on public access to, and use of, any waterbody and its foreshores.

The sites are not biodiversity certified, are partially flood prone and bushfire prone which limits any future development. The sites are identified in the draft Cumberland Plain Conservation Plan (CPCP) as a Strategic Conservation Area and parts of the site are mapped under the CPCP as “Important Koala Habitat”.

Council endorsed a submission on the draft CPCP at its meeting of 27 October 2020 (Attachment 1) which included commentary on the proposed Strategic Conservation Areas.

ATTACHMENTS

1. Submission on draft Cumberland Plain Conservation Plan

0
PLAN 01	Post Exhibition Report - Renaming of The Northern Road to Willmington Road, Luddenham
Attachment 1	Combined Submissions Willmington Road, Luddenham

0
CORP 05	Motions for LGNSW Special Conference February - March 2022
Attachment 2	Guide for submitting motions

Strategic Direction	Creating Connection Celebrate diversity, promote inclusion and recognise heritage
File Ref	292434.2021
Report By	Craig Lambeth - Coordinator Sports and Recreation
Approved By	Tina Bono - Acting Director Community & 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.

0
CTTE 01	Liverpool Sports Committee Minutes of meeting held 26 August 2021
Attachment 1	Liverpool Sports Committee Minutes of meeting held 26 August 2021

0
CTTE 05	Minutes of the Environment Advisory Committee held on 9 August 2021
Attachment 1	EAC Minutes - 9 August 2021