COUNCIL AGENDA
Ordinary Council Meeting
23 February 2022
Francis Greenway Centre, 170 George Street, Liverpool
You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 23 February 2022 commencing at 6.00pm. Doors to the Francis Greenway Centre will open at 5.50pm.
Liverpool City Council Meetings are livestreamed onto Council’s website and remain on Council’s website for a period of 12 months. If you have any enquiries, please contact Council and Executive Services on 8711 7584.
Mr Peter Diplas
ACTING CHIEF EXECUTIVE OFFICER
Order of Business
PAGE TAB
Acknowledgment of Country and Prayer
National Anthem
Apologies
Condolences
Confirmation of Minutes
Ordinary Council Meeting held on 02 February 2022.............................................................. 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 - Liverpool Local Environmental Plan 2008 Amendment 88 and amendments to the Liverpool Growth Centre Precincts Development Control Plan at 1370 Camden Valley Way, Leppington............................................. 63......... 1
PLAN 02 Special Flood Considerations Clause in the Liverpool Local Environmental Plan 2008................................................................................................................ 75......... 2
PLAN 03 Status update on planning proposal request at Lot 6 Newbridge Road, Moorebank 84 3
PLAN 04 Planning proposal to amend Schedule 5 - Environmental Heritage of the Liverpool Local Environmental Plan 2008...................................................................... 96......... 4
PLAN 05 Endorsement of submission on the Discussion Paper: A New Approach to Rezonings..................................................................................................... 101......... 5
PLAN 06 Endorsement of submission on the NSW Government's Infrastructure Contributions Reforms.................................................................................. 112......... 6
Community & Culture Report
COM 01 Liverpool District Forums - Evaluation Report.............................................. 121......... 7
Corporate Services Report
CORP 01 Biannual Progress Report - December 2021............................................... 131......... 8
CORP 02 Budget Review - December 2021................................................................ 134......... 9
CORP 03 2022 National General Assembly of Local Government.............................. 163....... 10
CORP 04 Investment Report January 2022................................................................. 194....... 11
City Presentation Report
NIL
Infrastructure & Environment Report
INF 01 Georges River Revitalisation Committee..................................................... 205....... 12
INF 02 Local Roads and Community Infrastructure Program.................................. 218....... 13
Economy & Commercial Development Report
ECD 01 Reclassification of Augusta Cullen Plaza to Community Land.................... 223....... 14
ECD 02 Liverpool Health and Innovation Trade Delegation to New Zealand........... 226....... 15
ECD 03 Public Sector Working Hub........................................................................... 233....... 16
Committee Reports
CTTE 01 Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 3 February 2022................................................................ 242....... 17
Questions with Notice
QWN 01 Question with Notice - Clr Harle - Ongoing Illegal dumping occurring in Edmondson Park and generally in the Liverpool LGA...................................................... 251....... 18
QWN 02 Question with Notice - Clr Kaliyanda - Youth Strategy................................ 254....... 19
QWN 03 Question with Notice - Clr Goodman - Flood Evacuation Plan.................... 256....... 20
QWN 04 Question with Notice - Clr Kaliyanda - Georges River Flood Studies.......... 257....... 21
QWN 05 Question with Notice - Clr Harle - Wattle Grove Lakeside Park.................. 258....... 22
QWN 06 Question with Notice - Clr Hagarty - Pet Adoptions..................................... 259....... 23
Presentations by Councillors
Notices of Motion
NOM 01 Council Policies and Standards.................................................................... 260....... 24
NOM 02 Property Maintenance - Newbridge Road, Moorebank................................ 262....... 25
NOM 03 Hybrid Community Forums........................................................................... 264....... 26
NOM 04 Moorebank Intermodal Development Special Levy..................................... 266....... 27
NOM 05 Mountain Bike Racing Track......................................................................... 268....... 28
NOM 06 Pre-existing projects for inclusion into the Big Plan considerations............ 270....... 29
NOM 07 Government Grants and Funding................................................................. 271....... 30
NOM 08 Council contract budget concerns................................................................ 273....... 31
NOM 09 Potholes........................................................................................................ 274....... 32
NOM 10 Name Suggestion for Unnamed Bridge........................................................ 275....... 33
NOM 11 Michael Wenden Aquatic Centre Upgrade................................................... 276....... 34
NOM 12 Assisting the Liverpool Chamber of Commerce to Support the Liverpool Business Economy....................................................................................................... 279....... 35
Council
in Closed Session
The following items are listed for consideration by Council in Closed Session with the public excluded, in accordance with the provisions of the Local Government Act 1993 as listed below:
CONF 01 Proposed Acquisition of Lot 133 DP17134, 39 Newbridge Road, Chipping Norton the Moorebank Voluntary Acquisition Scheme
Reason: Item CONF 01 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
CONF 02 Legal Affairs Report - 1 October 2021 to 31 December 2021
Reason: Item CONF 02 is confidential pursuant to the provisions of s10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
CONF 03 Proposed Road Closure and Sale/Land Swap of part of Hanwell Serviceway and part of Elizabeth Street, Liverpool (to be provided in Addendum Booklet)
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.
Close
MINUTES OF THE Ordinary Meeting
HELD ON 2 February 2022
PRESENT:
Mayor Ned Mannoun
Councillor Ammoun
Councillor Goodman
Councillor Green
Councillor Hadid
Councillor Hagarty
Councillor Harle
Councillor Kaliyanda
Councillor Karnib
Councillor Macnaught
Councillor Rhodes
Mr Peter Diplas, Acting Chief Executive Officer
Mr Paul Perrett, Director Corporate Services
Ms Tina Bono, Director Community & Culture
Ms Nada Mardini, Acting Director Planning & Compliance
Mr Raj Autar, Director Infrastructure & Environment
Mr John Morgan, Director, Economy & Commercial Development
Ms Jennifer Chenhall, General Counsel, Manager Governance, Legal and Procurement
Ms Ellen Whittingstall, Internal Ombudsman
Mr Vishwa Nadan, Chief Financial Officer
Ms Lina Kakish, Manager City Planning
Ms Anthea Desmond, Acting Manager Communications
Mr Charles Wiafe, Service Manager Transport Management
Mr George Georgakis, Manager Council and Executive Services
Ms Susan Ranieri, Coordinator Council and Executive Services (minutes)
The meeting commenced at 6.07pm
STATEMENT REGARDING WEBCASTING OF MEETING |
The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice (other than the Public Forum Section), the meeting was being livestreamed. |
ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION |
The prayer of the Council was read by Reverend Paul Mosiejczuk from Liverpool Baptist Church
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NATIONAL ANTHEM |
The National Anthem was played at the meeting. |
STATEMENT REGARDING OATH AND AFFIRMATION OF OFFICE (read by the Acting CEO)
Under Section 233A of the Local Government Act 1993, the Mayor and Councillors are required to take an oath or make an affirmation of office.
Oaths or affirmations of office must be taken or made by each Councillor at or before the first meeting of the Council after being elected.
For the purposes of these meeting minutes, I advise that the Mayor and all Councillors took an oath or affirmation of office at a ceremony held on 27 January 2022.
APOLOGIES
Nil.
CONDOLENCES
1. Beverley Joan (Bev) Barfield
2. William Patrick (Bill) Sadler
ITEM NO: |
COND 01 |
FILE NO: |
028572.2022 |
SUBJECT: |
Condolence Motion - Beverley Joan (Bev) Barfield (read by Mayor Mannoun)
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Tonight, we pause to honour the memory of Beverley
Joan Barfield, known as Bev Barfield, who passed away last month. She was a
prolific contributor to the preservation and promotion of Liverpool’s
history and heritage.
Bev Barfield is survived by her children Sharon, who is
here with us this evening, Peter and Jennifer, her grandchildren, and great
grandchildren. On behalf of Liverpool City Council, I humbly express my
deepest condolences to her family and friends. Our thoughts and prayers are
with Bev’s loved ones during this difficult time.
COUNCIL DECISION Motion: Moved: Clr Rhodes Seconded: Clr Kaliyanda That Council writes to the family of Bev Barfield to express our condolences for their loss. On being put to the meeting the motion was declared CARRIED. A one minute silence was then observed for Bev Barfield.IL DECISION That Council:
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ITEM NO: |
COND 02 |
FILE NO: |
02857.2022 |
SUBJECT: |
Condolence Motion - William Patrick (Bill) Sadler (read by Mayor Mannoun)
|
Tonight, we pause to honour the memory of William
Patrick Sadler, better known as Bill Sadler, a former Alderman and Deputy
Mayor of Liverpool City Council.
COUNCIL DECISION Motion: Moved: Clr Rhodes Seconded: Clr Kaliyanda That Council writes to the family of Bill Sadler to express our condolences for their loss. On being put to the meeting the motion was declared CARRIED. A one minute silence was observed for Bill Sadler.
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BRING ITEMS FORWARD
Motion: Moved: Clr Hadid Seconded: Clr Goodman
That the following items be brought forward and dealt with now:
· CORP 02 - Election of Deputy Mayor;
· NOM 01 - Sydney Western City Planning Panel;
· NOM 02 - Ibis Management;
· NOM 03 - Moorebank Intermodal - Noise Abatement Community Engagement;
· NOM 04 - Liverpool Garden Competition;
· NOM 05 - Improving our Parks for our Residents; and
· NOM 07 - Establishment of a Georges River Committee.
On being put to the meeting the motion was declared CARRIED.
ITEM NO: CORP 02
FILE NO: 007883.2022
SUBJECT: Election of Deputy Mayor
COUNCIL DECISION
Motion: Moved: Clr Hadid Seconded: Clr Macnaught
That:
1. Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer for the 2 February 2022 – 28 September 2022 period; and
2. The method of election for the position of Deputy Mayor of Liverpool City Council for the term 2 February 2022 – 28 September 2022 be determined by Open Vote.
On being put to the meeting the motion was declared CARRIED.
Nominations
Nominations were called for the position of Deputy Mayor by the Chief Executive Officer as the Returning Officer.
The Acting Chief Executive Officer advised that two nominations had been received, being for Clr Rhodes and Clr Harle.
The following votes were recorded:
Clr Rhodes was declared the Deputy Mayor.
Motion: Moved: Mayor Mannoun Seconded: Clr Macnaught
That:
1. Clr Rhodes be declared the Deputy Mayor of Liverpool City Council for the term 2 February 2022 – 28 September 2022;
2. Council’s Register of Delegations be amended accordingly;
3. All ballot papers be collected and destroyed by the returning officer; and
4. Council thank the outgoing Deputy Mayor, Clr Hadid for his service to the role.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: NOM 01
FILE NO: 016567.2022
SUBJECT: Sydney Western City Planning Panel
NOTICE OF MOTION (submitted by Clr Harle)
That Liverpool City Councillors appointed to the Sydney Western City Planning Panel (SWCPP) be remunerated at the same rate as State Government appointed Planning Panel Members.
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COUNCIL DECISION
Motion: Moved: Clr Harle Seconded: Clr Hadid
That:
1. Liverpool City Councillors appointed to the Sydney Western City Planning Panel (SWCPP) be remunerated at the same rate as community representatives appointed to the Liverpool Local Planning Panel Members (LLPP); and
2. Council advertise the proposed change to the remuneration. On being put to the meeting the motion was declared CARRIED. |
ITEM NO: NOM 02
FILE NO: 017591.2022
SUBJECT: Ibis Management
Background
Over recent years there has been a marked increase in the number of Ibis birds roosting in trees within the CBD causing health and safety concerns to the general public.
Railway Parade, near the front entrance to the Liverpool Primary School in particular has areas that are not safe to sit or stand in due to bird droppings regularly fouling the footpath and seating areas. Similar problems occur in Macquarie Street and areas where food scraps are problematic.
NOTICE OF MOTION (submitted by Clr Harle)
That Council investigates possible action that may be taken to reduce the health and safety impacts of Ibis birds in the CBD and suburban areas. A report to be brought to the April 2022 Council Meeting.
COUNCIL DECISION
Motion: Moved: Clr Harle Seconded: Clr Hadid That Council investigates possible action that may be taken to reduce the health and safety impacts of Ibis birds in the CBD and suburban areas. A report to be brought to the June 2022 Council Meeting. On being put to the meeting the motion was declared CARRIED.
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ITEM NO: NOM 03
FILE NO: 017722.2022
SUBJECT: Moorebank Intermodal - Noise Abatement Community Engagement
Background
In December 2019 the Independent Planning Commission gave conditional consent to Moorebank Intermodal Precinct West Concept + Stage 1 (SSD 5066) Modification 1 and Moorebank Intermodal Precinct West Stage 2 (SSD 7709) after 3 years of assessment and negotiation between the DPIE and Qube.
MPW Concept Modification 1 (SSD 5066) was originally exhibited in July - August 2016 and re-exhibited in December 2016. MPW Stage 2 (SSD 7709) was originally exhibited in October - November 2016.
Both Liverpool City Council and RAID Moorebank Inc were among the 1000s of local objectors across the July 2016 - February 2017 exhibitions. Based on the statutory deadline falling in the Christmas holidays and outside Council’s meeting schedule RAIDM Inc. undertook lodgment of a Class 1 Appeal of MPW Stage 2 (SSD 7709) on behalf of the community at large. Liverpool City Council resolved in early 2020 to support and fund this appeal.
· Due to delay in disbursing funds the proceedings ultimately lasted from Jan 2020 until the end of June 2021. The most significant contributing factor was the later Moorebank Intermodal Precinct West Concept + Stage 1 (SSD 5066) Modification 2 and West Stage 2 (SSD 7709) Modification 1 which was notified on 24 December 2021 and had the effect of quadrupling the scope of the appeal and thus at minimum doubling its cost.
· The modifications in concert with a frustrated (s34) Conciliation and Subpoena process effectively consumed the resolved budget by January 2021. RAIDM Inc informed the Acting General Manager, Acting Planning Director and new General Counsel of this circumstance at that time and made request of further funding to cover the extended scope and finish the appeal (= adding a Junior Counsel and a Visual Expert with extended work to be done by existing Instructing Solicitor, Senior Counsel and Traffic, Air and Noise Experts)
In the February, March and April 2021 meetings Liverpool City Council declined to contribute the necessary additional funding. $300,000 had been allocated and disbursed and a further $285,000 - $440,00 was sought by RAIDM Inc. on the basis that unused monies would be returned.
As a consequence RAIDM Inc. and the appeal was without a barrister as of March 2021 and was without a solicitor (any formal representation) from April 2021. The final hearing was selected by the court in January 2021 for a 7 day hearing in June 2021. To ensure that the appeal and $300,000 in ratepayers funds didn’t come to naught, and importantly to ensure the community had its day in court RAIDM Inc. resolved to select an “Agent” who could represent RAIDM Inc. and the appeal at the Bar table.
The Vice President of RAIDM Inc. was selected and as a layperson ran the appeal in place of the barrister. Before the end of the hearing and reservation of judgement by the Senior Commissioner, RAIDM Inc. had secured an additional Noise Pollution Condition (140 & 140A). In principal this condition would see $15mil worth of ineffective noise walls be converted into localised in home noise abatement.
A possible $15mil of benefit and the priceless long-term health and amenity outcomes for a portion of Liverpool is a 50 fold return on the Liverpool Council investment of $300,000. In funding to RAID to prepare and lodge the Appeal in the L&E Court.
NOTICE OF MOTION (submitted by Clr Rhodes)
That Council:
1. Direct the CEO to prepare and execute: a. A communication and engagement strategy to inform all relevant residents of Casula regarding the additional noise condition placed on Moorebank Intermodal (MPW S2) and the potential access to $30,000 in onsite (their home) noise abatement (double glazing and air conditioning) so as to collect information and interest in having their homes assessed; b. A liaison and advocacy strategy with the relevant stakeholders (DPIE and Qube) to facilitate 1a, and ensure all eligible residents have access to the assessment process agreed to by DPIE and Qube; and
2. Allocate resources for compliance and planning management that will pursue all mitigating conditions to full effect. In this instance Condition 140 and the new 140A
UPDATED MOTION (submitted by Clr Rhodes)
That Council:
1. Direct the CEO to prepare and execute:
a. A public communication to fully inform all relevant residents of Casula and other affected suburbs regarding the additional noise condition placed on Moorebank Intermodal (MPW S2) and the potential access to noise abatement for affected properties.
b. Council write to DPIE requesting consideration be given to preparing a communication plan to inform residents, in plain English, of the requirements on the applicant of Condition B140a.
c. A liaison and advocacy strategy with the relevant stakeholders (DPIE and Qube) to facilitate distribution of above DPIE communication that assists all eligible residents to have access to the information and assessment process agreed to by DPIE and Qube;
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COUNCIL DECISION
Motion: Moved: Clr Rhodes Seconded: Clr Macnaught
That Council:
a. Direct the CEO to prepare and execute a public communication through social media and other forms of normal social engagement with the community to fully inform all relevant residents of Casula and other affected suburbs regarding the additional noise condition placed on Moorebank Intermodal (MPW S2) and the potential access to noise abatement for affected properties;
b. Write to DPIE requesting consideration be given to preparing a communication plan to inform residents, in plain English, of the requirements on the applicant of Condition B140a;
c. Prepare a liaison and advocacy strategy with the relevant stakeholders (DPIE and Qube) to facilitate distribution of above DPIE communication that assists all eligible residents to have access to the information and assessment process agreed to by DPIE and Qube; and
d. Include a report on the cost estimation following the advice from DPIE.
On being put to the meeting the motion was declared CARRIED. |
ITEM NO: NOM 04
FILE NO: 018362.2022
SUBJECT: Liverpool Garden Competition
Background
Many local governments across Australia run garden competitions to encourage pride in our streetscapes and local communities, as well as create teaching and learning opportunities for people within our communities who are interested in gardens and gardening.
During the pandemic, we have seen a greater appreciation for our local natural environment and green spaces as we work from home and take on new hobbies.
A local Liverpool Garden Competition is a fabulous opportunity to celebrate the many passionate gardeners who have made a difference to our community spaces through gardening and the competition gives us an opportunity to hear their stories. Over the years, more people understand that we are dealing with more difficult conditions including drought, flood and fire and there has been a greater interest in sustainability – how the garden is created and maintained.
Therefore, the competition could also be an opportunity to help more people within our community understand the principles and practices of sustainable gardening.
It should engage and encourage entries from young aspiring green thumbs (children) to older green thumbs (seniors), individual gardeners, families, community groups, cultural groups, gardeners with different abilities, commercial organisations and school communities.
Categories could include: · Best Large Garden · Best Small Garden · Best Courtyard/Balcony Garden · Best Edible Garden · Best Native & Habitat-friendly Garden · Best School Garden · Best Non-residential Garden · Best Bushcare Site · Best Community Garden
NOTICE OF MOTION (submitted by Clr Kaliyanda)
That Council:
1. Develop an outline for a Spring Garden Competition for our local community by the April 2022 Council meeting; and
2. Identify the costs and resources required for such an initiative.
COUNCIL DECISION
Motion: Moved: Clr Kaliyanda Seconded: Clr Hagarty
That Council:
1. Develop an outline for a Spring Garden Competition for our local community by the April 2022 Council meeting; and
2. Identify the costs and resources required for such an initiative; and
3. That a “Best Rural Garden” category also be considered for inclusion.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: NOM 05
FILE NO: 018461.2022
SUBJECT: Improving our Parks for our Residents
NOTICE OF MOTION (submitted by Clr Ammoun)
That Council:
1. Prioritise the maintenance of our parks and improve on the level of service that is currently being delivered.
2. Implement a scheduled cleaning program for Council toilets at, but not limited to, the following parks: a. Casula Parklands b. Bigge Park c. Stante Reserve d. Chipping Norton Lakes
3. Review the amount of and type of bins at Council Parks, including the installation of Smart Compactor Bins.
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COUNCIL DECISION
Motion: Moved: Clr Ammoun Seconded: Clr Goodman
That Council:
1. Prioritise the maintenance of our parks and improve on the level of service that is currently being delivered.
2. Implement a scheduled cleaning program for Council toilets at, but not limited to, the following parks: a. Casula Parklands b. Bigge Park c. Stante Reserve d. Chipping Norton Lakes
3. Review the amount of and type of bins at Council Parks, including the installation of Smart Compactor Bins.
4. Provide a budget allocation of $50,000 from the general reserve to be able to deliver this extra level of service.
5. Note the CEO's comments, in particular: o a comprehensive Parks Operational Review has been underway since 2021 and is due for completion in the first half of this year o a scheduled cleaning program is in place for the parks’ toilet amenities o an initial review of bins throughout the LGA was conducted in 2021
6. Explore a trial program of smart bins in a high profile and high traffic park and report back to Council on the progress of this trial at the July 2022 meeting.
7. Explore the use of FOGO bins in public parks once it is introduced to regular household waste.
8. Make maintenance request calls easier for the public by publishing Council’s Customer Service Request details in parks and public toilets. Such signs were previously placed in the rural areas and this should now be extended to the local urban parks as well.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: NOM 06
FILE NO: 018479.2022
SUBJECT: Civic Place
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COUNCIL DECISION
Motion: Moved: Clr Goodman Seconded Clr Macnaught
That this item be dealt with at the end of the meeting in Closed Session pursuant to Section 10A(2)(d) of the Local Government Act 1993 as it contains commercial information of a confidential nature.
On being put to the meeting the motion was declared CARRIED.
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confirmation of Minutes
Motion: Moved: Clr Hadid Seconded: Clr Harle
That the minutes of the Ordinary Meeting held on 24 November 2021 be confirmed as a true record of that meeting. On being put to the meeting the motion was declared CARRIED. |
Declarations of Interest
Nil.
Public Forum
Presentation – items not on agenda
1. Mr Michael Byrne (President, East Liverpool Progress Association) addressed Council on the following matter:
Matter: Moorebank Intermodal, status
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That a three minute extension of time be given to Mr Byrne.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Rhodes Seconded: Clr Hadid
That a further three minute extension of time be given to Mr Byrne.
On being put to the meeting the motion was declared CARRIED.
Representation – items on agenda
1. Dr Criss Moore addressed Council on the following item:
Item QWN 01 Question with Notice - Clr Harle - DA-1212/2021 at 437 Hume Highway, Casula
Motion: Moved: Clr Harle Seconded: Clr Hadid
That a three minute extension of time be given to Dr Moore.
On being put to the meeting the motion was declared CARRIED
ITEM NO: MAYOR 01
FILE NO: 018516.2022
SUBJECT: Kurrajong Road - Design Investigation for Staged Improvements
Background
Kurrajong Road is a major east/west collector road between Hume Highway, Casula and Cowpasture Road, Carnes Hill, two classified State Roads.
Kurrajong Road provides direct access to Casula, Prestons, and Carnes Hill, and indirect access to two Prestons Industrial areas along Bernera Road and Lyn Parade. It also provides access to the Casula Mall and Carnes Hill Market Place Shopping centres, as well as Prestons Primary School and Amity College (Preston Campus).
Kurrajong Road has been constructed in stages, with the eastern section constructed much earlier, following by the western section, and finally a missing section, through the second stage development of Carnes Hill, between Carnes Hill and Prestons.
Due to the different construction stages, Kurrajong Road has the following different road carriageway widths and traffic lanes: · Four Lane Road - between Cowpasture Road and Bernera Road as well as between Hume Highway and Old Kurrajong Road. · Two Lane Road - The remaining road section between Bernera Road and Old Kurrajong Road.
Due to increasing traffic movements, the following road sections are experiencing traffic delays particularly during the morning and afternoon peak periods: · Between Wonga Road and the M7 Motorway bridge, including the existing roundabout at Kurrajong Road/Lyn Parade/Beech Road. · Between M7 Motorway bridge and San Marion Drive roundabout (particularly in front of Amity College). · Between Cowpasture Road and Sarah Hollands Drive (particularly in front of Carnes Hill Market Place Shopping centre).
The community has therefore been calling for these road sections to be improved.
To carry out the required upgrades to improve traffic conditions at the above-mentioned road sections, Council needs to investigate staged upgrade solutions, prepare a consolidated improvement road upgrade design layout, and seek funding for staged delivery.
The upgrade is to include road sections such as in front of the Amity College where line marking could permit four lanes or parking bays. The funding option is to include an amendment of the relevant developer contribution plan/s.
RECOMMENDATION
That Council directs the CEO to:
1. Assess and identify improvement solutions for a staged implementation to improve traffic conditions of the road sections experiencing delays; 2. Prepare a consolidated improvement road design layout for stage improvements; 3. Identify funding sources including amendments to relevant developer contribution plan/s; and 4. Report the assessment, improvement solutions with funding sources, to the April 2022 Ordinary Council meeting.
COUNCIL DECISION
Motion: Moved: Mayor Mannoun Seconded: Clr Kaliyanda
That Council directs the CEO to:
1. Assess and identify improvement solutions for a staged implementation to improve traffic conditions of the road sections experiencing delays;
2. Prepare a consolidated improvement road design layout for stage improvements;
3. Identify funding sources including amendments to relevant developer contribution plan/s;
4. Report the assessment, improvement solutions with funding sources, to the April 2022 Ordinary Council meeting;
5. Include community consultation as part of the process; and
6. Continue noise abatement testing and the results be incorporated into the final designs and proposal presented to TfNSW. On being put to the meeting the motion was declared CARRIED. |
ITEM NO: NOM 07
FILE NO: 018625.2022
SUBJECT: Establishment of a Georges River Committee
Liverpool has the potential to be an amazing, modern, well planned river city, with the Georges River touching many suburbs of our LGA.
To reach its potential, we need to be able to deliver access to the river for all of our residents and visitors in an efficient and responsible way.
As it stands, there are multiple projects at varying stages of proposal along the river front. It makes sense to bring all stakeholders together, with the community, and relevant industry experts to work through each proposal, to achieve the best outcome.
NOTICE OF MOTION (submitted by Clr Macnaught)
That Council:
1. Establish a Georges River rejuvenation committee;
2. Create a charter for the committee with the following points of reference: a. Giving all residents of Liverpool access to the river for recreation, transport and leisure; b. To guide the appropriate urban regeneration of the river; and c. Create a holistic, deliverable vision and plan for the river – for the short, medium and long term.
3. Work constructively with all relevant stakeholders to achieve this vision;
4. Appoint all Councillors as members of the committee; and
5. Charter to be presented to the Council at the next Council meeting.
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COUNCIL DECISION
Motion: Moved: Clr Macnaught Seconded: Clr Hadid That Council:
6. Call for EOI as soon as possible after the adoption of the Charter for community members and stakeholders. On being put to the meeting the motion was declared CARRIED.
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ITEM NO: MAYOR 02
FILE NO: 018548.2022
SUBJECT: 30km/h Speed Limit Pilot Program in the Liverpool City Centre Core
Background Transport for NSW (TfNSW) implemented a 30km/h speed limit in the Liverpool city centre core as part of a pilot program trial in Liverpool and Manly city centres in July 2020, as part of a COVID19 response to support more active travel and reduce crashes.
TfNSW is yet to complete its assessment of the pilot program and advise Council on the outcome, or whether the reduced speed limit would be introduced in other central business districts.
In meantime the community has been expressing concerns about the reduced speed limit, the through road sections with the reduced speed limits, when assessment of the pilot program will be completed, and whether infringements are being issued (and hence revenue raising).
The community concerns includes whether the reduced speed limit should only apply to the streets in the centre core such as George Street and Northumberland Street.
Council previously investigated changing George Street and Northumberland Street to two-way streets. Such arrangement could reduce traffic speed and help to achieve the reduced speed TfNSW is seeking to achieve, in the city centre core.
Current reduced traffic volumes may also give a result that the pilot program has resulted in reduced crashes in the city centres, and that the program has been successful.
In response to community concerns, TfNSW is to be requested to complete its assessment of the pilot program and provide its findings to the Council for its input, including community feedback on the implementation of a speed limit in the city centre. A letter should also be written to the Minster for Metropolitan Roads on the issue.
RECOMMENDATION
That Council directs the CEO to: 1. Write to TfNSW and the Minister for Metropolitan Roads requesting the 30km/h speed limit be lifted to 40km/h, similar to other city centres;
2. Organise meetings with the Minister and or other relevant stakeholders to achieve this; and
3. Prioritise this as a matter of urgency.
COUNCIL DECISION
Motion: Moved: Mayor Mannoun
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: MAYOR 03
FILE NO: 028886.2022
SUBJECT: 100 Day Plan
RECOMMENDATION
That Council direct the CEO to:
1. Start the process for a development application to be prepared for the following swimming pool projects: a. Carnes Hill Swimming Pool b. A swimming pool to replace the Holsworthy Swimming
Pool 2. Start the process for a development application to be prepared for the following parking projects: a. Northumberland Street Carpark b. Bathurst Street Carpark c. Eat Street Carpark (on Macquarie/Terminus Streets)
3. Investigate and prepare a report on creating 500 additional parking spots in Liverpool CBD and making current parking more accessible, focussing on the Northumberland Street carpark. 4. Investigate suitable locations for car parks near Liverpool Hospital and Liverpool Railway Station. 5. Commence the design process for a continuous cycle/walk track along the Georges River (from Casula through to Liverpool to Pleasure Point) and enter discussions with private landowners along the riverfront seeking to grant Council access/right of carriageway over their land for the community. 6. Commence design work to upgrade Chipping Norton Lake parklands with the inclusion of a new park on the corner of Riverside Road and Newbridge Road. 7. Commence investigations into upgrades of the following roads: a. 15th Avenue from Kingsford Smith Avenue to Cowpasture Road b. Qantas Boulevard, with a focus on increasing the capacity for north bound exiting onto Cowpasture Road.
8. Take all necessary steps to progress Council to become a Net Zero Council. Council should acknowledge that the environment is our most precious asset and proactively work to reduce pollution in our local community, and protect and enhance our waterways and natural environment by ensuring: a. All new buildings that are being built consider solar/geothermal/tree canopy/stormwater and provide a proactive resource to assist developers etc with this process in a cost-effective fashion b. The tree canopy on our streets is increased to tackle the urban heat island affect that is happening in our suburbs c. Work is carried out to establish electric recharge stations in our LGA d. Paper use at Council is significantly reduced as much as possible e. Opportunities are identified for Council to install solar panels on Council land 9. Investigate bringing back the major event ‘Starry Sari Night’ and the night markets in the Liverpool CBD as part of the 2022 Events program. 10. Improve amenity and activation of public spaces by investigating more opportunities for food trucks/pop ups, in but not limited to, Bigge Park, Chipping Norton Lakes, Casula Parklands. 11. Investigate and bring a report back to Council on the establishment of an Austral Delivery Unit. The Delivery Unit would be a dedicated team of professionals for the purposes of: a. Making sure that Austral is a community with high living standards for its residents b. Improve the urban design of the community c. Provide consistency in development assessment d. Being potentially located in Austral (subject to a further report on cost) e. Improving the tree canopy that is being destroyed f. Investigating methods of forward funding infrastructure, including but not limited to, parks, roads, and drainage g. Providing advocacy that leads to more affordable housing and improved transport connections (such as 15th Avenue upgrade and Sydney Water sewerage delay) 12. Start the process of refining the ongoing service measures for development assessment services for the next iteration of the Delivery Program and Operational Plan to ensure consistent and clear assessment times are being provided to people lodging DAs, subject to the size and scale of each application. 13. Prepare a planning proposal to lower the height of buildings development standards in the Liverpool Local Environmental Plan 2008 down to 12m in the following suburbs: a) Chipping Norton b) Wattle Grove c) Hammondville d) Casula e) Prestons f) Carnes Hill g) Cecil Hills h) Green Valley. Council notes that the planning proposal is required to be considered by the Liverpool Local Planning Panel prior to being reported back to Council on a decision on whether to forward the planning proposal to the Department of Planning and Environment seeking a Gateway determination.
14. Start the process to create a new Liverpool LEP as a matter of urgency.
COUNCIL DECISION
Motion: Moved: Mayor Mannoun That Council direct the CEO to:
1. Start the process for a development application to be prepared for the following swimming pool projects: a. Carnes Hill Swimming Pool b. A swimming pool to replace the Holsworthy Swimming
Pool 2. Start the process for a development application to be prepared for the following parking projects: a. Northumberland Street Carpark b. Bathurst Street Carpark c. Eat Street Carpark (on Macquarie/Terminus Streets)
3. Investigate and prepare a report on creating 500 additional parking spots in Liverpool CBD and making current parking more accessible, focussing on the Northumberland Street carpark. 4. Investigate suitable locations for car parks near Liverpool Hospital and Liverpool Railway Station. 5. Commence the design process for a continuous cycle/walk track along the Georges River (from Casula through to Liverpool to Pleasure Point) and enter discussions with private landowners along the riverfront seeking to grant Council access/right of carriageway over their land for the community. 6. Commence design work to upgrade Chipping Norton Lake parklands with the inclusion of a new park on the corner of Riverside Road and Newbridge Road. 7. Commence investigations into upgrades of the following roads: a. 15th Avenue from Kingsford Smith Avenue to Cowpasture Road b. Qantas Boulevard, with a focus on increasing the capacity for north bound exiting onto Cowpasture Road. 8. Take all necessary steps to progress Council to become a Net Zero Council. Council should acknowledge that the environment is our most precious asset and proactively work to reduce pollution in our local community, and protect and enhance our waterways and natural environment by ensuring: a. All new buildings that are being built consider solar/geothermal/tree canopy/stormwater and provide a proactive resource to assist developers etc with this process in a cost-effective fashion b. The tree canopy on our streets is increased to tackle the urban heat island affect that is happening in our suburbs c. Work is carried out to establish electric recharge stations in our LGA d. Paper use at Council is significantly reduced as much as possible e. Opportunities are identified for Council to install solar panels on Council land and buildings f. Council adopts a trial for electric vehicles as part of zero net emissions and enter into discussions with petrol stations and sites for powering stations for these vehicles. 9. Investigate bringing back the major event ‘Starry Sari Night’ and the night markets in the Liverpool CBD as part of the 2022 Events program. 10. Improve amenity and activation of public spaces by investigating more opportunities for food trucks/pop ups, in but not limited to, Bigge Park, Chipping Norton Lakes, Casula Parklands. 11. Investigate and bring a report back to Council on the establishment of an Austral Delivery Unit. The Delivery Unit would be a dedicated team of professionals for the purposes of: a. Making sure that Austral is a community with high living standards for its residents b. Improve the urban design of the community c. Provide consistency in development assessment d. Being potentially located in Austral (subject to a further report on cost) e. Improving the tree canopy that is being destroyed f. Investigating methods of forward funding infrastructure, including but not limited to, parks, roads, and drainage g. Providing advocacy that leads to more affordable housing and improved transport connections (such as 15th Avenue upgrade and Sydney Water sewerage delay) 12. Start the process of refining the ongoing service measures for development assessment services for the next iteration of the Delivery Program and Operational Plan to ensure consistent and clear assessment times are being provided to people lodging DAs, subject to the size and scale of each application. 13. Prepare a planning proposal to lower the height of buildings development standards in the Liverpool Local Environmental Plan 2008 down to 12m in the following suburbs: a) Chipping Norton b) Wattle Grove c) Hammondville d) Casula e) Prestons f) Carnes Hill g) Cecil Hills h) Green Valley Council notes that the planning proposal is required to be considered by the Liverpool Local Planning Panel prior to being reported back to Council on a decision on whether to forward the planning proposal to the Department of Planning and Environment seeking a Gateway determination.
14. Start the process to create a new Liverpool LEP as a matter of urgency.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO:
ITEM NO: MAYOR 04 FILE NO: 891975.2022 SUBJECT: Tonga Tsunami Event 2022 |
On 15 January 2022 an underground volcano erupted within the Kingdom of Tonga, sending tsunami waves crashing into the Tongan shore.
The tsunami devastated the country’s infrastructure and wiped out all buildings on some small islands. It also damaged the sole undersea cable that connects Tonga’s communications to the rest of the world, putting the country in near total isolation.
Council values the contribution Tongan Australians have made to the rich fabric of Liverpool. Many people in the Liverpool Local Government remain deeply distressed about the devastation the tsunami has caused and its impact on Tonga and have concerns for the safety and welfare of their family and friends who remain in Tonga.
On behalf of Liverpool City Council, I express my deepest condolences to the families and friends of those who lost their lives during this natural disaster, and my thoughts and prayers are with the people who were injured in the tsunami. To the people of Tonga and all Tongan Australians, I offer my solidarity and support on behalf of all Councillors during this difficult time.
RECOMMENDATION
That Council:
COUNCIL DECISION
Motion: Moved: Mayor Mannoun That the recommendation be adopted. On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.
RECESS Mayor Mannoun called a recess at 8.24pm.
RESUMPTION OF MEETING Council resumed the meeting at 8.46pm with all councillors present.
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Chief Executive Officer Report
ITEM NO: CEO 01
FILE NO: 001346.2022
SUBJECT: Annual Code of Conduct Complaints Statistics Report
COUNCIL DECISION
Motion: Moved: Clr Rhodes Seconded: Clr Macnaught
That Council receive and note this report and the attached Complaints Statistics Report, which has been submitted by the Internal Ombudsman to the Office of Local Government.
On being put to the meeting the motion was declared CARRIED.
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Planning & Compliance Report
ITEM NO: PLAN 01
FILE NO: 319665.2021
SUBJECT: Quarterly Report - Clause 4.6 Variations to Development Standards
COUNCIL DECISION
Motion: Moved: Clr Harle Seconded: Clr Rhodes
That Council receives and notes this report.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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ITEM NO: PLAN 02
FILE NO: 006407.2022
SUBJECT: Revocation of Independent Hearing and Assessment Panel Charter
COUNCIL DECISION
Motion: Moved: Clr Rhodes Seconded: Clr Harle That Council revoke the Independent Hearing and Assessment Panel Charter adopted by Council on 19 September 2017. On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion. |
Corporate Services Report
ITEM NO: CORP 01
FILE NO: 361551.2021
SUBJECT: Investment Report December 2021
COUNCIL DECISION
Motion: Moved: Clr Harle Seconded: Clr Goodman
That:
1. Council receives and notes this report; and
2. At a future briefing, Council’s investment managers provide an overview on Council’s investment strategy, what the constraints are both internal based on policy and external based on legislation and look at past performance, long term performance and how Council’s investment portfolio works.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CORP 03
FILE NO: 020053.2022
SUBJECT: Appointment of Councillors to Committees and Affiliated Bodies
COUNCIL DECISION Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes That Council:
1. Appoint Councillors as representatives to the following Committees for the period to September 2022:
2. Endorses the current practice of all Councillors being members of the following Committees; a. Budget Review Panel b. Strategic Panel c. Civic Advisory Committee d. Community & Safety Prevention Committee
3. Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies them of their representatives for the period to September 2022: a. Civic Risk Mutual Ltd Members Assembly (Note, the appointed Councillor is to be the representative for the duration of the Council term) b. Georges River Combined Councils Committee c. Liverpool Pedestrian, Active Transport and Traffic Committee d. Macarthur Bushfire Management Committee e. NSW Metropolitan Public Libraries Association f. Sydney Western City Planning Panel g. South West Sydney Academy of Sport (SWSAS) h. Western Sydney Regional Organisation of Councils (WSROC)
a. Budget Review Panel b. Strategic Panel c. Civic Advisory Committee d. Community & Safety Prevention Committee 5. That Council receive a report on re-establishing a Multicultural Advisory Committee.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CORP 04
FILE NO: 008996.2022
SUBJECT: Countback to fill any casual vacancy on Council
COUNCIL DECISION
Motion: Moved: Clr Hadid Seconded: Clr Harle That pursuant to Section 291A(1)(b) of the Local Government Act 1993, Liverpool City Council declares that casual vacancies occurring in the office of a Councillor within 18 months after the last ordinary election of Councillors for the Council on 4 December 2021 are to be filled by a countback of votes cast at that election for the office in accordance with section 291A of the Act; and directs the CEO to notify NSW Electoral Commission of the Council’s decision within seven days of the decision. On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CORP 05
FILE NO: 009599.2022
SUBJECT: Local Government NSW Annual Conference
COUNCIL DECISION
Motion: Moved: Seconded: Clr Harle That:
1. Any Councillor who wishes to attend the LGNSW Conference to be held in Sydney from Monday 28 February to Wednesday 2 March 2022 notify the Councillor Support Officer by 7 February 2022;
2. Council appoint Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Green, Clr Kaliyanda, Clr Karnib, Clr Macnaught, Clr Rhodes and Clr Hadid as voting delegates for the LGNSW Conference; and
3. Council notes that in addition to the nine, Councillor Hagarty is entitled to one vote as he is a Director of the Association.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: CORP 06
FILE NO: 011248.2022
SUBJECT: Annual Financial Reports 2020/21
COUNCIL DECISION
Motion: Moved: Clr Rhodes Seconded: Clr Macnaught That Council receives and adopts this report. On being put to the meeting the motion was declared CARRIED.
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City Presentation Report
ITEM NO: PRES 01
FILE NO: 006630.2022
SUBJECT: Nappy and Sanitary Product Report
COUNCIL DECISION
Motion: Moved: Clr Hagarty Seconded: Clr Rhodes That Council:
1. Approve to start a trial program for reusable Nappies and Sanitary products, with the allocated grant funding provided by the Better Waste and Recycling fund until exhausted.
2. Limit the items eligible for rebate as identified in the report.
3. Measure and report back to Council as soon as possible once the allocated funding is exhausted on the effectiveness of the program. On being put to the meeting the motion was declared CARRIED.
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Infrastructure & Environment Report
ITEM NO: INF 01
FILE NO: 009225.2022
SUBJECT: Local Roads and Community Infrastructure Program
COUNCIL DECISION
Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes
That: 1. This item be deferred to the next ordinary Council meeting on 23 February 2022 in order for Councillors to receive a briefing on the projects prior to committing funding.
2. The briefing also include the upgrades required to Jardine Park in Casula.
On being put to the meeting the motion was declared CARRIED.
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Committee Reports
ITEM NO: CTTE 01
FILE NO: 017492.2022
SUBJECT: Minutes of Budget Review Panel 18 November 2021
COUNCIL DECISION
Motion: Moved: Clr Rhodes Seconded: Clr Hadid That Council adopts the minutes of the Budget Review Panel meeting held on 18 November 2021. On being put to the meeting the motion was declared CARRIED. |
Questions with Notice
ITEM NO: QWN 01
FILE NO: 016147.2022
SUBJECT: Question with Notice - Clr Harle - DA-1212/2021 at 437 Hume Highway, Casula
Council sent a letter to affected Casula area residents on 4 January 2022 as below:
“Council has received a Development Application (DA) for Demolition of existing structures, removal of trees, construction of a four-storey building over 2 levels of basement carparking. Proposed use of the ground level is for a pub containing a bistro, sports bar; VIP lounge (including gaming) and outdoor dining. Levels 1 to 3 is for the purpose of a hotel, containing a total of 72 rooms at the address shown above. Our records indicate you are the owner/occupier of a property near this site. In line with Council's Notification Policy, you are invited to review the development proposal and if you wish, express views about the development and any possible effects on your property. Please submit any comments to Council in writing by 25 January 2022.”
Please address the following:
1. Does this notification comply with Councils Policy on notifying Development Applications during the December-January period?
This development application is required to be both notified to properties within 75m of the subject site and publicly advertised for 14 days in accordance with the Liverpool Community Participation Plan 2019.
The Community Participation Plan 2019 also requires that public exhibition and/or notification periods over the traditional Christmas / New Year period be extended so as not to include the period between 20 December and 10 January (inclusive).
The notification letter identified an extended submission period closing date of 25 January 2022 to ensure the dates between 4 January and 10 January 2022 were not counted in the 14-day notification period.
Given the significant community interest in this development application, Council extended the advertising/notification period to 3 February 2022. Council wrote to the property owners within 75m of the development site on 19 January 2022 advising of the extension to the submission period and published the required public notice on Council’s website.
2. What can Council do to ensure residents that may have been on Holidays during this significant Holiday period are not disadvantaged?
As noted above, the notification letter identified an extended submission period closing date of 25 January 2022 to ensure the dates between 4 January and 10 January 2022 were not counted in the 14-day notification period.
Given the significant community interest in this development application, Council extended the advertising/notification period to 3 February 2022. Council wrote to the property owners within 75m of the development site on 19 January 2022 advising of the extension to the submission period and published the required public notice on Council’s website.
3. Council opposed a similar application for a Pub in the area in 2018, based on its Social Impact Assessment Policy, and ensured legal resources were made available at the time and resulted in the DA being rejected in the Land and Environment Court. Can Council ensure similar resources will be made available if required?
The applicant for this development application has recently lodged a “deemed refusal” appeal in the Land and Environment Court. As a result, the Land and Environment Court will now determine this application.
Council is currently preparing the Statement of Facts and Contentious and will engage an expert to review the social impacts of the proposal and who will provide expert evidence to the Land and Environment Court in the subject Class 1 Appeal.
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ITEM NO: QWN 02
FILE NO: 016557.2022
SUBJECT: Question with Notice - Clr Harle - Ongoing Illegal dumping occurring in Edmondson Park and generally in the Liverpool LGA
Council purchased covert cameras some time ago specifically for obtaining evidence of illegal dumping occurring in isolated areas. Council had hired trailer mounted surveillance cameras on a trial basis.
Please address the following:
1. Can Council provide an update on what is being done to prevent and reduce the incidence of illegal dumping within the Liverpool LGA?
2. Have the covert cameras that were used in various locations within the Liverpool LGA resulted in obtaining evidence of those carrying out illegal dumping and has that evidence resulted in legal action against the dumpers?
3. Did the cameras also obtain incidents of illegal drug dealings occurring in Edmondson Park on Jardine Drive and has any legal action resulted from that data?
4. If any of the above information is confidential or subject to legal privilege, can that be provided in a Confidential Report and or a briefing session?
A response to these questions will be provided in the business papers for the Council meeting 23 February 2022.
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ITEM NO: QWN 03
FILE NO: 018373.2022
SUBJECT: Question with Notice - Clr Kaliyanda - Youth Strategy
Please address the following:
1. When was the Liverpool Youth Strategy and Action Plan last updated?
2. What timeframe is in place for review and refresh of the Youth Strategy and Action Plan?
A response to these questions will be provided in the business papers for the Council meeting of 23 February 2022.
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Presentations by Councillors
ITEM NO: |
Presentations by Councillors |
Clr Kaliyanda tabled a petition from residents in response to Development Application 1305/2021 at 2 and 3 Wilga Close Casula. |
Motion: Motion: Mayor Mannoun Seconded: Clr Rhodes
That Council move into Closed Session to deal with the following items:
· Item NOM 06 – Civic Place is confidential pursuant to Section 10A(2)(d) of the Local Government Act 1993 as it contains commercial information of a confidential nature.
· Item MAYOR 05 – Personnel Matter is confidential pursuant to the provisions of S10A(2) )(a) of the Local Government Act 1993 because it contains personnel matters pertaining to particular individuals (other than Councillors).
· Item MAYOR 06 – Appointment of Acting Chief Executive Officer is confidential pursuant to the provisions of s10A(2)(a) of the Local Government Act 1993 because it contains personnel matters concerning particular individuals (other than Councillors).
RECESS:
Mayor Mannoun called a recess of Council at 9.36pm to allow members of the gallery to leave the Chambers.
CLOSED SESSION:
The meeting resumed at 9.49pm in Closed Session with all Councillors present.
ITEM NO: NOM 06
FILE NO: 018479.2022
SUBJECT: Civic Place
There is much angst in the community relating to the delivery of Civic Place and the impacts on Council’s long term financial plan.
It is imperative that this project, the single largest capital expenditure item this Council has seen, is not just a shiny new building but in fact adds value to the ratepayer.
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COUNCIL DECISION
Motion: Moved: Clr Goodman Seconded Clr Ammoun
That Council:
1. Notes the following resolutions of Council from the 5 February 2020 meeting to: o Engage a suitably qualified organisation to undertake a full review/audit on the Civic Place project from its inception, including but not limited to the changes of the design to value for money; and o Resources be allocated from the unrestricted reserve to undertake this review.
2. Provide all Councillors with a comprehensive briefing on the Project Development Agreement relating to the Liverpool Civic Place project, including but not limited to: o the scope, findings and recommendations of previous reviews and audits by: § the NSW Auditor General § Council's Audit, Risk and Improvement Committee § Prosperity Advisors § external probity advisors, OCM o an update on plans to secure tenants by 1 July 2024 for the following: § Liverpool Civic Place surplus office space § 33 Moore Street § the existing library site § the Hoxton Park road office o a scenario analysis including but not limited to potential rental income delays, projected lease yield and project cost escalation.
3. A briefing on Council’s long term financial plan including sensitivity analysis on Council’s forecasted revenue, expenditure streams and projected cash position.
On being put to the meeting the motion was declared CARRIED.
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MAYORAL MINUTE
ITEM NO: MAYOR 05 REPORT OF: Mayor Ned Mannoun SUBJECT: Personnel Matter
COUNCIL DECISION:
Motion: Moved: Mayor Mannoun Seconded: Clr Hadid
That Council:
1. Acknowledges the contributions and capabilities of the CEO over the course of his employment with Council, noting that he was employed in varying roles for over 7 years.
2. Note that the current CEO’s contract will expire on 30 November 2025.
3. Terminate the CEO’s contract from 11 February 2022 under Section 10.3.5 of the employment contract.
4. Direct the Mayor to enter into direct negotiation with the Chief Executive Officer to formally agree on a deed of settlement amount.
5. Direct the Mayor to notify the CEO in writing of the decision to terminate the employment contract within 24 hours of the conclusion of the meeting.
6. Direct the Mayor to notify the CEO in writing within 4 hours of reaching an agreement on the deed of settlement, including the monetary fee being paid by Council upon termination.
Vote For: Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Hadid, Clr Macnaught, Clr Rhodes
Vote Against: Clr Green, Clr Hagarty, Clr Harle, Clr Kaliyanda, Clr Karnib
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Mayoral Minute
ITEM NO: MAYOR 06 REPORT OF: Mayor Ned Mannoun SUBJECT Appointment of Acting Chief Executive Officer |
COUNCIL DECISION:
Motion: Moved: Mayor Mannoun Seconded: Clr Hadid
That Council:
a. Work with the appointed independent Consultant to draft and finalise a Position Description (P.D.) for the Chief Executive role; b. Provide instruction to the appointed consultant on advertising and interview arrangements; c. With guidance and assistance from the independent consultant, negotiate and agree on in-principle contract terms, subject to approval by Council, with the preferred candidate; and d. With guidance form the appointed independent consultant, prepare a report to the Council that provides a detailed assessment of the interviewed candidates, and makes a recommendation for appointment by the Council.
On being put to the meeting the motion was declared CARRIED. Vote For: Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Green, Clr Hadid, Clr Hagarty, Clr Kaliyanda, Clr Karnib, Clr Macnaught, Clr Rhodes Vote Against: Clr Harle |
Mayor Mannoun moved the meeting into Open Session at 10:59pm and read the resolutions made in Closed Session.
THE MEETING CLOSED AT 11.06pm.
<Signature>
Name: Ned Mannoun
Title: Mayor
Date: 23 February 2022
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 2 February 2022. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.
0
Ordinary Meeting
23 February 2022
Planning & Compliance Report
PLAN 01 |
Post-exhibition report - Liverpool Local Environmental Plan 2008 Amendment 88 and amendments to the Liverpool Growth Centre Precincts Development Control Plan at 1370 Camden Valley Way, Leppington |
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
File Ref |
346216.2021 |
Report By |
Masud Hasan - Senior Strategic Planner |
Approved By |
David Smith - Director Planning & Compliance |
Executive Summary
At its meeting on 30 September 2020, Council resolved to support a planning proposal request to rezone land and amend development standards in the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) for land at 1370 Camden Valley Way, Leppington (Attachment 1).
At its meeting of 26 May 2021, Council resolved (Attachment 2) to endorse a supporting draft local planning agreement (LPA) and delegated authority to the A/CEO to negotiate, publicly exhibit, and execute the planning agreement. At its meeting of 25 August 2021, Council resolved (Attachment 3) to place a draft amendment to the Liverpool Growth Centres Precinct DCP on public exhibition for community consultation and comment.
Following Council’s resolution, a planning proposal (Amendment 88) was prepared (Attachment 4) and submitted to the Department of Planning and Environment (DPE) for a Gateway determination. On 22 December 2020, DPE issued a Gateway determination. A Gateway alteration was issued on 17 November 2021 by DPE following an extension request from Council given the delayed local government elections and caretaker period. Both the original Gateway determination and alteration are in included as Attachment 5. The Gateway determination, as amended, requires the finalised planning proposal to be forwarded to DPE by 28 February 2022.
Amendment 88, the draft amendments to the DCP and the local planning agreement were all publicly exhibited from 3 September 2021 until 3 October 2021 in accordance with the conditions of the Gateway determination and Council’s Community Participation Plan. During the public exhibition period, no submissions were received.
One State agency submission (Attachment 6) was received from Transport for New South Wales (TfNSW) during the state agency consultation period, which raised concern about the cumulative traffic impact of the proposed Neighbourhood Centre gross floor area (GFA) increase. TfNSW also did not support the vehicular access provisions to the centre via the existing highway service centre. In response to this submission, the one-way exit provisions between the service centre and the retail part of the Neighbourhood Centre have been removed from the centre layout under the draft DCP amendment. This is to restrict vehicular access to the centre from the service station.
This report recommends that Council proceeds with Amendment 88 and delegates authority to the A/CEO (or delegate) to liaise with DPE and the Parliamentary Counsel’s Office (PCO) to finalise the amendment. It is also recommended that Council adopts the amendments to the Liverpool Growth Centre DCP and delegates authority to the A/CEO (or delegate) to liaise with DPE to publish this amendment. Finally, it is recommended that Council notes the supporting local planning agreement has been approved by the A/CEO under the delegation of Council from the 26 May 2021 meeting (Attachment 8) and executed by Council’s Power of Attorney.
That Council:
1. Notes the Gateway determination for Liverpool Local Environmental Plan 2008 (Amendment 88) and the results of public authority consultation and community consultation;
2. Proceeds with Amendment 88 and delegates authority to the A/CEO (or delegate) to liaise with the Parliamentary Counsel’s Office and the Department of Planning and Environment to finalise Amendment 88;
3. Adopts amendments to Schedule 3 of the Liverpool Growth Centre Precincts Development Control Plan and delegates authority to the A/CEO (or delegate) to liaise with the Department of Planning and Environment to publish the DCP amendment; and
4. Notes the supporting local planning agreement has been approved by the A/CEO under the delegation of Council from the 26 May 2021 meeting and executed by Council’s Power of Attorney.
REPORT
Background
Council received a planning proposal request from the landowner, Vicliz Pty Ltd to rezone the site and amended development standards at 1370 Camden Valley Way, Leppington (Lot E in DP28997) (Figure 1).
The site is located within the Liverpool portion of the East Leppington Precinct which forms part of the South-West Growth Centre under State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP).
Figure 1: Locality map - subject site highlighted (Source: Urban Design Statement prepared by Benson McCormack)
The key objective of the planning proposal is to expand the existing neighbourhood centre area to accommodate additional retail floor area and to reorganise the residential, commercial, and recreational uses on the site. This is achieved by reconfiguring the extent of zone boundaries on the site, as per Figure 2 and 3 below, and amending the maximum permissible retail Gross Floor Area (GFA) from 2,500m2 to 4,800m2.
Figure 2: Existing land use zoning - subject site outlined
Figure 3: Proposed land use zoning - subject site outlined
Gateway Determination
On 22 December 2020, DPE issued a Gateway determination for the planning proposal (Amendment 88). A Gateway alteration was issued on 17 November 2021 by DPE following an extension request from Council due to delays caused by the local government elections and caretaker period. Both the original Gateway determination and alteration are attached to this report (Attachment 5). The Gateway determination, as amended, stipulates that the planning proposal must be finalised and forwarded to DPE by 28 February 2022.
The Gateway determination conditions for Amendment 88 required Council to undertake several actions. These conditions were satisfied in consultation with DPE prior to public exhibition. The conditions and Council responses are provided below.
· Prior to public exhibition, the following to be completed -
(a) the planning proposal to be updated to identify the number of homes and jobs under existing and proposed controls;
It is estimated that 20-21 fewer residential dwellings and 63 additional jobs can be created under the proposed planning controls. The planning proposal report was updated to reflect these numbers prior to the public exhibition.
(b) supporting studies to be updated to ensure consistency with the proposed number of homes and jobs identified by condition (a);
As the total number of dwellings are estimated to be reduced under Amendment 88, it was considered that the supporting studies are adequate in demonstrating sufficient infrastructure to support the residential and retail components.
(c) the planning proposal and relevant supporting studies to be updated to determine the passive and open space needs as a result of the rezoning having regard to:
- walkable access within 400m of homes;
- the future population;
- recreational need;
- the network of open space including the need for active vs passive open space;
- draft Greener Places Design Guide
The Open Space Planning Report and the concept master plan submitted demonstrates that the public open space and recreation facilities are located within less than 400m walking distance from the residential areas and the neighbourhood centre. The open space is proposed to be connected to the centre and the residential area through a proposed tree lined boulevard. As fewer residential dwellings are estimated under the planning proposal and the quantum of open space area within the site is to remain same, the open space and its proposed network are considered sufficient to meet the recreational needs of the future population.
(d) Upon finalisation of condition (b), the planning proposal to be updated to identify the amount of usable open space proposed differentiating between land that is constrained and unconstrained e.g. land containing infrastructure, biodiversity value, flood affected, etc.
The Open Space Plan submitted in support of Amendment 88 demonstrated suitable public open space and amenities with easy access to residents. It also identified the amount of usable open space proposed, differentiating between land that is constrained and unconstrained by infrastructure, biodiversity values and flooding.
Public Authority Consultation
Council consulted with public agencies identified in the Gateway determination on 2 September 2021, and requested comments be received no later than 3 October 2021. A summary of comments received from these agencies and Council responses are summarised in Table 2 below:
Table 1: Public authority consultation
Agency (required by Gateway) |
Comments |
Council response
|
Transport for New South Wales (TfNSW) (Attachment 6)
|
Planning Proposal |
|
TfNSW raised no objection. However, they advised that the cumulative traffic impact of the planning proposal was not assessed in the traffic impact report prepared in support of Amendment 88. It is advised that the additional trips external to the precinct are highly likely to be generated due to the increased retail offering and the current access arrangements to the centre from Camden Valley Way, via the highway service centre (comprising of an existing service station and a future fast food restaurant location).
|
The increase in retail GFA is anticipated to generate approximately 200 additional vehicle trips per hour. Due to the proposed increase of retail GFA and the increased retail offering, some of these trips may originate from a broader catchment and come from Camden Valley Way, via the highway service centre, as opposed to the East Leppington neighbourhood. Council staff consider that this does not warrant a full update of the traffic and transport report prepared for the entirety of the East Leppington precinct. The cumulative traffic impact assessment of the subject development and its impacts on the signalised intersection of Camden Valley Way and the future collector road will be required as part of a future development application (DA).
No amendment to the planning proposal is proposed as the cumulative traffic impact due to the retail GFA increase is considered insignificant.
|
|
Growth Centre DCP |
||
Future vehicular access to the Neighbourhood Centre, or the rest of the development, from the highway service centre site is not supported. It is recommended to have access off the local road network. The DCP and the Indicative Layout Plan (ILP) should be amended accordingly.
|
The DCP has been amended accordingly.
|
|
It is recommended that future development of the Neighbourhood Centre should maximise sustainable active transport accessibility to provide a convenient alternative for residents of the precinct to access daily needs. |
Figure 2-13: Pedestrian and Cycleway Network and Figure 3-2: Desired Future Layout of the Neighbourhood Centre of the draft DCP proposes amended cycleway and pedestrian linkages to maximise sustainable active transport accessibility to the centre. The amended cycleway and pedestrian network will also facilitate convenient access to the local open space and recreation area for residents.
|
|
Campbelltown City Council |
No response received |
Nil |
Camden Council |
No response received
|
Nil |
Department of Planning, Industry and Environment (Environment, Energy and Science group) |
No response received |
Nil |
Sydney Water |
No response received
|
Nil |
Jemena Gas Network |
No response received |
Nil |
Community Consultation
In accordance with the Gateway determination, Amendment 88 was placed on public exhibition from 3 September 2021 until 3 October 2021. The draft DCP and the draft LPA were also placed on public exhibition as a unified package. Notices regarding the public exhibition were placed on Council’s website and letters were sent to adjoining landowners and occupiers.
No submissions were received in relation to Amendment 88, the draft DCP and the draft LPA during the public exhibition period, and as such no further changes are considered necessary following public exhibition.
Amendments to the Liverpool Growth Centre Precincts Development Control Plan (Growth Centre DCP)
To reflect the changes to the zone boundaries and the increase in retail GFA provision under the planning proposal, the DCP controls, maps and figures, including the Indicative Layout Plan (ILP) are amended. The proposed DCP amendments (as exhibited) are summarised below:
· The ILP is amended to reflect the changes in the road network and the land uses in the precinct (e.g., residential, open space etc.) resulting from the planning proposal.
· The numerical restriction on retail Gross Floor Area (GFA) of the Neighbourhood Centre under Section 3.1 of the East Leppington Precinct DCP is amended to ensure consistency with the planning proposal.
· A new clause (Clause 7) and new Figure 3-3 are included in subsection 3.1 East Leppington Neighbourhood Centre under Section 3 - Centre Development Controls of the DCP to ensure the design and construction of the street (tree lined boulevard) is consistent with the proposed DCP amendments.
· A revised layout is proposed to replace the current layout of the neighbourhood centre at ‘Figure 3-2: Desired future layout of the Neighbourhood Centre’ of the DCP. The proposed layout represents the extended area of the Neighbourhood Centre. In response to the submission from TfNSW, the one-way exit provisions between the service centre and the retail part of the Neighbourhood Centre are removed in the proposed centre layout of the DCP. This change is made at the post-exhibition stage (refer to Figure 4).
Figure 4: Proposed desired future layout of the Neighbourhood Centre (post-exhibition)
· Additional site-specific controls for the subject site are included under the newly added Section 4.6 of the DCP (as exhibited) to ensure that future development within the subject site will create active frontage with the designated public spaces, including the open space area.
· Relevant maps and figures in the DCP are amended to reflect the changes to zoning boundaries, the local road network, the Neighbourhood Centre layout and the pedestrian and cycleway network, as exhibited under the draft DCP.
The post-exhibition version of the DCP is included in Attachment 7. Minor changes were made in response to TfNSW comments as detailed in Table 1.
Draft Local Planning Agreement (LPA)
Council at its meeting on 26 May 2021 endorsed the draft LPA and resolved to delegate authority to the A/CEO to negotiate with the proponent further before proceeding to public exhibition.
Upon receiving the quantity surveyors report on the estimated costs from the proponent, Council confirmed the estimated costs of works (contributions value). Council then exhibited the draft LPA with Amendment 88 and the draft DCP amendment concurrently.
Table 1 below shows the list of facilities proposed to be delivered under the LPA with their contributions value. Refer to Figure 5 for location of the proposed LPA works.
The LPA is in addition to the required monetary contributions payable under the Contributions Plan.
Table 2: Proposed works under the LPA with their contributions value
Dimensions |
Treatment
|
Contributions Value |
|||
Width (m) |
Length (m) |
Area (m2)
|
|||
1. Social Court
|
20 |
20 |
400 |
Broom finished concrete surface plaza with outdoor seating and tree planting. Informal recreation elements (i.e., Basketball/netball hoop, bocce etc.)
|
$814,436 |
2. Walking Loop
|
2.5 |
180 |
450 |
Broom finished concrete. |
$255,617 |
3. Link Across Riparian Corridor (Boardwalk/ Bridge)
|
3.5 |
70
|
245 |
Broom finished concrete path connecting to boardwalk and spanning riparian corridor. Structure: Steel and timber Decking: Recycled plastic Balustrade: Steel and timber
|
$726,375 |
4. Pedestrian Crossing
|
3.6 |
17 |
n/a |
Raised and marked pedestrian crossing in accordance with AS1742.10. Pedestrian refuge to be included.
|
$270,920 |
Figure 5: Location of proposed LPA works within the site (highlighted in red boxes)
Conclusion
The Gateway determination requirements for Amendment 88 have been satisfied and matters raised by public authority agencies have been addressed or will be appropriately considered as part of a future DA process.
It is recommended that Council proceeds with Amendment 88 and delegates authority to the A/CEO (or delegate) to liaise with DPE and the Parliamentary Counsel’s Office (PCO) to finalise the amendment. It is also recommended that Council adopts the amendments to the Liverpool Growth Centre DCP and delegates authority to the A/CEO (or delegate) to liaise with DPE to publish this amendment. Finally, it is recommended that Council notes the supporting local planning agreement has been approved by the A/CEO under the delegation of Council from the 26 May 2021 meeting (Attachment 8) and executed by Council’s Power of Attorney.
CONSIDERATIONS
Economic |
Further develop a commercial centre that accommodates a variety of employment opportunities. |
Environment |
Support the delivery of a range of transport options. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision-making processes. |
Legislative |
Environmental Planning and Assessment Act 1979 |
Risk |
The risk is deemed to be low. The risk is within Council’s risk appetite. |
ATTACHMENTS
1. Council Resolution - 30 September 2020 (Under separate cover)
2. Council Resolution - 26 May 2021 (Under separate cover)
3. Council Resolution - 25 August 2021 (Under separate cover)
4. Planning Proposal - Amendment 88 (Under separate cover)
5. Gateway determination and alteration (Under separate cover)
6. TfNSW submission (Under separate cover)
7. Post-Exhibition DCP amendment (Under separate cover)
8. Local Planning Agreement (Under separate cover)
9. Local Planning Agreement - Explanatory Note (Under separate cover)
10. ASIC Extract for Vicliz Pty Ltd - Owner of 1370 Camden Valley Way Leppington (Under separate cover) - Confidential
0
Ordinary Meeting
23 February 2022
Planning & Compliance Report
PLAN 02 |
Special Flood Considerations Clause in the Liverpool Local Environmental Plan 2008 |
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
File Ref |
318279.2021 |
Report By |
Brianna Van Zyl - Strategic Planner |
Approved By |
David Smith - Director Planning & Compliance |
Executive Summary
Council’s management of flood prone land is governed by the NSW Government Flood Prone Lands Policy, Floodplain Development Manual, and associated Guidelines, which together support appropriate development of flood prone land. Relevant policy and guidelines for developing flood prone lands are translated into development controls through Council’s Development Control Plan 2008 (DCP) and the Local Environmental Plan 2008 (LEP).
Currently, the following development types are considered critical or sensitive uses and are subject to flood-related controls under Clause 7.8A of the LEP if they are located within the PMF area:
· Caravan Parks;
· Correctional Centres;
· Early education and care facilities;
· Emergency Services Facilities;
· Group homes;
· Hospitals;
· Respite day care centres;
· Senior housing; and
· Tourist and visitor accommodation.
In May 2021 as part of a new flood-prone land package, the Department of Planning and Environment (DPE) introduced the following nine additional development categories to the list of critical and sensitive developments as well as strengthened objectives. In addition to the above nine development types, the following additional developments will be subject to flood related controls if they are located within the PMF area:
· Boarding houses;
· Eco-tourist facilities;
· Educational establishments;
· Hazardous industries;
· Hazardous storage establishments;
· Hostels;
· Information and education facilities;
· Sewerage system; and
· Water supply system.
The above changes will be made by introducing a new Special Flood Consideration clause in the LEP (Clause 5.22) that will replace the existing Clause 7.8A. Both the existing and proposed clauses are provided at Appendix 1.
DPE is seeking Council endorsement to amend the LEP to include the new Special Flood Consideration Clause 5.22, which will enable council to apply these additional controls without the need for Council to prepare its own planning proposal.
It is recommended that Council opt into the Special Flood Consideration Clause 5.22 and endorse this change to the LEP. If endorsed by Council, a formal letter will be sent to DPE advising that Council has resolved to opt into the Special Consideration Clause 5.22. If Council does not endorse this change, the existing Clause 7.8A will remain within the LEP.
That Council:
1. Endorses the Special Flood Consideration Clause 5.22 for inclusion into the Liverpool Local Environmental Plan 2008 by the Department of Planning and Environment; and
2. Advises the Department of Planning and Environment of Councils decision.
REPORT
Background
Council’s management of flood prone land is governed by the NSW Government’s Flood Prone Lands Policy, Floodplain Development Manual, and associated Guidelines, which together support appropriate development of flood prone land. Relevant policy and guidelines for developing and occupying flood prone lands are translated into development controls in Council’s Development Control Plan (DCP) and the Liverpool Local Environmental Plan 2008 (LEP).
Development controls correspond to the nature and extent of flood risk, and there are two categories where flood-related controls apply as outlined below:
1. Flood Planning Areas (FPA) – these are areas affected by the 100-year flood and flood-related planning controls are in place for all types of developments to ensure safe occupation of flood affected land. The 100-year flood refers to the 1% Annual Exceedance Probability (AEP) flood, which has a 1% or 1 in 100 chance of occurring in any one year. A 500mm freeboard has been added to the 100-year flood levels as a factor of safety for setting of building floor levels. Together these provide the Flood Planning Level (FPL) i.e., 1% AEP + 500mm = FPL and determines the full extent of the FPA as shown in Figure 1 below.
2. Probable Maximum Flood (PMF) - for areas beyond the FPA and up to the PMF, the Policy requires planning controls for certain types of developments only. The PMF is the largest flood that could conceivably occur at a particular location. While it’s not economically feasible to provide protection against all floods, there are certain types of developments identified by the state government as having a higher risk to life and therefore warranting the consideration of the impacts of rarer flood events beyond the 1% AEP. The current Government Guidelines generally preclude the use of PMF to set development controls for residential development and it stipulates that development controls will need to be applied to critical infrastructure (such as hospitals) and sensitive developments (like nursing homes) in floods exceeding the 100-year event.
The following diagram explains flood risk categories and permissible developments including the subject special flood consideration area.
Figure 1 - Flood Risk Categories and Development
DPE Flood Prone Land Package
The Department of Planning and Environment (DPE) released a draft Flood Prone Land Package in July 2020. Following a period of consultation, the Flood Prone Land Package came into effect on 14 July 2021.
The current flood-related package has restricted councils in NSW from applying development controls on land between the 1% Annual Exceedance Probability (AEP) and the Probable Maximum Flood (PMF). As a result, development has occurred in floodplains, above the 1% AEP but below the PMF, with limited or no flood-related development controls to manage the risk or to build flood resilience into communities. This poses a risk to the physical and economic safety of communities, results in less resilient communities and creates an increasing risk to the NSW Government when extreme floods occur. The revised flood-prone land package allows a more contemporary approach to better manage flood risk beyond the 1% AEP, including building greater resilience considering the effects of climate change.
The updated package addresses the key concerns including the safety of people, the management of potential damage to property and infrastructure, and the management of the cumulative impacts of development, particularly on evacuation capacity. The new package will ensure both existing and future communities are more resilient to flooding through addressing flood risk appropriately, as not all flood risk is the same for the same probability flood event and this needs to be taken into consideration when undertaking land-use planning.
Special Flood Consideration Clause – Clause 5.22
As discussed above, the key change relates to the introduction of a new special flood consideration clause in the LEP (Clause 5.22). This new clause provides strengthened objectives and introduces nine additional development categories to the list of critical and sensitive developments. These additional developments will be subject to flood-related controls if they are located within the PMF, which includes minimum floor level at PMF and flood evacuation considerations. The following table illustrates the change to the list of sensitive developments in the current LEP Clause 7.8A and in the new Clause 5.22. A copy of the current LEP Clause 7.8A and the new Clause 5.22 is attached with this report (Attachment 1).
Table 1 - Existing and Proposed Critical and Sensitive Land Use Categories
Item |
Existing – LEP Clause 7.8A |
Proposed – LEP Clause 5.22 |
Caravan Parks |
Caravan Parks |
|
2 |
Correctional Centres |
Correctional Centres |
3 |
Early education and care facilities |
Early education and care facilities |
4 |
Emergency Services Facilities |
Emergency Services Facilities |
5 |
Group homes |
Group homes |
6 |
Hospitals |
Hospitals |
7 |
Respite day care centres |
Respite day care centres |
8 |
Senior housing |
Senior housing |
9 |
Tourist and visitor accommodation |
Tourist and visitor accommodation |
10 |
|
Boarding houses |
11 |
|
Eco-tourist facilities |
12 |
|
Educational establishments |
13 |
|
Hazardous industries |
14 |
|
Hazardous storage establishments |
15 |
|
Hostels |
16 |
|
Information and education facilities |
17 |
|
Sewerage system |
18 |
|
Water supply system |
The objectives of Clause 5.22 are to add an additional layer of consideration when assessing development. The clause will help Council make informed decisions when considering applications on land affected by flooding. The additional land-uses listed are critical and high risk, and it is therefore considered prudent to opt into the amended clause to ensure additional consideration is given to these land uses during the assessment process.
Consultation
Council’s Floodplain and Water Management Department endorse the inclusion of the proposed Special Flood Consideration Clause in the Liverpool LEP.
Conclusion
It is recommended that Council opt into the Special Flood Consideration Clause 5.22 and endorse this change to the LEP. If endorsed by Council, a formal letter will be sent to DPE advising that Council has resolved to opt into the Special Consideration Clause 5.22. If Council does not endorse this change, the existing Clause 7.8A will remain within the LEP.
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 |
Act as an environmental leader in the community. |
Legislative |
Environmental and Planning Assessment Act 1979 |
Risk |
The risk is deemed to be Medium. There is a moderate risk to Council if the provisions are not adopted into the LEP as there is no legally binding considerations for development applications of the additional nine (9) critical and sensitive land uses in PMF zone. |
ATTACHMENTS
0 |
|
PLAN 02 |
Special Flood Considerations Clause in the Liverpool Local Environmental Plan 2008 |
Attachment 1 |
Current LEP Clause 7.8A and Proposed LEP Clause 5.22 |
Ordinary Meeting
23 February 2022
Planning & Compliance Report
PLAN 03 |
Status update on planning proposal request at Lot 6 Newbridge Road, Moorebank |
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
File Ref |
046341.2022 |
Report By |
Luke Oste - Coordinator Strategic Planning |
Approved By |
David Smith - Director Planning & Compliance |
Executive Summary
At its meeting on 24 November 2021, Council resolved the following in relation to NOM01:
That:
1. Council remains strongly opposed to a concrete crushing facility at the Moorebank Recyclers site; and
2. A report be brought back to the February 2022 Council meeting with any issues relating to this particular planning proposal, and whether that relates to the proponent or Council.
This report has been prepared in response to point two of Councils resolution.
The Department of Planning and Environment (DPE) have advised Council that planning proposals in the Liverpool Collaboration Area and Moorebank East cannot be progressed until the Georges River Regional Flood Evacuation Study is finalised and the suitability of the sites for rezoning relating to flood evacuation is considered. This includes this site.
Council is working with its consultant, proponents, and various state agencies to finalise the study.
In addition to flood evacuation issues, there are other issues that need to be addressed by the proponent. These were detailed in the 16 December 2020 Council report (Attachment 1), Liverpool Local Planning Panel (LPP) assessment report (Attachment 2) and LPP advice (Attachment 3). The proposal in its current form does not demonstrate strategic and site-specific merit and in its current form is unlikely to receive a Gateway determination from DPE.
All planning proposal requests must demonstrate strategic merit in relation to the strategic planning framework which includes the Sydney Region Plan, the Western City District Plan and Councils Local Strategic Planning Statement (LSPS). Proposals must demonstrate consistency or justifiable inconsistency with a number of Section 9.1 Ministerial Directions.
Key site-specific planning issues with the current proposal that need to be addressed relate to:
· Flooding;
· Flood Evacuation;
· Site contamination;
· Biodiversity impacts; and
· Density and supporting infrastructure.
The complex environmental, flooding and contamination issues affecting the site currently remain unresolved by the proponent.
That Council receive and notes this report.
REPORT
Moorebank East Precinct – Site and Locality Description
The Moorebank East Precinct is a collection of sites that are largely undeveloped and are located along the western bank of the Georges River on the eastern border of the Liverpool LGA. The precinct is bounded by the following:
· North – Newbridge Road initially, and then the Chipping Norton industrial estate. To the north-west is the Chipping Norton residential area. To the north-east is a significant expanse of green space including Riverside Park.
· South – Brighton Lakes Golf Club initially, and then the M5 South-West motorway. To the south-west is the Brighton Lakes residential development.
· East – The site is bound by the Georges River, with the Canterbury Bankstown LGA on the east side of the river. To the north-east is the Davy Robinson Park and boat ramp, as well as some residential development that is subject to the Moorebank Voluntary Acquisition Scheme. Milperra is located on the east side of the river, with significant open and green space located in proximity to the precinct.
· West – Wurrungwuri Reserve initially and then Brickmakers Drive. To the west of Brickmakers Drive is the Georges Fair residential area and Moorebank Town Centre approximately 1km west from the subject precinct.
Figure 1 – Context Map of the Subject Precinct (Source: Near Map)
The precinct has been divided into five distinct sites in accordance with the varying developments being proposed as part of both planning proposal requests and development applications (DA’s). For simplicity, each site within the precinct is identified this way within this report and planning documentation. These are visually represented in Figure 2. They are also listed in Table 1.
Table 1 – Moorebank East Precinct Sites
Site Name |
Address |
Planning Proposal |
Stage |
Site A |
146 Newbridge Rd |
RZ-9/2017 |
Pre-Gateway |
Site B |
124 Newbridge Rd |
RZ-4/2017 |
Pre-Gateway |
Site C |
146 Newbridge Rd |
RZ-1/2019 |
Awaiting Finalisation by Minister |
Site D |
146 Newbridge Rd |
RZ-5/2018 |
Pre-Gateway |
Site E |
Lot 6 Newbridge Rd |
RZ-2/2020 |
Pre-Gateway |
Figure 2 – Aerial Map of the Subject Precinct and Sites A – E (Source: Near Map)
Site E (RZ-2/2020)
The Planning Assessment Commission (as it was then known) issued a development consent on 11 September 2015 for a materials recycling facility on the subject site. The Land and Environment Court subsequently confirmed this approval on 14 July 2017 after Council appealed the approval.
In 2018, the previous owner sold Lot 6 Newbridge Road. At Council’s meeting on 30 May 2018, Council resolved the following in relation to NOM 02:
That Council:
1. In principle, support a proposal for a residential (and auxiliary) land use on the site known as the Moorebank Recyclers in lieu of a recycling facility;
2. Note that any proposal needs to undergo the standard assessment process;
3. Work closely with the proponent to ensure the best possible outcome for the site in a timely manner, should a proposal be received; and
4. Organise a community BBQ once and if the development approval for the recycling plant is surrendered.
A planning proposal request was lodged with Council on 5 March 2020 that sought to achieve the proponent’s vision, ‘to provide a diverse, vibrant, active and accessible residential neighbourhood, bound by the banks of the Georges River and surrounding river woodland, to create an attractive place to live and play’. The proposal seeks to facilitate the following development:
· 2,000 apartments;
· 800m2 of community facilities;
· 1,700m2 of retail, restaurant, and associated uses;
· 730m of foreshore walkway/activation waterfront, facilitating open space linkage to adjoining residential and recreational sites; and
· A series of ecological and recreational parks
Figure 3 – Site E (RZ-2/2020) extract from Urban Design Report (Source: DEM)
To achieve this proposed development, the planning proposal seeks to rezone:
· The existing E2 (Environmental Conservation) land within Lot 6 Newbridge Rd to a combination of R1 (General Residential) and RE1 (Public Recreation); and
· Part of the existing E2 (Environmental Conservation) land on land adjoining to the west to SP2 (Infrastructure) to enable access to the site.
Figure 4 – Proposed rezoning of Site E (RZ-2/2020) – ‘Moorebank recyclers’ (Source: SG Haddad Advisory and FGCS)
In addition to the proposed rezoning, the following amendments to development standards within the LEP are proposed:
· Include a maximum Height of Buildings control of 50m; and
· Increase the maximum Floor Space Ratio control from 0.01:1 to 1:1.
The timeline of the planning proposal request since lodgment is summarised in Table 2:
Table 2 – Site E (RZ-2/2020) timeline
Timeline |
|
Date |
Milestone/Event |
05/03/20 |
Planning proposal lodged and received by Council. |
03/06/20 |
Internal technical referrals undertaken |
30/06/20 |
Letter detailing the outcomes of the initial assessment and required additional information sent to the proponent. |
28/07/20 |
Meeting between the proponent and Council staff regarding the issues identified in the initial assessment. |
13/08/20 |
Planning proposal was placed on initial public exhibition until 20 September 2020.
The proposal received two community responses during this period, and one agency response. Of the two community responses, one was in support and the other was in opposition. |
25/08/20 |
Proponent provided a written response to issues raised by Council. |
30/11/20 |
Planning proposal request reported to the Liverpool Local Planning Panel (Attachment 2).
In summary, the LPP recommended that the planning proposal does not proceed to a Gateway determination (Attachment 3). |
10/12/20 |
DPE written correspondence to Council directs that no Moorebank East planning proposal may proceed to Gateway determination until such time as the Georges River Regional Flood Evacuation Study is finalised and the planning proposals are informed by the study. |
16/12/20 |
The planning proposal request is reported to a Council meeting (Attachment 1). Council resolved to:
1. Receive and note this report; 2. Continue to negotiate with the proponent around issues of density, flood mitigation; 3. Note the correspondence from the Department of Planning, Industry and Environment dated 10 December 2020 that Council finalise the Regional Flood Evacuation Study and that the Study informs those planning proposals in the Moorebank East precinct prior to forwarding planning proposals in this precinct to DPIE for a Gateway determination; 4. Invite the proponent to work with Council Officers on an amended planning proposal that also investigate opportunities to collaborate with neighbouring developments, Canterbury Bankstown Council and the State Government for the possible inclusion of a bridge crossing the Georges River; 5. Defer a decision on whether to forward this planning proposal request to the Department of Planning, Industry and Environment for a Gateway determination until after the Regional Flood Evacuation Study and further report to Council regarding issues in (2) above has been completed in April 2021; and 6. Consider options for the design and construction of a fully accessible shared path along the Georges River. |
4/2/21 |
Meeting with the proponent, their consultant team and Council staff to discuss technical issues and next steps. |
18/02/21 |
Proponent provided initial written response to LPP report and proposes a range of future measures to address outstanding issues. |
18/02/21 |
Council had a phone conversation with the proponent who indicated that they would provide a new planning proposal with an amended design. This would include a new urban design that involves less vegetation clearing, would address flooding issues, and would provide justification for environmental impacts, including those caused by access arrangements.
It was agreed that a high-level summary of an amended planning proposal would be presented to Council staff for comment. This would then inform an amended planning proposal with supporting documentation. |
22/3/21 |
Phone call with proponent – Council requested that the proponent provide an indication as to the timing of the amended planning proposal. |
30/3/21 |
Proponent provides Council with high-level concepts to inform an amended proposal for discussion. |
31/3/21 |
Meeting with the proponent, their consultant team and Council staff to discuss the submitted high-level concepts and next steps. |
25/6/21 |
Council writes to the proponent to indicate that the draft Georges River Regional Flood Evacuation Study require further input from the SES.
The proponent provides a written response to indicate that they have “considered the matters outlined in your email, the attachments, and the history of this matter. On that basis, we have decided to proceed with our Material Recycling Facility in line with our approval.”
|
28/6/21 |
Council provides a written response to the proponent requesting the intentions of the proponent in relation to the planning proposal and further advising that Council will continue to progress the draft Georges River Regional Flood Evacuation Study to enable strategic planning work to continue within the Moorebank East precinct.
The proponent has not yet elaborated further regarding their intentions for the planning proposal. |
It should be noted that the planning proposal has not been formally withdrawn by the proponent and no formal amendments have been lodged by the proponent following Council’s 16 December 2020 resolution.
Regional Flood Evacuation Study
In October 2019, Molino Stewart prepared a report for Council on flood evacuation potential in the Moorebank Peninsula in the Liverpool LGA. This was specifically for the potential development of five sites in the Moorebank East precinct that were subject to planning proposal requests. It was beyond the scope of that report to assess the constraints which may be imposed by the evacuation of existing development in the established areas of Moorebank and Chipping Norton, which may take up some, or all, of the local road capacity.
Consequently, Molino Stewart was engaged to prepare a broader Georges River Regional Flood Evacuation study to investigate flood evacuation challenges for both the Moorebank Peninsula and the Liverpool Collaboration Area. This was identified as an action within the Liverpool Place Strategy, to be undertaken by the SES.
The Department of Planning and Environment (DPE) have advised Council that the Site E planning proposal request cannot be progressed until such time as the draft Georges River Regional Flood Evacuation Study is finalised and the suitability of the site for rezoning in relation to the flood evacuation issue is assessed. This is also the case for the other active planning proposal requests that are impacted by outcome of the draft study. Council continues to work with the consultant, proponents and State agencies to finalise this report.
Issues to be addressed by the proponent
Several unresolved issues remain that must be addressed by the proponent as detailed in the 16 December 2020 Council report (Attachment 1), Liverpool Local Planning Panel (LPP) assessment report (Attachment 2) and LPP advice (Attachment 3).
The proponent must demonstrate strategic merit in relation to the strategic planning framework:
· Greater Sydney Regional Plan:
o Objective 14 – A Metropolis of Three Cities – integrated land use and transport creates walkable and 30-minute cities;
o Objective 25 – The coast and waterways are protected and healthier;
o Objective 27 – Biodiversity is protected, urban bushland and remnant vegetation is enhanced; and
o Objective 37 – Exposure to natural and urban hazards is reduced.
· Western City District Plan:
o Planning Priority W3 – Providing services and social infrastructure to meet people’s changing needs;
o Planning Priority W5 – Providing housing supply, choice and affordability, with access to jobs, services and public transport;
o Planning Priority W14 – Protecting and enhancing bushland and biodiversity; and
o Planning Priority W20 – Adapting to the impacts of urban and natural hazards and climate change.
· Liverpool Local Strategic Planning Statement (LSPS):
o Planning Priority 6 - High-quality, plentiful, and accessible community facilities, open space and infrastructure aligned with growth;
o Planning Priority 7 - Housing choice for different needs, with density focused in the City Centre and centres well serviced by public transport;
o Planning Priority 14 - Bushland and waterways are celebrated, connected, protected, and enhanced; and
o Planning Priority 15 - A green, sustainable, resilient, and water-sensitive city.
Consistency or justifiable inconsistency with the following s.9.1 Ministerial Directions must be achieved for the planning proposal to progress:
· Direction 2.1 – Environmental Protection Zones;
· Direction 2.2 – Coastal Management;
· Direction 2.6 – Remediation of Land;
· Direction 3.4 – Integrating Land Use and Transport;
· Direction 4.1 – Acid Sulfate Soils;
· Direction 4.3 – Flood Prone Land;
· Direction 5.10 – Implementation of Regional Plans.
The key site-specific planning issues with the proposal, in addition to the inconsistencies with the strategic planning framework, are:
· Flooding: The nature of the site, being within a high hazard flood zone, requires significant flood mitigation measures to enable the development and to allow for safe evacuation. The development currently proposes significant fill up to the Probable Maximum Flood level (PMF) (up to 10m) and therefore requires substantial compensatory flood storage. Resulting impacts have not been sufficiently identified at this stage in the planning process, and appropriate mitigation measures have not been provided.
· Contamination: Despite requests for sufficient information, there remains a level of uncertainty around the contaminated state of the site and the required remediation pathways to be followed by the proponent to enable residential development on this site.
· Biodiversity: The proposal involves a significant loss of vegetation and habitat across the site (which is zoned Environmental Conservation) due to the level of manipulation of the foreshore area and due to the proposed access arrangements through Council owned (and Environmental Conservation zoned) Wurrungwurri Reserve. It is acknowledged that significant work that has been undertaken to identify the biodiversity value of the site, however insufficient strategies and mechanisms are provided to ensure these ecological values are protected as part of the proposal, and to demonstrate consistency with key ministerial directions.
· Density: The proposed density remains a concern, including the appropriateness of 2,000 dwellings on the subject site, in an out of centre location with poor public transport connectivity.
As stated in correspondence from Council to the proponent, as highlighted within the December 2020 Council report, and this report, the complex environmental, flooding and contamination issues affecting the site remain unresolved.
Conclusion
This report provides a status update on the planning proposal request as requested by Council. The planning proposal request cannot progress to Gateway determination until the draft Georges River Regional Flood Evacuation Study, being prepared by Council’s flood consultant Molino Stewart, is finalised and the site suitability for rezoning is considered in relation to the conclusions and recommendations of this study. Council is working with Molino Stewart, the various state agencies, and relevant proponents to finalise the study.
Council is also awaiting additional information from the proponent in relation to several outstanding issues that were outlined in the December 2020 report to Council. These issues must be addressed to demonstrate the strategic and site-specific merit of the proposal.
It is recommended that Council receive and notes this report.
CONSIDERATIONS
Economic |
Facilitate economic development. |
Environment |
Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. |
Social |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership |
Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
Legislative |
Environmental Planning and Assessment Act 1979 |
Risk |
There is no risk associated with this report. |
ATTACHMENTS
1. 16 December 2020 Council Report and Resolution (Under separate cover)
2. Local Planning Panel Report (Under separate cover)
3. Local Planning Panel Advice (Under separate cover)
0
Ordinary Meeting
23 February 2022
Planning & Compliance Report
PLAN 04 |
Planning proposal to amend Schedule 5 - Environmental Heritage of the Liverpool Local Environmental Plan 2008 |
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
File Ref |
395502.2021 |
Report By |
Lilyan Abosh - Strategic Planner |
Approved By |
David Smith - Director Planning & Compliance |
Executive Summary
Council resolved at the 28 April 2021 and 30 June 2021 meetings to prepare a planning proposal to list 122 Atkinson Street, Liverpool and 124 Moore Street, Liverpool in Schedule 5 Environmental Heritage of the Liverpool Local Environmental Plan 2008 (LEP) (Attachments 1 and 2).
Consistent with Council’s resolution, a planning proposal has been prepared which lists the above properties in Schedule 5 of the LEP as well as removing other items from Schedule 5 which have been demolished because of previous Part 3A or State Significant Development (SSD) or State Significant Infrastructure (SSI) applications (Attachment 3).
The planning proposal was considered by the Liverpool Local Planning Panel (LPP) on 25 October 2021 as required by the Local Planning Panels Direction – Planning Proposals issued by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979. The LPP advised that the planning proposal has merit and should proceed to the Department of Planning and Environment (DPE) for a Gateway determination (Attachment 4).
This report recommends that Council endorses the planning proposal and forwards the planning proposal to DPE seeking a Gateway determination.
That Council:
1. Notes the advice of the Liverpool Local Planning Panel;
2. Endorses the planning proposal to amend Schedule 5 – Environmental Heritage of the Liverpool Local Environmental Plan 2008;
3. Delegates to the Acting CEO (or delegate) to make any typographical or other editing amendments to the planning proposal if required;
4. Forwards the planning proposal to the Department of Planning and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination, with a request that Council be authorised as the local plan making authority;
5. Subject to Gateway determination, undertake public exhibition and community consultation in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan;
6. Receive a further report on the outcomes of public exhibition and community consultation; and
7. Notify the owners of 122 Atkinson Street, Liverpool and 124 Moore Street, Liverpool of Council’s decision to endorse the planning proposal for a Gateway determination and to provide advice on the next steps in the plan making process.
REPORT
Background
This planning proposal seeks to amend the Liverpool Local Environmental Plan 2008 (LEP) to include 122 Atkinson Street, Liverpool and 124 Moore Street, Liverpool in Schedule 5 Environmental Heritage of the LEP. The properties are the subject of Interim Heritage Orders issued pursuant to a Council resolution in November 2020 and February 2021. The Interim Heritage Orders are still in force.
In accordance with the NSW Government guidelines for issuing Interim Heritage Orders, a Preliminary Assessment of Heritage Significance was undertaken for each property, identifying the potential for heritage significance and the need to undertake a more detailed assessment of each property.
In November 2020, FORM Architects were engaged by Council to prepare an Assessment of Heritage Significance for 122 Atkinson Street, Liverpool. The report noted that the building is historically and socially significant and therefore meets the threshold for heritage listing in the LEP.
In March 2021, Edwards Heritage were engaged by Council to prepare an Assessment of Heritage Significance for 124 Moore Street, Liverpool. The report noted that despite the locality evolving over time, the significance of the building as one of the first scout halls in the area and a purpose-built scout hall has not been undermined. Therefore, the property meets the threshold for heritage listing in the LEP.
Planning Proposal
Consistent with Council’s resolution, a planning proposal has been prepared which lists the above properties in Schedule 5 of the LEP as well as removing other items from Schedule 5 which have been demolished because of previous Part 3A or State Significant Development (SSD) or State Significant Infrastructure (SSI) applications (Attachment 3).
The planning proposal seeks to amend Schedule 5 of the LLEP 2008 to:
Add:
122 Atkinson Street, Liverpool (Lot 52 DP 1090837)
124 Moore Street, Liverpool (Lot 1 DP 10447)
Remove:
Item 4 – Badgerys Creek Road, Bringelly (Lot 1 DP 90328, Lot 1 DP 109666)
Item 5 – 225-245 Badgerys Creek Road, Bringelly (Lot 1 DP 417901, Lot 1 DP 109666)
Item 59 – 5-35 Yarrunga Road, Prestons (Lot 34 DP 2359)
Item 27 – Greendale Road, Greendale (Lot 1 DP 1115589, Lot 2 DP 1115589)
Item 36 – Campbelltown Road, Ingleburn [Edmondson Park] (Part Lot 1 DP 831152, Part Lot 2 DP 831152)
Item 57A – Moorebank Avenue (Lot 1 DP 1048263)
Planning Assessment
The planning assessment report considered by the Liverpool Local Planning Panel is provided at Attachment 5. It includes an assessment of the merits of the proposal against the District and Region Plans, the Liverpool Local Strategic Planning Statement (LSPS) and the Department of Planning “Guide to preparing planning proposals”. The report concluded that the planning proposal has site-specific and strategic merit and will result in the conservation of the sites identified as being historically significant while also removing sites that are no longer required to be listed.
Advice of the Liverpool Local Planning Panel
The planning proposal was considered by the Liverpool Local Planning Panel (LPP) on 25 October 2021 for advice. The LPP supported the planning proposal proceeding to DPE for a Gateway determination.
A summary of the LPP advice and Council’s responses are provided in Table 1.
Table 1 – LPP Advice and Council Staff Response
LPP Advice |
Council Staff Response |
The Panel advises Council that it sees merit in the Planning Proposal proceeding, noting that the site owners must be engaged during the statutory process and the community be given the opportunity to comment, and also that descriptors in the documentation need to be checked for accuracy and amended where necessary. |
This report includes a recommendation to notify owners of the outcome of Council’s decision and to advise of the next steps in the plan making process. Owners will be engaged regularly throughout the next phases of the planning process. |
Conclusion
It is recommended that Council endorse the planning proposal and that it be forwarded to DPE for a Gateway determination. This is supported by the advice of the LPP, and Council’s assessment that the proposal has both strategic and site-specific merit.
Upon receipt of a Gateway determination, public exhibition and community consultation will be undertaken. Council will then receive a post-exhibition report for a final decision on the proposal including any possible amendments resulting from the consultation process.
CONSIDERATIONS
Economic |
There are no economic and financial considerations. |
Environment |
There are no environmental and sustainability considerations. |
Social |
Preserve and maintain heritage, both landscape and cultural as urban development takes place. |
Civic Leadership |
There are no civic leadership and governance considerations. |
Legislative |
Environmental Planning and Assessment Act 1979. |
Risk |
The risk is deemed to be Low. The risk is considered to be within Council’s risk appetite. |
ATTACHMENTS
1. Council Resolution - 28 April 2021 - CONF 04 - Update on Interim Heritage Orders (Under separate cover)
2. Council Resolution - 30 June 2021 - CONF 06 - Interim Heritage Order - 124 Moore Street, Liverpool (Under separate cover)
3. Planning Proposal (Under separate cover)
4. Local Planning Panel Advice (Under separate cover)
5. Planning Assessment Report to Local Planning Panel (Under separate cover)
6. 122 Atkinson Street, Liverpool - Assessment of Heritage Significance - FORM Architects (Under separate cover)
7. 124 Moore Street, Liverpool - Assessment of Significance - Edwards Heritage (Under separate cover)
8. Draft LEP Amendment Map 1 (Under separate cover)
9. Draft LEP Amendment Map 2 (Under separate cover)
10. Draft LEP Amendment Map 3 (Under separate cover)
0
Ordinary Meeting
23 February 2022
Planning & Compliance Report
PLAN 05 |
Endorsement of submission on the Discussion Paper: A New Approach to Rezonings |
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
File Ref |
022421.2022 |
Report By |
Brianna Van Zyl - Strategic Planner |
Approved By |
David Smith - Director Planning & Compliance |
Executive Summary
On 15 December 2021, the Department of Planning and Environment (DPE) announced two initiatives as part of the Planning Reform Action Plan. These two initiatives include:
· A new Local Environmental Plan (LEP) Making Guideline (the Guideline), which seeks to better explain the process to rezone land and will implement new improvements to the process; and
· Discussion Paper: A New Approach to Rezonings.
The new Guideline (Attachment 1) was published and came into effect on 15 December 2021. The Guideline goes into greater detail to explain the planning proposal process to proponents and Councils. Whilst the Guideline delivers some immediate amendments, the changes are relatively minor in comparison to the longer-term reforms outlined in the Discussion Paper (Attachment 2).
The Discussion Paper is on exhibition until 28 February 2022, and DPE is seeking feedback on these reforms. The Discussion Paper suggests substantial changes including new roles, the removal of the Gateway process, mandatory timeframes, mandatory fee structures and new appeal pathways. The Discussion Paper also asks for responses to specific questions to guide the consultation process on these reforms.
A draft submission has been prepared (Attachment 3) that provides detailed comments and concerns as well as specific answers to the questions asked by DPE. In summary, the draft submission states that Council supports more efficient assessment of planning proposals; however, Council does not support some of the proposed changes and requests that further consideration takes place in relation to those. Several considerations have been overlooked and the implication of diminishing Councillor involvement in planning decisions is of concern.
It is recommended that the draft submission is endorsed by Council and submitted to DPE by 28 February 2022.
That Council:
1. Endorses the submission on the Department of Planning and Environment’s discussion paper: A New Approach to Rezonings; and
2. Submits the endorsed submission to the Department of Planning and Environment by 28 February 2022.
REPORT
Background
In August 2020, the Department of Planning and Environment (DPE) announced the Planning Reform Action Plan in response to the Covid-19 pandemic. The action plan consisted of a series of initiatives to streamline and improve the NSW Planning System. On 15 December 2021, as part of the Planning Reforms, DPE announced two new initiatives. The first being the new LEP Making Guideline (the Guideline) (Attachment 1) which was published and came into effect on the 15 December 2021 and replaces the previous guidelines:
· Local Environmental Plans: A guide to preparing local environmental plans (2018)
· Planning Proposals: A guide to preparing planning proposals (2018).
Secondly, a Discussion Paper A new approach to rezoning was placed on public exhibition. The Discussion Paper suggests considerable changes to the planning proposal process. These changes if adopted in their current form will have an impact on Council’s strategic planning functions, the role of Councillors in the planning proposal process, and potentially impact on development outcomes.
Local Environmental Plan (LEP) Making Guideline
The Guideline does not significantly alter Councils current procedures; however, several immediate changes will need to be considered when assessing and preparing a planning proposal, as outlined below:
· Scoping / Pre-lodgment – Scoping is the first stage in the planning proposal process. In the new Guideline scoping is not required, but strongly recommended, and will become mandatory for some planning proposal under the rezoning reforms. Council already encourages pre-lodgment meetings, and this initiative will continue under the new Guideline.
· Categories of planning proposals – Planning proposals will now be classified into four different categories. Each category has a number of tests and is based on the strategic consistency and complexity of the proposal. Each category has associated timeframes; however a proposal’s specified category can be changed throughout the process. The categories are defined below:
Table 1 - Proposed Categories of Planning Proposals
Category |
Description |
Category 1 (Basic) |
Administrative, housekeeping, and minor local matters such as: · listing a local heritage item, supported by a study endorsed by the department’s Environment, Energy and Science group; · reclassifying land where the Governor of NSW’s approval is not required; · attaining consistency with an endorsed local strategy; and · fast-tracked changes of environmental planning instruments under section 3.22 of the Environmental Planning and Assessment Act 1979. |
Category 2 (Standard) |
Site-specific rezoning applications seeking a change in planning controls consistent with strategic planning, such as: · changing the land-use zone if a proposal is consistent with the objectives identified in the LEP for that proposed zone; · altering the principal development standards of the LEP; · adding a permissible land use or uses and/or any conditional arrangements under Schedule 1 Additional Permitted Uses of the LEP; · ensuring consistency with an endorsed strategic planning or local strategic planning statement; and · classifying or reclassifying public land through the LEP. |
Category 3 (Complex) |
Applications that may be not consistent with strategic planning, including any LEP amendment not captured under category 1 or 2. Examples include: · changing the land use zone and/or the principal development standards of the LEP, which would increase demand for infrastructure and require an amendment to, or preparation of, a development contributions plan; · responding to a change in circumstances, such as the investment in new infrastructure or changing demographic trends; · requiring a significant amendment to, or preparation of, a development contributions plan or a related infrastructure strategy; and · making amendments that aren’t captured as principal LEP, standard or basic planning proposal categories. |
Category 4 (Principal LEP) |
A comprehensive or housekeeping rezoning application led by Council, proposing broadscale policy change to the LEP for the whole LGA. |
· Benchmark timeframes - Planning proposals will now be subject to benchmark timeframes. The timeframes specify the maximum length of time for each stage in a planning proposal. It should be noted that the current benchmark timeframes do not account for the role of the Local Planning Panel (LPP) in the existing process. The impacts of not meeting the benchmark timeframes are not clear in the new Guideline. Although, it does state that the Minister may alter a Gateway Determination to not proceed where there have been significance delays in the progressing.
Figure 1 - Planning Proposal Benchmark Timeframes (Source: DPE)
Discussion Paper – A New Approach to Rezoning
The Discussion Paper outlines a possible new approach to rezoning and seeks feedback by asking several specific questions. The new approach, in comparison to the existing, is illustrated in Figure 2.
Figure 2 - Comparing the current and proposed rezoning frameworks (Source: DPE)
A summary of the major changes proposed within the Discussion Paper are:
· New Categories and Timeframes – The Discussion Paper lists four new categories for rezoning applications, with corresponding timeframes as reflected in Figure 3. The categories are the same as those introduced by the new Guideline as discussed above, however the timeframes are significantly shorter to reflect the perceived efficiencies gained by the new rezoning process.
Figure 3 - Proposed categories and benchmark timeframes (Source: DPE)
· Scoping – The scoping (pre-lodgement) process will become mandatory for planning proposals. The scoping process will involve extensive consultation between Council, DPE and state agencies, and will require the proponent to prepare a high-level scoping report and attend a meeting to discuss the report and provide preliminary feedback.
· New Roles – The Discussion Paper suggests various changes to the roles of DPE, Councillors, the LPP, and proponents in the planning proposal process:
o DPE – A reduced role unless Council is the proponent or the proposal is for state significant development;
o Councillors – Councillors will only see a planning proposal at the very end of the process, with the opportunity to provide in-principle support earlier removed as part of the proposed framework;
o LPP – The role of the LPP is currently unclear, and clarification is required if referrals for planning proposals is still mandatory for Council;
o Proponents – The proponent would be more greatly recognised in the planning proposal process, and would be responsible for driving more steps, which are currently the responsibility of Council. For example, the proponent would be responsible for the public exhibition and response to submissions phase.
· Planning Agreements, Contributions Plan and DCP Amendments – There is minimal mention of Planning Agreements and Contributions Plan amendments throughout the Discussion Paper. It is currently unclear if the processes involving these additional supporting elements will change. This omission is a key concern given that these elements are typically the primary source of delays for planning proposals.
· New Fee Structure – The Discussion Paper seeks to implement a standardised fee structure for planning proposals. This is based on the premise that a Council should be able to levy a fee to cover the cost of staffing to assess such proposals. The Discussion Paper presents three options for a potential new fee structure as outlined in Table 2.
Table 2 - Proposed Fee Structure Options
Option |
Explanation |
Option 1: Fixed Assessment Fees |
· Assessment fees are fixed by the rezoning authority, based on the category of rezoning application, and divided into sub-categories based on the complexity of the rezoning application. · Sub-categories are based on the extent of change to zoning and/or development standards by location and site area, along with other matters that complicate the assessment process (such as whether a proposal includes a VPA). · No fees would be charged for any other associated costs such as consultant fees for peer reviews. · If a rezoning application is withdrawn after lodgement, the proponent could be entitled to a set percentage refund of fees, depending on the stage the rezoning application reaches. · This option provides certainty for proponents and lessens the administrative burden for rezoning authorities. However, it may not always result in actual costs being recovered. |
Option 2: Variable Assessment fees |
· Assessment fees are based on the estimated costs a rezoning authority would incur on a case-by-case basis, depending on the category of rezoning application, staff time in scoping meetings and a forward estimate of staff hours required to assess the rezoning application. · Associated costs would be charged to the proponent based on actual costs incurred. · If a rezoning application is withdrawn post-lodgement, the proponent could be entitled to a refund of fees not yet expended by the rezoning authority. · This option will achieve actual cost recovery but will be time-consuming to administer and uncertain for proponents. |
Option 3: Fixed and Variable Assessment fees |
· Assessment fees have a fixed and variable component. The fixed fee would be charged upfront, based on the category of rezoning application (similar to option 1). In addition, a variable fee is charged once the rezoning application is finalised, based on actual staff hours that exceed the costs covered by the fixed fee. · To reduce the risk of non-payment of the variable fee component, proponents of complex rezoning applications could be required to provide a bank guarantee at lodgement. · Associated costs will be charged to the proponent based on the actual costs incurred. · This option will achieve actual cost recovery and be less time-consuming to administer and more certain for proponents than option 2 (although less so than option 1). |
· Planning Guarantee – The Discussion Paper looks to implement a planning guarantee which requires Councils to refund a proportion of lodgement fees if mandated timeframes are not met.
· Appeal Pathways – There are currently two ways that a decision can be reviewed: A rezoning review, and a Gateway review, both are only available close to the beginning of the current process. The Discussion Paper seeks to include a review opportunity for private proponents at the end of the process, if progress has been delayed or if the proponent is dissatisfied with the final decision. The Discussion Paper explores a merit appeal right to the Land and Environment Court, as well as an alternate option to appeal to the Independent Planning Commission.
Draft Council Submission
A draft submission has been prepared (Attachment 3) that provides detailed comments and concerns as well as specific answers to the questions asked. The draft submission states these changes are likely to have a significant impact on Council’s strategic planning process, the role of Councillors in the planning proposal process, and will potentially impact negatively on development outcomes if adopted in their current form.
Whilst aspects of the Discussion Paper suggest improvements and streamlines parts of the assessment process, other amendments require further consideration. The new process sees a significant reduction in the involvement of DPE including removal of the Gateway Determination stage. It also diminishes Councillor involvement in planning decisions which is of concern.
The draft submission provides detailed comments in response to the Discussion Paper, clear recommendations in relation to these comments, and answers to the specific questions asked by DPE.
The recommendations contained within the draft submission are:
1. Increase the timeframe for ‘adequacy assessment / permission’ to enable a more thorough assessment.
2. Indicate the instance of re-exhibiting a proposal within the timeframes.
3. Introduce a stop-the-clock provision.
4. Enable fees to be charged at the scoping phase to account for the additional level of assessment required prior to lodgement.
5. Enable information requests to still occur, with a stop-the-clock provision to apply during this stage.
6. DPE is included in the scoping stage and provide in-principal support and conditions to inform planning proposals at an early stage.
7. DPE functions as a central coordination body to facilitate state agency consultation
8. Additional Councillor involvement is included earlier in the process, prior to exhibition to enable an indication of in-principal support at a political level.
9. The requirement for Council to seek advice from the LPP is retained, and this element is accounted for in the proposed timeframes.
10. Indication of support from relevant state agencies is required on any justified inconsistency with s9.1 Ministerial Directions.
11. The proposed framework accounts for Planning Agreements and / or Contributions Plan amendments and / or DCP amendments in parallel with planning proposals including scoping, reporting to Council for in-principal support, public exhibition, assessment, reporting to Council for endorsement and, finalisation.
12. Retain the ability for Council’s to charge fees to assess Planning Agreements and / or Contributions Plan amendments and / or DCP amendments in parallel with planning proposals.
13. A fixed and variable fee structure is established (Option 3) to enable cost recovery in accordance with the complexity of planning proposals.
14. Refine the planning guarantee element further to account for external sources of delay and avoid unnecessary refusals.
15. Incorporate the existing rezoning review process involving the Regional Planning Panel into the proposed framework.
Next Steps
The new approach to rezoning, outlined in the Discussion Paper, is on exhibition until 28 February 2022. DPE have indicated that the feedback received will refine the new approach to rezoning with the intent of implementing changes in late 2022.
Conclusion
The report provides a summary of two recent initiatives announced by DPE on 15 December 2021.
· A new Local Environmental Plan (LEP) Making Guideline (the Guideline), which seeks to better explain the process to rezone land and will implement new improvements to the process; and
· Discussion Paper: A New Approach to Rezonings.
It is recommended that Council receive and note the new Guideline.
It is recommended that the draft submission (Attachment 3) is endorsed by Council and subsequently submitted to DPE by 28 February 2022.
CONSIDERATIONS
Economic |
Facilitate economic development. |
Environment |
Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. |
Social |
Preserve and maintain heritage, both landscape and cultural as urban development takes place. Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership |
Provide information about Council’s services, roles and decision making processes. |
Legislative |
Environmental Planning and Assessment Act 1979 |
Risk |
The risk is deemed to be Medium The outcomes of the Discussion Paper could result in significant changes to the planning proposal process if changes are not made as recommended in Council’s draft submission. The risk is considered within Council’s risk appetite. |
ATTACHMENTS
1. Local Environmental Plan Making Guideline (Under separate cover)
2. Discussion Paper - A new approach to rezonings (Under separate cover)
3. Draft Submission (Under separate cover)
0
Ordinary Meeting
23 February 2022
Planning & Compliance Report
PLAN 06 |
Endorsement of submission on the NSW Government's Infrastructure Contributions Reforms |
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
File Ref |
035742.2022 |
Report By |
Lina Kakish - Manager City Planning |
Approved By |
David Smith - Director Planning & Compliance |
Executive Summary
In early 2020, the NSW Government requested the NSW Productivity Commissioner undertake a review of the infrastructure contributions system in New South Wales and report back with recommendations for reform.
The Productivity Commission undertook this review and released their final report in December 2020 (Attachment 1), which included 29 recommendations. The NSW Government accepted all 29 recommendations of the report, which set the following priority reforms:
· amending the local government rate peg to reflect population growth
· cost reflective section 7.11 contributions based on efficient costs
· requiring infrastructure contributions plans to be developed upfront prior to rezoning
· retaining the simplicity of section 7.12 levies but with a higher maximum rate for residential development
· introducing rigor in the application of section 7.4 planning agreements (State and local)
· broad-based regional contributions of between $8,000 and $12,000 per dwelling in Greater Sydney, the Central Coast, Hunter and Illawarra-Shoalhaven, in place of special infrastructure contributions
· restoring water charges for Sydney Water and Hunter Water, which are currently set at zero
· simplifying the system with digital tools, adopting benchmark costs and use of standardised templates.
In direct response to the Productivity Commissioner’s review of the infrastructure contributions system, the NSW Government introduced a Bill to the NSW Parliament proposing amendments to Infrastructure Contributions in the Environmental Planning and Assessment Act 1979 (EP&A Act), as well as the Environmental Planning and Assessment Regulation, 2000 (Regulation).
Two major changes effected by the Bill include:
1. The introduction of land value contributions
This is a charge on land within an identified “land value contribution area” based on the amount of land required for public infrastructure, and the amount of developable land in the precinct. Payment of a land value contribution would need to be satisfied:
· as a condition of development consent (if land not sold following rezoning), or
· before completion of the sale.
This amendment represents a mechanism for capturing the value of rezoned land and aims to split contributions (and thus, the cost of development) more equally across landowners and developers. This could have a major impact on Council’s contributions system, especially the collection of funds for the timely acquisition of land.
2. Major changes to Section 7.12 contributions
The amendment includes limits on:
· The maximum levy amount for specific development types
· The type of development that the levy can be imposed on
· The local government areas where a local levy can be imposed
Other effects brought about by the amendment include:
· The replacement of State Infrastructure Contributions (SIC) by Regional Infrastructure Contributions (RIC)
· Requirements for Planning Agreements to undergo public exhibition rather than notification (Note: Council already undertakes public exhibition for Planning Agreements.)
· The review of Local Strategic Planning Statements (LSPSs) every 5 years instead of every 7 years
· Provisions for the recovery of charges, fees, contributions and money by Council
· Expanding the scope for Regulations and Ministerial Directions in general.
Council lodged a submission to the Upper House Inquiry on the Bill in July 2021, asking for more information. Council’s submission recommended that the Bill not progress until the necessary additional information was made available. This was based on the following issues:
· The amendments to the Regulations have not been released;
· The relationship with other scheduled reforms is unclear; and
· Councils are not being given clear and sufficient timeframes to respond and adapt to the reforms.
Following strong advocacy from LGNSW and councils, the Department of Planning and Environment (DPE), formerly known as the Department of Planning, Industry and Environment (DPIE), committed to a full exhibition package and provided assurance to councils that the reforms would not proceed until councils had the opportunity to comment on the further information provided. Following this commitment from DPIE, the following key dates are noted:
· Mayoral roundtable November 2021 (including Liverpool City Council’s former Mayor)
· 5 November 2021 - local council election caretaker period commences
· 26 November 2021 - Responses due to IPART on draft report on essential works list and benchmark costs
· 10 December 2021 - responses due to DPIE on full DPIE exhibition package
· 31 December 2021 - Independent Pricing and Regulatory Tribunal (IPART) Final Report on essential works list and benchmark costs due
· Early 2022 - Newly formed Councils to make a submission to DPIE on full DPIE exhibition package
· July 2022 - Start of the new contributions system foreshadowed by the Minister
Council engaged GLN Planning to work with Council to prepare a submission in response to DPIEs exhibition package (Attachment 2) and IPARTs report on the essential works list and benchmark costs (Attachment 3). Both submissions are draft officer submissions due to the Council caretaker period not allowing for Council endorsement until now.
While Council officers are generally supportive of the proposed reforms, there are 21 recommendations raising matters relating to how the reforms may impact Liverpool City Council. These recommendations are discussed in detail below.
Councils submission to IPART provided a response to the 18 questions included in IPART’s draft report and notes included in the full exhibition package. Council’s ongoing concerns regard the exclusion of community facilities from the essential works list was noted within this submission.
That Council endorses the submission on the NSW Government reforms to the Infrastructure Contributions system.
REPORT
The NSW Government has introduced a Bill to Parliament which sets out infrastructure contributions reforms to be progressed in response to the Productivity Commission’s report released in December 2020, outlining key reforms to be undertaken by the NSW government in relation to NSW Infrastructure contributions.
The NSW government has advised that these reforms are anticipated to provide a range of key benefits and outcomes to councils, as summarised below:
Figure 1: DPEs anticipated key benefits and outcomes resulting from the reforms
A timeline for key milestones of these reforms is outlined below:
Figure 2: NSW Government’s timeline in relation to infrastructure contributions reforms
Based on this timeline, it is now envisaged that DPE and IPART will consider council submissions in response to the exhibited reform package and work towards the timeframe of adopting the reforms by July 2022. It is anticipated that there will be a package of documents (including practice notes and ministerial directions) which will accompany the Bill once it becomes legislation.
Liverpool City Council Officer Submission to DPE
Council officers together with GLN have reviewed the NSW Government’s exhibited infrastructure contributions reforms package, including twenty-three documents prepared by DPE and the IPART which were placed on public exhibition until 10 December 2021. Council has identified twenty-one recommendations for consideration by DPIE in progressing the reforms. The recommendations are listed below and further context behind each recommendation is provided within Attachment 2.
Recommendation 1: Council supports the proposed reforms that encourage councils to forward fund infrastructure delivery by allowing councils to pool funds between contributions plans and recoup interest costs associated with borrowing.
Recommendation 2: Allow councils to continue to levy non-residential development above the maximum rate of 1 per cent where they have previously obtained approval from the Minister to do so, and where it can be demonstrated that the new contributions rates proposed under the reforms would not result in lower net income than under the previously approved plan (as is the case with the Liverpool City Centre s7.12 Contributions Plan).
Recommendation 3: Include provisions in the Regulation that enable councils to seek the Minister’s approval to levy above the proposed s7.12 rates and outline the process for approval and information required.
Recommendation 4: Amend the draft regulation so that the following s7.12 rates should be able to be levied: • $12,000 per dwelling • $50 per square metre for retail and commercial floor space.
Recommendation 5: Council supports the proposed amendments concerning the public exhibition of planning agreements and annual reporting requirements.
Recommendation 6: Council supports the proposed amendments requiring councils to keep and make public an affordable housing contribution register.
Recommendation 7: Council supports the proposed amendments simplifying and standardising exemptions, noting that Council can decide to apply its own additional exemptions if required.
Recommendation 8: The proposed timing for the review of existing contributions plans and adoption of new contributions plans (1 July 2024) should be aligned with the proposed essential works list transitional arrangements (1 July 2025) to allow Council to efficiently review and adopt new plans and avoid the need to undertake a further review and update of its new plans shortly after adoption.
Recommendation 9: The Land Value Contribution (LVC) should be based on the sale price of the land to better reflect the actual cost of acquiring land identified in a contributions plan.
Recommendation 10: The LVC method should include an allowance for costs incurred when acquiring land identified in contributions plans under the Just Terms Compensation Act.
Recommendation 11: The amount of land included in the Land Value Contribution Area (LVCA) should be uncapped if a planning proposal and contributions plan demonstrates consistency with the principles of efficient design and the efficient use of land as outlined in the reforms, to ensure there is no funding gap.
Recommendation 12: Amend the definition and process for determining a Land Value Contributions Area (LVCA) to ensure it excludes all land which is not subject to intensification under a planning proposal.
Recommendation 13: Update the proposed amendment to the Act or Regulation to allow a LVC obligation to be satisfied by a developer dedicating public purpose land identified in the contributions plan.
Recommendation 14: Allow councils to develop and utilise their own customised LVI to index the value of land to be acquired and land contributions by engaging a certified valuer annually.
Recommendation 15: Amend the EP&A Regulation to allow councils to immediately adopt contributions plans once amendments required by IPART and the Minister have been made, without the need to consider further exhibition.
Recommendation 16: The proposed Aerotropolis SIC should be made prior to July 2022, or alternatively the infrastructure identified in the proposed SIC should be fast-tracked into the new RIC Growth Infrastructure Needs Long List, to ensure that the regional infrastructure required to support the Aerotropolis is included in the relevant infrastructure funding mechanism.
Recommendation 17: The Greater Sydney Region should be divided into smaller sub regions to ensure that funds collected to deliver infrastructure required to support development will be spent where growth is occurring.
Recommendation 18: The RIC fund allocation process should include the publishing of the full list of projects that were considered for funding, the reasons why projects were successful or unsuccessful, and an independent appeal and review process where councils and other stakeholders can appeal RIC investment decisions made by the State government.
Recommendation 19: The entire RIC prioritisation and governance framework should be linked to growth and population forecasts to ensure that infrastructure is prioritised for Sydney’s growth areas including the Aerotropolis and the South-West Growth Area, and the framework should be subject to a regular and independent review to ensure the guiding principles and objectives are being met.
Recommendation 20: The timely preparation and approval of contributions plans alongside planning proposals requires the active involvement of State government agencies in the efficient design / master planning phase, and commitments by those agencies to sign off on infrastructure requirements for planning proposals in a reasonable time. The State government should therefore develop and require agencies to adhere to protocols for involvement and timely decision making in the plan making process
Recommendation 21: Extend the timeframe for adoption of a contributions plan or planning agreement from 6 months to 12 months after the gazettal of a planning proposal, to minimise the likelihood of Council being unable to levy contributions on new development where a contributions plan has been delayed.
Council Officer Submission to IPART
In response to the Terms of Reference issued by the NSW Government, IPART has conducted a review of the local contributions system with a focus on the essential works list, nexus, efficient design, and benchmark costs for local infrastructure. From this review IPART have developed a principles-based approach to contributions plan preparation consistent with the NSW Productivity Commission’s recommendations.
Council Officers along with GLN, have prepared a submission (Attachment 2) which responds to the eighteen questions included in IPART’s draft report and notes Council’s ongoing concerns regard the exclusion of community facilities from the essential works list.
Key observations
· Through these reforms, the proposed RIC will replace the SIC, through transitional provisions, so as not to impact areas such as Liverpool City Council who currently have a SIC applying to some parts of its LGA. This is the funding mechanism by which the NSW government collects developer contributions to deliver regional infrastructure.
· The NSW Government will not be taking any local contributions from councils.
· These reforms do not address the ongoing concerns raised by many councils (particularly those growth area councils such as Liverpool, Blacktown, Penrith, Camden), regarding the Essential Works List, which prevents councils from levying contributions for the purpose of building and fitting out a community facility. This creates a significant financial burden on council.
· The Land Value contribution component requires more detail from the NSW Government to be better understood and is not compulsory for councils to incorporate this type of levy into their contributions plans.
Conclusion
It is recommended that Council endorses the submission on the NSW Government reforms to the Infrastructure Contributions system.
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 |
Actively advocate for federal and state government support, funding and services. |
Legislative |
Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 |
Risk |
There is no risk associated with this report. |
ATTACHMENTS
1. Final Report - Review of Infrastructure Contributions in NSW by the Productivity Commission (Under separate cover)
2. Liverpool City Council Contributions Reforms Submission to DPE (Under separate cover)
3. Liverpool City Council submission to IPART (Under separate cover)
0
Ordinary Meeting
23 February 2022
Community & Culture Report
COM 01 |
Liverpool District Forums - Evaluation Report |
Strategic Direction |
Creating Connection Implement access and equity for all members of the community |
File Ref |
032565.2022 |
Report By |
Galavizh Ahmadi Nia - Manager Community Development and Planning |
Approved By |
Tina Bono - Director Community & Culture |
Executive Summary
The Liverpool District Forums (the Forums) were established in 2017 as a formal community engagement mechanism. The Forums provide a platform for ongoing dialogue between Council and the community about important matters affecting local communities, including matters that affect the broader Liverpool LGA. The core functions of the Forums include:
· Convey information about Council services and operations;
· Encourage active and meaningful community participation in Council matters;
· Provide the community with the means to identify and help solve local issues and take appropriate action where possible; and
· Respond appropriately to the community on matters raised.
An operational evaluation of the Forums was undertaken in mid-2021 to better understand their effectiveness, the challenges and value for money of the past four years. This evaluation included consultation with Council departments, particularly those who are closely engaged with the Forums, the Executive Management Team and chairing Councillors. The evaluation took into consideration the COVID-19 impact on engagement and expertise acquired on alternatives models of engagement, such as tapping into online platforms.
Overall, the evaluation identified that the Forums do present a significant opportunity for Council to engage with community members on matters of importance through a structured mechanism. The Forums are, to some extent, continuing to deliver on their core functions, predominantly facilitating a process for information sharing and providing responses to issues raised by residents. The evaluation found that the Forums’ agendas tend to include a high percentage of customer service-related matters. Furthermore, in contrast to Forums with localised agenda items, the Forums that featured on targeted, topical or district level matters as part of the agenda were attended by a more diverse and larger number of residents and were found to be highly effective. A cost analysis, including the cost of Council staff time and resources allocated and the number of residents attending and benefitting was found to be significantly high.
In order to improve the effectiveness of the Forums and to address the challenges identified, this report recommends a redesign of the Forums structure, frequency and delivery model as follows:
· Themed/ topical issues forum – host one forum per district annually on themed or topical issues relevant to the district. This forum will have high level resource and preparation for high level attendance, will engage other government agencies and will be responding to critical and district level issues concerning communities. Examples of such forums in the past include Aerotropolis Planning in 2019, Middletown Grange Town Centre Planning Proposal in 2019, Edmondson Park Information Session in 2018 and Moorebank Planning in 2020. Agenda for these forums are driven by the Executive Management Team in consultation with Councillors.
· General forums – host two-three forums each district per annum. These forums will require lower-level preparation and resources, potentially have lower attendance, and serves as a continuous platform for residents to discuss local issues and for Council to share information and consult. Agendas for these forums are driven jointly by Council departments, Councillors and residents.
· Hybrid delivery model – a combination of online and face-to-face delivery model for convenient and long-term cost-effective outcomes, providing flexibility, accessibility and greater participation and engagement from residents, Council staff and Councillors.
That Council:
1. Receives and notes this report;
2. Endorse to deliver up to four forums per district, one being a themed/ topical issue forum relevant to each district;
3. Endorse a hybrid delivery model, effective from 2022.
REPORT
BACKGROUND
The Liverpool District Forums (the Forums) were established in 2017 as a formal community engagement mechanism to develop and strengthen community bonds and engagement with Council. The Forums provide a platform for ongoing dialogue between Council and the community about important matters affecting local communities, including those matters that affect the broader Liverpool LGA. The core functions of the Forums include:
· Convey information about Council services and operations;
· Encourage active and meaningful community participation in Council matters;
· Provide the community with the means to identify and help solve local issues and take appropriate action where possible; and
· Respond appropriately to the community on matters raised.
District Forum Map
DATA COMPARISON OF FORUMS DURING 2019 – 2020
COVID-19 has had complicated impacts on Council’s community engagement platforms, including the Forums. In April 2020, Council moved to deliver the Forums in an online format. The following tables outline statistical data on the number of Forums held in the years 2019/2020, attendance numbers, key matters discussed and operational cost. They include Councillor, resident and staff engagement with the Forums in 2019, when forums were delivered exclusively face-to-face; and in 2020, when forums were delivered exclusively online. The Forums have continued to be held in the online format while COVID restrictions have been in place, up to February 2022.
Number of forums held |
2019 |
2020 |
Online Forum |
0 |
16 |
Face-to-Face Forum |
25 |
2 |
Extra-Ordinary Forum |
4 |
0 |
Cancelled Forums |
0 |
2 |
Total Forums |
25 |
18* |
Û in 2020, 6 Rural Community Reference Group meetings which were being convened by Council ceased operation, replaced by the Planning Partnership’s Aerotropolis Community Group which is convened by the Western Sydney Planning Partnership.
The following tables outline the average number of residents, staff and Councillors attending the Forums for the same period (2019 - 2022).
Since moving the Forums online, there has been a significant increase in Council staff and Councillors’ participation. Residents’ participation in online Forums in 2020 was low compared to 2019 where the forums were delivered face-to-face. Attendance in 2168 and New Release districts significantly decreased during 2020. While the attendance numbers in the online delivery method have been low, there has been a trend of regular community representation, suggesting the ongoing need for Forums as a platform to engage with the community.
Another set of data reviewed in this period was the common issues and agenda items across all districts. The following matters, mostly customer service related, were found to be generally common topics of discussion at all Forums:
· Road repairs, traffic, road safety and general parking;
· Parks management and maintenance;
· Illegal dumping and waste management;
· Environmental management including vegetation/floodplain concerns;
· Crime and safety concerns;
· Planning proposals and Development Applications; and
· Access to timely, adequate and well-maintained infrastructure.
The evaluation identified that of the issues raised, while some were Council-related, others were within jurisdiction of State or Federal government, requiring Council advocacy. Approximately thirty-five Council and external guest speakers attended the forums in 2020.
The following table outlines the district specific matters of concern that were placed on agendas:
Forum |
Key Issues Raised |
2168 District Forum |
· Access to facilities in particular for young people · Engagement with highly disadvantaged populations and a lack of community advocacy · Employment and jobs locally · Miller Social Infrastructure Masterplan |
Eastern District Forum |
· Redevelopment plans and density increases · Development Applications – particularly related to apartment complexes · Moorebank Intermodal · Ageing community facilities |
New Release/Established District Forum |
· Rapid growth and lack of social infrastructure (parks and open space, facilities) · Middleton Grange – town centre · Edmondson Park – town centre · Traffic and road safety |
Rural District Forum |
· Uncertainty around the impact of Western Sydney Airport development and community anxiety · Illegal car wrecking and waste dumping · Issues around mixed-use zoning · The changing of rural landscape |
The overall findings of the evaluation relating to attendance can be summarised as follow:
· Councillor and Staff participation/attendance was higher at the online Forums held in 2020;
· Resident participation was higher for the face-to-face Forums held in 2019, compared to online forums in 2020;
· Resident participation and engagement with topics presented in themed/topical Forums such as the Aerotropolis, Edmondson Park and Middleton Grange suburb meetings were higher. A total of 1,300 residents attended these targeted forums in 2019;
· Greater staff attendance across Council departments has led to provision of more timely and efficient responses to residents’ queries – many that would previously have been taken on notice were addressed at the Forums; and
· The operational cost of the online delivery format has been significantly lower.
THE EVALUATION OVERVIEW
Over four years on from the establishment of the Liverpool District Forums, this operational evaluation of the Forums was conducted to better understand their effectiveness, the challenges, opportunities for improvement and value for money. This process consulted with relevant Council departments, particularly those who have had regular engagement with the Forums, the Executive Management Team and chairing Councillors. The consultation sought responses to the following survey questions:
· Are the Forums an effective tool to inform and consult residents? How are the Forums working for you (staff/chairpersons)?;
· What do you consider to be the key challenges and pain points?;
· How could you/your departments be more engaged in the delivery of the Forums?; and
· How could the Forums be improved to better meet Council’s community engagement needs?
Key Findings
The evaluation identified a number of challenges and opportunities for improvement.
Challenges
· The Forums are resource intensive – The convening of the Forums across all districts require the same level of resources and preparation time, regardless of the number of attendees. This at times results in an excessive investment of Council staff time and resources where the Forums do not reach the minimum quorum;
· Dealing with non-Council related issues - The Forums are an open avenue for residents to discuss matters of importance to them. For this, the non-Council related matters raised at the Forum remain unresolved or experience a lengthy time to achieve an outcome;
· Customer service topics – The Forums are not intended to manage everyday customer service matters (i.e, maintenance and illegal dumping), which can be resolved by contacting Council’s Customer Service as the matter arises. However, they continue to be dominant at most Forums, and at times repetitive in nature;
· Responding to issues – matters for discussion are submitted late and may lack adequate background information. At times, this can be challenging for staff to anticipate the context and respond to resident queries during the forum, resulting in community dissatisfaction with Council responses;
· Localised and household matters – Localised and household matters continue to be raised at meetings. Such matters are more appropriate to be discussed separately with the resident or the households impacted; and
· The attendance diversity and numbers – The attendance diversity and numbers at the Forums are mostly unchanged. This is not fully representative of issues and broader interest groups in the community.
Opportunities
· Flexibility of the forums – The forums require a flexible approach in the structure of both face-to-face and online sessions. The community, Councillors and staff participation before and during COVID-19 has changed. A hybrid model should be considered to maximise participation and provide convenient and accessible options for all;
· General Business/ Q&A session – Provide a cut off period for submission of agenda items, being two weeks prior to the Forums. This will allow staff to prepare adequate responses in time for compiling of paperwork or to investigate unclear queries;
· Utilise the Forums as a platform to engage for meaningful information and consultation and increase of Council departmental representation at Forums for direct engagement. Council’s Executive Management Team (EMT) and Managers to proactively utilise the Forums to inform, consult and advise community on strategic plans, operational services and community consultation activities;
· Hold dedicated forums on district level issues – Dedicate at least one Forum per district annually to address and respond to district level issues, to encourage open communication between Council, other government agencies and residents, rather than town-hall style meetings;
· Improved promotion of the Forums to increase diversity and number of attendees that are representative of broad range of issues in the community and to achieve effective engagement and diversity at Forums. A suggested method included an automated link being distributed to residents for online attendance; and
· Adjust the frequency and structure of the forums to better suit significant priority projects and initiatives.
BUDGET
The operational cost of the Forums at their face-to-face format are approximately $10,000. This budget is allocated to cover the cost of catering, security, first aid and equipment hire expenditures (for major forums). The operational expenditure of the Forums in 2020 was $740 as they were delivered online, except for two sessions. This amount does not include staffing resources.
As the Forums are held outside Council’s operational hours (after hours), the major operational cost is overtime cost for convening staff and Time-in-Lieu (TIL) for attending staff. In 2019, the TIL accrued by staff attending meetings was estimated to be 5776 hours, and 7980 hours in 2020. A high-level costing estimate for an average Forum attended by 15-20 residents is approximately $1,500-$2,000.
RECOMMENDED CHANGES
In order to improve the effectiveness of the Forums and to address the challenges identified, this report recommends a redesign of the Forums structure, frequency and delivery model as follows:
· Themed/topical issues forum – host one forum per district annually on themed or topical issues relevant to the district. This forum will have high level resource and preparation for high level attendance, will engage other government agencies and will be responding to critical and district level issues concerning communities. Examples of such forums in the past include Aerotropolis Planning in 2019, Middletown Grange Town Centre Planning Proposal in 2019, Edmondson Park Information Session in 2018 and Moorebank Planning in 2020. Agenda for these forums are driven by Executive Management Team in consultation with Councillors.
· General forums – host two-three forums each district per annum. These forums will require lower level preparation and resources, potentially have lower attendance, and serves as a continuous platform for residents to discuss local issues and for Council to share information and to consult. Agendas for these forums are driven jointly by departments, Councillors and residents.
· Hybrid delivery model – a combination of an online and face-to-face delivery model for convenient and long-term cost-effective outcomes, providing flexibility, accessibility and greater participation and engagement from residents, Council staff and Councillors.
Council’s Information Technology team has investigated appropriate technological resources to ensure seamless and efficient delivery of the District Forums in a hybrid model. A one-off cost of purchasing the required technology is estimated to be $13,860 (incl. GST). This cost includes the purchase and maintenance of equipment, as well as training of relevant staff in its use.
CONCLUSION
Overall, this evaluation identified that the Forums continue to provide an important avenue for community to engage with Council. This report provides statistical data on the operation of the Forums; and in consultation with various Council departments, EMT and chairing Councillors highlights current challenges and discusses opportunities for improvement to maximise effectiveness, efficiency and outcomes for community and Council. The report presents a number of changes to the current structure, frequency and delivery method of the Forums for Council’s consideration.
CONSIDERATIONS
Economic |
The cost of the required technology to effectively facilitate District Forums in a hybrid model of delivery is estimated to be $13,860 (incl. GST). This cost includes the purchase and maintenance of equipment, as well as training of relevant staff in its use. |
Environment |
There are no environmental and sustainability considerations. |
Social |
Raise awareness in the community about the available services and facilities. |
Civic Leadership |
Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision- making processes. |
Legislative |
There are no legislative considerations relating to this report. |
Risk |
The risk is considered within the Council’s risk appetite and is deemed to be low. |
0
Ordinary Meeting
23 February 2022
Corporate Services Report
CORP 01 |
Biannual Progress Report - December 2021 |
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
File Ref |
022693.2022 |
Report By |
Hiba Soueid - Manager Corporate Strategy and Performance |
Approved By |
Paul Perrett - Director Corporate Services |
Executive Summary
The Biannual Progress Report provides an overview of Council’s performance against the Principal Activities in the Delivery Program and Operational Plan that were scheduled for the July to December 2021 period.
This is the first progress report for 2021-2022 and has been prepared in accordance with the Office of Local Government Integrated Planning and Reporting Guidelines and Section 404 (5) of the Local Government Act (1993).
By the end of December 2021, 76 of the 93 Principal Activities in the Delivery Program were reported as on track, fifteen were affected by Covid-19 and two needed attention. An overview of all Principal Activities in the Delivery Program and Operational Plan have been included in the attached report.
That Council notes and receives the Biannual Progress Report which outlines the progress of Principal Activities detailed in the Delivery Program 2017-2022 and Operational Plan 2021-2022.
REPORT
On 26 April 2017, Council adopted the Community Strategic Plan, Our Home, Liverpool 2027. Our Home, Liverpool 2027 outlines the community’s vision and priorities for Liverpool. The Plan was developed after extensive engagement with the community and contains four directions for the future of Liverpool. These directions are underpinned by the quadruple bottom line and guide Council’s operations and service delivery for the next ten years.
Council’s Delivery Program 2017-2022 and Operational Plan and Budget 2021-2022 outline Council’s commitment to the community. The combined document details 93 Principal Activities that Council has committed to delivering.
Section 404 (5) of the Local Government Act (1993) requires the Chief Executive Officer (CEO) to ensure that a progress report is provided to Council at least every six months. It should include information and updates on the Principal Activities that have been detailed in the four-year Delivery Program. This allows Council and the public to monitor progress.
Council continued to deliver initiatives to support the economic growth of Liverpool including the implementation of a two-year CBD Open for Business plan to assist the city centre in post Covid-19 recovery. Additional initiatives included the Christmas in the Mall event from December to January which featured a lighting installation activation and a focus on the evening and night-time economy. Council delivered major infrastructure works including the $1.6 million development of Stante Reserve, Middleton Grange which includes a new water play facility, children’s playground, car park and lighting.
The attached report provides detailed information on each of the 93 Principal Activities detailed in the Delivery Program 2017-2022.
By the end of December 2021, 76 of the 93 Principal Activities in the Delivery Program were reported as on track, fifteen were affected by Covid-19 and two needed attention.
CONSIDERATIONS
Governance |
The Delivery Program and Operational Plan sets the direction for Council’s strategic agenda, including all economic, environmental, social and civic leadership requirements. |
Legislation |
The Delivery Program and Operational Plan have been developed in line with the Local Government Act 1993. In particular Section 404 (5) of the Local Government Act states: “The general manager must ensure that regular progress reports are provided to the council reporting as to its progress with respect to the principal activities detailed in its delivery program. Progress reports must be provided at least every 6 months.” |
Risk |
The risk is deemed to be High. Failure to provide regular progress reports to the council with respect to the principal activities detailed in its delivery program at least every 6 months may result in non-compliance with the above legislation and may result in enforceable action by the Office of Local Government, Planning Policy. |
ATTACHMENTS
1. Biannual Progress Report - July to December 2021 (Under separate cover)
0
Ordinary Meeting
23 February 2022
Corporate Services Report
CORP 02 |
Budget Review - December 2021 |
Strategic Direction |
Generating Opportunity Meet the challenges of Liverpool’s growing population |
File Ref |
046437.2022 |
Report By |
Earl Paradeza - Senior Management Accountant |
Approved By |
Vishwa Nadan - Chief Financial Officer Paul Perrett – Director Corporate Services |
Executive Summary
Operating budget
The table below provides a summary of Council’s original 2021/22 operating budget, the revised operating budget as at 30 September 2021 (Q1), and the new revised operating budget as at 31 December 2021 (Q2).
|
Original budget ($m) |
Q1 (Sep 21) revised budget ($m) |
Q2 (Dec 21) revised budget ($m) |
Q1 – Q2 favourable / (unfavourable) movement ($m) |
Rates |
149.4 |
149.5 |
150.5 |
1.0 |
Other operating revenue |
58.6 |
56.9 |
57.3 |
0.4 |
Capital grants and contributions |
97.6 |
104.7 |
100.9 |
(3.8) |
Expenditure |
(219.5) |
(220.9) |
(221.9) |
(1.0) |
Net operating result |
86.1 |
90.2 |
86.8 |
(3.4) |
|
|
|
|
|
Less capital grants and contributions |
(97.6) |
(104.7) |
(100.9) |
3.8 |
Net result |
(11.6) |
(14.5) |
(14.1) |
0.4 |
Council resolved to receive a report as part of the first quarter budget review to identify strategies to reduce the deficit and bring Council back to a balanced budget. However, the Covid-19 lockdown and restrictions imposed since the beginning of the first quarter were not anticipated. This has impacted the identification of cost saving strategies due to Council’s changing priorities and resolutions to support ratepayers during this time.
The review of Council’s budget as at 31 December 2021 identified further adjustments, and if approved, will result in a $14.1 million net operating deficit before capital grants and contributions for 2021/22 (Refer attachments 1 and 2 – Note D). The slightly improved result is primarily driven by:
· increased revenue from rates ($1.0m)
· increased user charges ($1.6m)
· increased operating grants ($0.4m)
partially offset by:
· reduced income from treasury investments ($1.4m)
· increased costs associated with tipping and waste ($0.7m)
· increased legal costs ($0.4m).
Capital budget
The table below provides a summary of Council’s original 2021/22 capital budget, the revised capital budget as at 30 September 2021 (Q1), and the new revised capital budget as at 31 December 2021 (Q2).
|
Original budget ($m) |
Q1 (Sep 21) revised budget ($m) |
Q2 (Dec 21) revised budget ($m) |
Q1 – Q2 increase / (decrease) ($m) |
Infrastructure and environment |
59.4 |
78.0 |
73.7 |
(4.3) |
Economy and Commercial Development |
162.7 |
163.8 |
163.8 |
- |
Other |
34.0 |
41.3 |
42.2 |
0.9 |
Capital expenditure |
256.1 |
283.1 |
279.7 |
(3.4) |
The increase in Q1 was primarily due to revotes. The current Q2 review has resulted in a $3.4 million overall decrease to $279.7 million (Refer attachment 3 – Note E). The Q2 reduction in capital expenditure is primarily due to the deferral of $3.0 million on the GMD and Hume Highway Intersection Upgrade Project resulting from delays in land acquisition, final design and approvals.
Unrestricted cash
On 1 July 2021, Council had an unrestricted cash balance of $24.0 million. This is projected to be $28.4 million by 30 June 2022 (Refer attachment 6).
Key financial indicators (refer attachment 7)
The table below provides a summary of Council’s key financial indicators.
KPI |
Indicator |
Comment |
Operating performance ratio |
|
No material change. Requires Council to achieve a balanced budget before capital grants and contributions |
Own source operating ratio |
|
Council’s 57.2% is close to the benchmark of 60% |
Debt service ratio |
|
|
That Council approves the identified budget variations in accordance with this report.
REPORT
Legislative requirements
Clause 203(1) of the Local Government (General) Regulation 2005 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. This report provides an overview of the results on the financial review for the quarter ended 31 December 2021 (Q2).
Operating budget
For the quarter ending 30 September 2021 (Q1), Council approved adjustments through resolutions and the budget review process, resulting in a revised revenue target of $311.1 million and expenditure of $220.9 million. This translated to a revised net operating deficit before capital grants and contributions of $14.4 million.
A comprehensive budget review conducted for the quarter ending 31 December 2021 has resulted in further budget adjustments as detailed in Attachment 2. As part of the budget review, managers have conducted a review of their programs with a view to providing a revised forecast for the financial year ending 30 June 2022. Managers take into consideration events that have occurred to date and/or information that has become available since the adoption of the original budget and the impact of which provides the basis for the budget adjustments.
The review has resulted in a net $2.4 million (Refer attachment 1 – Note A) decrease in total revenue mainly attributable to the following:
Decreases:
· $3.0 million capital grant for an intersection upgrade on Governor Macquarie Drive and Hume Highway as it awaits land acquisition, final design and approvals
· $2.2 million unsuccessful capital grants on various cycleway projects
· $1.4 million recognition of decrease in market value of investments
· $0.9 million loss of income due to Covid-19 lockdown and restrictions
· $0.6 million funding adjustment to reflect Local Roads and Community Infrastructure (LRCI) phase one grant received from last financial year
· $0.2 million funding adjustment on the Fifteenth Avenue Smart Transit (FAST) project taken over by Department of Planning, Industry and Environment (DPIE)
Increases:
· $2.2 million recognition of prior years’ revenue based on determination of development applications
· $1.0 million additional rates revenue based on actual rates levied for the year
· $0.8 new grants received under the LRCI phase three program
· $0.6 million increased works-in-kind undertaken by the developer for road works and land under roads
· $0.5 million grant received from DPIE for The Festival of Place – Open Streets project
· $0.3 million grant received from NSW Office of Sports towards Bigge Park Tennis Complex Revitalisation project
· $0.3 million grant received under the Coastal and Estuary Program
· $0.2 million grant funding under the Western Sydney Infrastructure Plan round four
Total expenditure is projected to increase by net $1.0m (Refer attachment 1 – Note B), mainly comprising:
Increases:
· $0.8 million additional tipping fees due to tonnage increase in household rubbish collection
· $0.8 million additional funds required for pavement repairs on various roads and emergency road patching works to be carried out until the end of the financial year
· $0.5 million The Festival of Place – Open Streets project towards night-time activation and promotional events funded from grant
· $0.4 million additional legal costs for compliance matters
· $0.4 million additional funds to continue with required services to newly added parks and reserves and to maintain utmost standard
· $0.3 million additional overtime to deliver required services, undertake after hours work, and attend emergency callout works due to Covid-19 restrictions
· $0.3 million funds required to reduce backlog of concrete footpath, kerb and gutter maintenance works due to Covid-19 restrictions
· $0.1 million funding required for new sites added to regular maintenance of creeks and waterways
· $0.1 million funding for mandatory dam safety review of seven prescribed dams across the Local Government Area that have reached 15 years of age as per the new regulation of Dam Safety NSW
Decrease:
· $2.5m estimated salary savings based on year-to-date results
The proposed budget changes will revise the forecasted operating deficit before capital grants and contributions to $14.1 million (Refer attachment 1 – Note D).
Capital budget
In June 2021, Council approved its $256.1 million capital works program for 2021/22. Council subsequently approved carry over of projects valued at $19.1 million that were planned but not completed in 2020/21.
In the Q1 budget review, the capital expenditure program was increased by a further $7.9 million.
The Q2 budget review has resulted in a $3.5 million decrease to Council’s capital expenditure program (Refer attachment 1 – Note E). The budget adjustments include the following:
Decreases:
· $3.0 million deferment of intersection upgrade on Governor Macquarie Drive and Hume Highway as it awaits land acquisition, final design and authority approvals
· $2.2 million unsuccessful grants on various cycleway projects
· $0.2 million FAST project taken over by DPIE
Increases:
· $0.6 million developer’s claim for works-in-kind submitted earlier than anticipated
· $0.3 million sports and recreation facilities improvements, including roofing upgrades, accessible toilet and changeroom refurbishments to Hoxton Park Reserve, Scott Memorial Park and Whitlam Park
· $0.3 million access upgrades in accordance with the Accessibility Audit Report. Building access improvements for community centres at Bringelly, Voyager Point, Heckenberg, Frank Oliveri and the Liverpool Neighbourhood Centre
· $0.3 million construction works for the Bigge Park Tennis Complex Revitalisation funded from grant
· $0.3 million budget towards erosion protection works at two stormwater outlets with associated riparian vegetation treatment
At 31 December 2021, Council has a capital expenditure program of $279.6 million as detailed in Attachment 3.
The year-to-date capital expenditure to 31 December 2021 was $37.4 million.
The Table below provides a summary of the budget results:
Details of the proposed budget changes are provided in the attachments.
Attachment 1 – Summary Financial Results (Consolidated) – Q2 Budget Review Summary (QBRS): This report presents a summary of Council's budgeted financial position at end of the quarter.
Attachment 2 – Operating Budget Adjustments: This report provides details of operating budget adjustments
Attachment 3 – Capital Budget Adjustments: This report provides details of capital budget adjustments
Attachment 4 & 5 – Grants Status Reports: Has two components, first listing all annual grant submissions and second, listing all grants that have been applied for during the quarter detailing the project title, amount sought, funding body and status of the application. Council officers are continually seeking alternate sources of funding as opportunities arise.
Attachment 6 – Forecast Cash and Investments: Providing a reconciliation of restricted and unrestricted funds held as at 31 December 2021.
Attachment 7 – Key Performance Indicators
Attachment 8 - Consultancy and Legal Expenses
Attachment 9 – Contracts: Contracts entered into during the quarter
Attachment 10 - City Development Fund and Environment Levy
This Report recommends that Council receives and notes the report and votes the budget variations in accordance with this report.
CONSIDERATIONS
Economic |
The revised budget net operating result before Grants and Contributions following Quarter 2 Budget Review and Council resolutions to 31 December 2021 will be a deficit of $14.1 million. |
Environment |
There are no environmental and sustainability considerations. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
Legislative |
Clause 203(1) of the Local Government (General) Regulation 2005 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. Breach of legislation if not done. |
Risk |
The risk is deemed to be low. The risk is considered within Council’s risk appetite. |
ATTACHMENTS
1. QBRS - Consolidated Financial Results
2. Operating Budget Adjustments
4. Grant Status Reports - Applications
5. Grant Status Report - Received
CORP 02 |
Budget Review - December 2021 |
Attachment 8 |
Consultancy & Legal Expenses Budget Review Statement |
0
Ordinary Meeting
23 February 2022
Corporate Services Report
CORP 03 |
2022 National General Assembly of Local Government |
Strategic Direction |
Generating Opportunity Meet the challenges of Liverpool’s growing population |
File Ref |
032472.2022 |
Report By |
George Georgakis - Manager Council and Executive Services |
Approved By |
Paul Perrett - Director Corporate Services |
Executive Summary
The 2022 National General Assembly of Local Government (NGA) will be held from Sunday 19 June to Wednesday 22 June 2022 and will be a hybrid event. The report seeks a resolution from Council to select the Councillors to attend (either virtually or in person in Canberra) and for Council to endorse any motions it may wish to submit.
That:
1. Any Councillor who wishes to attend the 2022 National General Assembly of Local Government (either virtually or in person) notify the Councillor Support Officer by 2 March 2022; and
2. The Council determines whether to submit any motions for debate at the National General Assembly.
REPORT
The National General Assembly of Local Government (NGA) is a key event on the local government calendar. It is convened by the Australian Local Government Association (ALGA) for local Councils across Australia.
The NGA provides a platform for Local Government to address national issues and advocate to the federal government on critical issues facing the sector.
As the national voice of local government, the ALGA advocates on behalf of Australia’s 537 Councils for funding and policy outcomes that support local governments to deliver better results for their communities.
The 2022 NGA will be held from Sunday 19 June to Wednesday 22 June and will be a hybrid event. Registrations are now open for both on-site and virtual attendees. The NGA will be held in Canberra for those attending in person.
The program is being finalised and will be provided to Councillors upon receipt.
Council is entitled to one vote at the NGA, but is not limited to the number of Councillors who can attend. The Mayor is Council’s voting delegate.
The ALGA is calling for motions for the 2022 NGA under the theme of “Partners in Progress”, focusing on how partnerships, particularly between the Australian Federal Government and local governments, can tackle the immediate challenges facing communities and help the industry prepare for the future.
The ALGA is calling for motions for the NGA on any strategic issues of national importance.
The ALGA has prepared the Discussion Paper (attached to this report) which covers some of the critical national policy areas that the sector needs to consider now and into the future and will help with the preparation of any motions.
Motions can address one or more of the issues identified in the discussion paper.
To be eligible for inclusion in the NGA Business Papers, and subsequent debate on the floor of the NGA, motions must meet the following criteria:
1. Be relevant to the work of local government nationally.
2. Be consistent with the themes of the NGA.
3. Complement or build on the policy objectives of your state and territory local government association.
4. Be from a Council which is a financial member of their state or territory local government association.
5. Propose a clear action and outcome.
6. Not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.
All motions require a clear national objective, a summary of the key arguments in support of the motion, and endorsement of council. Motions should be lodged online at alga.asn.au no later than 11:59pm on Friday 25 March 2022.
Should Council wish to submit any motions, they would need to be endorsed at the 23 February 2022 Council meeting to meet the above deadline.
The ALGA’s 2022 Federal Election Priorities document (referred to in the ALGA correspondence) is also attached to this report for the information of Councillors.
CONSIDERATIONS
Economic |
The following costs will be incurred per delegate: Registration: $989 per person (or $689 for virtual delegates). Accommodation: Approximately $345 per night (for delegates attending in person). Meals: Total of $325 for the conference dinners on 20 and 21 June (for delegates attending in person). Travel: Via Council vehicle (or reimbursed mileage allowance if using private vehicle) for delegates attending in person. |
Environment |
Raise community awareness and support action in relation to environmental issues. Promote an integrated and user-friendly public transport service. Support the delivery of a range of transport options. |
Social |
Raise awareness in the community about the available services and facilities. |
Civic Leadership |
Act as an environmental leader in the community. Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision-making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services. |
Legislative |
There are no legislative considerations relating to this report. |
Risk |
The risk is deemed to be low and is considered within Council’s risk appetite. |
ATTACHMENTS
2. Call for Motions Discussion Paper
3. ALGA's 2022 Federal Election Priorities
CORP 03 |
2022 National General Assembly of Local Government |
Attachment 2 |
Call for Motions Discussion Paper |
0 |
|
CORP 03 |
2022 National General Assembly of Local Government |
Attachment 3 |
ALGA's 2022 Federal Election Priorities |
Ordinary Meeting
23 February 2022
Corporate Services Report
CORP 04 |
Investment Report January 2022 |
Strategic Direction |
Leading through Collaboration Seek efficient and innovative methods to manage our resources |
File Ref |
033701.2022 |
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 as at 31 January 2022. Key highlights include:
· Council held investments with a market value of $445 million.
· The Reserve Bank of Australia (RBA) has maintained the official cash rate at 0.10 per cent. Economic forecasts suggest that the official cash rate may increase to 2.0 per cent by mid-2024[1].
· Continued low rates in the money markets will depress future earnings for Council. As existing Floating Rate Notes (FRNs) and Term Deposits (TDs) mature, they will be reinvested at lower prevailing interest rates.
· The portfolio yield was 95 basis points above the benchmark (AusBond Bank Bill Index)
|
AusBond Bank Bill Index (ABBI) |
Benchmark |
0.03% |
Portfolio yield |
0.98% |
Performance above benchmark |
0.95% |
· Year-to-date, Council’s investment income was $1.9 million lower than the original budget. This is primarily due to $1.6 million for unrealised decline in fair value of FRNs due to unfavourable market movements since July 2021.
· To date, Council’s investment in mortgage-backed securities (MBSs) are valued at $524 thousand below face value. Council’s investment advisor (Amicus Advisory) continues to review Council’s investment in MBSs and recommends Council continue to hold its investments in the Class A and both Class C securities. There is significant uncertainty associated with these investments, however presently the investment advisors believe there is, on balance, more upside opportunity than downside risk. This is subject to ongoing regular review. MBSs are no longer 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, noting the exception applicable to MBSs (as investment in them pre-dates the current Investment Policy).
· Council is committed to NSW TCorp’s balanced investment framework and held 24.26 per cent of its portfolio in ADIs rated BBB and below.
That Council receives and notes this 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
As at 31 January 2022, Council held investments with a market value of $445 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 |
Jan-22 |
Jun-21 |
Senior debts (FRNs ,FRBs and TCDs)* |
100.55% |
101.27% |
MBSs (mortgage-backed securities) |
79.31% |
71.06% |
T-Corp unit trusts |
103.16% |
103.17% |
*Definition of terms
· FRN - Floating Rate Note - returns an aggregate of a fixed margin and a variable benchmark (usually the Bank Bill Swap Rate).
· FRB - Fixed Rate Bond – returns a fixed coupon (interest) rate and is tradeable before maturity.
· TCD - Transferrable Certificate of Deposit - 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-day Bank Bill Swap Rate).
The economic environment globally, including Australia, suffered significantly from the start of the Covid-19 pandemic in March 2020. The market value of Council’s investment in FRNs has since improved. Council has sufficient funds in its current account and has no plans at this stage to sell off any of its FRNs to meet its short-term cashflow requirements.
Council is fully compliant with the requirements of the Ministerial Investment Order including the grandfathering[2] provisions. 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 24.26 per cent of its portfolio in ADIs 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 There is significant uncertainty associated with these investments, however presently the investment advisors believe there is, on balance, more upside opportunity than downside risk. Notwithstanding this recommendation, Amicus has assessed that both Class C securities are likely to eventually default. However, Council will continue to receive interest up until default which is likely to be many years in the future. 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 as non-rated. To date, Council’s investment in mortgage-backed securities (MBSs) are valued at $524 thousand below face value.
Portfolio maturity profile
The table below shows the percentage of funds invested at different durations to maturity.
Counterparty policy limit compliance
Credit rating policy limit compliance
Portfolio performance against relevant market benchmark
Council’s Investment Policy prescribes the AusBond Bank Bill Index (ABBI) as a benchmark to measure return on cash and fixed interest securities. The ABBI represents the average daily yield of a parcel of bank bills. Historically there has been a positive correlation between changes in the cash rate and the resulting impact on the ABBI benchmark.
The portfolio yield to 31 January 2022 exceeded the AusBond Bank Bill index by 95 basis points (portfolio yield: 0.98%; ABBI: 0.03%)
Council portfolio continues to perform at above benchmark rates despite ongoing margin contraction and significantly lower market yields on term deposits. Comparative yields for the previous months are charted below:
Performance of portfolio returns against budget
Year-to-date, Council’s investment income was $1.9 million lower than the original budget. This is primarily due to $1.6 million for unrealised decline in fair value of FRNs due to unfavorable market movements since July 2021.
|
YTD Budget |
YTD Actuals |
Budget Variance |
Interest yield on cash holdings |
$1.9m |
$1.6m |
($0.3m) |
Fair value market movement |
$0.5m |
($1.1m) |
($1.6m) |
Total |
$2.4m |
$0.5m |
($1.9m) |
Investment portfolio at a glance
Portfolio Performance |
|
The portfolio yield to 31 January 2022 exceeded the AusBond Bank Bill index by 95 basis points (portfolio yield: 0.98%; ABBI: 0.03%). |
Annual Income vs. Budget |
|
Council’s investment income was $1.9 million lower than the original budget as at 31 January 2022. |
Investment policy compliance
Legislative requirements |
|
Fully compliant, noting exception applicable to grandfathered mortgaged-backed investments. |
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 of Australia has left the official cash rate on hold at 0.10 per cent in its meeting on 1 February 2022. The current 0.10 per cent cash rate is at an historically low level and impacts returns on investment. Economic forecasts suggest that the official cash rate may increase to 2.0 per cent by mid-2024[3].
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 income was $1.9 million lower than the original budget as at 31 January 2022. |
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
Ordinary Meeting
23 February 2022
Infrastructure & Environment Report
INF 01 |
Georges River Revitalisation Committee |
Strategic Direction |
Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape |
File Ref |
030581.2022 |
Report By |
Raj Autar - Director Infrastructure & Environment |
Approved By |
Raj Autar - Director Infrastructure & Environment |
Executive Summary
Council, at its meeting held on 2 February 2022, considered the following Notice of Motion for the establishment of a Georges River Revitalisation Committee, and resolved:
That Council:
1. Establish a Georges River rejuvenation committee, that meets bimonthly and reports to Council.
2. Create a charter based on similar Council committees with the following points of reference:
a. Maximising access for all residents of and visitors to Liverpool access to the river for recreation, transport and leisure
b. To investigate and advise the appropriate urban and ecological regeneration of the river
c. Advise on a holistic, deliverable vision and plan for the river – for the short, medium and long term
3. Work constructively with all relevant stakeholders to achieve this vision.
4. Appoint all Councillors as members of the committee.
5. Charter to be presented to the Council at the next Council meeting.
6. Call for EOI as soon as possible after the adoption of the Charter for community members and stakeholders.
This report presents the draft charter for the new committee as per the above resolution.
That Council:
1. Determines the composition and numbers of representatives for other members of the Georges River Revitalisation Committee including community and industry representatives.
2. Adopts the charter for the establishment of a Georges River Revitalisation Committee.
REPORT
Background
The Georges River is one of the major river systems in the Sydney Basin and is a significant natural asset for the Liverpool community. The Georges River and associated parklands are key assets and destinations in Liverpool, which plays a major role in supporting the urban renewal and revitalisation of the City Centre and adjoining lands.
However, there is an extensive range of issues that currently affect the management and utilisation of the river and have hampered the recreational use and enjoyment of the river and adjoining parklands to its full potential. To address the identified constraints and transform areas of the Georges River and associated parklands into vibrant and active public spaces, Council launched the River Connections Program. This flagship Program has involved the planning and delivering of a package of high value projects along the Georges River corridor to leverage the available opportunities to create public spaces of high quality and character along the river. The identified program of projects under the River Connections banner aim to:
· improve the connection of the City Centre to the river;
· improve the presentation and arrival experience of the City Centre from Newbridge Road; and
· improve the function and aesthetics of the riverfront parklands, reflecting the values and attributes which make it unique to and befitting as a major City Centre.
To bring focus to the River Connections program, Council, at its meeting held on 2 February 2022, resolved to establish a Georges River Revitalisation Committee. It is considered that this Committee will work collaboratively with relevant stakeholders to, over time, achieve Council’s goal of transforming areas of the Georges River and associated parklands into vibrant and active public spaces.
Committee Scope
The Georges River Revitalisation Committee will work collaboratively with relevant stakeholders to, over time, achieve Council’s goal of transforming areas of the Georges River and associated parklands into vibrant and active public spaces. This is expected to be achieved by:
· formulating and articulating a clear vision for Georges River and its surrounds; and
· providing input in the development of programs and projects that balances the development, recreational use and environmental outcomes of the area surrounding the Georges River.
Membership
It is recommended that the membership of Georges River Revitalisation Committee include community representatives as well as representatives from relevant industries such as the Georges River Keeper, Sydney Water and other relevant state agencies.
Conclusion
The attached draft Charter for the Committee outlines the purposes, objectives and functions of the Georges River Revitalisation Committee, and seeks its endorsement. This report also requests that Council determines the full make-up of the Committee with regards to community and industry representation. Industry representation would include persons with professional background in environmental, water or river management sectors.
CONSIDERATIONS
Economic |
Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Facilitate the development of new tourism based on local attractions, culture and creative industries. |
Environment |
Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues. |
Social |
Raise awareness in the community about the available services and facilities. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Deliver high quality services for children and their families. |
Civic Leadership |
Act as an environmental leader in the community. Foster neighbourhood pride and a sense of responsibility. Deliver services that are customer focused. Actively advocate for federal and state government support, funding and services. |
Legislative |
The management of all rivers is governed by various regulations, which would be important considerations in the planning for the in-river activation works. |
Risk |
The purpose of the Georges River Revitalisation Committee includes the identification and mitigation of risks associated with the management of Georges River and its associated parklands. |
ATTACHMENTS
0 |
|
INF 01 |
Georges River Revitalisation Committee |
Attachment 1 |
Draft Georges River Revitalisation Committee Charter |
Ordinary Meeting
23 February 2022
Infrastructure & Environment Report
INF 02 |
Local Roads and Community Infrastructure Program |
Strategic Direction |
Leading through Collaboration Seek efficient and innovative methods to manage our resources |
File Ref |
033781.2022 |
Report By |
Keith Cowley - Acting Manager Infrastructure Delivery |
Approved By |
Raj Autar - Director Infrastructure & Environment |
Executive Summary
In 2020, the Australian Government provided $1.5 billion towards a new Local Roads and Community Infrastructure Program (LRCI Program). The LRCI Program supports local councils to deliver priority local road and community infrastructure projects across Australia, supporting jobs and the resilience of local economies to help communities bounce back from the COVID-19 pandemic.
Liverpool Council has so far received a total of $8.3 million under this Program, which has been allocated as follows:
1. Phase 1 $1.4M - Schoeffel Park upgrade works in Horningsea Park. The works include the provision of playgrounds, gyms, a pump bike track, amenities, associated parking and landscaping. These works are underway and anticipated to be completed by April 2022.
2. Phase 2 $6.9M - a total of 15 infrastructure renewal projects that have been brought forward from Council’s long term priority program of works. These include a range of reconstruction and upgrade works to roads and buildings to improve condition and serviceability. These works are at various stages of the design and construction processes and are on track for delivery by 30 June 2022, as per the funding requirements.
In May 2021, as part of the 2021-22 Budget, the Australian Government announced a further $1 billion towards Phase 3 of the LRCI Program. Liverpool Council will receive a total of $2,861,432 to continue delivering these community projects. Based on the funding guidelines, eligible projects must be undertaken between 1 January 2022 and 30 June 2023.
This report is accordingly seeking Council approval of the projects nominated for funding under Phase 3 of the LRCI Program, which will be delivered over the 2021/22 and 2022/23 Program Years. The proposed projects for inclusion in Phase 3 of the LRCI Program are shown in Section 2 of this Report.
That Council approves the projects listed in this report to be included for funding under the Local Roads and Community Infrastructure Program, and be included in Council’s 2021/22 and 2022/23 Capital Works Program.
REPORT
1. LRCI Program
The LRCI Program is part of Government’s response to the COVID-19 pandemic to assist local governments deliver road and community infrastructure projects, as well as to create local job opportunities. The objective of the LRCI Program is to stimulate additional infrastructure construction activity in local communities across Australia to assist communities to manage the economic impacts of COVID-19.
The intended outcomes of the LRCI Program are to:
· provide stimulus to protect and create local short-term employment opportunities through funded projects following the impacts of the COVID-19; and
· deliver benefits to communities, such as improved road safety, accessibility and visual amenity.
Council has received a total of $8.3 million under this Program, which has already been allocated to a range of projects across the LGA. Council will receive a further $2,861,432 under Phase 3 of the LRCI Program subject to Council approval of the projects in this report.
2. Program requirements and proposed projects for LRCI Phase 3
Based on the Guidelines, eligible projects must be in addition to Council’s existing Capital Works Program and must be completed by June 2023. In view of the stipulated timeframes for the expenditure of these grants, it is proposed to bring forward projects from Council’s existing priority program of works. A list of proposed projects is shown below. The projects identified for funding are generally renewal type projects that do not require the more time-consuming front-end project planning and approval processes. These include:
· Reconstruction and resurfacing of road pavements;
· Repairs to Council’s community facilities to ensure ongoing serviceability;
· Provision of key footpath missing links to improve accessibility and connectivity;
· Provision of additional bus shelters; and
· Access improvements at Council’s community facilities.
These works will have a measurable impact on improving the condition of Council’s community infrastructure. With regards to economic impacts, the NSW Treasury Employment Calculator indicates that generally between 5 and 10 jobs are supported for every $1M spent on construction. While at this stage it is difficult to estimate the number of jobs created or supported as a result of Liverpool’s allocation of the Program funding, the relevant jobs related data will be collected during the course of the Program and reported via quarterly status reports as per the Program Guidelines.
The proposed projects for inclusion in the LRCI Program are shown in the table below. It is to be noted that to ensure early commencement of necessary planning activities, Council, as part of the First Quarter Budget Review, has endorsed the first three projects in the table below.
Project Description |
2021/22 |
2022/23 |
1. Dalmeny Drive (Ash Road to Balgownie Road), Prestons - road rehabilitation works |
$500,000 |
|
2. Feodore Drive (Tudor Crescent to Clementina Circuit), Cecil Hills - road rehabilitation works |
$500,000 |
|
3. Paramor Reserve, Green Valley - bicycle and walking path |
$120,000 |
|
4. Pye Hill Reserve - playground and landscaping improvements |
|
$1,100,000 |
5. Ash Road Sports Ground - playground installation |
$100,000 |
|
6. Building Access Improvements - access upgrades across various sites in accordance with Accessibility Audit Report |
|
$270,432 |
7. Sports & Recreation Facilities Improvements - roofing upgrades and toilet/changeroom refurbishments at three sites |
|
$271,000 |
Sub Totals |
$1,220,000 |
$1,641,432 |
TOTAL $2,861,432 |
3. Proposed delivery strategy
It is proposed to phase the identified projects over the next 18 months to allow commencement of project planning and procurement in early 2022 followed by onsite construction activities during the latter part of the year. Council’s existing panel contracts will be used where possible and short-term contract labour will be secured for project administration support. The latter part of the proposed program will be incorporated in the 2022/23 Operational Plan.
4. Impacts on the current capital works program
The value of Council’s current program of infrastructure capital works is $77 million. The proposed LRCI Program phasing and resourcing will allow Council to meet the LRCI Program obligations without any significant impact on the current program of capital works.
5. Conclusion and recommendation
The LRCI Program offers Council the opportunity to accelerate various areas of its infrastructure management program to not only improve the standards of its infrastructure, but also to create and preserve jobs by driving downstream demand for labour, materials and resources. Council approval of the proposed list of additional projects will enable timely planning and procurement activities to be undertaken to ensure completion of the LRCI Program by June 2023.
CONSIDERATIONS
Economic |
Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues. Deliver high-quality social infrastructure to meet the needs of the community. |
Environment |
Consideration to ensure sustainability in design and construction of civil and social infrastructure. Raise community awareness and support action in relation to environmental concerns. |
Social |
Provide suitable infrastructure to meet the communities social and recreational needs. |
Civic Leadership |
Provide information about Council’s services, roles and decision-making processes. Actively advocate for federal and state government support, funding and services. |
Legislative |
There are no legislative considerations relating to this report. |
Risk |
There is no risk associated with this report. |
0
Ordinary Meeting
23 February 2022
Economy & Commercial Development Report
ECD 01 |
Reclassification of Augusta Cullen Plaza to Community Land |
Strategic Direction |
Creating Connection Provide community facilities which are accessible to all |
File Ref |
353884.2021 |
Report By |
Neeraj Kumar - Project Manager – Building Construction |
Approved By |
John F Morgan - Director Economy & Commercial Development |
Executive Summary
Augusta Cullen Plaza is currently classified Operational land. The proposal is to reclassify Augusta Cullen Plaza as Community land, to ensure the open space component, which is now an integral part of Liverpool Civic Place, is maintained.
That Council:
1. Proceed with the reclassification of Augusta Cullen Plaza, except for the School of Arts building envelope, to community land; and
2. Authorise the Acting CEO (or delegate) to execute all necessary documents.
REPORT
The purpose of this report is to seek Council approval for the reclassification of Augusta Cullen Plaza, excepting the School of Arts building envelope, as community land.
CONSIDERATIONS
Liverpool Civic Place, located at 52 Scott Street, Liverpool, is a proposed mixed-use development which will incorporate Council offices, Council chambers, Library, Childcare, hotel, commercial offices and retail space. Liverpool Civic Place has been identified as a key site, anchoring, and providing the catalyst for further development at the southern end of Liverpool CBD.
Liverpool Civic Place will also provide an inviting civic plaza to hold events and functions or simply a place for members of the public to meet and interact and establish a destination point within the Liverpool CBD.
The civic plaza will contain new granite paving, landscape gardens and native tree species, which will make the civic plaza a key feature of Liverpool Civic Place.
Adjacent to this civic plaza and library building, is the existing Augusta Cullen Plaza. The design philosophy for Liverpool Civic Place, is for Augusta Cullen Plaza to tie into the civic plaza as integral open space. It is proposed that the Augusta Cullen Plaza will be an open space to hold events and functions in conjunction with the civic plaza or potentially as a standalone event space. The new library, at Liverpool Civic Place, will connect the new civic plaza to the existing Augusta Cullen Plaza with access across the front and rear of the library building, essentially connecting civic plaza and Augusta Cullen Plaza as one space.
Augusta Cullen Plaza is an open space with turf and gardens, with a frontage to Macquarie Street and situated within Augusta Cullen Plaza is the School of Arts building. The School of Arts building has had various uses over its lifespan. Recently, most of the uses have been of a commercial nature, with the current proposal to utilise the building now potentially for Council activities.
Augusta Cullen Plaza is a stratum lot, PT 201 DP 1224084, and sits over the basement for 300 Macquarie St. and is currently classified as Operational land. To the rear of Augusta Cullen Plaza is the 300 Macquarie Street building, a private mixed use residential development. 300 Macquarie Street has rights to an air and light easement over Augusta Cullen Plaza, which extends over the ground plane. Though Augusta Cullen Plaza sits on Operational land, undertaking any redevelopment or substantial embellishment to the land will be restricted by the air and light easement and the 300 Macquarie St. basement.
Hence, the proposal is to reclassify Augusta Cullen Plaza as community land, except for the envelope encompassing the School of Arts building. The School of Arts building is a commercial operation for Liverpool City Council and will and should remain as operational land.
By reclassifying the balance of Augusta Cullen Plaza, as community land, the community can be assured that open space at Augusta Cullen Plaza will remain for community use. In addition, should Augusta Cullen Plaza be used for purposes other than community use, a Council Resolution will be required.
Therefore, it is recommended that Council proceed with the reclassification of Augusta Cullen Plaza, excluding the School of Arts building envelope, from operational to community land.
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 |
Encourage the community to engage in Council initiatives and actions. |
Legislative |
There are no legislative considerations relating to this report. |
Risk |
There is no risk associated with this report. |
0
Ordinary Meeting
23 February 2022
Economy & Commercial Development Report
ECD 02 |
Liverpool Health and Innovation Trade Delegation to New Zealand |
Strategic Direction |
Generating Opportunity Create an attractive environment for investment |
File Ref |
025322.2022 |
Report By |
Gary Dawes - Senior Officer International Engagement |
Approved By |
John F Morgan - Director Economy & Commercial Development |
Executive Summary
At its meeting held 29 May 2019 Council resolved to adopt the International Trade Engagement Strategy.
The strategy identified New Zealand as the number one trade destination for ease of doing business and as a primary focus area for Council to develop activities to accelerate trade success for the local economy. The strategy recommended targeting the medical and education sectors and including cross-border collaboration and inviting leading researchers for exchanges and tours with the Liverpool Innovation Precinct (LIP).
As such, a trade mission to NZ, which included a civic and business delegation, was completed by Council in January 2020. This mission was considered a success as several international agreements were confirmed advancing the collaborative work and co-operation with clinicians, researchers, and industry within the health sector innovation ecosystems of Australia and New Zealand. Positive feedback from delegates was received and there continues to be positive outcomes such as the Trans-Tasman partnership in medical technology and food innovation and engagement with LIP members and entities in NZ.
It is proposed to organise a follow up trade mission to New Zealand
This report recommends a part two
continuation of the original civic and business delegation, which will align
with the Liverpool Innovation Precinct priorities. Council will partner with
the Business Western Sydney and
Austrade Auckland to facilitate arrangements for the
delegation to visit New Zealand in June 2022 with an anticipated budget of a
maximum of $20,000. It should be noted that, with ongoing public health orders in relation to
the current Omicron outbreak, that a watching brief will be maintained in the
lead up to the departure.
A second trip inclusive of Council’s civic delegation would:
· Mature Council’s relationship with Auckland Council and Austrade in NZ
· Provide learnings from Auckland’s urban placemaking and innovation precinct success
· Solidify the recent Trans-Tasman MoU agreements with face to face meetings
· Provide the opportunity to officially invite NZ’s senior administrative leaders to tour and view the Liverpool Innovation (LIP) and Aerotropolis Precinct concepts. This would assist to build on the Trans-Tasman collaborations developing across health and medical technology, food innovation, and education sectors
· Business to business (B2B) meetings arranged for business delegates that have potential to result in export agreements and export orders
· Conduct the trade mission during Healthtech Week Auckland to maximise networking and business opportunities.
That Council:
1. Approves the Trade and Civic delegation to Auckland, New Zealand in June 2022 subject to public health orders in both countries;
2. Determine which Councillors will attend as members of the delegation;
3. Endorse expenditure for this delegation of up to $20,000 from the City Economy budget; and
4. Receive a future report on the outcomes of the visit.
REPORT
Background
As its meeting held 29 May 2019 Council resolved to adopt the International Trade Engagement Strategy (the strategy).
The strategy is underpinned by the quadruple bottom line approach of Liverpool’s Community Strategic Plan particularly Direction 3: Generating Opportunity. The strategy will assist Council in meeting its commitment to:
· Attract businesses for economic growth and employment opportunities
· Create an attractive environment for investment
· Align with NSW Government’s Trade Statement to ‘increase exports as a percentage of NSW’s economy to reach 130 billion by 2024 and increase the number of NSW’s exporting businesses’.
The strategy identified NZ as the number one trade destination for ease of doing business and as a primary focus area for Council to develop activities to accelerate trade success for the business community and, as such, an initial Trade Mission was organised and completed in January 2020.
The initial Trade Mission to NZ included a civic and business delegates business program and hosted a number of innovation start-ups and entrepreneurs.
The strategy recommended several sectors that should be immediate areas of focus for the local economy including aerospace and defence, medicine and education. It highlighted the opportunity of “an open environment of medical innovation across the Tasman”.
The strategy recommended that Council:
· Encourage cross-border collaboration on data gathering and research into shared problems
· Build relationships/programs with leading NZ universities in growth fields (i.e. medical, engineering)
· Lobby for increasing mutual recognition of TAFE NSW qualifications
· Invite senior administrative members of major NZ cities to tour the Liverpool Innovation Precinct
· Invite leading researchers for exchanges at Liverpool Hospital and Innovation Precinct and the Ingham Research Institute.
New Zealand Trade Delegation 2022 - this follow up mission is aimed at:
· Maturing the relationships with Austrade, Auckland Council, and key partners for example:
o Solidify the recent TransTasman Biobridge agreement including face to face meetings with partners involved - advancing the existing collaborative work and co-operation with clinicians, researchers, and industry within the health innovation ecosystems of Australia and New Zealand
o Progress collaboration on the Food Innovation New Zealand MOU with LIP
· Provide learnings and experience the success of Auckland’s exemplary urban placemaking and Innovation Precinct Program initiatives
· Business to business (B2B) meetings arranged for business delegates that have potential to result in export agreements and export orders
Program Overview
A proposed itinerary* would involve:
Sat/Sun 25th / 26th June 2022 |
The delegation flying from Sydney to Auckland |
Monday 27th June 2022 |
A civic program with the Mayor and Councillors having an economic briefing from Austrade NZ, targeted site visits, meetings and a civic reception to be held with the Mayor of Auckland |
Tuesday 28th June 2022 |
Attend a half day Program at HealthTech Week Auckland; Followed by site visit and networking |
Wednesday 29th June 2022 |
A business matching (B2B) program facilitated by Austrade Auckland; Civic Program Ends 4pm and departing Auckland for Sydney at convenience. |
Thursday 30th June 2022 |
Business to Business Program til 5pm. End of Mission dinner or depart Auckland. |
Friday 1st July 2022 |
Half day cultural tour for remaining delegates and depart Auckland for Sydney. |
*proposed travel dates
*The program is subject to Auckland Council and Austrade reviewing the local events calendar and suggesting the most appropriate dates to travel.
Proposed Delegation
Successful trade missions are typically sector focussed. Based on recommendations in the strategy and improving the program from the 2020 mission, it is suggested that the trade delegation be tailored to the health and education sectors in relation to the Liverpool Innovation Precinct yet be inclusive also of companies involved in specialised health and wellbeing products and pharmaceutical and nutraceutical products.
The trade delegation will provide opportunities for LIP members and private business delegates to showcase their business capabilities, promote their research and connect them with New Zealand markets, buyers, researchers, and business leaders.
It is proposed that the delegation would include the following attendees:
· Mayor
· Councillors as determined
· CEO or Delegate
· LIP Director
· Manager City Economy
· Senior Officer International Engagement (Project Coordinator)
Liverpool Innovation Precinct Members
Liverpool Innovation Precinct members and their representatives will be invited to participate in the delegation on the basis that they fund their own travel and accommodation expenses.
· Darryl Harkness, CEO, Ingham Institute of Applied Medical Research
· Amanda Larkin, CEO, South Western Sydney Local Health District
· Josephine Chow, Director Strategic Projects, South Western Sydney Local Health District
· Representatives from Western Sydney University, University of Wollongong, University of NSW and TAFE NSW
Business Matching
For Business Matching arrangements there are two concurrent service delivery areas.
1. LIP Members with an academic, education and research focus
2. Private business delegates that require a range of potential partners and strategic allies from distributors, major supply chain operators, corporations and large firms
Group 1 Business Matching targets
· Auckland Council
Auckland is NZ’s leading economic region, generating more than a third of the country's GDP. Auckland is an economic hub of the Asia Pacific region and one of the world's most business-friendly markets. More than 100 multinational corporations call Auckland their Asia-Pacific home
· Auckland's technology and knowledge-intensive industries employ thousands of STEM workers, undertaking high levels of research and development powering their economic growth. Auckland's tech sector comprises ICT and software companies across fields including cyber security, big data and fin-tech, and high-tech manufacturing such as medical devices and aerospace engineering
· The University of Auckland is NZ's largest university with over 40,000 students.
· The Newmarket Innovation Precinct (NIP) connects industry professionals with the University's research and technical experts
· The National Institute for Health Innovation (NIHI) are experts in providing researchers, data management and analytics support and commercialisation/deployment of health initiatives
· Centre for Advanced Magnetic Resonance Imaging (CAMRI) is the first MRI venture in NZ to focus on high-end research work as well as routine clinical imaging
· Auckland Medical Research Foundation played a lead role in the establishment of a Medical School in the University of Auckland
· New Zealand's MedTech Centre of Research Excellence is the single point of contact for NZ's capability and resources in MedTech
· Manukau Institute of Technology
· Medical Technology Association of New Zealand - the leading industry body representing medical technology manufacturers, importers and distributors of medical devices in New Zealand
· Government Departments – Ministry of Health, Ministry of Covid Response, Minster of Trade
Group 2 Business Matching potential targets
· Fisher & Paykel Healthcare
· Rocket Lab (Space)
· Woolworths NZ
· Auckland Airport Company
· Kiwi Property Group
· My Food Bag – e-commerce Food & Beverage operator
· Hotel groups and major hospitality companies
· Medical sector businesses and organisations, e.g. Ryman Healthcare
· Technology, Data, Robotics and Blockchain companies
· Buyers such as: Importers, Distributors and Medical Devices wholesalers
Key Initiatives in Auckland
· GRIDAKL is part of the innovation precinct in Auckland's Wynyard Quarter, designed to maximise innovation by harnessing the power of collaboration. Creating pathways for innovative individuals, entrepreneurs, and businesses to connect, share ideas and access the tools they need to help them grow.
· The Southern Initiative (TSI) plans and delivers a long-term programme of coordinated investment and actions to bring about transformational social, economic and physical change in Auckland.
· Auckland Co-Design Lab is funded by Auckland Council and sponsored by eight central government departments.
· NZ HealthTech Week / MTANZ HealthTech Conference 27th-29th June 2022
In addition to these institutions and initiatives, a full business program will be developed and coordinated by Austrade to allow for LIP members to conduct business, export and investment activities for potential international trade engagement and growth.
Resources, Pricing, Billing & Legal
An estimated cost for this delegation is up to $20,000, which includes travel costs, accommodation, transport, food, gifts, and other incidental expenses.
Council will use Federal Government partners such as Austrade Auckland as key in market service providers and similar organisations who possess the networks and capability required.
It is recommended that Council commence facilitating arrangements for a delegation from Liverpool to New Zealand and to endorse expenditure to a maximum of $20,000 which includes travel costs, accommodation, transport, food, gifts and other incidental expenses.
CONSIDERATIONS
Economic |
Further develop a commercial centre that accommodates a variety of employment opportunities. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Budget estimate of up to $20,000 does not include an Austrade business matching service fee or associated costs to host an event in market |
Environment |
There are no environmental and sustainability considerations. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Facilitate the development of community leaders. |
Legislative |
The trade delegation plans are based on the premise that Australia and New Zealand’s international borders will be open for travel in June 2022. |
Risk |
It is also noted that with ongoing public health orders in relation to the current Omicron outbreak, that a watching brief will be maintained in the lead up to the departure. |
0
Ordinary Meeting
23 February 2022
Economy & Commercial Development Report
ECD 03 |
Public Sector Working Hub |
Strategic Direction |
Generating Opportunity Attract businesses for economic growth and employment opportunities |
File Ref |
028661.2022 |
Report By |
Chris Guthrie - Coordinator Business Development |
Approved By |
John F Morgan - Director Economy & Commercial Development |
Executive Summary
At its ordinary meeting held on 16 December 2020, Council considered a report on activities relating to the potential for Public Sector Working Hubs to be established in the region and specifically in Liverpool CBD.
At that same meeting, Council resolved to receive and note the report and noted that a further update on this initiative, will be provided by the June 2021 Council meeting.
Whilst recent lockdowns have somewhat limited commercial activity in the Liverpool CBD, new research has informed the future planning of CBDs.
That Council:
1. Receives and notes the update on the potential for Public Sector Working Hubs in Liverpool; and
2. Notes that the Covid-19 pandemic and subsequent lockdowns has impacted take up rates of commercial office space in the Liverpool CBD.
REPORT
Background
At its ordinary meeting held on 16 December 2020, Council considered a report relating to the potential for Public Sector Working Hubs to be established in the region and specifically in the Liverpool CBD.
The following resolution was passed at this meeting:
That Council receives and notes this report and notes that a further update on this initiative will be provided by the June 2021 Council meeting.
Since then, the Liverpool area has been further impacted by the Covid pandemic and many offices remained either vacant or were functioning at limited capacity, reducing progress on further development of this initiative. An update on the matter was delayed, as it was prudent to wait until the local economy was “re-opened for business”.
However, despite the overall slowdown, there were some positive developments occurring in the CBD during that time:
· Progress on construction of a serviced apartment complex on Northumberland Avenue
· Continued progress on the Council’s own Liverpool Civic Place development
· Further approvals for development of two mixed use towers in the CBD
· Incentives allow landlords to adjust their rental rates to reflect changing market conditions and tenant demand. ‘Effective rent’ is the term used to describe the rent after commercial lease incentives have been factored in. This figure is lower than the ‘face rent’ amount that has been negotiated previously between the landlord and tenant.
Commercial incentives provided by landlords, particularly during the recent economic slowdown reached up to 35% of ‘face rents’ in some parts of Sydney. In Parramatta incentives were typically offered between 25% - 30% according to recent research.
Business Western Sydney Closer to Home Report
A new Business Western Sydney report has found that Western Sydney’s metropolitan centres could share in a $450 million annual boost to their local economies and attract more jobs, if the hybrid working week becomes a permanent fixture of work-life balance, after the COVID pandemic has passed.
Headlining this report, is a request to establish a $1 Billion Western Sydney Renewal Fund, that will enable a five-year urban renewal programme to allow more than 100,000 people to work closer to home and generate an economic surge in city centres, such as Liverpool, Bankstown, Blacktown, Campbelltown and Penrith.
Other key recommendations from the report include:
1. The State Government continue to pilot and expand hubs across Sydney. These hubs need to be in the metropolitan clusters including Campbelltown, Liverpool, Penrith, Blacktown, Bankstown, Olympic Park and Parramatta. This will ensure that a large portion of the workforce is able to work within 15 minutes from home.
2. Private companies should consider how they structure their organisations and invest in a more distributed workforce with satellite offices and co-working spaces in regional centres closer to where their employees live.
3. Employers, both public and private, need to invest in the necessary infrastructure needed to support the hybrid working week, including regionally located, “touch down” offices and co-working spaces so employee can spend more time working closer to home.
4. The State Government should conduct a review into Business Improvement Districts and the regulation surrounding them. If we are to see Councils succeed, we must ensure that they have streamlined frameworks that allow them to flourish. This will ensure that each city centre can accommodate the hybrid economy and maintain these strong working hubs that are more attractive places to work. We need each tier of Government to join with local businesses to coordinate investments in place making and renewal. The State Government remove red tape which prevents the local businesses and landowners from establishing Business Improvement Districts in NSW.
5. Local Government needs to ensure that each of their city centres have the services and amenities to accommodate a significant increase in local employment. We need to ensure our planning and land use controls encourage agglomeration and provide a competitive and compelling option for employees to want to work in them.
6. That local Government introduce changes to their LEP’s and LSPS’s to encourage small strong retail distribution. The Chamber will explore a retail study to understand the planning shortfalls and cold spots in Western Sydney that can be addressed.
Liverpool Civic Place – A Western Parkland City Transformation Hub
Council’s City Economy Unit has previously developed a Liverpool Commercial Office Prospectus, which details future and proposed development within the Liverpool CBD. This prospectus is upgraded regularly as progress is made on construction and additional development approvals.
To further strengthen and facilitate investment in commercial development in the CBD and all the jobs this would generate, further research was conducted, specifically in relation to the Council’s own Liverpool Civic Place development.
Liverpool’s Civic Place development will deliver a mix of civic, community and commercial spaces to Sydney’s third CBD. Just over 70 per cent of the development will house Liverpool Council’s library, a new childcare centre, Council offices and chambers. The remaining 30 per cent sets the scene for a new economy opportunity – a third space to support a new breed of hybrid working, while reaffirming the City’s long-term role as a major centre for government.
The document produced from the research (and attached) will be promoted and marketed to various sectors as follows:
A ‘touchdown’ office for the NSW and Commonwealth Public Services, and relevant industry associations such as:
· Planning offices of major infrastructure investments (eg Major road projects • Major rail projects • Major hospital projects)
· Schools Infrastructure NSW
· Department of Planning, Industry and Environment
· Department of Infrastructure, Transport, Regional Development and Communications (Western Sydney Unit)
· Business Western Sydney
· Government Business Units and other authorities
As restrictions further ease, efforts will now extend towards promotion of co-working hubs in the CBD both in relation to the Liverpool Civic Place project but also in support of the various private developments already happening and proposed in the CBD.
The changed working paradigm in CBDs has forced planners to rethink office environments and flexibility is now more important than ever. A multitude of national and international research suggests more people will be choosing hybrid models of work (wfh/office) and CBDs now need to become places where people want to go for work and play rather than where they have to go to obtain an income. CBDs will need to evolve into central experience districts to suit these changes demands.
One example from a multitude of research undertaken over the last two years includes the Productivity Commission’s Research Report from September 2021. – “The COVID-19 pandemic forced many workers and firms — up to 40% of workers — to experiment with working from home. While the stay-at-home orders that forced this experiment are gradually easing across the developed world, the level of working from home is likely to remain much higher than it was before the pandemic. This forced experiment showed that many people could do their jobs at home just as well as in the office. Workers really valued the time and money saved through not commuting, as well as the extra flexibility in their lives. And some firms can see potential productivity improvements, and/or cost savings, in a world of more work from home.”
CONSIDERATIONS
Economic |
Facilitate economic development. There are internal resourcing implications in undertaking a communications Campaign as outlined to Council previously. |
Environment |
There are no direct environmental and sustainability considerations although as reported in the minutes, the Moorebank Intermodal Company is proposing to take over responsibility for biodiversity management of the site and there are some changes already to the ongoing management of the “Dustbowl” area. |
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 |
The risk is deemed to be Low. |
ATTACHMENTS
1. Liverpool Civic Place Western Parkland City Transformation Hub
0 |
|
ECD 03 |
Public Sector Working Hub |
Attachment 1 |
Liverpool Civic Place Western Parkland City Transformation Hub |
Ordinary Meeting
23 February 2022
Committee Reports
CTTE 01 |
Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 3 February 2022 |
Strategic Direction |
Generating Opportunity Advocate for, and develop, transport networks to create an accessible city |
File Ref |
033191.2022 |
Report By |
Charles Wiafe - Service Manager Transport Management |
Approved By |
David Smith - Director Planning & Compliance |
Executive Summary
This report presents the recommendations of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 3 February 2022. At the meeting, the Committee considered ten (10) agenda items, two (2) technical discussion items and eight (8) general business items.
A copy of the meeting minutes with the Committee’s recommendations are included in Attachment 1.
That Council adopts the following Committee recommendations:
Item 1 - Hume Highway and Governor Macquarie Drive Intersection Upgrade – Signs and Line Marking Scheme
· Approves the signs and line marking scheme, as shown in Attachments 1.1-1.8 of the Committee agenda attachment booklet.
· Requests TfNSW consider inclusion of straight arrows in the through lane in their approval of the traffic control signal phasing design
Item 2 - Kingsbury Road and adjacent Laneway, between Gellibrand Road Perrone Road - Request for Traffic Calming Devices
· Request the Police to carry out speed enforcement and for the outcome to be provided at the May 2022 Traffic Committee meeting.
· Consider a report with speed classification to be presented to the May 2022 Traffic Committee meeting.
Item 3 - Edmondson Avenue, Austral – Interim Intersection Treatments
· Approves interim intersection treatments at the Edmondson Avenue/Fifteenth Avenue and Edmondson Avenue/Fourteenth Avenue intersections as shown in Attachment 3.1-3.2 of the Committee agenda attachment booklet.
Item 4 - William Buckley Drive, Carnes Hill – Request for Traffic Calming and Parking Restrictions
· Approves the installation of an entry threshold treatment and central median island along William Buckley Drive approximately 45m west of Kurrajong Road.
· Undertakes community consultation with affected residents prior to installation.
Item 5 - Foskett Road, Edmondson Park – Proposed One Way (Northbound) Arrangement
· Approves the signs and line marking scheme including edge line marking, for one way southbound for the section of Foskett Road, between Jardine Drive and Antwerp Avenue, Edmondson Park as indicated in Attachment 5.1 of the Committee agenda attachment booklet.
· Undertakes community consultation with the affected residents prior to installation.
· Submits the required transport management plan to TfNSW for endorsement prior to installation
Item 6 - Hoxton Park Road and Gillespie Street, Liverpool – Proposed No Right Turn Restriction
· Approves the implementation of the traffic facilities as shown in Attachments 6.1 and 6.2 of the Committee agenda attachment booklet subject to TfNSW endorsement of the required Transport Management Plan.
· Requests TfNSW to investigate a median island on Hoxton Park Road between Gill Avenue and Hume Highway
· Investigates the opening of Gillespie Street and Pearce Street
Item 7 - Bus Stops – To be decommissioned
· Approves decommissioning of the five bus stops along Wilson Road and a stop each along Green Valley Road and North Liverpool Road as listed in the minutes.
· Requests Transit Systems to remove the bus stops from TfNSW’s Transit Stop Management System.
Item 8 - Flowerdale Road, Liverpool – Traffic changes in front of Liverpool West Public School
· Approves the proposed traffic facilities and associated signage and line marking as shown in Attachments 8.1- 8.8 of the Committee agenda attachment booklet.
· Detailed design drawings including supplementary No Parking and Kiss and Ride signs, are to be submitted to TfNSW for review prior installation.
· Council requests the Department of Education to undertake community consultation with the affected residents along Mainsbridge Avenue prior to implementation of the parking arrangements
Item 9 - Railway Serviceway Special Opening Event – Special Community Event
· Classifies the event as a Class 3 Special Event with the associated conditions requiring the preparation of a special events transport management plan to be submitted to TfNSW for review prior to the event.
Item 10 - Railway Street Shared Spaces Demonstration Project
· Approves in principle for grants funding applications to be submitted to undertake temporary changes to Railway Street and associated signage and line marking as shown in Attachment 10 of the Committee agenda attachment booklet. Should funding be secured, detailed design is to be submitted to the Committee for its endorsement prior to implementation.
REPORT
This report presents the recommendations of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 3 February 2022. At the meeting, the Committee considered ten (10) agenda items, two (2) technical discussion items and eight (8) 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 technical discussion item and general business items, with recommended actions are as follows:
Technical Discussion Items
TD1 - Bus Route to Liverpool Hospital during its expansion
As outlined in the minutes, as part of the hospital expansion, the main entrance to the hospital has been relocated from Elizabeth Street to Campbell Street.
Council has received local resident's request to relocate the existing bus stop on Elizabeth Street to Campbell Street. As Transport for NSW (TfNSW) is responsible for providing bus services to the public in NSW, Council requested TfNSW to consider revised bus services to the temporary gate.
TfNSW advised Council that the existing bus stop at Elizabeth Street in front of the former hospital gate would not be relocated or the current bus route changed.
Recommendation
The Committee discussed and noted that whilst TfNSW would not reroute bus services, the agency is to place a notice at the Liverpool Train Station informing passengers of the available bus service to the temporary gate.
TD2 - CBD Revitalisation Program – Liverpool Alive at Night, April Activation
Council has applied for funding to run a month-long activation in the CBD that will involve a series of lighting art installations in various arcades, laneways, and Macquarie Mall.
As part of the event, there is a number of way-finding signage details that are non-standard which are being proposed.
Recommendation
The committee raised no objection to the proposed installations on footpaths for the activation
General Business Items
GB1 - Heathcote Road and The Avenue – Installation of Interim Traffic Signals
TfNSW is upgrading the section of Heathcote Road between Infantry Parade, Holsworthy and The Avenue, Voyager Point.
As part of the project, the Heathcote Road/The Avenue intersection will be upgraded to a signalised intersection.
Following community representations, TfNSW agreed and installed interim traffic signals at the intersection in December 2021.
Recommendation
The Committee noted that interim traffic signals have been installed
|
GB2 - Kurrajong Road - Proposed Improvement Options
Council has received community requests to consider improvements along Kurrajong Road to improve traffic flow and road safety.
Identified locations and improvement works includes the following:
· The existing roundabout at Lyn Parade/Beech Road – Replacement of roundabout with traffic signals.
· Road section in front of Amity College – Amity College has recently implemented traffic management works. Traffic monitoring will be carried out to assess possible improvements.
· Intersection with Mowbray Street – Unsignalised T-intersection to be signalised.
· Section between Cowpasture Road and Sarah Holland Drive – Extension of existing right turn from Kurrajong Road into Cowpasture Road, restriction of right turn movements from Kurrajong Road into the Shopping Centre driveway, signalisation of the existing midblock pedestrian refuge
Recommendation
Council carries out assessment and design investigations and presents reports to future meetings for further consideration.
GB3 - Henderson Road, Edmondson Park – Request for marked pedestrian crossing
· Ed Square Management has requested installation of a marked pedestrian crossing across Henderson Road approximately 60m west of Soldiers Parade
Recommendation
The Committee discussed but did not support installation of the requested marked pedestrian crossing as it would result in three pedestrian crossings across a 140m section of Henderson Road.
GB4 - 25-27 Governor Macquarie Drive
Council has received funding from the Federal Government under its Western Sydney Infrastructure Program to carry out improvement works on sections of Governor Macquarie Drive (GMD) close to Newbridge Road and the Hume Highway.
The improvement work close to Newbridge Road is between Newbridge and Alfred Road. This includes extension of a right turn bay into Newbridge Road and installation of a central median island.
Council has received representations to investigate options to enable a float truck to turn into and out of the driveway at 25 – 27 GMD.
The two options investigated involve narrowing the median island to enable left in / left out movements or the provision of a gap to enable right in / right out movement. Both options require minor widening of the property driveway.
Recommendation
The Committee discussed and expressed concern about the second option (Right turn in and out) as it may encourage other vehicles to use such an opening.
Detailed design investigation including geotechnical investigation, survey, detailed design and cost estimate is to be carried out in consultation with the property owner and be presented to the Traffic Committee meeting in March 2022 for further consideration.
GB5 - Bigge Street, Liverpool – Road Closure
The Police representative outlined that it has received a request concerning possible closure of Bigge Street form Hume Highway to Lachlan Street to enable crane removal. The committee expressed concern on impact on traffic to the Liverpool City Centre (along the road).
Recommendation
A meeting to be organised with the proponent with a view to identify an arrangement which would minimise traffic impacts (of the proposed road closure).
GB6- Delays at Newbridge Road and Nuwarra Road Signalised Intersection
The Deputy Mayor has received concerns that the Newbridge Road and Nuwarra Road signalised intersection is not functioning efficiently and causing traffic congestion including for through traffic.
The concern has been referred to the TfNSW Network Operations Coordinator for the Liverpool LGA who has advised that operation of the traffic signals have been changed for the morning and afternoon periods to improve traffic flow.
In addition, the intersection in the next few months will be upgraded to a diamond operation on Nuwara Road which will also improve the intersection operation and traffic flow.
The upgrade will include installation of a pedestrian crossing on the eastern side of Newbridge Road to help pedestrians cross Newbridge Road safely.
Recommendation
The Committee discussed and noted the changes that have been implemented by TfNSW Network Operations Coordinator as outlined in the report.
GB7 – Stanton Street, Liverpool - Rat Run
Councilor Harle raised concern about a rat run through Stanton Street which the Committee considered at a previous meeting.
Recommendation
Council to consult the residents and identify improvement solutions including possible changes to the traffic signal phasing at the Flowerdale Road / Memorial Avenue intersection
GB8 - Spencer Road, Cecil Hills - Crash
Councilor Hagarty advised that there had been a recent crash along Spencer Road and the previously approved speed humps should be installed
Recommendation
Council to prioritise and install the previously approved speed humps.
Budget impact of matters arising from the minutes
Item |
Description |
Funding, Indicative Cost and Timing |
1 |
Hume Highway and Governor Macquarie Drive Intersection Upgrade – Signs and Line Marking Scheme |
Federal Government grant funding under Western Sydney Infrastructure Program. Indicative Cost – No cost to Council (Total project cost $7.1 million) Timing – Early 2023. |
2 |
Kingsbury Road and Adjacent Laneway, between Gellibrand Road Perrone Road - Request for Traffic Calming Devices |
Deferred item
|
3 |
Edmondson Avenue, Austral – Interim Intersection Treatments
|
Minor traffic facilities program. Indicative Cost - $5,000 Timing – Early 2022 |
4 |
William Buckley Drive, Carnes Hill – Request for Traffic Calming and Parking Restrictions
|
Minor traffic facilities program. Indicative Cost - $25,000 Timing – Early 2023 |
5 |
Foskett Road, Edmondson Park – Proposed One Way (Northbound) Arrangement |
TfNSW block grant funding Indicative Cost - $2,000 Timing – Early 2022 |
6 |
Hoxton Park Road and Gillespie Street, Liverpool – Proposed No Right Turn Restriction
|
Developer Indicative Cost - No cost to Council. Timing – Dependent on developer’s construction program |
7 |
Bus Stops – To be decommissioned |
Transit Systems Bus Company |
8 |
Flowerdale Road, Liverpool – Traffic Changes in front of Liverpool West Public School
|
Developer (Department of Education) Indicative Cost - No cost to Council. Timing – Dependent on developer’s construction program |
9 |
Railway Serviceway Special Opening Event – Special Community Event
|
CBD Activation |
10 |
Railway Street Shared Spaces Demonstration Project
|
Grant funding if successful |
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 deemed to be 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 3 February 2022 (Under separate cover)
0
Ordinary Meeting
23 February 2022
Questions with Notice
QWN 01 |
Question with Notice - Clr Harle - Ongoing Illegal dumping occurring in Edmondson Park and generally in the Liverpool LGA |
Strategic Direction |
Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape |
File Ref |
017678.2022 |
QUESTION WITH NOTICE
Council purchased covert cameras some time ago specifically for obtaining evidence of illegal dumping occurring in isolated areas. Council had hired trailer mounted surveillance cameras on a trial basis.
Please address the following:
1. Can Council provide an update on what is being done to prevent and reduce the incidence of illegal dumping within the Liverpool LGA?
2. Have the covert cameras that were used in various locations within the Liverpool LGA resulted in obtaining evidence of those carrying out illegal dumping and has that evidence resulted in legal action against the dumpers?
3. Did the cameras also obtain incidents of illegal drug dealings occurring in Edmondson Park on Jardine Drive and has any legal action resulted from that data?
4. If any of the above information is confidential or subject to legal privilege, can that be provided in a Confidential Report and or a briefing session?
Response (provided by City Presentation)
1. Can Council provide an update on what is being done to prevent and reduce the incidence of illegal dumping within the Liverpool LGA?
Illegal dumping within Liverpool is a significant challenge for Council due to the breath and depth of the Local Government Area. Although Council strives to identify and action dumping within the community utilising active patrolling, Council relies heavily from the public to notify a dump.
Council currently has operational covert cameras in known illegal dumping hotspots. Our Illegal Waste Rangers proactively patrol known hotspots and engage operational clean-up crews to monitor hotspots during the regular maintenance programs. Council continues to promote the services of the Community Recycling Centre (CRC) located at the Rose Street Depot and throughout the challenges of the pandemic, Council was committed to continuing to operate this service for the community.
In 2020/2021, 81 infringements were handed out, two infringements were a result of overt cameras and 34 were a result of covert cameras. The total amount in fines as a result of these successful infringements resulted in $119,250 for Council.
The Waste Team is working towards the development of a new in house designed overt camera set up. Further information on the overt cameras will be provided in the near future, when the project is finalised and operational. Our team have also designed some new signage and Council is confident this will promote awareness towards illegal dumping and the penalties for offenders it they are caught. An example of the new signage that will support the new overt cameras is provided below.
Council is also in the process of renewing agreements with third party providers to reinstate covert cameras in the known LGA illegal dumping hotspots.
2. Have the Covert cameras that were used in various locations within the Liverpool LGA resulted in obtaining evidence of those carrying out illegal dumping and has that evidence resulted in legal action against the dumpers?
The covert and overt cameras used were very effective in gathering evidence resulting in legal action against dumpers. Overt cameras are recommended as a deterrent to illegal dumping however, it is a significant investment for Council when engaging third party operators for the latest camera equipment. In 2020 to 2021 Council spent $118,624 on Overt Cameras and $44,500 on Covert Cameras
When an illegal dump is investigated and evidence is gathered, the alleged illegal dumper is interviewed, and this often leads to a penalty being issued and enforced against the person responsible for the illegal dump.
3. Did the cameras also obtain incidents of illegal drug dealings occurring in Edmondson Park on Jardine Drive and has any legal action resulted from that data?
The covert cameras did obtain incidents of illegal drug activity on Jardine Drive, Edmondson Park. All evidence was handed over to the NSW Police. Unfortunately, Council is not privy to the outcomes of the investigations as the NSW Police will not provide this information.
4. If any of the above information is confidential or subject to legal privilege, can that be provided in a Confidential Report and or a briefing session?
All evidence of an illegal dump that leads to an investigation is subject to legal privilege and can not be provided by the NSW Police to Council. In future, the Council can prepare a report on illegal dumping at various hotspot areas however, this report would only contain information of a non-sensitive nature.
0
Ordinary Meeting
23 February 2022
Questions with Notice
QWN 02 |
Question with Notice - Clr Kaliyanda - Youth Strategy |
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
File Ref |
030904.2022 |
QUESTION WITH NOTICE
Please address the following:
1. When was the Liverpool Youth Strategy and Action Plan last updated?
Response (provided by Community & Culture)
The most recent iteration of the Liverpool Youth Strategy and Action Plan was for the period 2012 – 2017. Since that time, activities and programs relating to young people in Liverpool were integrated in the wider Community Development and Planning Strategy and Business Plan, as well as Council’s overarching Community Strategic Plan and Delivery Program and Operational Plan.
2. What timeframe is in place for review and refresh of the Youth Strategy and Action Plan?
Response (provided by Community & Culture)
In the wake of the COVID-19 pandemic, many young people across Australia have reported feelings of isolation, poor mental health and a lack of wellbeing, as well as challenges in accessing education, employment and community programs and services. Further, and in alignment with this broad sentiment, the Liverpool Youth Council has identified four key priorities for their current term:
· Mental health
· Education
· Employment
· Engagement with local schools
To guide and inform Council in addressing these priorities for local young people, the Community Development and Planning team have commenced development of a new Youth Strategy. This Strategy will outline Council’s goals and objectives for working with local young people and set clear targets to work with the youth sector in improving outcomes for young people in Liverpool.
The goals identified in the Youth Strategy will support Council’s broader Community Strategic Plan (CSP). The Youth Strategy will underpin Council’s work in meeting Directions One: Creating Connection and Four: Leading Through Collaboration by identifying clear objectives which seek to address access, inclusion and participation for and by young people in Liverpool. Further, the process of consultation with local young people, the youth services sector and relevant community stakeholders will support alignment with the CSP by encouraging community participation in decision-making and supporting collaboration with the community sector and residents.
Phase one of developing the new Youth Strategy, including data review and analysis, and a consultation survey with the local youth services sector and other relevant government and non-government organisations is currently underway. The consultation survey is designed to assist Council’s convening role, to identify and or reconcile key priorities across the youth services landscape to better understand the gaps and opportunities for collective response and action.
The Draft Strategy is intended to be presented to Council by May 2022 for consideration and to place on public exhibition.
0
Ordinary Meeting
23 February 2022
Questions with Notice
QWN 03 |
Question with Notice - Clr Goodman - Flood Evacuation Plan |
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
File Ref |
044215.2022 |
QUESTION WITH NOTICE
Please address the following:
Does Council have a flood evacuation plan in place for the LGA?
A response to this question will be provided in the business papers for the Council meeting of 30 March 2022.
0
Ordinary Meeting
23 February 2022
Questions with Notice
QWN 04 |
Question with Notice - Clr Kaliyanda - Georges River Flood Studies |
Strategic Direction |
Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape |
File Ref |
044398.2022 |
QUESTION WITH NOTICE
Please address the following:
1. What update is there on the Georges River Flood Evacuation Studies currently being conducted by DPIE?
2. What impact will the proposed development along the Georges River have on existing developments, especially residential developments, and on local flooding?
3. What community consultation has been done/is proposed in this area, either by DPIE or Council?
4. Will residents be advised about the potential for increased risk of future flooding?
A response to these questions will be provided in the business papers for the Council meeting of 30 March 2022.
0
Ordinary Meeting
23 February 2022
Questions with Notice
QWN 05 |
Question with Notice - Clr Harle - Wattle Grove Lakeside Park |
Strategic Direction |
Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape |
File Ref |
044424.2022 |
QUESTION WITH NOTICE
With reference to Wattle Grove Lakeside Park, please address the following:
1. Is there a Master plan for Wattle Grove Lakeside Park, if so, how is it funded and does it include provision for the replacement of the North/West timber retaining wall (full of white ants) with a one-time improvement of cut sandstone blocks as was done at Clinches Pond?
2. What more can be done to improve the water quality of Wattle grove lake, short of emptying it and removing all of the 30-year built up sludge, decomposing vegetation and refuse washed into the lake?
3. What is the primary funding source for the ongoing maintenance of flood retention basins in the Liverpool LGA?
A response to these questions will be provided in the business papers for the Council meeting of 30 March 2022.
0
Ordinary Meeting
23 February 2022
Questions with Notice
QWN 06 |
Question with Notice - Clr Hagarty - Pet Adoptions |
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
File Ref |
044436.2022 |
QUESTION WITH NOTICE
Please address the following:
1. How does Council determine the adoption fees at the Liverpool Animal Shelter?
2. Is there a process for reducing fees for animals held long term?
3. Does Council conduct regular benchmarking for adoptions fees against other Councils and animal shelters?
A response to these questions will be provided in the business papers for the Council meeting of 30 March 2022.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 01 |
Council Policies and Standards |
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
File Ref |
041518.2022 |
Author |
Fiona Macnaught - Councillor |
Background
The Local Government Act 1993, sections 226 and 232 speak to the role of the Mayor and Councillors.
These sections refer to policy or policies no less than five times.
During the previous term of Council, a number of policies were converted to standards, as approved by the then Council.
In order to ensure this Council can best represent the community, it is imperative to gain an understanding on the reasoning behind the conversion of such policies, and an opportune time to ensure those policies still active are current and up to date.
That Council direct the Acting Chief Executive Officer to present a report by the April 2022 meeting on:
1. All policies that were converted to standards during the previous Council term, with a short brief on why the CEO thought it would be better suited as a standard; and
2. All current policies, including their actual review date.
ACTING CHIEF EXECUTIVE OFFICER’S COMMENT
Council adopted the ‘Policy Drafting Standard: Policies, Standards, Charters, Procedures and Strategies’ (the Standard) on 30 July 2020. This document clearly sets out the guidelines for the setting or revoking of Council Policies, Procedures and Standards.
In summary, this means that if there is a current policy that has been adopted by Council that is being sought to be revoked and changed to a standard, under the ‘Policy Drafting Standard’ then a report must go to Council for a resolution in order for that to occur. Section 4.14 ‘Revoking’ of the standard, states that ‘Policies, Charters and Strategies can only be revoked by a formal resolution of Council’. Further, that ‘Council standards and Procedures can only be revoked by the approval of the CEO’.
A report will be brought to the April Council meeting outlining policies that were revoked via Council resolution. This report will include the report that put before council, upon which the resolution was passed. With the recent change in Council’s CEO, it is not possible to provide an explanation as to why a decision was made, the Council report will be provided as background for this. The report will also contain information on all current council policies and review dates.
Attached for ease of reference is the ‘Policy Drafting Standards’.
ATTACHMENTS
1. Policy Drafting Standards (Under separate cover)
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 02 |
Property Maintenance - Newbridge Road, Moorebank |
Strategic Direction |
Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape |
File Ref |
041532.2022 |
Author |
Fiona Macnaught - Councillor |
Background
The area along Newbridge Rd Moorebank, from Henry Lawson Drive to Brickmakers Drive, contains a mix of residential, open space, commercial and industrial properties. Presently the area appears neglected and overgrown in many parts. Some of the properties involved are sitting idle awaiting consent to change use and redevelop, and some properties have been acquired by Council under the Voluntary Acquisition scheme. These properties are at risk of not being upgraded for some time, however the neglect of their upkeep should be addressed.
That Council:
1. Direct the Acting Chief Executive Officer to write to landowners along Newbridge Rd Moorebank between Henry Lawson Drive and Brickmakers Drive requesting that they tend to the upkeep of their properties to a standard that allows safe passage along the path, and improves the general amenity of the area; and
2. Direct the Acting Chief Executive Officer to prioritise the mowing and clearing of all Council owned properties in the area described, to allow safe passage along the path, and through the blocks to access the river
ACTING CHIEF EXECUTIVE OFFICER’S COMMENT
Response to Point 1
There is a statutory process Council must follow in relating to writing to landowners regarding the upkeep of their property.
Section 124 of the Local Government Act 1993 provides for the issuing of Orders by Council.
In relation to this NOM, Order 21, contained in Section 124 of the Local Government Act 1993, allows Council to issue an Order to a landowner or occupier where the state of their property is, in the opinion of a Council authorised officer, in an unsafe or unhealthy condition.
Council is aware of a number of properties in this area that are considered unsafe or unhealthy and is in the process of issuing Notices to landowners prior to any further action, including the issuing of an Order.
Most of the overgrown areas are council owned land (76 properties) plus overgrown nature strips.
Response to Point 2
The overgrown Council owned land is located on Newbridge Road, at present these properties are currently classified as “Areas Under Management” which require additional consideration and are serviced utilising third party service providers under the supervision of the Environment team.
Works on this site have been confirmed to commence on Monday 21st of February 2022 after which the site will continuously be monitored and serviced when required with consideration of the additional requirements of the site.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 03 |
Hybrid Community Forums |
Strategic Direction |
Leading through Collaboration Encourage community participation in decision-making |
File Ref |
041558.2022 |
Author |
Fiona Macnaught - Councillor |
Background
Community Forums are one of the most important tools Council has for engaging with Community members, particularly on issues local to them. Over the past two years most forums have been successfully conducted online. Now that we are moving into the new space of “living with Covid”, we need to ensure we continue to provide access to all community members who wish to attend these forums.
Direct the Acting Chief Executive Officer to investigate and provide a report (no later than the April meeting) on the resources required and associated costs to implement the ability to conduct hybrid model Community Forums, whereby people can attend on site or online simultaneously.
ACTING CHIEF EXECUTIVE OFFICER’S COMMENT
The Liverpool District Forums are one of Council’s key consultative mechanisms. The forums provide a valuable opportunity for residents to discuss matters of importance within their community and for Council to consult on key projects, strategies and plans.
Throughout 2020 and 2021, the Liverpool District Forums were conducted online via Microsoft Teams in response to ongoing COVID-19 restrictions. As restrictions continue to ease, Council has now recommenced holding face-to-face forums across four districts – 2168, Eastern, New Release/Established and Rural.
An evaluation of the Liverpool District Forums including a cost/benefit analysis, review of participation numbers from both Council and community representatives, agenda items and an investigation of alternate delivery methods was conducted in 2021. The results of this evaluation will be presented to Council at its 23 February 2022 meeting. This evaluation report includes details of Council’s investigation of the required resources and associated costs of facilitating forums in a hybrid model – both virtually and in-person.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 04 |
Moorebank Intermodal Development Special Levy |
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
File Ref |
043430.2022 |
Author |
Karress Rhodes - Councillor |
Background
It has been previously claimed that the Moorebank Intermodal Development Special Levy is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
1. Note that the agreement between LCC and MICL is not commercial in confidence, as it is already in the public sphere and that the following explanation is a note to the said financial statements:
"Moorebank Intermodal Company (MIC) is a wholly owned Australian Government entity established to facilitate the development and operation of an intermodal terminal at Moorebank. MIC is exempt from paying council rates, however, under Commonwealth's competitive neutrality policy, it has entered into an agreement with Liverpool City Council to pay rates equivalent ex-gratia sum payable at commencement of every financial year. The agreement takes a retrospective effective from 1/1/17.”
2. It is in Councillor and public interest the understand the details of funds received and expenditure as a part of the in lieu of rates agreement between LCC and MICL.
3. It is Council’s responsibility to be open, transparent, and accountable for the Council Budget.
That Council directs the A/CEO to:
1. Establish an internally restricted reserve titled “Moorebank Intermodal Company Ltd Ex-Gratia Funds”;
2. Effective from 1 July 2022, keep all funds received from MICL in this reserve and account for all expenditure incurred on agreed activities with MICL;
3. Provide quarterly performance report to Council outlining funds received, spent and the balance of funds in this reserve;
4. Make available to all Councillors under confidentiality arrangements the contents of any verbal or written agreement between Liverpool and MICL or any other authorities in relation to the ex-gratia payment; and
5. Provie a confidential report at Council’s April 2022 meeting outlining all funds received and expensed under this agreement in the period 1 January 2017 to 30 June 2022.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 05 |
Mountain Bike Racing Track |
Strategic Direction |
Creating Connection Create a dynamic, inclusive environment, including programs to support healthy living |
File Ref |
043431.2022 |
Author |
Karress Rhodes - Councillor |
Background
Liverpool has recently been made aware of illegal mountain bike racing tracks being built in the Liverpool LGA
This illegal activity has shown the passion and interest within the community for this growing Olympic sport. It has also enabled Council to locate the areas within the LGA where the interest in this emerging sport is most prominent.
Mountain bike racing is one of the fastest growing national sporting interests with enthusiasts travelling throughout Australia to compete in national and international championship events. As a sport it is greatly contributing to the visitor economies in areas where these events are held.
By investing in the infrastructure for mountain bike racing tracks Council is encouraging Liverpool young people who may one day be representing Australia at the Olympic games whilst encouraging health exercise Council would be providing additional youth infrastructure that will have far reaching effects such as decreasing vandalism and improving the mental and physical health of our young constituents.
The Western Sydney Sports Academy of which Liverpool is a member already has current programs that Liverpool could link into which creates pathways for participants towards professional careers and to achieve their maximum potential.
The positives to Liverpool, the positives for our residents, the opportunity to engage in the Western Sydney Sports Academy programs and the opportunity to become a part of national competitions and championships would not only contribute to Liverpool’s visitation economy but also assist the hospitality sector which is identified as one of the most COVID hit sectors in our Liverpool economy.
By increasing our visitor economy, we assist all business in the Liverpool LGA.
Investing in mountain bike racing track/s is a benefit to the entire Liverpool LGA.
That Council
1. Identifies suitable land within the Liverpool LGA that might accommodate the establishment of mountain bike racing tracks;
2. Engage with the Western Sydney Academy of Sport and community mountain bike racing clubs and enthusiasts; and
3. Include the provision of mountain bike racing track/s into the processes of the Big Plan for costing for further consideration of Council.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 06 |
Pre-existing projects for inclusion into the Big Plan considerations |
Strategic Direction |
Creating Connection Create a dynamic, inclusive environment, including programs to support healthy living |
File Ref |
043432.2022 |
Author |
Karress Rhodes - Councillor |
Background
As resolved at the previous Liverpool Council meeting, it is necessary that all the items either new or pre-existing be included into the Big Plan in order for all items to be considered into the strategic plans, budget considerations and in terms of priority of delivery.
That Council include in the Big Plan consideration for the already initiated projects of:
1. The Collingwood Visitation Precinct; and
2. The Liverpool Animal Shelter.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 07 |
Government Grants and Funding |
Strategic Direction |
Leading through Collaboration Seek efficient and innovative methods to manage our resources |
File Ref |
043433.2022 |
Author |
Karress Rhodes - Councillor |
Background
With the Federal Government elections looming it is imperative that Liverpool Council maximises all opportunities to acquire government grants and funding for all political parties.
It is evident that there is great opportunity for Liverpool Council to maximise their government grants and funding particularly in the next few years as government elections are held.
Liverpool Council currently has only a small team delegated with this task, and to take full advantage of the opportunities Liverpool Council needs to make sure we have the capacity at Council to maximise our need to increase revenue through whatever means available to us.
Liverpool Council does need to be able to address budget concerns and it is noted that other proactive Councils are already looking at and implementing other ways to increase Council revenue without impacting on rate payers.
COVID and other economic conditions has possibly created new economic realities for Council that necessitates Council to concentrate as much attention and funds as is possible to address the need and opportunity to increase revenue for Liverpool Council that does not negatively impact on our constituents.
That Council:
1. Make provision to increase and improve Council’s opportunities to attain funding and grants;
2. Investigate and initiate any other legal additional means that Council might increase revenue without negative impact on ratepayers;
3. Invest immediately from general revenue $160,000 to improve and expand Liverpool Council grants and funding processes; and
4. Further allocate in the new financial year budget from general revenue a further $480,000 to assist points 2 and 3 above.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 08 |
Council contract budget concerns |
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
File Ref |
043434.2022 |
Author |
Karress Rhodes - Councillor |
Background
There have been recent concerns raised to Councillors in regards to contracts awarded for subcontract work, that has impact on the Liverpool Council budget.
That Council:
1. Provide a workshop opportunity ASAP to raise issues in context to the budget of Council in regards to subcontract contracts awarded for park maintenance and bush regeneration; and
2. Make available to Councillors under confidentiality agreement contracts awarded from 2016 to 2022 for parks maintenance and bush regeneration.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 09 |
Potholes |
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
File Ref |
043918.2022 |
Author |
Richard Ammoun - Councillor |
Background
Unfortunately, there are too many potholes on our roads. Throughout the election campaign many of our residents wanted Council to focus on this core function. This motion calls on Council to identify all the potholes immediately and fix them as a matter of priority.
That Council:
1. Immediately undertake an audit of all Council roads identifying all potholes;
2. Report back to council asap with cost to fix/patch them and timeline; and
3. Acknowledge that local roads are Council’s responsibility and provide the adequate level of funding in the next budget to deliver a level of service the community expects.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 10 |
Name Suggestion for Unnamed Bridge |
Strategic Direction |
Leading through Collaboration Encourage community participation in decision-making |
File Ref |
044128.2022 |
Author |
Karress Rhodes - Councillor |
Background
I have been asked by a constituent if it would be possible to name the bridge that currently has no name on Kurrajong road that connected Carnes Hill be called “Harry Hunt Memorial Bridge”?
That Council recommend that the bridge on Kurrajong Road that connects Carnes Hill be called Harry Hunt Memorial Bridge.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 11 |
Michael Wenden Aquatic Centre Upgrade |
Strategic Direction |
Creating Connection Provide community facilities which are accessible to all |
File Ref |
044226.2022 |
Author |
Melhem Goodman - Councillor |
Background
Council previously engaged @Leasure Planners to undertake a ‘Liverpool Aquatic and Leisure Centres Strategy’.
This strategy is current and dated 19/07/2019.
The strategy looked at current centres operated by Council and also the need for centres in the future to meet the growing population needs.
In particular the findings for the Michael Wenden Aquatic & Leisure Centre were as follows:
· The current catchment has 69,279 people and is estimated to grow to 72,087 by 2026
· Unmet demand for swimming could be as high as 530,525 visits annually growing to 537,400 by 2026
· Unmet demand for sports courts at Wenden could be as high as 168,600 visits annually growing to 173,400 by 2026.
· Current annual visitations exceeds CERM benchmarks for like facilities
Amongst other things it also looked at short and long term strategies as well as recommendations as below:
Short Term Development and Location Strategy
· Consider the centre as part of Miller Town Centre Master Plan - Master plan centre for the long term and consider design that incorporates a PCYC
· Add 2-3 basketball/ netball compliant courts in the short term, to cater for club competition sports
Long Term Development and Location Strategy
· Demolish centre, except existing courts and splash park
· Rebuild on the same site as a district level centre
Actions
Planning
3.1 Include the existing Wenden Centre and PCYC as part of Miller Town Centre Master Plan.
3.2 Prepare a master plan for the redevelopment of Wenden on the existing site, integrating PCYC services and facilities.
3.3 Ensure a differentiated pricing and market focus between Whitlam and Wenden. Wenden should be more leisure and social equity focused.
3.4 Retain the existing sports courts and splash park, while demolishing and redeveloping other components. Include additional indoor 8 lane and warm water pools, outdoor leisure and aquatic play facilities and 2 additional sports courts. Consider the addition of a small allied health area and facility components as per The Strategy in Chapter 10.
Funding
3.5 Partner with PCYC in the redevelopment of facility, on the basis of some capital contribution 2019/20.
3.6 Monitor additional funding opportunities through federal and state government funding sources
3.7 Offer contract management of this centre in conjunction with Whitlam, Clarke and any new centre in the outer west as a package, to a single management entity to maximise economies of scale and program differentiation.
3.8 Develop a draft agreement for long term management of the centre in conjunction with PCYC and Council’s contract management group.
3.9 If space permits and following master plan, seek allied health provider for centre to provide physiotherapy and rehabilitation services with contribution to facility fit out.
My understanding is that this centre has been included as part of the Miller Town Centre Master Plan.
As stated in the report the unmet demand is extremely high and continues to increase as the population increases.
The Centre is a key asset for Council and the community which it services deserve a modern upgraded facility. Given that Councillors have not yet had the opportunity to be briefed on what progress has been made I have no doubt the A/CEO’s comments to this motion will quickly bring us all up to date.
In saying that the following is proposed:
That Council direct the A/CEO to:
1. Immediately engage a suitably qualified organisation to start the planning process to either demolish and rebuild or renovate & expand the Michael Wenden Aquatic Centre;
2. Consult with the elected body from the start of planning to delivery;
3. Consult with the community during the planning process;
4. Enter negotiations with relevant partners not limited to those mentioned in point 3.5 under funding; and
5. Present a timeline to Council at the next ordinary meeting for this project from the start of the planning process to delivery subject to funding.
0
Ordinary Meeting
23 February 2022
Notices of Motion
NOM 12 |
Assisting the Liverpool Chamber of Commerce to Support the Liverpool Business Economy |
Strategic Direction |
Generating Opportunity Attract businesses for economic growth and employment opportunities |
File Ref |
044444.2022 |
Author |
Karress Rhodes - Councillor |
Background
Liverpool Chamber of Commerce is a valuable NFP coordinator and service provider to the Liverpool business community.
The Chamber encourages and welcomes new business into the Liverpool LGA, that thereafter contributes to the Liverpool economy and further contributes to increasing local employment.
The Chamber has worked successfully with Council in many ways for as long as I can remember, however having once been the Secretary for the Chamber before 2016 and my first being elected to Council, I am aware of a Councillor's table being an automatic inclusion at their once a month guest speaker meetings.
As previous Secretary to the Chamber I know how important a regular Councillor table of attendance assists the Chamber meetings to encourage business in Liverpool.
Having Councillors in attendance assists the Chamber to attract a high calibre of guests speakers which in turn increases membership and non-member attendance.
Having Councillors in attendance enables local business to address issues enabling Councillors to have greater understanding of not only the issues some businesses face but it also sends a powerful message to businesses in attendance or that are contemplating starting business in the Liverpool LGA that Council is genuinely supportive and proactive in their support of local businesses.
In previous years Council would book the Chamber table under the Council membership, that would invite a combination of Councillors and Directors, with the condition that if people booked into the event but failed to attend, they would have to repay Council the attendance cost.
Since 2020 local businesses have been seriously impacted by COVID, a Councillor table will help the business economy to recover.
And as such there has never been a better time for Council to reinstate the guaranteed Councillor attendance at the Chamber meetings.
It will assist the Chamber to attract new businesses into our LGA and attract new and exciting Guest speakers.
It will assist in increasing local employment.
It will assist in greater communication between Council and the Business community.
It will help to grow Liverpool's Business economy.
That Council:
1. Reinstate the automatic practice of booking a Councillor table at the Liverpool Chamber of Commerce, Guest speaker monthly meetings;
2. The table be named and known as The Harry Hunt OAM table in recognition and honour of Harry Hunt OAM as the Liverpool Chamber's longest serving President and in memory of Harry's remarkable service and advocacy for Liverpool;
3. The table to be booked under Liverpool Council's Liverpool Chamber of Commerce membership; and
4. Condition of non-attendance after booking to be the financial responsibility of those people who accepted, but who failed to attend.
[1] Westpac’s Australia and New Zealand Weekly – Week beginning 7 February 2022.
[2] Grandfathering is a provision in the Ministerial Investment Order (12 January 2011) that allows Council to hold investments which would otherwise be non-compliant with Council’s new Investment Policy and the Ministerial Investment Order.
[3] Westpac’s Australia and New Zealand Weekly – Week beginning 7 February 2022.