Agenda of Ordinary Meeting - Wednesday, 26 October 2022

Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

National Anthem

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 28 September 2022............................. 7

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Chief Executive Officer Report

CEO 01 Lobbying Policy 71 1

CEO 02 Draft Community Engagement Strategy and Revised Community Participation Plan 2022 88 2

CEO 03 Tabling Annual Pecuniary Interest Returns for Councillors and Designated Persons 92 3

CEO 04 Code of Meeting Practice - Proposed changes 95 4

CEO 05 Investment Report September 2022 101 5

CEO 06 2021-2022 Annual report 112 6

CEO 07 Council Committee Governance review 115 7

CEO 08 Annual Financial Reports 2021-22 123 8

Planning & Compliance Report

PLAN 01 Leppington Town Centre Rezoning Review 126 9

PLAN 02 Post exhibition report - Amendment 95 to Liverpool Local Environmental Plan 2008 - Schedule 5 Environmental Heritage 136 10

PLAN 03 Quarterly Report - Clause 4.6 Variations to Development Standards 142 11

Community & Culture Report

COM 01 Draft Social Impact Assessment Policy and Guidelines - Bi-annual Review 148 12

COM 02 Installation of Synthetic Cricket Wickets funded under Cricket NSW Infrastructure Grant (2022) 152 13

Corporate Services Report

NIL

City Presentation Report

PRES 01 Chain of Responsibility - Telematics 157 14

PRES 02 Road Surface Technology Report 160 15

Infrastructure & Environment Report

NIL

Economy & Commercial Development Report

NIL

Committee Reports

CTTE 01 Minutes of the Environment Advisory Committee Meeting held on 15 August 2022 165 16

CTTE 02 Minutes of the Community Safety & Crime Prevention Advisory Committee meeting held on 1 September 2022 175 17

CTTE 03 Minutes of the Aboriginal Consultative Committee meeting held on 1 September 2022 183 18

CTTE 04 Minutes of the Liverpool Local Traffic Committee meeting held on 21 September 2022 192 19

Questions with Notice

QWN 01 Question with Notice - Clr Hagarty - Staff Vacancies 197 20

QWN 02 Question with Notice - Clr Green - NSW Multicultural Network and Anti-Racism Working Group 199 21

QWN 03 Question with Notice - Clr Green - Deed of Agreement between Council and Gandangara Land Council 203 22

QWN 04 Question with Notice - Clr Macnaught - Accessible toilet facilities in the LGA 205 23

QWN 05 Question with Notice - Clr Macnaught - Hammondville Park soccer facilities 207 24

QWN 06 Question with Notice - Clr Kaliyanda - Parking for Nurses and Hospital Staff 209 25

Presentations by Councillors

Notices of Motion

NOM 01 Employment of Apprentices & Trainees by Council 211 26

NOM 02 Solidarity with the Iranian People 215 27

NOM 03 Protection of Ecologically Significant Land 217 28

Council in Closed Session

The following items are listed for consideration by Council in Closed Session with the public excluded, in accordance with the provisions of the Local Government Act 1993 as listed below:

CONF 01 Minutes of the Strategic Panel meeting held on 9 August 2022

Reason: Item CONF 01 is confidential pursuant to the provisions of s10(A)(2)(c) (d i) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 02 Question with Notice - Clr Macnaught - Status of the VPA - New Brighton Golf Club, Brickmakers Drive, Moorebank

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

CONF 03 Schedule of Contracts Awarded 2022-23 - Q1 Ended 30 September 2022

Reason: Item CONF 03 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 04 Legal Affairs Report

Reason: Item CONF 04 is confidential pursuant to the provisions of s10(A)(2)(c) (e) (g) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND information that would, if disclosed, prejudice the maintenance of law; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

CONF 05 Legal Affairs Report - Charles Street

Reason: Item CONF 05 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 06 Potential site aquisition for proposed depot

Close

Text

Description automatically generated with medium confidence

MINUTES OF THE Ordinary Meeting

HELD ON 28 September 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

Ms Tina Bono, Director Community & Culture

Mr David Smith, Director Planning & Compliance

Mr Raj Autar, Director Infrastructure & Environment

Ms Julie Scott, Acting Director Economy & Commercial Development

Mr Terry Bilal, Acting Director City Presentation

Mr George Hampouris, Head of Audit, Risk and Improvement

Mr David Galpin, General Counsel, Manager Governance, Legal and Procurement

Ms Ellen Whittingstall, Internal Ombudsman

Mr Vishwa Nadan, Chief Financial Officer

Mr John Lac, Manager Infrastructure Delivery

Ms Lina Kakish, Acting Manager Property Service

Mr John Milicic, Manager Property Service

Mr George Georgakis, Manager Council and Executive Services

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

The meeting commenced at 2.00pm.

Prayer

STATEMENT REGARDING WEBCASTING OF MEETING

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

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION

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

NATIONAL ANTHEM

The National Anthem was played at the meeting.

APOLOGIES

Nil.

CONDOLENCES

The Mayor read out a condolence for Queen Elizabeth II as shown below.

On the 8^th of September, the Queen, the monarch of Australia Queen Elizabeth II passed away.

Elizabeth II was the Queen of England the United Kingdom and the Commonwealth realms from the 6th of February 1952 until her death in 2022. She was the queen of 32 sovereign states during her lifetime and 15 at the time of her death. Her reign of 70 years and 214 days is the longest of any British monarch and the longest verified reign of any female sovereign in history.

Elizabeth was born in Mayfair London as the first child of the Duke and Duchess of York, later King George VI and Elizabeth the Queen Mother. Her father acceded to the throne in 1936 upon the abdication of his brother King Edward the VIII, making Elizabeth the heir presumptive. She was educated privately at home and began to take public duties during the Second World War serving in the auxiliary territorial service. In November 1947 she married Phillip Mountbatten a former Prince of Greece and Denmark and their marriage lasted 73 years until his death in 2021. They had four children, Charles, Anne, Andrew, and Edward.

When her father died in 1952 Elizabeth, then 25 years old, became the queen of seven independent Commonwealth countries, the United Kingdom, Canada, Australia, New Zealand, South Africa, Pakistan, and Ceylon, known today as Sri Lanka. As well as the head of the Commonwealth Elizabeth reigned as a constitutional monarch through major political changes such as the troubles in Northern Ireland, the devolution in the United Kingdom, the decolonization of Africa, and United Kingdom accession to the European communities and withdrawal from the European Union. The number of her realms varied over time as territories gained independence and some realms became republics. As Queen Elizabeth was served by more than 170 prime ministers across her realms. Her many historic visits and meetings including state visits to China in 1986, to Russia 1994, the Republic of Ireland in 2011 and meetings with five popes.

Significant events included Elizabeth’s coronation in 1953 and celebrations of her silver, gold, diamond and platinum jubilees in 1977, 2002, 2012 and 2022 respectively. Queen Elizabeth died on the 8th of September in 2022 at Balmoral castle in Aberdeen Shire at the age of 96 and was succeeded by eldest son Charles III, now King Charles III. While what has been a very sad time for us here, as her subjects in Australia we acknowledge her contribution to Australia and to the Commonwealth and we all, as many in the world, are sad at this time of her death.

The Queen is dead, long live the King.

A one minute silence was then observed for Queen Elizabeth II.

Confirmation of Minutes

Motion: Moved: Clr Hadid Seconded: Clr Macnaught ty

That the minutes of the Ordinary Meeting held on 31 August 2022 and Extraordinary Meeting held on 15 September 2022 be confirmed as a true record of that meeting subject to the following change to the Ordinary Meeting minutes held on 31 August 2022:

NOM 01 – Accounting Treatment of Rural Fire Service ‘Red Fleet’ Assets on pages 54 to 56 of the Council Agenda for 28 September 2022.

Councillor Macnaught moved a Foreshadowed Motion which Clr Hagarty was happy to accept into his motion (page 56). However, Clr Macnaught’s name remained as the mover of the Foreshadowed motion which was carried. Clr Hagarty has since received advice from the Office of Local Government that the motion should have been in his name as the mover since he had accepted the change. Therefore the minutes to be amended to show the Foreshadowed motion as Clr Hagarty’s motion and Clr Hagarty as the mover.

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

Declarations of Interest

Clr Goodman declared a pecuniary interest in the following item:

Item: NOM 01 – Private Certifiers.

Reason: Clr Goodman’s brother is a private certifier.

Clr Goodman left the Chambers for the duration of this item.

Public Forum

Presentation – items not on agenda

1. Ms Kerrie Fitzgibbon addressed Council on the following item:

DA matter.

Representation – items on agenda

Nil.

MAYORAL REPORT

Nil.

MOTION OF URGENCY

Clr Kaliyanda requested Mayor Mannoun accept a Motion of Urgency relating to Matched Funding for Cricket Facilities.

In accordance with Clause 9.3 of Council’s Code of Meeting Practice, the Chairperson Mayor Mannoun, ruled the above matter as urgent and as such it was dealt with at this Meeting as shown below.

Item No: MOU 01

Subject: Matched Funding for Cricket Facilities

It has recently come to my attend that the demand for cricket pitches in the Liverpool LGA is so high we now have a waiting list for community sporting groups who have expressed interest in using Council facilities.

The last 3 seasons of sport, particularly summer sports have been severely impacted by the COVID-19 pandemic, significant rain/flooding and bushfires. Many Liverpool Council facilities are further impacted during rain/flooding as they are located along flood detention basins, or are not synthetic as synthetic facilities are able to be used in the event of prior rain activity.

Liverpool Council has been awarded approximately $40,000 in a dollar-for-dollar matched grant by Cricket NSW for the development of 3 synthetic cricket pitches in the Liverpool LGA. These are: Clinches Pond Reserve, Australis Park and Ireland Park. However, due to existing constraints, Ireland Park has been identified as not suitable and an alternative is being organised.

In order to meet the requirements of the grant, Council would need to approve $39,600. This requires a variation from the current budget. While there is some due diligence such as soil testing etc that Council will need to undertake, no DA is required so end to end this should be able to be executed within around 6-8 weeks depending on contractor availability, and assuming no environmental restraints. This will mean that the Liverpool community would have 3 synthetic cricket pitches that could be utilised by early next year, easing the pressure on our local community sporting organisations during the peak Cricket season.

If a decision on this is delayed, it would not only mean that the facilities will not be complete in time for the period of most demand/need, but that the cost of these works could potentially increase given the rising cost of materials and labour currently. The funding must be spent prior to the end of the financial year.

The benefits of social connection and physical activity are well known and understood by all, especially in the post COVID world. We should, as Council, continue to support our community by providing much needed facilities in a timely manner.

Recommendation:

That Council:

Approve funding to match the dollar for dollar matching grant from Cricket NSW of $39,600 for 3 cricket pitches:

- Clinches Pond

- Australis Park

- Suitable identified alternative to Ireland Park

Commence procurement and works as soon as practicable to ensure the facilities are delivered by the end of the year.

Investigate Council policy and processes to ensure that grant-funded projects are fast-tracked and supported for delivery.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Hagarty

That Council:

Provide in principle support to match the dollar for dollar matching grant from Cricket NSW of $39,600 from the general funds for 3 cricket pitches:

- Clinches Pond

- Australis Park

- Suitable identified alternative to Ireland Park

Bring back to the October 2022 Council meeting a report on the cost expenditure and the costs associated with this work.

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

Chief Executive Officer Report

ITEM NO: CEO 01

FILE NO: 296936.2022

SUBJECT: NSW Grants Commission - Financial Assistance Grants Policy

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.

RECESS

Mayor Mannoun called a recess at 3.28pm

Mayor Mannoun resumed the meeting at 3.49pm with all Councillors present.

Questions with Notice

ITEM NO: QWN 01

FILE NO: 316103.2022

SUBJECT: Question with Notice - Clr Hagarty - Speed and Red Light Cameras

Please address the following:

1. Have any additional speed and red light cameras been installed in the Liverpool LGA since 2020?

2. If so, where?

3. Are Council informed of new speed and red light cameras prior to their installation?

Response (provided by Planning & Compliance)

Transport for NSW's Centre for Road Safety manages fixed speed and red light speed cameras. Fixed speed cameras are installed at sites that meet criteria developed by Transport for NSW Centre for Road Safety in consultation with NRMA and the NSW Police.

Fixed speed cameras are used in high-risk locations/areas with a history of severe crashes. Fixed digital speed cameras operate because of their proven ability to deter drivers from speeding at specific high-risk locations, thereby reducing crashes and preventing deaths and injuries.

Red light speed cameras are installed at high-risk intersections to help reduce crashes. They record when a vehicle speeds or runs a red light.

Red-light speed cameras detect the speed of vehicles by using detectors embedded into the road surface or radar technology. Red-light speed cameras also detect vehicles travelling over the stop line or entering the intersection after the lights have turned red.

The Centre for Road Safety’s website has information on locations and dates of the installations of the recent cameras. The table below provides information on speed and red light cameras in the Liverpool LGA.

Red Light Cameras
Suburb	Location	Date of Recent Installations
Liverpool	Copeland Street / Hume Highway and Elizabeth Drive
	Hume Highway and Hoxton Park Road
	Memorial Avenue and Bathurst Street
	Moore Street and Bathurst Street
Hoxton Park	Hoxton Park Road and Cowpasture Road	Added September 2019
Prestons	Camden Valley Way and the M5 South Western Motorway	Added July 2022
Warwick Farm	Hume Highway and Bigge Street
Warwick Farm	Hume Highway and Mannix Parade	Added July 2018

Fixed Speed Camera – School Zone
Liverpool	Bigge Street, between Elizabeth Drive and Campbell Street

The above Information indicates that since 2020, one new red light camera has been installed in the Liverpool LGA.

Council was not advised before the installation of the camera. However, in August 2021, Council was advised that new speed cameras and signs would be installed throughout the state. The information was part of a media release by the then Transport Minister. The advice did not provide information on timing or location of cameras.

ITEM NO: QWN 02

FILE NO: 316657.2022

SUBJECT: Question with Notice - Clr Harle - Compliance Matters

Please address the following:

1. Elouera – 31 Greendale Rd Bringelly.

a. Could a report be provided regarding the information that led to the investigation of Elouera (31 Greendale Rd Bringelly) outlining Council’s action and status of the matter?

2. YADA – 10 Anderson Ave Liverpool

a. Could a report be provided regarding complaints and investigations that led to enforcement action for the use of 10 Anderson Ave Liverpool by YADA. Could the report also indicate whether YADA is now compliant?

Response (provided by Planning & Compliance)

1. Elouera – 31 Greendale Rd Bringelly.

· On 10 February 2021, Council received a complaint regarding the importation of large amount of fill material onto the property.

· Council officers inspected the property and confirmed that fill material had been imported by the tenant and that the use of the property had no development consent.

· A notice and order were issued to the owners of the land to remove the unauthorised soil and a stop use order was issued to the tenant to cease the unauthorised use as a horse rescue.

· The tenant alleged that the fill was required to deal with stormwater discharge from 80 Greendale Rd (property situated in Camden Council LGA).

· Council’s Compliance Officer notified Camden Council of the allegation by the tenant that their property was being affected by stormwater from 80 Greendale Rd. Camden Council notified Liverpool Council that no adverse water runoff was observed, and their investigation had been closed.

· To assist the tenant, Council’s investigating officer and management met with representatives of Elouera Horse Rescue & Rehabilitation in relation to options moving forward, including the option to lodge a development application seeking to retain the imported fill materials and approve the use of the premises.

· Numerous extensions of time were given to the tenant to prepare documentation to submit a development application. In total, six months of extension was given.

· On 3 December 2021, Development application DA-1410/2021 was lodged for use of the property as veterinary hospital and for the authorization of imported fill.

· The development application is currently under assessment. A request for further information was sent to the applicant who is yet to provide all of the requested information. However, in the meantime, the unauthorised use is continuing as Council has put the compliance matter on hold while the development application is being assessed.

2. YADA – 10 Anderson Ave Liverpool

· There have been over 9 complaints received by Council since 2002, regarding the unauthorised use of the premises, unhygienic conditions of the premises and accumulation of rubbish.

· Council officers over the years commenced investigation but did not complete the enforcement action required to achieved compliance. The premises continued to operate as a recycling business.

· On 26 March 2019, Council received a complaint from a member of the public regarding the use of the premises for recycling waste.

· An inspection was carried out by Council Compliance officers with the inspection revealing the site was being used for a commercial purpose including collection of waste materials for recycling, storage of waste on the footpath, trucks associated with the business parked in nearby streets and machinery to package Styrofoam. The inspection also revealed that large covered awnings had been constructed across the property without approval (refer to photos).

· On 31 May 2019, Council issued a Notice of Proposed Stop Use Order and Demolish Works Order in relation to the use of the premises as a waste or resource management facility and the unauthorised awnings.

· The property is zoned R4 High Density Residential under the LEP and the use of the property for commercial use is prohibited.

· On 26 June 2019, YADA wrote to Council advising that they were willing to comply and amongst other matters: stop any household collections and commence clean-up of premises, including the removal of all goods on premises that relates to recycling and selling off remaining stock and reduce the size and coverage of the awnings so that an application can be submitted.

· Having not complied with the Notice, on 18 September 2019, Council issued a Stop Use Order and Demolish Works Order with an expiry date of 28 days.

· On 22 January 2020, Council’s Compliance officer contacted YADA seeking an update on the outstanding matters. No response was received.

· On 5 March 2020, Council’s Compliance officer issued a 7 day Final Warning to YADA in respect of the non compliance with the Order.

· On 26 March 2020, YADA advised Council’s Compliance officer that they have ceased accepting recycled materials and are in the process of having plans drafted in order to lodge applications for the unauthorised awnings.

· On 13 May 2020, the matter was referred to Council’s Legal Services team for further action as a result of non compliance with the Order.

· On 4 November 2021, Council’s Compliance officer carried out an inspection of the premises which revealed that the unauthorised awnings remained in place, the premises was being used as an “op shop” where household goods are picked up by YADA, sorted and then displayed for retail sale to members of the public and the dwelling house was not being used as a habitable dwelling and now comprises office and storage only.

· Council’s Legal Services team issued 2 Court Attendance Notices to YADA. (Fail to Comply with Development Control Order & Development without development consent).

· On 28 April 2022, Council’s Compliance officer carried out a further inspection of the premises which revealed that the alleged offences were continuing.

· On 2 May 2022, the matter was mentioned at Liverpool Local Court and stood over until the 16 May 2022.

· On 4 July 2022, YADA pleaded guilty for the offence of Fail to Comply with Development Control Order and not guilty for the offence of development without development consent.

· On 20 July 2022, meeting held with YADA, A/CEO and Director Planning and Compliance to discuss the requirements they need to undertake to regularise the use of the property as a home business and that a meeting with Council planning and building staff would be arranged to further discuss these requirements.

· On 25 July 2022, Council’s Legal Services team withdrew both Court Attendance Notices against YADA and the proceedings were discontinued.

· On 25 July 2022, YADA representative met with Council planning and building staff in relation to options moving forward. This included YADA advising that they would be relocating their commercial operations to Ingleburn NSW and that they would like to carry out some material storage, vehicle parking and office activities on the site as well as to retain portions of the awnings.

· On 24 August 2022, Council wrote to YADA outlining the outcome of the meeting including providing a number of options which would allow YADA to undertake certain activities upon the premises, subject to relevant consents.

· To date YADA has not responded to Council’s recent correspondence. The unauthorised works remains on site including continuation of the unauthorised use. Staff are following up a response from YADA.

Photos

ITEM NO: QWN 05

FILE NO: 318279.2022

SUBJECT: Question with Notice - Clr Rhodes - The NSW Anti-Racism Working Group, an initiative of the Local Government Multicultural Workers’ Network Campaigns

Background

A motion was resolved at the Council meeting of 28 April 2021 - Racism Not Welcome Here.

At the recent Safety Committee, the NSW Anti-Racism Working Group, an initiative of the Local Government Multicultural Workers’ Network made a presentation on a campaign “Safe Here” that included Liverpool Council staff participating in a video supporting the Safe Here campaign, and outlined the campaign that seemed to be the same as their previous ambitions as presented at the 28 April Council Meeting titled Racism Not Welcome Here.

The previous motion from 28 April 2021 appears below:

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Hagarty

That Council:

1. Note the recent, alarming rise of racism in our community;

2. Receive further information about the “racism not welcome” campaign and continue to encourage advocacy and promotion of the campaign in the local area;

3. Join the NSW Anti-Racism Working Group, an initiative of the Local Government Multicultural Workers’ Network; and

4. Receive a report with recommendations on how the campaign can be implemented.

Questions and Responses (responses provided by Community & Culture for questions 1-4 and Economy & Commercial Development for questions 5-8)

1. Was a further report receive as requested in point 2 and point 4 of the above motion?

The Notice of Motion noted above was resolved at the Council meeting on 31 March 2021 and a report was submitted to the Council meeting of 25 August 2021.

2. If such reports were received were they presented to Council and if so when?

Yes, a report was presented to the Council meeting on 25 August 2021. The report highlights that

“Council’s focus in preventing racism and discrimination has been to invest in building social capital through systems and networks; enhancing the community’s capacity and resilience through projects and the provision of services; and sharing positive stories and messages which encourage acceptance and inclusion.”

The report recommended:

“That Council does not join the ‘Racism Not Welcome’ campaign; rather, continues to work collaboratively on positive community messaging, programs and activities that highlight Liverpool’s uniqueness and cultural diversity.”

3. Could Councillors have a copy of the reports requested in the above motion?

A copy of the report is attached to this response for the information of Councillors.

4. Did Council continue to encourage advocacy of “THE” campaign and if so, what was that campaign?

As noted above, Council did not join the campaign.

5. Did Council approve the “Safe Here” campaign before the organisation presented it to the Safety Committee of Council?

It is understood that the video as created is still in a ‘trial and development stage’ or draft stage so has not been officially approved by Council

6. Did Council check with the Local Police Command on any safety statistics of the Liverpool CBD before approving the Safe Here campaign as presented in its intention to be roll out in the Liverpool CBD?

Local Police Command have supported the program “in principle” and were present during development stages which included the initial stakeholder meeting.

7. Did Council check the intended messaging of the “Safe Here” campaign for any conflict of Council’s advocacy of the Liverpool CBD and our long-term strategies?

The intended message proposed to Council staff essentially was aimed at equipping local businesses with resources and knowledge on how to deal with situations relating to community safety and to further encourage business owners to create safe spaces. The aim being to further support a vibrant night-time economy, business collaboration and public safety.

8. Did Council authorise Council staff to appear in the “Safe Here” video presented to the recent Safety Committee?

The dialogue contained in the video was approved via the normal communications approvals pathways within Council, however staff were unaware of the draft video as presented to the recent Safety Committee Meeting.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Macnaught

That Council cancel their membership and engagement with the NSW Anti-Racism Working Group, an initiative of the Local Government Multicultural Workers’ Network campaigns, so as to avoid being negatively impacted by their agendas that are not in the best interest of Liverpool and outside the Strategic directions of Council.

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

Division:

Vote for: Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Macnaught, Clr Rhodes and Clr Hadid.

Vote against: Clr Green, Clr Hagarty, Clr Harle, Clr Kaliyanda and Clr Karnib.

Note, Clr Harle did not vote for or against the motion and is therefore recorded as having voted against the motion in accordance with Clause 11.4 of Council’s Code of Meeting Practice which states:

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

Clrs Kaliyanda and Green left the Chambers at 4:12pm.

Presentations by Councillors

Two presentations were made to Council.

Clr Rhodes made the following presentation:

1. WSROC Report

This year WSROC has undergone a structural change by developing two advocacy groups for WSROC, the Central City and the Western City.

I have been elected vice president of WSROC and Chair of the Western City Advocacy Group.

We held our first Western Sydney Advocacy Group meeting via zoom on the 18^th July 2022.

At that meeting we confirmed and created new issues requiring WSROC advocacy.

We reaffirmed Urban Heat/Climate Change issues including the Cool suburbs tool: Urban Heat Planning toolkit: Climate resilient tools: and assessing the BASIX thermal standards for homes to address possible extremes in temperature.

Energy efficiency including endorsing the EV Fleet transition and charging pod rollout: Street light LED exchange:100% renewable Power Purchase Agreement

Regional Waste Strategy including forums on how household organics waste services in apartment buildings might update planning controls in commencement of the new Household services: and running litter management and illegal dumping prevention campaigns; and the Love Recycling campaign to assist residents to recognise soft plastics and sort them out to reduce recycling contamination.

Finally we have been successful in gaining WSROC advocacy for place based Tourism opportunities which is very significant for Liverpool and Cities surrounding the new Liverpool airport due to open in 2026

A more recent agenda item submitted by Western City advocacy was for a possible employment platform available to all member Councils to address staff shortages.

The Western City Advocacy enables any Councillor not only those Councillors elected to the WSROC Committee to submit any issues for consideration for inclusion onto the Western City Meeting Agenda.

Councillors elected to the WSROC Board must have a Business number and realising not all Councillors are not prepared to commit to doing so, I advocated to permit all Councillors not elected to the WSROC Committee to be able to submit issues and ideas to the Western City Advocacy committee and to attend our meetings as guests.

And therefore it is now possible for all Councillors to attend our meetings as guests, particularly to advocate for any submitted agenda item.

Through greater attendance at meetings with all Councillors contributing their ideas, Liverpool has a unique opportunity to maximise its advocacy through WSROC.

We know the issues of South West Sydney, it is our job to advocate through WSROC for favourable and beneficial outcomes for our LGA and that of the Western City.

I am aware that some Agenda items have already been submitted from Liverpool Councillors for the next Western City Advocacy meeting on Thursday 28^th October via Zoom from 6-7pm and I thank you for your participation.

Clr Rhodes would also like to advise that Liverpool City Council will be hosting the next WSROC Board of Directors Meeting to be held Thursday 17^th November at Casula Powerhouse Arts Centre at 6.00pm and Clr Rhodes hopes all Liverpool Councillors will attend.

2. Medal presented by Southern Districts Soccer Football Association

Clr Hagarty presented on an approval of a grant that Council made to the Southern Districts Soccer Football Association in which Liverpool Olympic won the under 13 boys knockout competition. Two medals were presented to Clr Hagarty from the Association as gratitude for the $5,000 which Council donated.

Clr Goodman left the Chambers at 4:16pm.

Clr Kaliyanda and Clr Green returned to the Chambers at 4:24pm.

Notices of Motion

ITEM NO: NOM 01

FILE NO: 316680.2022

SUBJECT: Private Certifiers

NOTICE OF MOTION (Submitted by Clr Hagarty)

That Council:

1. Commence a campaign to lobby the NSW Government for amendments to the relevant legislation to increase the accountability on development and building sites under the control of private certifiers through greater industry regulation and enforcement;

2. Undertake the following to address the issue:

· Review the information on our website in relation to construction activity and certification to ensure the information is comprehensive, in plain English and clearly outlines the avenues the community member can follow if they have concerns with a site managed by a private certifier;

· Commence a campaign to lobby for greater penalties and regulation of certifiers;

· Request from the Minister the expansion of the penalty notice offence categories and agencies that can issue fines on private certifiers e.g. Council currently cannot issue fines on certifiers who breach DA conditions requiring the payment of fees or the provision of information prior to issuing a Construction Certificate;

· Request from the Minister for the role of the Office of the Building Commissioner be expanded from just residential apartment buildings to include all types of residential accommodation; and

3. Seek the assistance of other Councils in this campaign through LGNSW and WSROC

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Harle

That the recommendation be adopted.

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

Foreshadowed motion: Moved: Clr Rhodes Seconded: Clr Ammoun

That Council:

Review the information on our website in relation to construction activity and certification to ensure the information is comprehensive, in plain English and clearly outlines the CURRENT avenues the community member can follow if they have concerns with a site managed by a private certifier;

Hold a workshop to consider new strategic directions regarding the approval process and compliance of developments in the Liverpool LGA where we consider amongst other things:

· The hypothesis that Council no longer assess Development Applications beyond holding pre-DA meetings that must be requested and engaged by a CPC who is advised of the necessary compliance with all the Council and State regulations as well as pre-payment of financial agreements for VPA and contributions necessary before a certificate of receipt and registration could be issued by Council.

· All utility bushfire, flood, zoning checks and Planning approvals would be the responsibility of the CPC but require approval by Planning panels and Council before an authority to commence work certificate can be issued.

· A final authority to occupy certificate would be a final check by Council to hold CPC’s accountable.

The Foreshadowed motion (moved by Clr Rhodes) became the motion and on being put to the meeting was declared CARRIED.

Clr Goodman returned to the Chambers at 4:27pm.

ITEM NO: NOM 02

FILE NO: 317220.2022

SUBJECT: Local Heritage Publication Grant and Digital Information Booths

Background

Australia is a world-leading tourist destination. Our tourism sector contributes $152 billion to the Australian economy, supports more than 300,000 businesses and employs more than 660,000 Australians.

In 2019-20, before COVID tourism contributed $37.1 billion (Tourism Consumption) to the NSW economy and employed 256,100 people.

In 2020-21, tourism employed 1 in every 21 jobs in NSW and contributed $20.8 billion to NSW’s gross state product.

The Western Sydney International Airport is set to open in 2026, and will cater to international and domestic flights under one roof, servicing up to 10 million passengers a year,

It is set to become one of the largest gateways to Australia.

The significance of the above facts made more pertinent considering the new airport is in the Liverpool LGA.

Many of our surrounding Councils are already developing innovative to attract their share of that visitation economic boost and Liverpool has to become proactive to be in the game to get our share.

The Sutherland Shire Council has developed a Local Heritage Publication Grant to encourage the provision of local heritage books that promote the area and serves in many ways to enhance the Visitor economy.

A Local Heritage Publication Grant, as part of the Liverpool Council grants program, similar to the Sutherland Council model, could allow the opportunity for locals to transfer their extensive knowledge of our tourism assets into promotional material that can be used immediately, and will become increasingly in demand when the new airport opens in just 4 years.

Encouraging Local Heritage Publications also makes sense in Liverpool, as it is home to the largest self-publishing facility in the southern hemisphere (Amazon), which may present an opportunity for sponsorship of this initiative.

Local production of material such as this can also support local jobs and business here in Liverpool.

In another neighbouring LGA, Wollondilly Council promotes their local area in the Council service foyer with numerous local publications, as well as electronic information display booth.

Website

Description automatically generated with low confidence

Fairfield Council utilises social media to promote tourism in their LGA as a separate entity to Council’s own social media pages. The branding and slogan “Discover Fairfield” is used to highlight opportunities for visitors to the region.

NOTICE OF MOTION (Submitted by Clr Rhodes)

That Council investigate and report back to February, 2023 Council meeting on cost and opportunities through the Council Grants program, sponsorship, Government Grants or by other means:

1. To initiate a Local Heritage Publications Grant as a part of the Liverpool Council Grants Program, and or through possible sponsorship with Local Businesses;

2. To initiate digital local information station/s to be positioned in high visitation locations throughout the Liverpool CBD, and funding sources such as Government Grants and/or sponsorship with Local Businesses; and

3. To build and maintain social media and associated branding around Liverpool’s tourism opportunities, as a separate entity to Councils channels.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Macnaught

That the recommendation be adopted.

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

Division called:

Vote for: Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Macnaught, Clr Rhodes and Clr Hadid.

Vote against: Clr Green, Clr Hagarty, Clr Harle, Clr Kaliyanda and Clr Karnib.

Clr Hagarty returned to the Chambers at 4.57pm.

ITEM NO: CONF 07

FILE NO: 320515.2022

SUBJECT: Exemption from Tender - TechnologyOne Transition to Cloud

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ammoun

That Council:

1. Agrees that a satisfactory result would not be achieved by inviting tenders for the transition of TechnologyOne to a SaaS platform and ongoing provision of the supported service (the proposed contract), for the following reasons:

· There are extenuating circumstances because the cost benefit analysis does not favour replacement of the Council’s core enterprise system at this time and planning an alternative approach will require a period of years. In the meantime, the existing system must be maintained to avoid business disruption, it is not feasible for a third party to provide the existing system, and the supplier requires transition to the Cloud.

· Competitive tenderers are unavailable because TechnologyOne Ltd owns the proprietary software, is the sole supplier of TechnologyOne and an alternative supplier would be unable to provide and support the system.

2. Authorises the Acting Chief Executive Officer or delegate to negotiate and enter into the proposed contract with Technology One Limited, noting the proposed contract term and indicative pricing.

3. Authorises the Acting Chief Executive Officer or delegate to agree and execute all documents necessary to give effect to these resolutions.

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

MOTION TO MOVE INTO CLOSED SESSION

Motion: Moved Clr Hadid Clr Macnaught

That CONF 02 - Transfer of former closed road areas along Governor Macquarie Drive in Warwick Farm in accordance with the provisions of the Inglis, Coopers Paddock, Warwick Farm Voluntary Planning Agreement be dealt with at the end of the meeting in Closed Session under Section10A(2)(d i) because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

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

The Mayor called a short recess at 4.56pm to allow members of the gallery to leave the Chambers.

Council resumed the meeting at 4.58pm in Closed Session.

ITEM NO: CONF 02

FILE NO: 271921.2022

SUBJECT: Transfer of former closed road areas along Governor Macquarie Drive in Warwick Farm in accordance with the provisions of the Inglis, Coopers Paddock, Warwick Farm Voluntary Planning Agreement

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Hadid

That:

1. The matter be deferred until the October 2022 Council meeting and discussed at a Councillor Briefing Session.

2. That Council meet with the proponent ATC and discuss the outstanding VPA and bring back the report to an urgent Briefing Session.

3. A standing report be submitted to Council every two months regarding the status of VPAs (VPA register).

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

Clr Rhodes asked that her name be recorded as having voted FOR the above lost motion.

Foreshadowed motion: Moved: Clr Hagarty Seconded: Clr Harle

That:

1. Council approve the transfer of those parts of Lots 1-3 in Deposited 249818 as identified by the provisions of the Voluntary Planning Agreement - Inglis, Coopers Paddock, Warwick Farm to the respective adjoining landowners;

2. Council keeps this report confidential pursuant to the provisions of Section10(A)(2)(d i) because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it; and

3. Council authorises its Delegated Officer to execute any document, under Power of Attorney, necessary to give effect to this decision.

4. A standing report be submitted to Council every two months regarding the status of VPAs (VPA register).

5. An urgent Briefing Session be held regarding the status of this VPA and any other outstanding VPAs be discussed.

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

Mayor Mannoun then opened the Council Meeting at 5.29pm and read the resolution carried for CON 02 - Transfer of former closed road areas along Governor Macquarie Drive in Warwick Farm in accordance with the provisions of the Inglis, Coopers Paddock, Warwick Farm Voluntary Planning Agreement that was carried in Closed Session and as shown above.

Statement from Clr Ammoun:

Councillor Ammoun wanted to congratulate the Legal team on behalf of the Casula Group and the local people of Grove Street on all the hard work and the magnificent result achieved. It was a result for the whole community so thank you.

Councillor Harle wanted to add that he agreed with the above and that it was a big issue and from what he hears from the residents who objected to this and put the campaign together, they are very happy with Council’s help and wanted to congratulate the Council department that put the Social Impact Assessment Policy together. Without that Social Impact Assessment Policy and the bite it had he believed we would not won either of the cases. He wanted to thank the independent assessors who put that together and made sure that it had the bite that it had. So thanks and congratulations to Council Senior staff they did a good job.

Ordinary Meeting

26 October 2022

Chief Executive Officer Report

CEO 01

Lobbying Policy

Strategic Direction	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	248996.2022
Report By	Jessica Saliba - Coordinator Governance
Approved By	George Hampouris - Head of Audit, Risk and Improvement

Executive Summary

Council at its Ordinary Meeting on 25 May 2022 resolved to direct the Acting Chief Executive Officer to consult with Strathfield Council in drafting a Lobbying Policy consistent with the seven (7) principles outlined in the NSW Independent Commission Against Corruption (ICAC) guidelines.

The newly created Lobbying Policy has been drafted in line with the ICAC guidelines and ICAC investigation recommendations from Operation Witney 2022 and Operation Dasha 2021.

RECOMMENDATION

That Council Adopts the Lobbying Policy.

REPORT

Appropriate lobbying of Council officials is part of the democratic process and is an acceptable feature of the relationship between the public and government officials, however it is crucial and in the public interest that lobbying is done fairly and does not undermine public confidence in Council decision making functions.

The draft Lobbying Policy has been developed in line with the relevant ICAC guidelines and recommendations. The seven (7) principles outlined in the Council report NOM 03 (see Attachment 1) were also considered.

The Lobbying Policy provides guidance to Council Officials and outlines their obligations when interacting with individuals, groups and entities seeking to influence Council decisions.

This policy aims to strengthen ethical conduct when receiving, considering, and determining lobbying proposals and establishes a framework that will provide guidance for reporting and documenting lobbying requests of Council.

Consultation with Strathfield Council was undertaken in line with resolution. Strathfield advised that due to resourcing matters, they had not created a policy and it was on hold.

Governance also consulted with the Office of Local Government (OLG) who provided feedback that was also incorporated within the draft policy.

The Office of Local Government have also advised that they are in the process of developing a model lobbying policy for all Local Government but have not provided a timeframe as to when it will be issued. When this policy is issued, Governance will review it against the current policy and will make all necessary changes as required and will bring it back to Council for endorsement.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

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	Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Lobbying Local Government Councillors – A guide for Councillors, constituents and other interested parties August 2006 (ICAC)
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Item NOM 03 - Minutes of Ordinary Council Meeting 25 May 2022

2. Draft Lobbying Policy

Ordinary Meeting

26 October 2022

Chief Executive Officer Report

CEO 02

Draft Community Engagement Strategy and Revised Community Participation Plan 2022

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	328993.2022
Report By	George Hampouris - Head of Audit, Risk and Improvement
Approved By	George Hampouris - Head of Audit, Risk and Improvement

Executive Summary

The purpose of this report is to seek Council endorsement to place the draft Community Engagement Strategy 2022 and the revised Community Participation Plan 2022 on public exhibition to allow for public comment and submissions.

Council has a regulatory obligation to prepare a Community Engagement Strategy under Section 402A of the Local Government Act 1993 and conduct a review of the Community Participation Plan under Part 2, Division 2.6, Section 2.24 of the Environmental Planning and Assessment Act 1979.

The Community Engagement Strategy and Community Participation Plan detail Council's overarching engagement principles and community participation requirements for planning functions undertaken by Council. The documents guide engagement practices with the local community and stakeholders and sets out the community participation requirements under planning legislation, including all minimum mandatory exhibition timeframes. It aims to deliver principals of community engagement in an inclusive collaborative, transparent, authentic and timely manner to facilitate effective decision making.

RECOMMENDATION

That Council:

1. Endorse the draft Community Engagement Strategy 2022 and the revised Community Participation Plan 2022 for exhibition;

2. Places the draft Community Engagement Strategy 2022 and revised Community Participation Plan 2022 on public exhibition for 28 days;

4. Delegates to the A/CEO the finalisation of the Community Engagement Strategy and Community Participation Plan 2022 should no submissions be received; or receive a further report outlining details of the submissions received at the conclusion of the exhibition period.

REPORT

The Local Government Act and the Environmental Planning and Assessment Act requires Council to endorse a Community Engagement Strategy and Community Participation Plan respectively and that the documents be placed on public exhibition.

The draft Community Engagement Strategy outlines Council’s commitment to provide the Liverpool community, including residents, ratepayers, workers, businesses, visitors, and relevant agencies, the opportunity to contribute to and inform the development of Council’s projects, policies, strategies, plans, programs and services.

The Strategy provides guidelines on how Council will inform the community and deliver engagement activities in line with best practice standards.

Extensive community engagement has informed this strategy and is based on social justice principals of equity, access, participation and rights which guide the delivery of Council’s polices and strategies. The Community Engagement Strategy and Community Participation Plan will be reviewed within three months of the local government elections to ensure it reflects both city and community sentiments in relation to community engagement practices and incorporates statutory requirements.

Please note that the Community Engagement Strategy and Community Participation Plan will go through document design once final community and/or feedback and inputs are included (if required). The reason being is that any change will result in the need for re-design which is time consuming. Therefore, it is more efficient that design work is only done when the Strategy and Plan are considered final.

The Liverpool Community Participation Plan was adopted in October 2019 and is due for review. The Community Participation Plan provides guidance on how Council will engage with its communities across all the land use planning functions. This includes but not limited to, Development Applications, Planning Proposals, and Voluntary Planning Agreements. The Community Participation Plan compliments the draft Community Engagement Strategy and is presented as Appendix (A) to the document. This will ensure greater usability for the community with all of Councils engagement strategies and policies located within one document.

A review has been undertaken of the existing Community Participation Plan. The changes are generally of administrative nature and include:

· Updating the land use definitions to reflect the standard instrument;

· Removal of requirements to advertise in the local newspaper as they have ceased being published;

· The addition of a figure which demonstrates the relationship between strategic documents; and

· The addition of a clause which gives the Manager Development Assessment discretion to exhibit any application considered to have significant community interest for a longer period.

· The addition of a clause requiring Council-related development applications to be exhibited for a minimum of 28 days as per legislative changes in the Environmental Planning and Assessment Act.

All changes to the CPP are shown in Attachment 2 to this report, where any additions are highlighted green, and deletions are highlighted red.

Subject to Council support, the draft Community Engagement Strategy and revised Community Participation Plan will be placed on public exhibition for feedback from Friday 28 October 2022 to 5pm Friday 25 November 2022.

Public notices will be available on Council’s website and social media platforms. All documents on Public Exhibition will be available online and will be accessible for download and feedback through Council’s website. Hardcopies will also be available at the Council Customer Service Centre and Library where requested.

Following the public exhibition, if there are any submissions, a further report will be presented to Council outlining details of the submissions received.

FINANCIAL IMPLICATIONS

There are no financial implications.

CONSIDERATIONS

Governance

The Community Engagement Strategy sets the direction for Council’s strategic agenda and is based on social justice principals of equity, access, participation and rights.

The Community Participation Plan sets out how and when Council will engage with the community as part of the planning functions it performs (strategic planning and development assessment) under the Environment Planning and Assessment Act.

Legislative

The Community Engagement Strategy has been developed in line with Section 402A of the Local Government Act 1993. Section 402A of the Local Government Act states: A council must establish and implement a strategy (called its "community engagement strategy") for engagement with the local community when developing its plans, policies and programs and for the purpose of determining its activities (other than routine administrative matters).

Division 2.6 of the Environmental Planning and Assessment Act requires Councils to prepare a Community Participation Plan, and Clause 2.24 requires for them to be reviewed periodically.

Risk

The risk is deemed to be High. Failure to present a Community Engagement Strategy to the council 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. Draft Community Engagement Strategy and (Appendix A) Draft Community Participation Plan for Council (Under separate cover)

2. Marked up changes to Community Participation Plan (Under separate cover)

Ordinary Meeting

26 October 2022

Chief Executive Officer Report

CEO 03

Tabling Annual Pecuniary Interest Returns for Councillors and Designated Persons

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	333038.2022
Report By	Jessica Saliba - Coordinator Governance
Approved By	George Hampouris - Head of Audit, Risk and Improvement

Executive Summary

The Model Code of Conduct for Local Councils in NSW was adopted by Liverpool City Council in August 2022. Clause 4.25 of the code requires that the completed annual pecuniary interest returns of councillors and designated persons holding office and occupying positions as at 30 June 2022, be tabled before the Council.

Councillors and designated officers were asked to complete their pecuniary interest return by 30 September 2022 to ensure that they were received and completed by the deadline specified in clause 4.26 of the Code of Conduct. All Councillors and designated staff who were required to submit the annual pecuniary return have done so and these have been lodged.

RECOMMENDATION

That Council:

1. Note the annual pecuniary interest returns of Councillors and designated persons, as at 30 June 2022, are now tabled before the Council in accordance with clause 4.25 of the Model Code of Conduct;

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

3. Note that Governance will publish a register on the Council website that will have a list of all the completed returns and Trim numbers (Council’s internal document management reference) for a redacted version only.

REPORT

Clause 4.21 of the Model Code of Conduct provides that a Councillor or a designated person, holding that position as at 30 June in any year, must complete and lodge with the Chief Executive Officer an annual pecuniary interest return within three months after that date, in a form prescribed by the Code of Conduct.

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

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

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

On 26 July 2022 an email was sent to the Councillors and designated persons advising them of the requirement to have their return completed as soon as possible by completing the form online.

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

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

Requirement to publish:

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

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

Reason for redacting information:

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

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

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

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

On that basis, governance will publish a register on the Council website that will have a list of the completed returns with Trim numbers (Council’s internal document management reference) to the redacted version.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

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	Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Clauses 4.21, 4.24 and 4.25 of the Model Code of Conduct
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

Chief Executive Officer Report

CEO 04

Code of Meeting Practice - Proposed changes

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	340997.2022
Report By	George Georgakis - Manager Council and Executive Services
Approved By	George Hampouris - Head of Audit, Risk and Improvement

Executive Summary

The report addresses two matters which have recently been raised relating to the Code of Meeting Practice. The first relates to a proposed alteration to the Code relating to Questions Taken and Notice. The second relates to a proposed alteration to the Code relating to foreshadowed motions and whether they are to be included in the Council meeting minutes.

RECOMMENDATION

That Council:

1. Place the following proposed changes to the Code of Meeting Practice on public exhibition:

i. Amend the Code of Meeting Practice to include the following clause under Clause 9.20 Questions:

“Where the question will utilise more than four hours of staff time or incur in excess of $500 in external costs, the Councillor will be invited to submit the matter to Council for determination, in the form of a notice of motion. The Councillor is to be advised if such a question falls within these categories as soon as practicable after the meeting, to allow them the opportunity to submit a Notice of Motion on the matter to the next meeting should they wish.

The exception to this is if the question relates to an item that Council subsequently resolves to defer and that question taken on notice directly will assist Council forming a view or determination when that item is re-considered.”

ii. Amend Clause 19.2 of the Code of Meeting Practice so that foreshadowed motions during the Closed Session of Council meetings (which are not voted on, or are voted on and lost) are not included in the Council minutes.

2. Receive a further report after the public exhibition period, or if no submissions are received, endorse the changes.

REPORT

The report addresses two matters which have recently been raised. The first relates to a proposed alteration to the Code of Meeting Practice relating to Questions Taken and Notice. The second relates to a proposed alteration to the Code of Meeting Practice relating to foreshadowed motions and whether they are to be included in the Council meeting minutes.

i. Questions Taken on Notice at Council meetings:

Council at its meeting on 31 August 2022 considered a report on the day-time trial of Council meetings. That report also recommended a change to Council’s Code of Meeting Practice relating to Questions Taken on Notice at Council meetings.

Council deferred the decision to amend the Code of Meeting Practice.

The matter was subsequently discussed at the Councillor Briefing Session held in September.

Questions with Notice and Questions Taken on Notice are dealt with in the Code of Meeting Practice in the following manner:

Questions with Notice

3.14 A councillor may, by way of a notice submitted under clause 3.9, ask a question for response by the CEO about the performance or operations of the council. The Question with Notice (QWN) must be in writing and must be submitted by close of business nine (9) business days (not including the day of the meeting) before the meeting is to be held. Where a QWN is received after the nine 9 day cut-off date, the QWN will be put forward to the next ordinary meeting.

3.15 A councillor is not permitted to ask a QWN under clause 3.14 that comprises a complaint against the CEO or a member of staff of the council, or a question that implies wrongdoing by the CEO or a member of staff of the council.

3.16 The CEO or their nominee may respond to a QWN submitted under clause 3.14 by way of a report included in the business papers for the relevant meeting of the council or orally at the meeting. Where a QWN cannot be addressed at the forthcoming meeting, the QWN will be addressed at the next ordinary meeting.

Questions

9.17 A councillor or council employee to whom a question is put is entitled to be given reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to documents. Where a council employee to whom a question is put is unable to respond to the question at the meeting at which it is put, they may take it on notice and the response to questions taken on notice at a Council meeting will be provided to Councillors before the next meeting of the council.

9.18 Councillors must put questions directly, succinctly, respectfully and without argument.

9.19 The chairperson must not permit discussion on any reply to, or refusal to reply to, a question put to a councillor or council employee.

2017 version of Code of Meeting Practice

A previous version of the Code of Meeting Practice from 2017 provided for additional clauses relating to Questions asked by Councillors during a Council meeting which were taken on notice.

These provisions are copied below (with some text in bold for emphasis):

31.4. Questions put to a Council employee may be answered immediately or taken on notice for reply in writing within a period of three ordinary days prior to the next scheduled Council meeting where:

31.4.1. The subject question is classified as normal business;

31.4.2. The answering of the question will utilise no more than two hours of staff time;

31.4.3. The answering of the question will not incur more than $500 in external costs.

31.5. In the event that the relevant information needed to answer the question properly is not available, the response is to be provided within a timeframe agreed between the questioning Councillor and the Council employee.

31.5.1. Where the question is determined to be classified as non-Council business or will utilise more than two hours of staff time or incur in excess of $500 in external costs, the Councillor will be invited to submit the matter to Council for determination, in the form of a notice of motion.

Upon review of the above provisions in the previous Code of Meeting Practice, it is considered prudent to consider amending Council’s current Code of Meeting Practice to include something similar.

Councillors have an opportunity to submit Questions with Notice on the Council Agenda (as per Clauses 3.14 – 3.16 above) for a response to be provided (on the Agenda) and no changes are suggested to those clauses.

Questions asked during a Council meeting are dealt with in accordance with Clauses 9.17 – 9.19 shown above.

There is merit in adding a provision similar to that of the 2017 Code as sometimes a question is taken on notice during consideration of a matter which is then resolved by Council (at the same meeting), however staff are still responding to the question taken on notice (which may no longer be relevant). In some instances, it could take a long time to provide that response, or it may involve external expenses.

By including the suggested clause below, the Councillor will be advised if any questions fall within that category and if so, the Councillor would be required to submit a Notice of Motion for consider to consider whether the response is to be provided.

It is therefore recommended that the following clause be added to Council’s Code of Meeting Practice under Questions:

9.20 “Where the question will utilise more than four hours of staff time or incur in excess of $500 in external costs, the Councillor will be invited to submit the matter to Council for determination, in the form of a notice of motion. The Councillor is to be advised if such a question falls within these categories as soon as practicable after the meeting, to allow them the opportunity to submit a Notice of Motion on the matter to the next meeting should they wish.

ii. Foreshadowed Motions

The issue of whether foreshadowed motions (which are not voted on) should be included in the Council meeting minutes was also discussed at the September Councillor Briefing Session.

The background to their inclusion in the Minutes dates back to the Councillor Briefing Session in March 2022 where Councillors asked for a suggested motion (to move at the March Council meeting) to take on board the feedback received relating to:

- Foreshadowed Motions to be included in the Council minutes (even if not voted on);

Below was the suggested motion to be moved at the meeting to address the above point, changes shown in red:

That Council:

1. Place the Draft Code of Meeting Practice on public exhibition (for 28 days) and receive comments up to 42 days in accordance with Section 361 of the Local Government Act, 1993 subject to the following changes:

i. Additional information to Clause 19.2 (shown in red below) to ensure details of foreshadowed motions are included in the Council minutes:

Clause 19.2: As a minimum, the CEO must ensure that the following matters are recorded in the council’s minutes:

a) the names of councillors attending a council meeting and whether they attended the meeting in person or by audio-visual link,

b) details of each motion moved at a council meeting and of any amendments to it, including any foreshadowed motions

c) the names of the mover and seconder of the motion or amendment, or foreshadowed motion

d) whether the motion or amendment was passed or lost, and whether the foreshadowed motion was voted on (and if so, if it was passed or lost), and

e) such other matters specifically required under this code.

The above was adopted by Council in March 2022 and incorporated into the Code of Meeting Practice after it was placed on public exhibition.

At the August 2022 Council meeting during an item in Closed Session, there was a Motion and a Foreshowed Motion. The Foreshadowed Motion was not voted on as the primary Motion was adopted when put. The Foreshadowed Motion was included in the Minutes though, as per the adopted Code of Meeting Practice.

During the meeting, Councillors asked whether the above would also apply to foreshadowed motions that are put to Council in a Closed Session (where foreshadowed motions are not voted on (lapsed) in closed sessions whether it should be shown in the minutes).

At the time it was included and Councillors were advised that staff would seek clarification on this.

Advice was sought from the Office of Local Government on the matter which is copied below:

“If the Council’s code of meeting practice requires foreshadowed motions to be recorded in the minutes, this would include minutes of both open and closed meetings.

However, information about foreshadowed motions is not open access information for the purposes of the Government Information (Public Access) Act 2009 and does not necessarily need to be included in the publicly available version of the minutes published on the Council’s website.

Clause (2)(a) of Schedule 1 of the Government Information (Public Access) Regulation 2018 only deems the following information in relation to minutes to be open access information:

“minutes of any meeting of the local authority or any committee of the local authority, but restricted (in the case of any part of a meeting that is closed to the public) to the resolutions and recommendations of the meeting”.

Based on the advice received, it is recommended that the Code of Meeting Practice be amended so that foreshadowed motions during the Closed Session of Council meetings (which are not voted on, or are voted on and lost) NOT BE included in the Council minutes.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Section 360 and Section 363 of the Local Government Act relating to the Code of Meeting Practice and amending the Code.
Risk	The risk is deemed to be low and is considered to be within Council’s risk appetite. There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

Chief Executive Officer Report

CEO 05

Investment Report September 2022

Strategic Objective	Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources
File Ref	343009.2022
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 at 30 September 2022. Key highlights include:

· Council held investments with a market value of $459 million.

· The Reserve Bank of Australia (RBA) has raised the official cash rate from 2.35 per cent to 2.60 per cent.

· The increase in cash rate will improve future interest earnings for Council.

· The portfolio yield (for the year to September 2022) was 164 basis points above the benchmark (AusBond Bank Bill Index)

	AusBond Bank Bill Index (ABBI)
Benchmark	0.52%
Portfolio yield	2.16%
Performance above benchmark	1.64%

· Year-to-date, Council’s investment income was $1 million higher than the original budget. This is due to a combination of increase in market interest rate and unrealised gain in fair value of Floating Rate Notes (FRNs).

· Year-to-date, Council’s investment in mortgage-backed securities (MBSs) are valued at $513 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 advisor believes 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 23.92 per cent of its portfolio in ADIs rated BBB and below.

RECOMMENDATION

That Council receives and notes this report.

REPORT

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

Council’s portfolio

At 30 September 2022, Council held investments with a market value of $459 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:

Chart, pie chart

Description automatically generated

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

*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, is suffering significantly from impacts of Covid-19 pandemic and conflict in Ukraine. The fair value of FRN’s particularly those with fixed interest rates, have decreased significantly. This is a mark-to-market issue and will not affect the long term cashflow expectation from these investments. Council has sufficient funds in its current account and has no plans at this stage to sell 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^{^[1]} 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 23.92 per cent of its portfolio in ADIs rated BBB and below.

Mortgaged-backed securities

Council’s investment advisor (Amicus Advisory) regularly reviews investments in grandfathered mortgage-backed securities (MBSs). and continues to recommend “hold” position on investments in 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 MBSs and as a result, Council’s investments in these securities are now classed as non-rated. Year-to-date, Council’s investment in MBS’s are valued at $513 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 for the year to September 2022 exceeded the ABBI index by 164 basis points (portfolio yield: 2.16%; ABBI: 0.52%)

Council’s portfolio continues to perform at above benchmark rates. Comparative yields for the previous months are charted below:

Chart, bar chart

Description automatically generated

Performance of portfolio returns against budget

Year-to-date, Council’s investment income was $1 million higher than the original budget. This is due to a combination of increase in market interest rate and unrealised gain in fair value of Floating Rate Notes (FRNs).

	YTD Budget	YTD Actuals	Budget Variance
Interest yield on cash holdings	$1.13m	$2.33m	$1.20m
Fair value market movement	$0m	($0.20m)	($0.20m)
Total	$1.13m	$2.13m	$1.00m

Investment portfolio at a glance

Portfolio Performance

The portfolio yield for the month of September 2022 exceeded the AusBond Bank Bill index by 164 basis points (portfolio yield: 2.16%; ABBI: 0.52%).

Annual Income vs. Budget

Council’s investment income was $1 million higher than the original budget at 30 September 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 increased the official cash rate to 2.60 per cent in its meeting on 4 October 2022.

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 million higher than the original budget at 30 September 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 section 212 of the Local Government (General) Regulation 2021.
Risk	The capital value and return-on-investment is subject to market risks. Investment limits prescribed in Council’s policy framework is aimed to mitigate these risks.

ATTACHMENTS

1. Investment Portfolio September 2022

Ordinary Meeting

26 October 2022

Chief Executive Officer Report

CEO 06

2021-2022 Annual report

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	346612.2022
Report By	George Hampouris - Head of Audit, Risk and Improvement
Approved By	Peter Diplas - Acting Chief Executive Officer

Executive Summary

Council is required to prepare and present its Annual Report and Audited Financial Statements to the Office of Local Government within five months of the end of the financial year in accordance with Section 428 of the Local Government Act 1993. Please note, if there are late adjustments to the financial statements, these will be updated in the relevant section of the annual report accordingly.

The Annual Report (Attachment 1) is a comprehensive report to the community that highlights the City of Liverpool’s operational progress and achievements in the 2021-22 financial year and focuses on the activities undertaken against the objectives in Council’s Delivery Program 2017-2022 and Operational Plan 2021-22.

Content for the report derives from Council’s Biannual Reports for the 2021-22 reporting period. In addition, the report includes statutory requirements as specified by the Local Government Act.

RECOMMENDATION

That Council receive and endorse the Annual Report for 2021-2022

REPORT

The Annual Report highlights Council’s financial, operational progress and achievements in the 2021-22 financial year and focuses on the activities undertaken in Council’s Delivery Program 2017-2022 and Operational Plan 2021-22. These achievements are reported under the four strategic directions of the Community Strategic Plan Our Home Liverpool 2027.

The report also includes statutory information required by legislation and Council’s Audited Financial Statements. The Annual Report must be endorsed by Council within five months of the end of the financial year (by 30 November), published on Council’s website and provided to the Minister.

Council continued to maintain its service delivery as outlined in the 2021-22 Operational Plan despite the unexpected challenges brought about by the COVID-19 pandemic and severe weather events. By the end of June 2022, Council’s operational performance reported 86 of the 93 Principal Activities in the Delivery Program on track, four needed attention and three were affected by COVID-19.

Council successfully delivered its major events program as COVID-19 restrictions continued to ease, including the Most Blessed Nights’ Street Food Market and the return of Starry Sari Night. These major events showcased Liverpool’s cultural diversity and activated the City’s night-time economy.

Council collaborated with NSW State Emergency Service’s (SES) Liverpool assisted in navigating residents through severe weather conditions and flooding in March 2022 and began its recovery phase, including the clean-up of parks and repair of roads that were damaged during the flood event.

In June 2022, Council adopted its suite of Integrated Planning and Reporting documents, including the Community Strategic Plan 2022-2032, Council’s highest-level plan which sets the vision and strategic objectives for the future of Liverpool over the next 10 years. The Community Strategic Plan 2022-2032 was developed in consultation with the Liverpool community through a combination of digital and face-to-face engagement activities.

Council secured $1.5 million in city activation funding from the State Government to further support local business within the Liverpool CBD. New enquiries generated have the potential to develop over 1,000 jobs for the city. Council also partnered with Lendlease to provide skills and training programs aimed at creating employment pathways and training opportunities locally, as part of the Liverpool Health and Academic Precinct redevelopment.

Council continued to support healthy and active lifestyles in the community through its delivery of major infrastructure works, including the construction of the Variety Livvi’s Place inclusive playground at Lt Cantello Reserve, the development of a new water play facility, children’s playground, picnic facilities, landscape works, car park and lighting at Stante Reserve and the construction of a new children’s playground, outdoor fitness gym and car park at Schoeffel Park.

Council will continue to monitor and improve its operational and financial performance to mitigate adverse impacts to service delivery particularity, in the areas reported as needing attention or affected by COVID-19.

FINANCIAL IMPLICATIONS

There are no financial impacts associated with this report.

CONSIDERATIONS

Governance

The Annual Report sets the direction for Council’s strategic agenda, including all economic, environmental, social and civic leadership requirements.

Legislative

The Annual Report has been developed in line with the Local Government Act 1993.

In particular Section 428 of the Local Government Act states:

· “The council must prepare an annual report within 5 months of the end of the financial year.”

· “The report will outline the council’s achievements in implementing its Delivery Program through that year’s Operational Plan, and report on the effectiveness of the principal activities undertaken to achieve the objectives in that year.”

· The report must contain the council’s audited financial statements and notes and any information or material required by the Regulation or the Guidelines.

Risk

The risk is deemed to be High. Failure to provide regular progress reports to the council 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. Annual Report 2021-2022 (Under separate cover)

Ordinary Meeting

26 October 2022

Chief Executive Officer Report

CEO 07

Council Committee Governance review

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	346630.2022
Report By	George Hampouris - Head of Audit, Risk and Improvement
Approved By	Peter Diplas - Acting Chief Executive Officer

Executive Summary

Council at the April 2022 meeting resolved that;

“That the establishment of any additional Council Committees be deferred until a review of all Council Committees is undertaken to determine the effectiveness of the Committee, cost analysis, whether stated aims are being met in accordance with the Community Strategic Plan, and if they meet and are representative of the current and emerging needs of the community and Council’s obligation to community consultation as set in the strategic plan of Council.”

This report provides two alternative Committee Governance models for Council to consider. These are outlined in the body of the report. Notwithstanding which option Council resolves to proceed with, there are a number of recommendations within the report (Attachment 1) which are focused on improving Committee performance, accountability and effectiveness. These recommendations will be implemented (Recommendation 2) as part of the broader governance reform. These recommendations are also itemised in the body of this Council report.

RECOMMENDATION

That Council:

1. Councils adopts either option 1 or option 2 Committee Governance Model as outlined in the body of the report;

2. Endorses the improvement initiatives outlined in the report to enhance Committee effectiveness, compliance and performance;

3. Council to determine which committees (if any) should be delegated decision authority in line with S377; and

4. A further report be tabled to Council with Committee and (Community Committee Charters if applicable), including transition arrangements and scheduling for Council approval.

REPORT

To achieve the intended outcomes in line with the April 2022 Council resolution and best practice, several performance areas were considered as part of this review. These considerations are outlined in the table below.

Performance category	Performance criteria/ risk area
Terms of reference	Are Terms of reference clear or aligned (directly or indirectly) to the strategic direction of Liverpool Council and goals of the Community.
Compliance	Is Council operating, maintaining and supporting its Advisory Committee in line with the Local Government Act and Regulations and other relevant legislation.
Coverage and alignment	The Governance framework (i.e. “Council” and the established advisory Committees) are sufficient to address the key priorities. Risk and Opportunities There is a risk that there are; · too many operational type committees, blurring the lines between Council decision making and operations · The design of Committees’ established do not support the realisation of the CSP’s strategic direction and goals. Opportunities · Opportunities to expand scope of oversight and/or consolidate to ensure that Advisory Committees are strategic in nature and address a number of strategic areas in line with Council’s CSP.
Performance	· Poor and/or lack of reporting which makes it difficult for the advisory committee to make recommendations and/or isn’t aligned to the Committee’s Terms of Reference · No self-assessment or annual review making it difficult for the Committee to determine whether they are effectively discharging their obligations.
Categorisation	Council only has Advisory Committees. Are alternate categorisation of committees required (i.e. working groups, Sub Committees etc)
Logistical considerations	· Are the meetings scheduled in a way which considers Councillors, Community and staff time efficiency and effectiveness? · Do all Committees have appropriate facilities, support and hybrid options available to them · Does Council utilise its meeting rooms in the most effective way?

Governance model

The report recommend that Council consider two options being:

Option 1- Adopt a two-tiered Committee governance model.

This model has been designed to delineate Council strategy and strategic oversight with Community Committees. Community committees under this model are designed to help council navigate and deliberate on community issues or specific focus/interest areas and also enhance community engagement and insights.

Both tiers have been designed and have had their indicative scopes aligned to Council’s strategic objective and priorities. To review the scope and strategic objective reconciliation against each proposed committee please refer to the report in Attachment 1. The report in Attachment 1 provides a number of other benefits and insights with regards to how this model can operate.

Tier 1

The first tier is Governance committees. The make up of these committees consist of either Councillors only and/or Councillors only and the CEO (or delegate) as a non-voting member. Subject matter experts can be invited to attend and present at the request of the Committee. (Please note the exception to this is the Audit Risk and Improvement Committee).

The primary objective of these Committees are broadly to monitor and make decisions on matters pertaining to strategy, performance and outcomes.

The following is the proposed make up of these committees. Please note to see the proposed scope, objective and strategic alignment of these committees please refer to the report (Attachment 1).

· Finance and Assets Committee

· Stronger Community Committee (strategy, innovation and outcomes)

· City resilience and environment committee

· Economic and City Centre development Committee

· Planning, Major projects, Heritage and transport Committee

· Culture, Community and inclusion Committee

· Audit, Risk and Improvement Committee

Tier 2

The second tier is Community committees. This tier’s primary objective is to help council navigate and deliberate on community issues or specific focus/interest areas and also enhance community engagement and insights. The make- up of these committess will consist of community groups, staff and subject matter experts. Councillors will have an open invite to attend, engage and contribute. Ongoing community and expert participation in committee forums are fundamental to ensure objectives of Council and Community’s concerns and/or ideas are addressed.

The following is the proposed make up of these committees. Please note to see the proposed objective and strategic alignment of these committees please refer to the report (Attachment 1).

· Aboriginal Consultative Committee

· Youth Council

· Parks and Facilities

· Safety and Inclusion

· Tourism and CBD*

· Georges river revitalisation*

· Intermodal Committee*

· Liverpool Animal Shelter*

*Note that objective and strategic alignment analysis has not been undertaken for these Community committees. Council can refer to their existing Charters (Georges river Draft revitalisation Committee Charter has previously been tabled at the February 2022 Council meeting).

Option 2- Maintain current structure

This option is to maintain the status quo i.e. make no changes to the current committees of Council. The current list of Committees are as follows;

· Aboriginal Consultative Committee

· Audit, Risk and Improvement Committee

· Budget Review Panel

· CPAC Advisory Committee

· Civic Advisory Committee

· Companion Animal Advisory Committee

· Community Safety and Crime Prevention Advisory Committee

· Environment Advisory Committee

· Heritage Advisory Committee

· Intermodal Precinct Committee

· Liverpool Access Committee

· Liverpool Sports Committee

· Strategic Panel

· Tourism & CBD Committee

· Youth Council

The attached report recommends a number of initiatives to improve the effectiveness and efficiency of Committees. This will ensure good governance, improved community engagement, structure and decision making.

The improvement initiatives have been extracted from the report (Attachment 1) and itemised below. Councils should refer to the Committees review report (Attachment 1) itself in order to understand the basis for these recommendations.

· A Community engagement strategy is developed to provide an overarching approach to how Council engages with the community (note that this has been addressed and is tabled October 2022 Council meeting).

· The Community Participation Plan is incorporated within the overarching Community engagement strategy (note that this has been addressed and is tabled October 2022 Council meeting).

· Council maintains the number of district forums to 4.

· Council leverage off its existing systems (either via Customer service request or Councillor requests) to more effectively assign, track, monitor and report actions arising from the district forums.

· The Council mobile office initiative is re-instated.

· A self-assessment for all Committees/ Community Committees should be conducted annually to promote a culture of self-reflection and improvement.

· All Charters should include the strategic objectives which are applicable, so the committees can ensure they appropriately address/monitor these.

· A work plan should be created to drive the Committees agenda and ensure that they remain on track to discharge their obligations in line with the Charter’s scope.

· The proposed (Option1) Community Committees should be established as a tool for genuine community engagement.

· When recruiting for community-based forums (referred in this report as Community Committees), heavy weighting should be given to those members with knowledge and understanding of community development and project work. This would help translate some of their insights into community outcomes for Council.

· At the beginning of each Council term (and subsequent to the approval of the CSP/DP) a committee review be undertaken.

· WHS safety and Code of Conduct compliance is managed centrally to ensure all Community members are informed and understand their obligations pertaining to safety, risk and conduct.

· For improved governance, ease of reference and consistency- all secretariat duties to be co-ordinated through Council’s agenda management software (Currently InfoCouncil).

· Council considers the revised scheduling of newly established committees (once the preferred model is determined).

· The conveners’ functions and duties of Committees are explicit within their Charters.

· Upon the endorsement of the governance structure (option 1 or option 2), a further report be tabled to Council with Committee and Community Committee Charters (if applicable) for Council approval.

If Option 1 Committee structure is resolved then the following to occur;

· If Council opts for option 1, the past achievements of the Section 355 Committees be acknowledged and celebrated.

· Each Community Committee table an annual report to Council, providing an overview of key Community trends, concerns and applicable achievements during the reporting year.

· Discussion points to be tabled at the relevant Community Committee and circulated to all Councillors through the Councillor update.

· Staff and/or Councillors to escalate items arising from Community Committee meetings to relevant Governance Committees/ Council meeting.

FINANCIAL IMPLICATIONS

In the instance of Committee Governance consolidation, this will result in staff, time and efficiency savings. When a further report is submitted to Council in this regard (on the preferred model), staff will be in a better position to quantify savings.

CONSIDERATIONS

Economic	Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Provide efficient parking for the City Centre. Enhance the environmental performance of buildings and homes. Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate economic development. Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	Utilise the Western Sydney City Deal agreement to enhance liveability and environment of the LGA. Utilise the Western Sydney City Deal agreement to facilitate Planning and Housing in the LGA. Minimise household and commercial waste. Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Retain viable opportunities for local food production while managing land use to meet urban growth. Enhance the environmental performance of buildings and homes. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues. Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options.
Social	Provide cultural centres and activities for the enjoyment of the arts. Support policies and plans that prevent crime. Support community organisations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination.
Civic Leadership	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	S355 of the Local Government Act which stipulates the development and delegation of advisory committees Section 377 of the Local Government Act which stipulates Council delegations.
Risk	The risk of not properly considering the future Committee model can lead to a lack of monitoring and decision making with regards to Council’s strategic objectives and deliverables.

ATTACHMENTS

1. Liverpool City Council Committees review (Under separate cover)

Ordinary Meeting

26 October 2022

Chief Executive Officer Report

CEO 08

Annual Financial Reports 2021-22

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	346741.2022
Report By	Earl Paradeza - Senior Management Accountant
Approved By	Vishwa Nadan - Chief Financial Officer

Executive Summary

Council has a regulatory obligation to prepare and present audited financial reports to the Office of Local Government (due on or before 31 October 2022) and to the Community.

Council’s general-purpose financial statements for the year ended 30 June 2022 have been prepared and audited by NSW Audit Office.

This paper seeks Council’s endorsement and a resolution authorising issue of the financial statements.

NSW Audit Office staff will be present at the Council Meeting to answer any questions.

RECOMMENDATION

That Council:

1. Receives and endorses the 2021-22 audited financial reports;

2. Authorises the Mayor, Deputy Mayor, Chief Executive Officer and the Responsible Accounting Officer (Chief Financial Officer) to sign the prescribed statement that will form part of the financial reports;

3. Authorises the Chief Executive Officer to:

a) forward a copy of the financial reports together with the auditor’s report to the Office of Local Government in accordance with Section 417(5) of the Local Government Act 1993;

b) issue a public notice containing a summary of financial results and put the financial statements on exhibition for 7 days to seek public submissions;

c) Note that the financial statements and a summary of public submissions received will be presented to Council at its next meeting for consideration and adoption.

REPORT

Legislative Requirements

The Local Government Act 1993 states:

As soon as practicable after a council receives a copy of the auditor’s reports:

· It must fix a date for the meeting at which it proposes to present its audited financial reports, together with the auditor’s reports, to the public, and

· It must give public notice of the date so fixed [Section 418 (1)]

· The date fixed for the meeting must be at least 7 days after the date on which the notice is given, but not more than 5 weeks after the auditor’s reports are given to the council. [Section 418 (2)]

Council’s general-purpose financial statements for the year ended 30 June 2022 have been prepared.

Council’s auditors, NSW Audit Office, have audited the financial statements and will issue an unqualified audit certificate after receiving a signed “Statement by Councilors and Management” following this Council meeting.

The financial statements will be reviewed by the Audit Risk and Improvement Committee at its special meeting on Friday 21 October 2022. All feedback received will be provided to the Councillors via a memorandum.

This paper seeks Council’s endorsement and a resolution authorising issue of the financial statements. A complete set of draft general/ special purpose financial statements and special schedules are provided as Attachment 1.

NSW Audit Office staff will be present at the Council Meeting to answer any questions.

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	Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Division 2 of the Local Government Act 1993
Risk	Financial risk management issues are included in the financial statements

ATTACHMENTS

1. Draft Financial Statements for year ended 30 June 2022 (Under separate cover)

Ordinary Meeting

26 October 2022

Planning & Compliance Report

PLAN 01

Leppington Town Centre Rezoning Review

Strategic Objective	Evolving, Prosperous, Innovative Implement planning controls and best practice urban design to create high-quality, inclusive urban environments
File Ref	319940.2022
Report By	Kweku Aikins - Senior Strategic Planner
Approved By	David Smith - Director Planning & Compliance

Executive Summary

A draft planning proposal has been prepared to rezone land and amend development standards for several land parcels within the Leppington Town Centre (LTC) by Camden Council and Liverpool City Council, supported by the Department of Planning and Environment (DPE).

The LTC was rezoned in 2013 as a strategic centre with a focus on being an employment precinct, serving the broader south-west growth area. The planning proposal seeks to refocus the role of LTC as a strategic centre with a stronger residential focus, given that employment focus has pivoted to the Aerotropolis precincts nearby.

The NSW government initiated a zoning review of Leppington Town Centre in 2017 given the lack of development occurring and changing strategic context of Western Sydney more broadly. In November 2019, the review was transferred to Liverpool and Camden Councils from DPE. This was part of a broader approach by DPE to give Council’s more involvement in precinct planning, while providing funding to enable this work to occur.

Camden Council has taken the lead role in the review of the Leppington Town Centre given that approximately 80% of LTC sits within their LGA boundary. Liverpool has provided input throughout the process in a collaborative manner, with a focus on the northern portion of LTC that is within Liverpool’s LGA.

The draft planning proposal seeks to amend State Environmental Planning Policy (Precincts - Western Parkland City) 2021 (the SEPP) to improve development feasibility of land within the LTC by optimising the extent of certain zones and planning controls. By 2041 the proposed controls will facilitate the delivery of approximately 11,000 jobs and 10,500 dwellings across the entire locality.

The planning proposal is supported by proposed amendments to the Liverpool Growth Centre Precinct Development Control Plan (the DCP) and revised version of schedule of work in the Liverpool Contributions Plan 2014 (Austral and Leppington North Precincts) currently under an IPART review. The draft planning proposal, DCP and associated technical studies are provided as confidential attachments to this report.

This report recommends that the planning proposal be supported in principle by Council and submitted to DPE seeking a Gateway determination and public exhibition. The report also recommends that subject to a Gateway determination, the draft DCP and proposed contributions plan amendments be placed on exhibition concurrently with the planning proposal.

RECOMMENDATION

That Council:

1. Endorses the planning proposal to amend State Environmental Planning Policy (Western Parkland City) 2021 relating to the Leppington Town Centre;

2. Endorses the proposed amendments to the Liverpool Growth Centre Precinct Development Control Plan and Liverpool Contributions Plan 2014 (Austral and Leppington North Precincts) relating to the Leppington Town Centre;

3. Delegates to the A/CEO the authority to make any minor typographical and publishing changes to the planning proposal, contribution plan and the Development Control Plan (DCP) prior to seeking a Gateway determination;

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;

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

6. Receives a further report on the outcome of the public exhibition and community consultation.

REPORT

Site and Locality Description

The Leppington Town Centre (LTC) is located in the South West Growth Area and is approximately 2km south east of the Aerotropolis boundary, 16km north of Campbelltown and 15km west of Liverpool city centre (see Figure 1).

Map

Description automatically generated

Figure 1: Leppington Town Centre Regional Context (Western City District Plan, 2018)

It is a 440 hectare locality with approximately 84 hectares lying within the Liverpool Local Government Area (LGA) and 356 hectares lying within the Camden LGA. The site is identified as a Strategic Centre in the Greater Sydney Region Plan, Western City District Plan and both Council’s Local Strategic Planning Statements (LSPS).

Land within the scope of the planning proposal is identified in Figure 2 below. LTC is situated within the vicinity of Kemps Creek, and Scalabrini Creek. The existing land-use context in the Liverpool LGA is primarily rural residential (under existing use rights), a pocket of new medium density residential dwellings between Fifth and Sixth Avenues, a Senior Housing village east of Edmondson Avenue, and an existing public open space at Scott Memorial Park, located west of Edmondson Ave between Bringelly Road and Fifth Avenue.

Figure 2: Leppington Town Centre Precinct Boundary

Leppington Station, which opened in 2015, is located in the LTC. The existing rail line connects to Liverpool, Parramatta and the Sydney CBD. The extension of rail from Leppington Station to the Aerotropolis along a proposed rail corridor is identified in the NSW Future Transport Strategy. The budget (2022) identified $60.0 million in funding to develop a final business case for extending the Sydney Metro Western Sydney Airport project from Bradfield to Glenfield.

Bringelly Road transects the Camden and Liverpool LGA boundary and provides connections to Liverpool in the east and the Aerotropolis in the west. Edmondson Ave provides a conduit between the planned Fifteenth Avenue Transit Corridor in the north and existing Leppington Station and onto future release precincts in the south.

Map

Description automatically generated

Figure 3: Leppington Town Centre Connectivity (Liverpool LSPS, 2020).

Background/History

LTC was zoned for urban development in 2013 as part of the Austral and Leppington North precincts under the former State Environmental Planning Policy (Sydney Region Growth Centres) 2006. An Indicative Layout Plan (ILP) for the Town Centre was prepared along with site-specific development controls. Shortly after this, in 2014, the Federal Government announced a commitment to deliver the Western Sydney Airport (WSA) at Badgerys Creek.

In 2015, Leppington train station commenced operations and in September 2018, LTC was identified as a strategic centre under the Greater Sydney Region and Western City District Plans. Subsequently, land in the Western Sydney Aerotropolis was rezoned for urban development in 2020 and incorporated into the former State Environmental Planning Policy (Western Sydney Aerotropolis) 2020.

In response to the new airport investment, the release of the Greater Sydney Region and Western City District Plans, and the distinct lack of market interest in planned land use zoning and forms of development in LTC, the NSW government initiated a zoning review of Leppington Town Centre in 2017. In November 2019, the review was transferred to Liverpool and Camden Councils from DPE. This was part of a broader approach by DPE to give Council’s better input into precinct planning, while providing funding to enable this work to occur. Camden Council has taken the lead role given that approximately 80% of LTC sits within their LGA boundary. Liverpool has provided input throughout the process in a collaborative manner, with an especial focus on the northern portion of LTC that is within Liverpool’s LGA.

Table 1 Leppington Town Centre Review History

Year	Event
2013	Leppington was initially rezoned
2014	Western Sydney Airport announced
2015	Leppington Station opened
2016	Draft Greater Sydney Region Plan exhibited
2017	DPE announced review to investigate limited development since rezoning and holds community engagement sessions
2018	Greater Sydney Region Plan and Western City District Plan adopted
2019	Camden and Liverpool Council was handed lead of Leppington Town Centre review
2020	Liverpool Local Strategic Planning Statement is adopted
2021	Council held preliminary community engagement sessions to inform the vision (see attached engagement report)

Details of the Proposal

The broader planning proposal seeks to repurpose LTC as a more residential focused centre and will achieve this by improving development feasibility of land within the LTC, by optimising the extent of certain zones and planning controls. A summary of the changes, as they apply to the Liverpool LGA specifically, are provided below:

· Increased extent of residential and recreation zones

· Updated SEPP building height controls

· Introduction of maximum Floor Space Ratio controls for residential zones

· Introduction of minimum commercial floor space provisions

· Introduce FSR bonus incentives for:

o Low Carbon Building

o Affordable housing for key workers (low and middle-income earners)

· Introduce Local provisions to:

o Encourage design excellence

o Mitigate against urban heat island effect

o Improve public domain

The changes will contribute to the delivery of approximately 11,000 jobs and 10,500 dwellings across the entire locality over the next 20 years.

Development Control Plan Amendment

Draft controls have been developed to provide detailed guidance for a coordinated and logical approach to the development of LTC. The draft DCP controls will be incorporated into Schedule 2 - Leppington Major Centre of the existing Camden and Liverpool Growth Centre Precincts DCPs. The precinct specific controls would take precedence over existing controls in the DCP. The revised DCP includes:

· Desired Future Character Statement and Planning Principles for the Centre;

· A new Indicative Layout Plan (ILP) and road hierarchy for the Centre;

· Public Domain Controls for streets, plazas and public open spaces;

· Building controls for urban building form, landscaping and function;

· Specific controls for certain locations;

· Detailed street and intersection layouts, sections and material treatments;

· Concept designs for linear plazas and open space;

· Street tree masterplan and tree types; and

· Open space concept designs.

The proposal also seeks to amend the title of Schedule 2, from ‘Leppington Major Centre’ to ‘Leppington Town Centre’.

Austral and Leppington North Contributions Plan Revised Schedule and Rate (IPART)

Council currently levies new development to pay for future land acquisition and to fund infrastructure under the Environmental Planning and Assessment Act 1979, Part 7, Section 7.11 as prescribed within Liverpool Contributions Plan 2014 (Austral and Leppington North Precincts). The current plan is limited in the application of levies to an amount of $30,000 per dwelling due to the cap on contributions under NSW Government Policy for plans that have not been reviewed by the Independent Pricing and Regulatory Tribunal NSW (IPART). Recently, Council sought a review of the contribution plan from IPART regarding the land and works schedule, which will allow for the removal of the cap. The plan is still under review by IPART.

The proposed amendments to the SEPP and DCP will require a revision to the contribution plan Schedule of Works and Land Acquisition tables to ensure alignment with the provision of infrastructure funded from the catchment of the LTC. The additional items that are being considered for review in the contribution plan works schedule and land acquisition tables are:

· New Pedestrian roads (x2) (land acquisition and works);

· New Roads (x2) (land acquisition and works); and

· New Open Space (x3) (land acquisition and works).

Although the Essential Work List (EWL) prescribed within the Contribution Plan Practice Note January 2019 does not allow for the consideration of an aquatic centre, Council will seek a nexus and justification for the delivery of a multipurpose community centre including an aquatic centre for the Austral and North Leppington community.

Council will formally request that the IPART submission is updated to include additional items of work, associated with the LTC proposal. It is considered that the proposed changes to the schedules within the plan and revised contribution payable will not require standalone public notification as it is being considered as part of the planning proposal.

Advice of the Local Planning Panel

Clause 2.19(1)(b) of the Environmental Planning and Assessment Act 1979 requires that any planning proposal must be submitted to the Local Planning Panel (LPP) for their advice prior to being considered by Council. Only the planning proposal was required to be reviewed by the LPP. In accordance with the Act, the LPP does not have the responsibility to review any contributions plan or DCP amendment. The LPP supported the planning proposal proceeding to a Gateway determination. The Liverpool and Camden LPP advice and officer responses are attached.

Preliminary Consultation

DPE undertook preliminary community engagement in 2019 to help inform a new vision for the town centre. On 17 February 2021, Camden and Liverpool Councils hosted a community webinar in which staff from both Councils were available to answer enquiries from residents. Information gathered during the webinar was used to inform planning of the locality. It is noted that a formal consultation process will occur once a Gateway determination is issued.

Next Steps and Public Exhibition

The amendments sought by the draft planning proposal remain confidential as revealing the exact details of the draft planning proposal prior to public exhibition may result in increased market speculation prior to public exhibition, which would confer a commercial advantage on certain persons. The Planning Proposal and supporting documents are included as Confidential Attachments in the Confidential Attachment Booklet.

Subject to endorsement by Camden and Liverpool Councils, the draft planning proposal will be submitted to DPE for Gateway Determination and Council officers will request that state agency consultation occurs prior to public exhibition. State agency consultation and public exhibition will be coordinated by Camden and Liverpool Council officers. The draft planning proposal will be placed on public exhibition, concurrently with the draft DCP and any contributions plan amendments.

Conclusion

It is recommended that the planning proposal be supported by Council and be forwarded to the DPE for a Gateway determination. It is also recommended that, subject to a Gateway determination, the draft DCP and contributions plan amendment be placed on exhibition concurrently with the planning proposal.

FINANCIAL IMPLICATIONS

Infrastructure Costs

“Delivering Leppington Town Centre” has been prepared to cost the required infrastructure for the town centre. Proposed infrastructure will largely be funded through developer contributions at a projected cost of $855,822,621 across the entire locality (approx. $85,000,000 in the Liverpool LGA).

The Liverpool Contributions Plan 2014 (Austral and Leppington North Precincts) will be amended to account for the additional infrastructure. Any proposed changes to the contributions plan will be evaluated as part of the ongoing IPART review.

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Enhance the environmental performance of buildings and homes. Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate economic development.
Environment	Enhance the environmental performance of buildings and homes.
Social	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 & Assessment Act 1979 Environmental Planning & Assessment Regulation 2021 State Environmental Planning Policy (Precincts – Western Parkland City) 2021
Risk	The risk is deemed to be Low. There is a low risk that if the proposed controls are not progressed effectively, that development within Leppington Town Centre will remain limited by the existing planning controls. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. LTC Planning Proposal (Under separate cover) - Confidential

2. LTC Draft DCP (Under separate cover) - Confidential

3. LTC SEPP Maps (Under separate cover) - Confidential

4. Designing LTC - Urban Design Report (Under separate cover) - Confidential

5. Delivering LTC - Infrastructure Strategy (Under separate cover) - Confidential

6. LTC Housing and Retail Market Analysis (Under separate cover) - Confidential

7. LTC Social Infrastructure and Open Space Study (Under separate cover) - Confidential

8. LTC Utilities Assessment (Under separate cover) - Confidential

9. LTC Traffic Modelling Assessment (Under separate cover) - Confidential

10. LTC Bushfire Hazard Assessment Report (Under separate cover) - Confidential

11. LPP Comments - Liverpool Response (Under separate cover) - Confidential

12. LPP Comments - Camden officer response (Under separate cover) - Confidential

Ordinary Meeting

26 October 2022

Planning & Compliance Report

PLAN 02

Post exhibition report - Amendment 95 to Liverpool Local Environmental Plan 2008 - Schedule 5 Environmental Heritage

Strategic Objective	Healthy, Inclusive, Engaging Embrace the city’s heritage and history
File Ref	333267.2022
Report By	Lilyan Abosh - Strategic Planner
Approved By	David Smith - Director Planning & Compliance

Executive Summary

At the Council meetings of 28 April 2021 (CONF04) and 30 June 2021 (CONF06), Council resolved to prepare a planning proposal to amend Schedule 5 – Environmental Heritage of the Liverpool Local Environmental Plan (LLEP) 2008 to list 122 Atkinson Street, Liverpool (Lot 52 DP 1090837) and 124 Moore Street, Liverpool (Cnr Lot 1 DP 10447) as heritage items in the LEP.

Consistent with this resolution, a planning proposal (Attachment 1) was prepared which lists the two properties as well as removing six heritage items from Schedule 5. The removed heritage items are no longer subject to the LLEP 2008 and / or have been heavily impacted by previous State Significant Development (SSD) or State Significant Infrastructure (SSI) applications.

The proposal was endorsed at the 23 February 2022 Council meeting (PLAN04) and subsequently submitted to the Department of Planning and Environment (DPE) for a Gateway determination in accordance with Council’s resolution.

A Gateway determination was issued by DPE on 7 April 2022 (Attachment 2), which required Council update the Planning Proposal Report, conduct state agency consultation and place the proposal on public exhibition. The requested additional information has been included in the Planning Proposal Report and supporting attachments.

The planning proposal was placed on public exhibition between 11 May 2022 to 10 June 2022 in line with the Gateway conditions. No formal submissions were received as a result of public exhibition. The proposal was referred to Heritage NSW who raised no objections.

Throughout the planning proposal process, Council staff experienced difficulties contacting the landowner of No. 124 Moore Street, Liverpool. On 27 July 2022, Council received a response from the owner requesting the draft planning proposal be deferred. Council staff have since been engaging with the owner in relation to the preparation of a formal submission for the proposed heritage listing of their property. The landowner has requested a period of six months to engage a heritage consultant to peer review the Heritage Significance Assessment prepared for Council.

To allow a submission to be considered without substantially delaying the planning proposal, the property has been removed from Amendment 95 and will be progressed as part of a new planning proposal process, most likely the Phase 2 LEP Review.

This report updates Council on the Gateway determination issued by DPE, the outcomes of public consultation of the planning proposal and recommends that Council proceeds with Amendment 95 to the LLEP 2008 (with 124 Moore Street, Liverpool excluded) and delegates authority to the A/CEO (or delegate) to liaise with DPE and the Parliamentary Counsel Office (PCO) to finalise the amendment.

RECOMMENDATION

That Council:

1. Notes the Gateway determination for Liverpool Local Environmental Plan 2008 (Amendment 95) and the results of the public authority and community consultation;

2. Notes that consultation with the owner of 124 Moore Street, Liverpool is ongoing and removes the property from Amendment 95;

3. Proceeds with Amendment 95 (as amended by point 2) and delegates authority to the Acting Chief Executive Officer (or delegate) to liaise with the NSW Parliamentary Counsel’s Office and the Department of Planning and Environment to finalise the amendment;

4. Notes that the proposed heritage listing of 124 Moore Street, Liverpool in Schedule 5 – Environmental Heritage of the LEP will be progressed as a separate planning proposal or through the LEP Review underway to enable sufficient time for the landowner to engage their own heritage consultant and provide a submission to Council; and

5. Receives a further report and recommendation following further consultation with the owner of 124 Moore Street, Liverpool.

Report

Background

Council resolved at its meetings in November 2020 and February 2021, to issue an Interim Heritage Order (IHO) for the properties located at 122 Atkinson Street, Liverpool and 124 Moore Street, Liverpool. Both IHO’s were subsequently gazetted by the NSW Government (Attachment 3 and Attachment 4).

In accordance with the NSW Government guidelines for IHOs, a Preliminary Assessment of Heritage Significance was undertaken for each property, identifying the need to complete a more detailed assessment.

In November 2020, FORM Architects were engaged by Council to prepare an Assessment of Heritage Significance for 122 Atkinson Street, Liverpool. The report concluded that the building is historically and socially significant and therefore meets the threshold for local heritage listing.

Similarly, 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 had not been undermined. It was concluded that the property holds local heritage significance.

Council subsequently 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 (LLEP) 2008.

Consistent with Council’s resolution, a planning proposal was prepared to list the properties as well as removing six heritage items from Schedule 5 (Items 4, 5, 27, 36, 57A & 59). The items to be removed are no longer subject to the LLEP and / or have been heavily impacted by previous State Significant Development (SSD) or State Significant Infrastructure (SSI) applications, as detailed in the Planning Proposal Report (Attachment 1).

At its meeting on 23 February 2022, Council resolved the following:

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 of the plan making process.

This report addresses point 6 of the above resolution. The proposal was sent to the Department of Planning and Environment (DPE) on 15 March 2022 requesting a Gateway determination.

Gateway Determination

A Gateway determination was issued on 7 April 2022 (Attachment 2), which included the following conditions that were to be satisfied prior to community consultation:

Prior to public exhibition the planning proposal is updated to:

(a) clearly identify the land involved on relevant maps, which may require removal of Heritage Map Sheet HER_001 from the planning proposal;

(b) accurately identify the land description of the items;

(c) refer and assess consistency with relevant Section 9.1 Directions issued on 1 March 2022; and

(d) refer and address consistency with relevant State Environmental Planning Policies that are in force.

The requested additional information was included in the post Gateway Planning Proposal Report and report attachments. The timeframe for completing the amendment is 7 October 2022. Due to delays experienced contacting the landowners of the proposed heritage listed properties, Council has had to submit a request to extend the Gateway determination by an additional 3 months.

Community Consultation

The planning proposal and relevant documents were placed on public exhibition from 11 May 2022 until 10 June 2022. During this period Council staff responded to two email enquiries seeking clarification on the status of the heritage items to be removed. These enquiries did not eventuate into submissions and as such, no community submissions were formally received.

Public Authority Consultation

In accordance with the Gateway determination, state agency consultation was required with the NSW Heritage Office. The agency submission deferred back to Council as the authority for decisions on listing and delisting local heritage, however encouraged the identification of new local heritage items. The agency submission is provided at Attachment 5.

Consultation with Owner of 122 Atkinson Street, Liverpool

Council staff notified the landowner of 122 Atkinson Street of the planning proposal during the public exhibition period and via letter on 1 July 2022. A response from the owner of 122 Atkinson Street, Liverpool was received on 25 July 2022, to which Council’s heritage officer provided advice on the development potential of the site. Council staff also subsequently contacted the owner by phone to reiterate the details of the planning proposal, next steps and the impacts of heritage listing the property with regards to development.

Consultation with Owner of 124 Moore Street, Liverpool

Council staff experienced difficulties contacting the landowner through the planning proposal process. It was not until Council staff contacted the owner via email that correspondence was received on 27 July 2022, requesting the draft planning proposal be deferred. Council staff have since been engaging with the landowner in relation to the preparation of a formal submission for the proposed heritage listing. In this regard, the owner has requested six months to engage a heritage consultant to peer review the Heritage Significance Assessment prepared for Council.

It is considered reasonable to allow further time for the landowner to complete analysis and provide a detailed submission. Therefore, to allow a submission from the landowner to be considered without substantially delaying the planning proposal, it is recommended that the property be removed from Amendment 95. This matter can be progressed as part of a new separate planning proposal process, potentially as part of the Phase 2 LEP Review.

Next Steps

If Council resolves to finalise Amendment 95 as recommended, staff will liaise with the NSW Parliamentary Counsel’s Office and DPE to begin the legal drafting of the amendment to the LEP. Once finalised, LLEP 2008 Amendment 95 will be notified in the NSW Government Gazette.

Conclusion

The Gateway determination requirements for Amendment 95 have been satisfied and matters raised by the state agency appropriately considered.

It is recommended that Council finalises Amendment 95 to the LLEP 2008, noting the proposed removal of the 124 Moore Street site, and delegates authority to the Acting CEO (or his delegate) to liaise with the Parliamentary Counsel’s Office and DPE to finalise Amendment 95.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility.
Legislative	Sections 3.31 to 3.37 of the Environmental Planning and Assessment Act 1979 Sections 28 and 29 of the Heritage Act 1977 No 136
Risk	The risk is deemed to be Medium. With the removal of 124 Moore Street, Liverpool from Amendment 95 and the expiry of the IHO, there is a risk that the site will not be protected for a period of time, during which the landowner may sell the property or potentially be able to demolish the structure without submitting a development application to Council. Furthermore, there is a risk in relation to potential time delays due to the removal of the 124 Moore Street, Liverpool site and the need for a separate process in order to consider landowner concerns. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Planning Proposal (Under separate cover)

2. Gateway Determination (Under separate cover)

3. Government Gazette IHO - 122 Atkinson St, Liverpool (Under separate cover)

4. Government Gazette IHO - 124 Moore St, Liverpool (Under separate cover)

5. State Agency Consultation (Under separate cover)

Ordinary Meeting

26 October 2022

Planning & Compliance Report

PLAN 03

Quarterly Report - Clause 4.6 Variations to Development Standards

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	338955.2022
Report By	William Attard - Manager Development Assessment
Approved By	David Smith - Director Planning & Compliance

Executive Summary

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

Council provides the quarterly report to DPE and publishes the register on an ongoing basis on Council’s website.

There were three (3) Development Applications approved in the last reporting quarter with a Clause 4.6 variation.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Clause 4.6 of the Standard Instrument permits a consent authority to consider Development Applications that do not comply with specified Development Standards contained within the Liverpool Local Environmental Plan 2008 (LEP) or other Environmental Planning Instruments, such as State Environmental Planning Policies. This is a common rule that applies to all Councils across NSW.

Generally, a Development Standard is a requirement of an Environmental Planning Instrument that has a numerical value. Common requirements include Height of Building, Minimum Lot Size and Floor Space Ratio. Development Control Plan numerical values are not development standards.

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

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

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

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

To ensure transparency and integrity in the planning framework, and consistent with Planning Circular PS 20-002, quarterly reporting to a Council meeting is also required.

The Clause 4.6 Variation Register for the quarter between July and September 2022 is provided at Attachment 1 for the information of the Council and community.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision-making processes.
Legislative	This report fulfils Council’s obligation with Planning Circular PS 20-002.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Clause 4.6 Variation Register

Ordinary Meeting

26 October 2022

Community & Culture Report

COM 01

Draft Social Impact Assessment Policy and Guidelines - Bi-annual Review

Strategic Direction	Evolving, Prosperous, Innovative Implement planning controls and best practice urban design to create high-quality, inclusive urban environments
File Ref	288252.2022
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Anna Rizos - Acting Director Community & Culture

Executive Summary

The draft Social Impact Assessment (SIA) Policy and Guidelines are the key mechanisms for Council to identify and manage the potential social impacts of proposed developments, policies, and planning instruments. It aims to maximise the social outcomes, community benefits and social sustainability of developments within the Liverpool LGA.

The draft SIA Policy and Guidelines are grounded in the five main principles of social justice including access to resources, equity, participation, diversity, and human rights. Council has a statutory obligation under section 4.15 of the Environmental Planning and Assessment Act 1979 to consider the social impacts of development applications.

Council adopted the SIA Policy and Guidelines first in 2012, with a review cycle of every two years. This report presents the updated SIA Policy and Guidelines for Council’s consideration to place on public exhibition. Key changes in this review cycle include:

· A revision of policy statement to align better with the SIA requirements and scope;

· Update of SIA Triggers and SIA Types sections – to correctly reference new and current legislative changes and development proposal types;

· Update of SIA Assessment Form to better assist applicants - inclusion of a scoping question and referral to relevant strategies or websites for further information; and

· General text formatting and editing.

The Draft SIA Policy and Guidelines has been developed in consultation with various Council departments. Additionally, an independent industry expert was engaged to undertake a peer review to ensure the Policy is on par with industry best practice and relevant planning guidelines.

The Draft SIA Policy and Guidelines are attached to this report for the consideration of Council.

RECOMMENDATION

That Council:

1. Receive and notes this report;

2. Endorses the draft Social Impact Assessment Policy and Guidelines for public exhibition for a period of 28 days; and

3. Receives a report at the completion of the public exhibition period noting feedback received and any changes made to the Draft Policy in line with community feedback, or if no submissions are received, delegate authority to the CEO to endorse the Social Impact Assessment Policy and Guidelines.

REPORT

Social Impact Assessment (SIA) is the process of assessing, monitoring and managing the intended and unintended social consequences, both positive and negative, of planned interventions including policies, legislations and development proposals.

When undertaken as part of a Development Approval process, an SIA is prepared to assist the relevant consent authority to make an informed decision. Its primary purpose is to bring about a more social, culturally, ecologically and economically sustainable and equitable environment. Although a SIA is used as an impact prediction mechanism and decision-making tool in regulatory processes, the role of SIA in contributing to the ongoing management of social issues throughout the whole project development cycle, from conception to post-closure, is equally important.

The rationale for Council to have a stronger and more comprehensive SIA Policy and related mechanisms in place include but are not limited to the exponential growth within the Liverpool LGA and the positioning of Liverpool as the third CBD of Sydney; and emerging international trends on incorporating impact analysis and community participation in decision making processes. It allows Council to have a strong position to ensure:

a) Positive impacts emerging from policies, programs and projects are maximised.

b) Community opinions and or needs are prioritised in an equitable and inclusive way through a genuine engagement process.

c) Social, environmental and economic qualities of the local area are enhanced as a result of permitted development.

d) Increased trust in Council by the Liverpool community through an enhanced consistency and transparency in Council’s decision-making processes.

Review process and highlights of Key Changes

Building on the current SIA Policy and Guidelines, the draft SIA Policy and Guidelines has been updated following a comprehensive review of international best practice guidance, emerging trends in the field of social impact assessment and an analysis of Liverpool’s local context regarding specific pressures, gaps and requirements. These changes reflect:

· The type of development proposals assessed by Council in recent times;

· Feedback from key internal departments - Strategic Planning, Development Assessment, Legal Services and Urban Design departments;

· Benchmarking of the work of other councils through the Social Planners Network of Local Government NSW (LGNSW); and

· Feedback from external consultant undertaking a peer review.

The key changes are summarised as follows:

· A revision of policy statement to align better with the SIA requirements and scope;

· Update of SIA Triggers and SIA Types sections – to correctly reference new and current legislative changes and development proposal types;

· Update of SIA Assessment Form to better assist applicants - inclusion of a scoping question and referral to relevant strategies or websites for further information; and

· General text formatting and editing.

Recommendation

This report recommends that Council endorses placing the draft Social Impact Assessment Policy and Guidelines on public exhibition for a period of 28 day.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Support policies and plans that prevent crime. Regulate for a mix of housing types that responds to different population groups such as young families and older people. Support community organizations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination. Support access and services for people with a disability. Deliver high quality services for children and their families.
Civic Leadership	Undertake communication practices with the community and stakeholders across a range of media. Foster neighborhood 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	Environmental Planning & Assessment Act 1979 Local Government Act, 1993 Gaming Machines Act, 2001 / Liquor Act, 2007 Liverpool Local Environmental Plan 2008 Liverpool Development Control Plan (DCP), 2008 State Environmental Planning Policy (Housing) 2021 Liverpool City Council Social Justice Policy, 2018 Draft Local Strategic Planning Statement (LSPS), Connected Liverpool 2050
Risk	The risk is deemed to be Low. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Draft Social Impact Assessment Policy and Guidelines 2022 for Public Exhibition September 2022 (Under separate cover)

Ordinary Meeting

26 October 2022

Community & Culture Report

COM 02

Installation of Synthetic Cricket Wickets funded under Cricket NSW Infrastructure Grant (2022)

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	349163.2022
Report By	Craig Lambeth - Acting Manager Community Recreation
Approved By	Anna Rizos - Manager Customer Experience

Executive Summary

In 2022 Council submitted an application through the Cricket NSW Infrastructure Grants to support the installation of additional cricket pitches across the LGA.

The funding submission was intended to assist in meeting the significant demand for Cricket pitches across the LGA. At present, Council is not able to meet the significant demand for these facilities and now has a wait list of interested sports and community groups seeking to use these facilities on weekends.

Cricket NSW awarded an amount of $39,600 for the installation of the three (3) synthetic pitches to be matched on a minimum dollar for dollar basis by Council. Making allowance for pre-installation soil testing the estimated contributions from Council is approximately $50,100 (without contingency). Council has identified the capacity to fund this amount through capital savings with the intention to install new synthetic wickets, subject to its due diligence, at:

· Australis Park, Wattle Grove

· Blamfield Oval, Ashcroft

· Craik Park, Austral

At the September 2022 Council Meeting, a notice of urgency related to the grant funding was tabled, from which Council resolved:

· To provide in principle support to allocate the required matching contribution for this grant

· Identify suitable sites for cricket pitches under this grant; and

· Report back to Council at the October 2022 meeting regarding costs associated with these works

This Report subsequently seeks to provide clarity on the resolved by Council at the September 2022 Meeting.

RECOMMENDATION

That Council:

1. Receive and note this report.

2. Supports the installation of synthetic Cricket pitches at the recommended sites.

3. Approves the allocation of funding to match the Cricket NSW Infrastructure Grant allocation for the installation of 3 cricket wickets across the Liverpool LGA

REPORT

Background

Councils Recreation Services team facilitates opportunities for Sporting and Community Groups to delivery structured and inclusive sport and recreation programs to the Liverpool community. Currently Council’s sport and recreation facilities hosts an estimated 500,000 participations annually, acting as a significant contributor to the physical, mental and social wellness of the Liverpool community.

While in most areas Council meets the current demand for sporting infrastructure, Council is not able to meet the significant demand for Cricket facilities. For the summer season 2022/23, Council’s cricket facilities are at 100% capacity during weekends and now has a wait list of interested sporting and community groups seeking to use these facilities on weekends. Significantly, Council has received a dramatic influx of requests for the hire of cricket ovals from a diverse range of community groups seeking opportunities to host formal cricket competitions outside of the governance of traditional state sporting organisations.

In April 2022 Council submitted an application through the Cricket NSW Infrastructure Grants to support the installation of additional cricket pitches across the LGA. A subsequent amount of $39,600 was awarded to Council for the installation of three (3) synthetic pitches to be matched on a minimum dollar for dollar basis by Council.

The funding submission was intended to assist Council in meeting the significant unmet demand for Cricket pitches across the LGA. At present,

At the September 2022 Council Meeting, a notice of urgency related to this matter from which Council resolved:

· To provide in principle support to allocate the required matching contribution for this grant

· Identify suitable sites for cricket pitches under this grant; and

· Report back to Council at the October 2022 meeting regarding costs associated with these works

Site Locations

In 2021 Council met with Cricket NSW as the State Sporting Organisation to understand the current and future plans for the development of cricket within the Liverpool LGA, and to understand the minimal facility requirements to support the continued development of the sport.

From that discussion Council has considered the options for suitable sites for the installation of cricket pitches under funding agreement based on the following criteria:

· The location is suitable (surface quality, boundary lengths, north/south aspect)

· The location is supported by amenities and, where possible, changerooms

· The installation of the synthetic cricket pitch will not adversely impact the continuation of other sports or users

· There are no adverse environmental impacts

· The works can be executed for the funding amount.

From this, the following sites were assessed:

Site	Surface Quality	Amenities	Impact on users	Env. impact	Within Budget
Australis Park, Wattle Grove	ü	ü	None	Unlikely	ü
Blamfield Oval, Ashcroft	ü	ü	Minimal	Unlikely	X
Clinches Pond Reserve, Hammondville	ü	ü	None	Possible	ü
Craik Park, Austral	ü	ü	Minimal	Unlikely	X
Daruk Park, Warwick Farm	X	ü	Significant	Unlikely	ü
Durrant Oval, Warwick Farm	X	ü	Minimal	Unlikely	X
Dwyer Oval, Warwick Farm	X	ü	None	Unlikely	X
Hammondville Park, Hammondville	ü	ü	Significant	Unlikely	ü
Ireland Park, Liverpool	X	ü	Minimal	Unlikely	X
Jardine Park, Casula	X	ü	Significant	Unlikely	ü
Landa Park, Ashcroft	X	ü	Minimal	Unlikely	X
Larry Grant, Ashcroft	X	ü	Minimal	Unlikely	X
McGirr Park, Miller	ü	ü	Minimal	Unlikely	X
Mihalovic Reserve, Green Valley	X	X	None	Unlikely	ü
Paculiio Park, Lurnea	X	ü	None	Unlikely	ü
Ron Darcy* Oval, Miller	ü	ü	Significant	Unlikely	X
Stanwell Park	X	ü	Significant	Unlikely	ü

* Likely impacted by Miller Social Infrastructure Master Plan

Given the assessments, and subject to undertaking its due diligence, the following sites are recommended as suitable for installation of cricket wickets:

· Australis Park

· Craik Park

· Blamfield Oval

Should the nominated sites be identified as unsuitable, the following sites will be activated:

· McGirr Park

· Clinches Pond Reserve

Council notes that the installation of synthetic cricket wickets at Craik Park and Blamfield Oval will require remediation for the winter sports season. To this point, Council has historically covered its synthetic wickets in sand/soil as a mechanism to safe-guard winter sports participants. In 2021/22 however, Council trialed the use of soft-fall synthetic grass overlays as an alternative to sand/soil with good affect at Peter Miller Park, Amalfi Reserve, and Childs Park. Given the positive feedback from the winter sports users, Council Officers recommend the purchase of these mats to cover as funding is available.

Financial Modelling

The cost to install three (3) synthetic Cricket wickets including a provision for soil contamination testing at each site is estimated as being $89,700, with a contribution of $50,100 required from Council that has been sourced through capital program savings.

Project Revenue
Grant funding from Cricket NSW	$39,600
Council Contribution from savings in Capital program	$50,100
TOTAL REVENUE	$89,700

Less Project Expenses
Installation of synthetic wickets	$79,200
Soil contamination testing @$3500 per site	$10,500
TOTAL EXPENSES	$89,700

Delivery Timeframes

Installation timeframes for these cricket wickets are subject to the finalisation of proposed locations. However, minimal lead times are expected for construction commencement once these sites have been selected due to the nature and scale of these works; with project completion anticipated well within the stipulated grant deadlines.

FINANCIAL IMPLICATIONS

Costs associated with this recommendation have been included in Council’s budget for the current year and long-term financial plan.

	2022/23	2023/24	2024/25	2025/26
Operating budget / LTFP impact	$0	$0	$0	$0
Capital budget impact	$50,100	$0	$0	$0
Ongoing unbudgeted impact to opex from capital expenditure	$0	$0	$0	$0
Unbudgeted impact to unrestricted cash	$0	$0	$0	$0
Funding source (Cricket NSW Infrastructure grant)	$39,600	$0	$0	$0

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

City Presentation Report

PRES 01

Chain of Responsibility - Telematics

Strategic Objective	Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources
File Ref	305526.2022
Report By	Matthew Morris - Acting Director City Presentation
Approved By	Matthew Morris - Acting Director City Presentation

Executive Summary

The implementation of Telematics is scheduled next year as part of the Chain of Responsibility 3-year plan. No decision has been made on the scope of works for the telemetry system council will require only that it must provide compliance for Chain of responsibility legislation. City Presentation have received 2 separate quotations from suppliers offering similar services which have been listed in the below table.

RECOMMENDATION

That Council receive a report at the next Council Meeting on the cost of adding telematics within six months, prioritising heavy Vehicles

REPORT

The current fleet status is as follows:

· Large diverse fleet comprising heavy and light vehicles

· No current GPS system

· No accurate visibility of vehicle usage

· 306 Sq km of coverage.

There are multiple systems on offer that not only comply with Chain of Responsibility but can also provide additional value-added functions that will assist in areas of safety, compliance, reporting and fiscal savings. As part of tender for such a system it would be pertinent to consider a wider scope. Such a scope would include but be not limited to:

· Pre – Drive Inspection checklist for drivers

· Security – swipe card access to prevent theft / unauthorised use

· Servicing / Maintenance – Customise scheduling and record keeping

· Fuel & Toll Reporting – manage transactions for Taxation / budgetary reporting

· Vehicle utilisation – report on usage and improve utilisation

· Driver Safety & Behaviour – monitor events to improve Safety

· Operational efficiencies – validating task times against current work schedules

· Reporting – dashboard reporting for vehicle and/or departments

FINANCIAL IMPLICATIONS

Costs associated with this recommendation are outside of Council’s current budget and long-term financial plan. The impact on the budget and long-term financial plan are outlined in the table below. Note – prices are current as of September / October 2022.

Telematics

Costings - Based on 60 Vehicles

Year 1

Year 2

Year 3

Totals

Product 1

(No Contract)

Data per month per vehicle $22

Unit purchase per vehicle $275

Installation per vehicle $120

TOTAL

$15840

$16500

$7200

$39540

$15840

$71220

Product 2

(36-month Contract)

Data per month per vehicle $50

One off training/establishment

Fee $5000

TOTAL

$36000

$5000

$41000

$36000

$113000

CONSIDERATIONS

Economic	Utilisation of data to review operational schedules to decrease travel time and fuel consumption. Utilisation of GPS data to identify closest and most efficient plant to assist with emergency requests – customer or emergency services.
Environment	Utilise telemetry data to better manage carbon emissions by managing work schedules more effectively and efficiently. Timely replacement of aging plant and equipment. Manage vehicle servicing to ensure peak performance of plant reducing fossil fuel consumption.
Social	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Implement and operate a well-developed vehicle reporting system that demonstrates accountability, transparency and ethical conduct.
Legislative	Provide reporting for CoR legislation
Risk	The risk is deemed to be Medium.

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

City Presentation Report

PRES 02

Road Surface Technology Report

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	345694.2022
Report By	Terry Bilal - Manager Civil Works
Approved By	Matthew Morris - Acting Director City Presentation

Executive Summary

On the 29^th of June 2022 a Question with Notice was requested for information regarding Council’s involvement in new Road Surface Technology in the repairing and maintenance of Potholes.

Liverpool Council was declared as a natural disaster affected area following the recent severe weather events across Sydney. This increased rainfall has unfortunately led to accelerated damage and deterioration to our extensive road network.

RECOMMENDATION

That Council:

1. Seek partnership with another organisation;

2. Report back to Council if a partnership is established; and

3. Continue to use hot mix and cold mix until a partnership has been established.

REPORT

Question Part 1

To commence a similar trial in our LGA, experimental investigations shall be carried out in a way that crushed concrete (CC) and recycled crushed glass (RCG) samples must be prepared and tested in the following steps.

· A detailed material characteristic should be provided showing all the geotechnical properties of materials used for both CC and RCG.

The following table typically shows some of the key material characteristics of a CC sample and 2 samples made of most prevalent blends of (70% CC – 30% RCG) and (60%CC – 40%RCG) conducted for a similar investigation.

Table

Description automatically generated

To obtain such detailed material properties, a geotechnical firm must be hired.

1) The next step is to decipher the compatibility and usefulness of such samples according to limits specified for subbase and base layers.

The following graph typically compares the particle size distributions for materials used in an experimental investigation with the limits specified by Australian standards.

Chart

Description automatically generated

Obviously, the more compatible the sample related graphs and their limits are, the better results can be anticipated.

It’s understood that pavement profiles are made of these 3 layers according to the Figure:

Graphical user interface, text, application, chat or text message

Description automatically generated

The main advantage of utilising blends of CC and RCG instead of 100% CC is their cost effectiveness as the cost of concrete for asphalt road is one of the most deciding factors with respect to budgeting and feasibility analysis.

Generally, in gradation analysis and comparison against the envelopes of specifications, it is recommended that this material is most suited to be used in the subbase layer. Moreover, since the subbase layer is less critical than the base layer, the higher glass contents can be used in this layer without affecting the overall performance of the pavement. There are also concerns over the gradation deficiencies of CC, such as presence of many coarse and fine particles (i.e. non-uniform gradation) and how well a sprayed seal or a thin asphalt surfacing might adhere to a CC base with these gradation deficiencies. Hence, the subbase layer is usually a better candidate for using these materials.

· Next step is testing the samples individually and under exact same conditions. For this purpose, an Extra-Large Wheel Tracking (XL-WT) can be used where constant loading and cycles are to be applied on each sample.

The following Figure shows the XL-WT device and the testing process:

A picture containing graphical user interface

Description automatically generated

The following table shows the material testing conditions, achieved compaction and moisture content and overall mean deformation for an experimental analysis where 40,000 cycles and 8kN were applied on samples.

Table

Description automatically generated

According to the results obtained from that analysis, addition of RCG to CC, resulted in a decrease in the mean deformation as expected. However, addition of RCG, considerably enhanced the compactability of materials by nearly 10%.

The above mentioned 3 steps shall be performed for our LGA as well to fully understand the benefits and drawbacks of RCG addition to the conventional CC pavement, should we choose to use this material in our projects.

Question Part 2

The strategy to deal with the increased potholing across the road network can be divided in three different approaches:

1. Short term – primarily pothole filling with some operational small area, standard design, heavy patching based on hazard inspection.

2. Medium Term – formally designed larger capital heavy patching based on maintenance demand reporting and condition rating data from the Pavement Management System.

3 Long Term – road segment renewal treatments based on advanced deterioration modelling in the Pavement Management System.

Utilisation of recycled crushed glasses in sub-base layer is one of the long-term solutions. Since addition of RCG results in greater compaction in the road surface, therefore addition of small pieces of glass in the sub-base of asphalt can be used as a tool to reduce the occurrence of potholes.

This technology is unique in a sense that small pieces of glass are getting recycled which is very difficult to recycle normally compared to a whole bottle.

On the other hand, more compaction means much stronger base and sub-base, the pavement won't settle, which means it won't crack and water won't get in and consequently less potholes will be developed on roads surfaces.

Cost effectiveness is another major benefit of utilising crushed glass as 30 to 40 % of the concrete mass will be replaced by crushed glass which can be a huge saving for asphalting projects not only in our LGA but across the state and country.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.
Environment	Minimise household and commercial waste. Manage the environmental health of waterways.
Social	Raise awareness in the community about the available services and facilities.
Civic Leadership	Act as an environmental leader in the community. Encourage the community to engage in Council initiatives and actions. 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.

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

Committee Reports

CTTE 01

Minutes of the Environment Advisory Committee Meeting held on 15 August 2022

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	316193.2022
Report By	Michael Zengovski - Manager City Environment
Approved By	Raj Autar - Director Infrastructure & Environment

Executive Summary

This report is tabled in order to present the Minutes of the Environment Advisory Committee Meeting held on 15 August 2022.

RECOMMENDATION

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 15 August 2022.

REPORT

The Minutes of the Environment Advisory Committee held on 15 August 2022 are attached for the information of Council.

FINANCIAL IMPLICATIONS

None of the actions contained in the minutes will have a financial impact on Council.

CONSIDERATIONS

Economic	Enhance the environmental performance of buildings and homes.
Environment	Minimise household and commercial waste. Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Retain viable opportunities for local food production while managing land use to meet urban growth. Enhance the environmental performance of buildings and homes. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues.
Social	Raise awareness in the community about the available services and facilities. Provide cultural centres and activities for the enjoyment of the arts. Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. 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	There is no risk associated with this report.

ATTACHMENTS

1. EAC Minutes 15 August 2022.pdf

Ordinary Meeting

26 October 2022

Committee Reports

CTTE 02

Minutes of the Community Safety & Crime Prevention Advisory Committee meeting held on 1 September 2022

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	322346.2022
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Anna Rizos – Acting Director Community & Culture

Executive Summary

This report is tabled to present the Minutes of the Community Safety & Crime Prevention Advisory Committee Meeting held on 1 September 2022.

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Community Safety & Crime Prevention Committee Meeting held on 1 September 2022; and

2. Endorses the recommendations in the Minutes.

REPORT

The Minutes of the Community Safety & Crime Prevention Advisory Committee Meeting held on 1 September 2022 are presented for the information of Council.

The minutes contain the following actions or Committee recommendations:

· Council to request for Liverpool Police input and data on race related crimes/reports in Liverpool;

· Council to request Liverpool Police to send a crime report so it can be shared with the Committee;

· Council to request Liverpool Police to increase patrols in the Carnes Hill area;

· Council to provide updates on Bigge Park anti-social behaviour related matters at the next meeting;

· Council to report Elizabeth Hills area crime concerns to Liverpool Police and request increased patrols;

· The Road Safety Officer to share a copy of the safety check flyer with the Committee; and

· Council to share photos from the Homelessness Week Services Expo with the Committee.

FINANCIAL IMPLICATIONS

None of the actions contained in the minutes will have a financial impact on Council.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Support policies and plans that prevent crime.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Minutes of the Community Safety & Crime Prevention Advisory Committee meeting held on 1 September 2022

Ordinary Meeting

26 October 2022

Committee Reports

CTTE 03

Minutes of the Aboriginal Consultative Committee meeting held on 1 September 2022

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	334909.2022
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Anna Rizos – Acting Director Community & Culture

Executive Summary

This report is tabled to present the Minutes of the Aboriginal Consultative Committee Meeting held on 1 September 2022.

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 1 September 2022; and

2. Endorse the recommendations in the Minutes.

REPORT

The Minutes of the Aboriginal Consultative Committee meeting held on 1 September 2022 are attached for the information of Council.

The minutes contain the following actions or Committee recommendations: .

· Council to provide further information regarding the planned development for the land at Leppington and request DPE undertake further consultation with First Nations community members on this project.

· Council to advocate for at least two First Nations identified positions as part of the Georges River Reactivation Committee

· Council to seek further clarification regarding the traditional custodians of the land in that area and advocate for the appropriate name for that location.

· Council to provide clarification on the boundaries of the land described as “east of Collingwood House” to ascertain whether this incorporates the land to the Georges River.

· Council to arrange for consultation to occur with ACC members regarding the LEP review.

· Council to provide a copy of the list of locations noted as culturally significant with the Committee members.

· Council to pursue opportunities to include the names of the traditional custodians of the land on all entryway signage in Liverpool.

· Council to investigate opportunities to include a plaque or monument acknowledging First Nations people at Augusta Cullen Plaza.

· Council to facilitate further discussion regarding the use of the term “First Nations” to describe the local community.

· Council to liaise with Belgravia Leisure to host a future meeting of the Aboriginal Consultative Committee at Whitlam Leisure Centre.

FINANCIAL IMPLICATIONS

There will be financial implications relating to including a plaque or monument acknowledging First Nations people at Augusta Cullen Plaza. Should Council resolve to approve inclusion of a plaque or monument, the costing will be investigated and presented with the meeting minutes of the Aboriginal Consultative Meeting on 1 December.

None of the other actions contained in the minutes will have a financial impact on Council.

CONSIDERATIONS

Economic	The cost of a plaque or monument, to be investigated and reported back with the next ACC meeting minutes in December 2022. There are no other 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. Promote community harmony and address discrimination.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Minutes of the Aboriginal Consultative Committee meeting held on 1 September 2022

Ordinary Meeting

26 October 2022

Committee Reports

CTTE 04

Minutes of the Liverpool Local Traffic Committee meeting held on 21 September 2022

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	340185.2022
Report By	Charles Wiafe - Manager Transport Management
Approved By	David Smith - Director Planning & Compliance

Executive Summary

This report presents the recommendations from the Liverpool Local Traffic Committee meeting held on 21 September 2022. At the meeting, the Committee considered nine (9) agenda, three (3) technical discussion, and seven (7) general business items.

A copy of the meeting minutes along with the Attachment Booklet with the Committee’s recommendations are included in Attachments 1 and 2.

RECOMMENDATION

That Council adopts the following Committee recommendations:

Item 1 - Hume Highway and Grove Street, Casula – Proposed Intersection Modification along the Grove Street Approach

Council to undertake community consultation on the following two options:

· Full road closure of Grove Street at its intersection with Hume Highway

· Installation of concrete blister islands including signs and line markings as shown in the Committee’s agenda attachment booklet.

The outcome of the community consultation to be presented to a future Committee meeting with a recommended solution.

Item 2 - Balmain Road/Hoxton Park Road Intersection, Cartwright – Proposed Intersection Improvement

Council to undertake community consultation on the following two options:

· Extension of the existing median separating Hoxton Park Road with Hoxton Park Road Serviceway without a left slip lane from Hoxton Park Road into the Serviceway.

· A fourth leg for an exit only link to the existing traffic signals approximately 120m east of Balmain Road.

The outcome of the community consultation to be presented to a future Committee meeting with a recommended solution.

Item 3 - Church Road at intersection with Heathcote Road, Moorebank – Proposed Pedestrian Refuge

Approves installation of a pedestrian refuge and associated signs and line markings at Heathcote Road and Church Road intersection.

Item 4 - Green Valley Road, Green Valley – Request for Traffic Calming

Council to undertake community consultation on the following two options:

· Horizontal deflections along Green Valley Road at its intersections with Crocodile Drive and Rocco Place or

· Speed humps close to House Nos. 234/236 and 284/309.

The outcome of the community consultation to be presented to a future Committee meeting with a recommended solution.

Council is to nominate the road section to TfNSW and Centre for Road Safety for mobile speed camera to be deployed to help address the speeding concern.

Item 5 - Traffic Speeding on Local Roads – Requests for Traffic Calming

Approves installation of a raised threshold across Bird Walton Avenue, Middleton Grange, close to Briggs Avenue and chevron markers at the curved road section.

Approves installation of separation line marking in Lismore Street, Hoxton Park, and investigate alternate measures to reduce through traffic along the street.

Council to nominate road sections, where applicable, to TfNSW and Centre for Road Safety for mobile speed camera to be deployed to help address the speeding concern.

Item 6 - Gill Avenue, Liverpool – Proposed Kerb Lane Extension

Approves proposed extension of the Gill Avenue kerb side lane at its intersection with Hoxton Park Road and associated signs and linemarking scheme.

Item 7 - Liverpool City Centre – Proposed Special Community Event, Turbans 4 Australia

Approves classification of the event as a Class 2 Special Event with all associated conditions. Council to liaise with the event organisers, Police and local bus companies to ensure that the impact of the event is minimised.

Item 8 - Greendale Road, Greendale – Proposed Road Realignment

Approves the signs and line marking scheme in the Greendale Road section, Greendale.

Item 9 - Items Approved Under Delegated Authority

Notes the approved items under delegated authority.

REPORT

The Technical items discussed, and associated summary comments are as follows:

TD1 - First Avenue and Twentieth Avenue, Hoxton Park – Options to Reduce Traffic Delay

· TfNSW to be requested to review traffic signals operation at the Hoxton Park Road and First Avenue intersection.

· Council to prepare a design to extend the existing northbound lanes along First Avenue, with the removal of an existing kerb blister and associated parking restriction during the morning peak period, is to be presented to a future Committee meeting.

TD2 - Liverpool City Centre - Request for Installation of Bollards on Footpaths

· The Committee raised no objection for the requested bollards installations in the Liverpool City Centre.

TD3 - Warwick Farm Racecourse Precinct – Proposed Traffic Management

· The Committee supported the horse trainer’s request to engage traffic controllers to regulate traffic provided the traffic controllers are qualified and an appropriate Traffic Management Plan (TMP) is endorsed by Council, TfNSW and Police and implemented to Council’s satisfaction.

The seven general business items discussed, and associated summary comments are as follows:

GB1 - Hume Highway/Old Kurrajong Road Intersection, Casula – Request for No Right Turn Restriction

Council to prepare and submit a Transport Management Plan to TfNSW to endorse ‘No Right Turn’ restriction at the Hume Highway/Old Kurrajong Road intersection.

GB2 - Kurrajong Road, Prestons - Westbound Traffic Movement In front of Amity College

Council to prepare a design with kerbside lane line marking to permit through traffic in 3.2m lane with an appropriate merge lane, and 1.8m on-road bicycle lane (in addition to the existing paved footpath).

GB3 - South Liverpool Road/Banks Road and the T-way intersection, Green Valley – Delays for Right Turn Bus Movements

Council to request TfNSW to investigate options to reduce delays for bus movements and improve road safety, at the intersection.

GB4 - Fifteenth Avenue, Middleton Grange - Installation of Advisory Compression Braking Signs

Council to identify suitable locations in consultation with TfNSW, to install advisory signs (G9-291-1n) requesting heavy vehicle drivers to limit the use of compression brakes.

GB5 - Sarah Holland Drive, Carnes Hill - Request for marked pedestrian crossing

Council to undertake pedestrian and traffic counts near the front of House No.65. The results of the counts to be presented to the November 2022 Traffic Committee Meeting.

GB6 - Bernera Road/Camden Valley Way intersection, Prestons - Delay for southbound right turn movement into Camden Valley Way

Council to request TfNSW to investigate and undertake necessary improvement to reduce delays to southbound right turn movements at the intersection.

GB7 - Hoxton Park Road, Prestons, Hume Highway near Warwick Hotel, Edmondson Avenue and Fifteenth Avenue - Advertisement signs

Council to request TfNSW to assess and advise whether the owners could be requested to change the advertisement signs.

A copy of the meeting minutes along with the Attachment Booklet with the Committee’s recommendations is included in Attachments 1 and 2. It is recommended that Council adopts the Committee’s recommendations on the agenda items as outlined above.

FINANCIAL IMPLICATIONS

The actions contained in the minutes are funded as outlined in the table below, with costings provided in the confidential attachment:

Item	Description	Funding, Indicative Cost and Timing
1	Hume Highway and Grove Street, Casula – Proposed Intersection Modification along the Grove Street Approach	No financial implication to Council.
2	Balmain Road/Hoxton Park Road Intersection, Cartwright – Proposed Intersection Improvement	No financial implication to Council.
3	Church Road at intersection with Heathcote Road, Moorebank – Proposed Pedestrian Refuge	Funding – Federal Black Spot funding Indicative Cost – $82,000 Timing – April/May 2023
4	Green Valley Road, Green Valley – Request for Traffic Calming	No Financial implication to Council.
5	Traffic Speeding on Local Roads – Requests for Traffic Calming	Funding – Council’s minor traffic facilities program Indicative Cost – $35,000 Timing – August 2023
6	Gill Avenue, Liverpool – Proposed Kerb Lane Extension	Funding – Council’s Capital Works Indicative Cost –$450, 000 Timing – February 2022
7	Liverpool City Centre – Proposed Special Community Event, Turbans 4 Australia	No financial implication to Council.
8	Greendale Road, Greendale – Proposed Road Realignment	Funding – Federal Roads to Recovery funding Indicative Cost – $850,000 Timing – March 2023
9	Approved Items Under Delegated Authority	Funding – TfNSW Block Grant Indicative Cost – $15,000 Timing - November/December 2022

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. Liverpool Traffic Committee (LTC) Minutes of 21 September 2022 (Under separate cover)

2. Attachment Booklet Part 1 of the LTC Minutes of 21 September 2022. (Under separate cover)

3. Attachment Booklet Part 2 of the LTC Minutes of 21 September 2022. (Under separate cover)

Ordinary Meeting

26 October 2022

Questions with Notice

QWN 01

Question with Notice - Clr Hagarty - Staff Vacancies

Strategic Objective

Visionary, Leading, Responsible

Position Council as an industry leader that plans and delivers services for a growing city

File Ref

347189.2022

QUESTION WITH NOTICE

Please address the following:

In relation to Council's hiring policies and the Local Government Award:

1. What is the process for internal Expressions of Interest for staff vacancies?

2. Are all externally advertised staff vacancies listed on Council's Positions Vacant "Aurion" website?

3. If not, where are these positions been advertised?

4. In this term of Council, which positions haven't been advertised on the Council Position Vacant website?

5. Why haven't all positions been advertised on Council's website?

Response (provided by Office of the CEO)

1. What is the process for internal Expressions of Interest for staff vacancies?

Internal Expressions of Interest are initiated, by way of example, to fill medium to longer term vacant positions, trial new working arrangements before making them permanent and to provide staff with an opportunity to develop new skills and/or capabilities prior to adopting a more formal recruitment process. Internal expressions of interest are placed on the Liverpool City Council Staff Intranet (see examples below).

2. Are all externally advertised staff vacancies listed on Council's Positions Vacant "Aurion" website?

Externally advertised positions are advertised through Council’s Internet page. Aurion is Council’s human resources information system which provides an e-recruitment platform for submitting applications for advertised roles. Positions may also be concurrently advertised through Seek, LinkedIn, specialist “Job Boards”, Universities or TAFEs, specialist recruitment provider.

3. If not, where are these positions been advertised?

Should Council be unable to fill a vacant position, the position may be readvertised and/or the services of a specialist recruitment service provider may be utilised.

4. In this term of Council, which positions haven't been advertised on the Council Position Vacant website?

We are unaware of any permanent positions not being initially posted on Council’s Intranet. For specialist or hard to fill positions, the role may be either be readvertised and/or the services of a recruitment service provider may be utilised.

5. Why haven't all positions been advertised on Council's website?

All permanent positions are initially advertised on Council’s website. Temporary vacancies are generally filled through other means such as higher duties, Internal Expressions of interest, or temporary employment.

Example of Internal Secondments / EOI Opportunities shown on Council’s Intranet (see question 1 above)

Graphical user interface

Description automatically generated

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

Questions with Notice

QWN 02

Question with Notice - Clr Green - NSW Multicultural Network and Anti-Racism Working Group

Strategic Objective

Healthy, Inclusive, Engaging

Promote a harmonious community that celebrates its diversity

File Ref

348255.2022

QUESTION WITH NOTICE

Background

NSW Multicultural Network and Anti-Racism working group are important forums and networks that Liverpool Council staff participate in. The Anti-Racism working group was established to provide workers a space to safely discuss anti-racism issues and concerns in their communities. As independent networks supported by Local Government NSW these networks are acknowledged as having a vital role in advocacy, policy development, contributing to a consistent standard of excellence in service to CALD stakeholders and community members in addition to promoting and developing anti-racism education and resources.

Both networks contribute to research and make submissions e.g. NSW Anti-Racism Working Group Submission for the National Anti-Racism Framework to the Australian Human Rights Commission (AHRC) (February 2022)

Membership of these networks are staff from local government, government and non-government agencies and stakeholders.

Please address the following

1. What is the history and role of NSW Multicultural Network and Anti-Racism working group and Liverpool City Council’s membership of it?

2. Are there other similar networks that Liverpool City Council is a member of?

3. What are the past projects, activities and programs of NSW Multicultural Network and Anti-Racism working group and similar that Liverpool City Council has partnered and/or participated in to build community capacity and social cohesion?

4. Have these projects, programs and activities been consistent with LCC

a. Community Strategic Plan

b. Values of social justice

5. What will the likely consequences be for Liverpool Council’s withdrawal from these important networks?

Response (provided by Community & Culture)

1. What is the history and role of NSW Multicultural Network and Anti-Racism working group and Liverpool City Council’s membership of it?

Liverpool City Council has been part of the LGNSW Multicultural Network for over ten years. This network provides an opportunity for Local Government multicultural workers to connect and share information and resources. Council’s Community Development Worker (CALD) attends meetings on a bi-monthly basis and has been part of convening this network and the Anti-Racism Working Group.

The network has built strategic relationships with Multicultural NSW, Welcoming Australia, The Department of Home Affairs, the Office of Local Government, the Department of Human Services, the NSW State Library and many other relevant departments and agencies.

The Anti-Racism Working Group was established as part of the LGNSW Multicultural Network as issues arose regarding racism and bullying in neighbouring Council areas. These incidents of racism targeted particular communities and cultural groups as a result of COVID-19. Council is a member of this group however it is largely driven by Inner West Council and the City of Sydney. This forum is predominantly an information-sharing resource for Councils.

2. Are there other similar networks that Liverpool City Council is a member of?

Liverpool Council participates in various other networks including:

· Refugee Welcome Zone Leadership Group (RWZLG), chaired by Refugee Council of Australia which engages local councils throughout the state;

· The Humanitarian Settlement Program Network chaired by Settlement Services International which is a mix of government and non-government agencies in NSW;

· Council is a member of the Welcoming Cities Network which is chaired by Welcoming Cities Australia and includes local councils and agencies across the state; and

· On a local level, Council co-convenes the Liverpool Refugee and Migrant Interagency along with the Western Sydney Migrant Resource Centre.

Council has worked in collaboration with other members of the LGNSW Multicultural Network to:

· Deliver conferences and undertake advocacy surrounding issues of concern including refugee settlement, domestic violence, regional and rural settlement, employment and education, COVID-19 responses and health;

· Establish working groups to focus on particular issues such as racism;

· Provide a platform for research and share best practice for promoting social cohesion and community harmony;

· Participate in round table discussions regarding refugee and asylum seeker issues; and

· Generally support one another by sharing information and resources to build the capacity of the refugee and migrant sector in Local Government Areas (LGA) working with CALD communities.

4. Have these projects, programs and activities been consistent with LCC

a. Community Strategic Plan

b. Values of social justice

The work of the LGNSW Multicultural Network aligns closely to Direction One – Healthy, Inclusive, Engaging – of Council’s Community Strategic Plan (CSP) in that it aims to support the provision of a harmonious community that celebrates diversity, fosters access and equity, and encourages community participation. These goals mirror the values of social justice and are addressed in the Terms of Reference for the group. The LGNSW Multicultural Network represents a collaborative approach to meeting these values to which all member councils contribute by making the network a shared responsibility and ensuring it aligns with local government strategy and represents best practice.

5. What will the likely consequences be for Liverpool Council’s withdrawal from these important networks?

The LGNSW Multicultural Network is an important resource for Council in that it ensures Council is connected and up to date on important issues for refugee and migrant communities, advocacy initiatives and best practice standards. It provides a supportive network to workers in this space and assists councils to develop an understanding of key issues and challenges across different LGAs. The consequence of withdrawing from this group would be that Council is not connected to these vital sources of information and will lose important connections at neighbouring councils. Council would be best served to remain connected with the larger LGNSW Multicultural Network and continue to be part of this platform to inform, engage and contribute to key issues and collaborative approaches.

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

Questions with Notice

QWN 05

Question with Notice - Clr Macnaught - Hammondville Park soccer facilities

Strategic Objective

Healthy, Inclusive, Engaging

Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities

File Ref

348641.2022

QUESTION WITH NOTICE

Background

Moorebank Soccer Club arguably the largest club in our LGA, with approximately 2000 members. Their home ground, Hammondville Park, is in desperate need of an upgrade, with multiple cancellations occurring this past season because of unusable pitches. This, on top of 2 years lost play due to Covid-19, is unacceptable and we need to act now to ensure no more seasons are lost due to factors within our control.

Talk of Moorebank Sports Masterplanning, and as a sporting precinct of excellence has been the conversation since at least 2016, with an MoU singed in 2019. Since then the Moorebank Soccer Club has seen further degradation of their facilities and playing surfaces, and lost match time escalate.

Please address the following

1. What is the status of the MoU?

2. A briefing session was held in March 2020 about the broader Moorebank Sports precinct plan – can we please have an update on what has happened since that briefing session, to date?

Response (provided by Community & Culture)

The Clubs’ home ground is at Hammondville Park precinct that is Council’s most active sporting precinct, accommodating training and competition of nine sporting codes and Moorebank Sporties Sports Club.

Based on Sports Eye data, that measures the number of players registered through the State Sporting Organisation (Football NSW) indicates that the current membership base is 761 Liverpool residents making it the second largest membership base of local residents.

The current condition of the playing fields on the Hammondville Park precinct, and across most of the Liverpool LGA, has been substantially impacted by the unfavorable weather conditions over the last six (6) to twelve (12) months. The grounds remain soft and vulnerable to wear and tear, and high volumes of usage will result in significant wear and tear. Aside from ground closure, deterioration of the playing surfaces is largely out of Councils control with Council’s ground crews unable to effectively use the heavy machinery necessary to remediate the surface to optimal condition. Given the continuation of heavy rain, remediation may still be some time away.

An MOU between Moorebank Sporties and Council was executed in 2018 to investigate synergies between the potential growth of the club and Council’s desire to deliver Integrated Community Facilities to benefit the community. There have been some significant discussions between Council and Moorebank Sporties, and those discussions focused on Moorebank Sporties proposal to establish a major indoor aquatic and wellness infrastructure, these discussions has resulted in the realisation that such projects, cannot proceed without the development of the precinct masterplan.

Council has committed the necessary resources to develop a masterplan for the Hammondville Park precinct. The purpose of that masterplan is to deliver on a contemporary and functional sporting precinct that meets the needs of its users. The masterplan will be developed in close consultation with all sporting codes, residents and Moorebank Sporties Club to incorporate the future needs of precinct in a coherent and effective manner. At this stage the masterplan is expected to be delivered in early 2023.

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

Questions with Notice

QWN 06

Question with Notice - Clr Kaliyanda - Parking for Nurses and Hospital Staff

Strategic Objective

Visionary, Leading, Responsible

Ensure Council is accountable and financially sustainable through the strategic management of assets and resources

File Ref

349217.2022

QUESTION WITH NOTICE

Background

During the COVID pandemic Council provided free parking for many health workers at Liverpool Hospital. There have been complaints for many years that the amount of parking provided by the NSW Government is inadequate for Liverpool Hospital workers.

The upgrade to the Warwick Farm Commuter Car Park is almost complete, and following this, non-commuters to who park there will be charged $35 per day for parking. However, extra parking promised by the NSW Government has been slow to be released and many hospital workers have not received permits.

Please address the following

1. Has Council received any correspondence from South West Sydney Local Health District regarding this issue?

2. How will overflow of Liverpool Hospital workers not being able to use the commuter carpark impact on-street parking in the Liverpool CBD?

3. Where can Council raise this issue of concern with the LHD and NSW Government?

Response (provided by Planning and Compliance)

1. Has Council received any correspondence from South West Sydney Local Health District regarding this issue?

Council is aware that as part of the Liverpool Hospital redevelopment, a new car park with an additional 500 parking spaces has been constructed within the hospital.

Council has not received any correspondence from the Local District Health raising concerns regarding this issue.

2. How will overflow of Liverpool Hospital workers not being able to use the commuter carpark impact on-street parking in the Liverpool CBD?

Sydney Trains is managing the construction of the Warwick Farm new commuter car park. The agency has advised the use of the car park will be managed using the Park and Ride system which includes a boom gate that needs to be activated with an Opal card. This would provide free parking for commuters. Non computers can park at the car park but will be required to pay a fee. This is the approach now being used by Sydney Trains to manage its new commuter car parks. Sydney Trains has further advised that the Park and Ride system will be implemented in November if the project is completed on time.

The road network in the Liverpool City Centre and around the Warwick Farm station accommodates on-street parking where sign posted. If non commuters that currently park at the station car park no longer do so, there will likely be greater demand for on-street parking and in other off street car parks. Council will continue to monitor on-street parking demand around the Warwick Farm station to ensure safe traffic and parking arrangements are maintained.

3. Where can Council raise this issue of concern with the LHD and NSW Government?

Council can make representations to the South West Local Health District. In addition, representations can be made to the New South Wales Health Minister or the Premier.

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

Notices of Motion

NOM 01

Employment of Apprentices & Trainees by Council

Strategic Objective

Visionary, Leading, Responsible

Place customer satisfaction, innovation and best practice at the centre of all operations

File Ref

349182.2022

Author

Charishma Kaliyanda - Councillor

Background

The youth of western Sydney have been hit hardest by job losses as a result of the Covid pandemic and now find themselves struggling to re-enter the workforce, according to a report by the Australian Research Institute.

The report showed western Sydney and regional NSW were hit the hardest with youth job losses as a result of the pandemic, with more than 30 per cent of those aged 24 and under in western Sydney losing their jobs.

The report also found youth had been disproportionately impacted by unemployment following the Covid pandemic. Young people make up about 14 per cent of the workforce but made up 39 per cent of job losses during lockdown.

Youth unemployment is currently double that of the rest of the population.

Selim Ucar, acting CEO for Humanity Matters, which works with marginalised youth in western Sydney, pointed to “postcode discrimination” as a key issue. Postcode discrimination is where judgments are made based on where people live. South west and western Sydney as a region is known for its diverse cultural communities, but its postcodes can evoke assumptions around or bias against people's religion, culture and socio-economic status. These stigmas by area of residence in job application processes often impacts disadvantaged people including unemployed and marginalised youth where employers perpetuate the issue of not employing based on where a young person lives.

Investing in long-term job opportunities not only addresses this important barrier to the workforce for young people within our community, but it also addresses some key workforce pipeline issues within our Council.

NOTICE OF MOTION

That staff provide a report to Council within three months, addressing the following:

1. Identify any existing formal strategies, informal practices, or targets already in place promoting hiring of apprentices and trainees by Council.

2. If such targets or strategies exist, whether they are currently being met, and if not, reasons why.

3. Are there any teams/operations within Council that currently have staff with appropriate trade skills able to train an apprentice in that trade?

4. Are there any teams/operations within Council that are currently outsourced, but if brought in house, would then have staff with appropriate trade skills able to train an apprentice in that trade?

5. What are the barriers to Council hiring more apprentices/trainees, and how might those barriers be overcome? If no targets exist, what would be an achievable target for apprentices hired by Council each year?

6. Does Council impose any KPIs on its trade contractors relating to whether those contractors hire apprentices? Would it be feasible for Council to impose such a KPI? What would a reasonable KPI be?

7. When requesting tenders from contractors for trade work, does Council ask tenderers to provide any information about whether they hire apprentices? If so, what weight is given to this information? If not, would it be feasible to require this information to be provided by tenderers moving forward?

8. Identify any state or federal incentives or grants which Council could apply for to offset the costs of hiring apprentices.

ACTING CHIEF EXECUTIVE OFFICER’S COMMENT

Response

1. Identify any existing formal strategies, informal practices, or targets already in place promoting hiring of apprentices and trainees by Council.

There is no formal apprentice/trainee engagement policy. There are no set targets.

2. If such targets or strategies exist, whether they are currently being met, and if not, reasons why.

There is no formal apprentice/trainee engagement policy. There are no set targets.

3. Are there any teams/operations within Council that currently have staff with appropriate trade skills able to train an apprentice in that trade?

Across council there are currently over 20 Trainee/graduate/student positions within the organisation in areas of childcare, planning and compliance, finance, and engineering.

4. Are there any teams/operations within Council that are currently outsourced, but if brought in house, would then have staff with appropriate trade skills able to train an apprentice in that trade?

Council has periodically used third party training organisations for trade apprentices within City Presentation and IT trainees.

Barriers include current employment market and capacity of management to coach and manage trainees and apprentices.

6. Does Council impose any KPIs on its trade contractors relating to whether those contractors hire apprentices? Would it be feasible for Council to impose such a KPI? What would a reasonable KPI be?

This can be negotiated on a contract by contract basis.

8. Identify any state or federal incentives or grants which Council could apply for to offset the costs of hiring apprentices.

Council grants and partnership team regularly identifies grant opportunities for engagement of apprentices and trainees.

FINANCIAL IMPLICATIONS

Any financial implications relating to this matter would be included should Council resolve that a report be brought back to Council.

ATTACHMENTS

Nil

Ordinary Meeting

26 October 2022

Notices of Motion

NOM 03

Protection of Ecologically Significant Land

Strategic Objective

Liveable, Sustainable, Resilient

Protect and enhance our natural environment and increase

the city’s resilience to the effects of natural hazards, shocks and stresses

File Ref

349221.2022

Author

Karress Rhodes - Councillor

Background

Recent advocation by the Federal Minister for the Environment and Water, The Hon Tanya Plibersek, on the significance of preserving and protecting natural bushland and vegetation in order to address the effects of Climate Change and the need to save precious habitat to protect endangered species has reignited a passionate response from the Liverpool residents who live in Voyager Point, who are aware of the ecological significance of the land in their area.

In October 2021 they raised a petition to preserve ecological significance of the Voyager Point land and that failed to deliver the result they had hoped for.

After the expressed opinion of the new and current Federal Minister for the Environment and Water together with an impending State Election next year, I have been urged by the residents to have this matter again addressed by Council in the hope that this time a more satisfying result might ensue.

Constituents who live in the area and frequent the area often, claim the parcel of Voyager Point land in question does contain vegetation species that are endangered and in some cases, it is the last known foothold of some species to be found in the Liverpool LGA.

There have been recent sightings of koalas in the area and koala skate is readily found as evidence of their presence within the land. Other endangered species such as the green and golden bell frog have been found as well as other Australian animals such as kangaroos and echidna can be found in this site.

A recent air quality survey found that the native vegetation found along the Georges River significantly contributes to cleaning the air and therefore provides a significant service, to help rectify Liverpool’s poor air quality and should be preserved, particularly as Liverpool has been reported by the EPA to have one of the worst quality air in Sydney.

These issues raised by Liverpool constituents, point to the number of reasons why it is in Liverpool’s best interest to conserve and protect the natural environment, and preserve and increase ecological reserves in the Liverpool LGA

NOTICE OF MOTION

That Council

1. Note Council’s resolution on CONF 02 from the 27 October 2021 Council meeting (attached).

2. Alter point 4 of the resolution on CONF02 from the 27 October 2021 Council meeting to remove the words “if it’s purchased by a public authority”. Point 4 to read “Investigates rezoning 1 Sirius Road and Lots 68 and 75 Sirius Road, Voyager Point from C3 Environmental Management to C2 Environmental Conservation”.

3. Note the recent announcements from the Federal Minister for Environment regarding the importance of preserving our N#natural flora and fauna in the wake of continuing extinctions of many Australian species.

4. Note that recent skate findings within this area indicate that it is a known koala habitat and other rare and endangered species are also known to inhabit the land.

5. Note that EPA reports that Liverpool LGA as having one of the worst reported quality air in Sydney.

6. Note that recent air quality monitoring has found that the natural vegetation along the banks of the Georges River contributes significantly to improving the quality of the Liverpool LGA air.

7. Continue lobbying the NSW and Federal Governments for funding to increase ecological reserves in the Liverpool LGA.

8. Investigates the rezoning of 1 Sirius Road and lots 68 and 75 Sirius Road, Voyager Point from C3 Environmental Management to C2 Environment Conservation.

9. Consult with the owners of the properties and include their feedback in the report back to Council.

10. Receive a further report back to Council following this investigation for a decision on whether to progress a planning proposal to rezone those sites to Environmental Conservation.

11. Allocate funding from the LEP review budget to complete these investigations.

ACTING CHIEF EXECUTIVE OFFICER’S COMMENT

Should Council resolve to support this motion, Council staff will commence an investigation into the merits of rezoning of 1 Sirius Road and Lots 68 and 75 Sirius Road, Voyager Point from C3 Environmental Management to C2 Environment Conservation. As part of this investigation, consultation will occur with the current landowners. A report will be brought to a future Council meeting with the outcome of this investigation with a recommendation on a possible rezoning proposal.

Any future budgetary considerations in relation to a possible future rezoning will be detailed in the report back to Council.

FINANCIAL IMPLICATIONS

Any future budgetary considerations in relation to a possible future rezoning will be detailed in the report back to Council.

ATTACHMENTS

1. CONF 02 Sirius Road, Voyager Point - Council meeting of 27 October 2021

[1] 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.

0
CEO 01	Lobbying Policy
Attachment 1	Item NOM 03 - Minutes of Ordinary Council Meeting 25 May 2022