Agenda of Ordinary Meeting - Wednesday, 1 March 2023

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MINUTES OF THE Ordinary Meeting

HELD ON 1 February 2023

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 John Ajaka, Chief Executive Officer

Mr Farooq Portelli, Acting Director Corporate Services

Ms Tina Bono, Director Community & Culture

Ms Lina Kakish, Acting Director Planning & Compliance

Mr Jason Breton, Acting Director City Presentation

Mr Michael Zengovski, Acting Director Economy and Commercial Development

Mr John Lac, Acting Director Infrastructure & Environment

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

Mr John Milicic, Manager Property Service

Mr Lance Northey, Communications Lead

Mr George Georgakis, Manager Council and Executive Services

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

The meeting commenced at 2.03pm.

and Anthem

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 Reverend Bruce Hammonds from Liverpool Presbyterian Church.

NATIONAL ANTHEM

The National Anthem was played at the meeting.

COUNCILLORS ATTENDING REMOTELY

Nil.

APOLOGIES

Nil.

CONDOLENCES

Nil.

Confirmation of Minutes

Motion: Moved: Clr Rhodes Seconded: Clr Hadid

That the minutes of the Ordinary Meeting held on 14 December 2022 be confirmed as a true record of that meeting.

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

Declarations of Interest

Clr Goodman declared a non-pecuniary, but significant interest in the following item;

Item: CONF 04 – Legal Affairs Report – Charles Street.

Reason: Clr Goodman is related to the owner.

Note: Clr Goodman did not receive the report in his Agenda.

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

Deputy Mayor Hadid declared a non-pecuniary, but significant interest in the following item:

Item: CONF 03 – Legal Affairs Report

Reason: Deputy Mayor Hadid is the President of the Australian Islamic House.

Deputy Mayor Hadid left the Chambers for the duration of the item.

Deputy Mayor Hadid declared a non-pecuniary, less than significant interest in the following item:

Item: CONF 04 – Legal Affairs Report – Charles Street

Reason: Deputy Mayor Hadid is friends with the applicants.

Note: Deputy Mayor Hadid did not receive the report in his Agenda.

Deputy Mayor Hadid left the Chambers for the duration of the item.

Farooq Portelli, Acting Director Corporate Services declared a non-pecuniary, less than significant interest in the following item:

Item: CONF 03 – Legal Affairs Report.

Reason: He was a Board Member for the Australian Islamic House until his resignation in September 2022.

Mayor Mannoun declared a non-pecuniary, but significant interest in the following item:

Item: CONF 04 – Legal Affairs Report – Charles Street.

Reason: Mayor Mannoun is related to the owner.

Note: Mayor Mannoun did not receive the report in his Agenda.

Mayor Mannoun left the Chambers for the duration of the item.

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

Item: CONF 03 – Legal Affairs Report.

Reason: Clr Ammoun was the Public Officer for the Australian Islamic House.

Clr Ammoun left the Chambers for the duration of the item.

Public Forum

Presentation – items not on agenda

Nil.

Representation – items on agenda

1. Ms Hayley Prenter addressed Council on the following item:

NOM 02 – Medicare Psychology Services.

Motion: Moved: Clr Hadid Seconded: Mayor Mannoun

That a three minute extension of time be given to the speaker.

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

MAYORAL REPORT

Nil.

Chief Executive Officer Report

ITEM NO: CEO 01

FILE NO: 008927.2023

SUBJECT: Annual Code of Conduct Complaints Statistics Report

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Rhodes

That Council receive and note the report and the Complaints Statistics Report attached to the report, which has been submitted by the Internal Ombudsman to the Office of Local Government.

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

Corporate Services Report

ITEM NO: CORP 01

FILE NO: 374519.2022

SUBJECT: Council Committee Governance Transformation

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Goodman

That:

Council adopts the consolidated Governance Committee Charter;

Council determines that the Governance Committees (except the Audit Risk and Improvement Committee which will continue to meet quarterly) will convene once a month on a Tuesday;

Council notes that the Governance Committees will commence in March 2023;

Council delegates authority to the Governance Committees to exercise their functions in line with section 377 of the Local Government Act 1993;

5. The CEO is the non-voting member until the Subject Matter Expert is recruited;

Council approves the changes to the reporting lines of the current Community Committees in line with table A of this report. In doing so, authorise staff to make the necessary changes to the Community Committees’ respective Charters to reflect these changes;

Council approves the alterations of the Community Committees in line with table A overleaf i.e. the deletion of the Strategic Panel and the Budget Review Panel and the recategorisation of the Audit, Risk and Improvement Committee to the “Governance Committee tier”;

Council notes that a further report will come to Council with the Governance committees meeting procedure and subject matter expert recommendations for each Committee for its approval;

9. Council notes that the remaining community committees are as follows;

· Aboriginal Consultative

· Community Safety and Crime Prevention Committee

· Civic Advisory Committee

· Companion Animal Advisory

· Environment Advisory Committee

· Heritage Advisory Committee

· Intermodal Precinct Committee

· Liverpool Access Committee

· Liverpool Sports Committee

· Tourism and CBD committee

· Youth Council

· Traffic Committee

Council pilot a three month trial to determine if successful including providing data on attendance at community committees; and

Should the motion be successful, that Council appoint council representatives to the community committees (as per their charters) and external committees immediately.

Foreshadowed Motion: Motion: Clr Harle Seconded: Clr Green

That this item be deferred for an extensive briefing session.

On being put to the meeting the motion (moved by Mayor Mannoun) was declared CARRIED and the Foreshadowed motion (moved by Clr Harle) therefore lapsed.

Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes

That Council appoint the following Councillors to Community Committees and Affiliated Bodies:

Aboriginal Consultative Committee
2023 Representative	Clr Green
Audit, Risk and Improvement Committee
2023 Representatives	Deputy Mayor Hadid and Clr Rhodes
Civic Advisory Committee
2023 Representatives	Mayor and all Councillors
Companion Animal Advisory Committee
2023 Representative	Clr Rhodes
Community Safety and Crime Prevention Advisory Committee
2023 Representatives	Mayor and all Councillors
District Forums
Representatives	One Councillor to chair.
2023 Rural District Chairperson	Clr Harle
2023 New Release/Established District Chairperson	Clr Hagarty (Clr Harle as alternate)
2023 - 2168 District Chairperson	Clr Green and Clr Ammoun
2023 Eastern District Chairperson	Clr Macnaught
Environment Advisory Committee
2023 Representatives	Clr Rhodes, Clr Kaliyanda and Clr Harle
Heritage Advisory Committee
2023 Representatives	Clr Rhodes and Clr Harle
Intermodal Precinct Committee
2023 Representatives	Clr Rhodes and Clr Macnaught
Liverpool Access Committee
2023 Representatives	Clr Harle and Clr Rhodes
Liverpool Sports Committee
2023 Representatives	Clr Goodman and Clr Ammoun
Tourism & CBD Committee
2023 Representatives	Clr Rhodes, Clr Macnaught and Clr Hadid
Youth Council
2023 Representatives	Clr Macnaught Clr Kaliyanda
External Affiliated Committees
Civic Risk Mutual Ltd Members Assembly
2023 Representatives	Mayor Mannoun and Clr Rhodes
Georges River Combined Councils Committee (GRCCC)
2023 Representatives	Clr Macnaught and Clr Harle
Traffic Committee
2023 Representatives	Clr Rhodes and Clr Goodman
Macarthur Bushfire Management Committee
2023 Representative	Clr Harle
NSW Metropolitan Public Libraries Association (NSW MPLA)
2023 Representative	Clr Green
Sydney Western City Planning Panel
2023 Representatives	Mayor Mannoun and Clr Rhodes (Clr Harle as alternate)
South West Sydney Academy of Sport (SWSAS)
2023 Representative	Clr Kaliyanda (Clr Rhodes as alternate)
Western Sydney Regional Organisation of Councils (WSROC)
2023 Representatives	Clr Rhodes and Clr Macnaught

ITEM NO: NOM 02

FILE NO: 015381.2023

SUBJECT: Medicare Psychology Services

Background

Last December the Federal Government took the decision to slash access to psychology services for our community. This decision went directly against the recommendations of the extensive government-commissioned evaluation of Medicare psychology services, conducted by the University of Melbourne. This, at a time when interest rates and the cost of living pressures are mounting, is an abandonment of our most vulnerable people.

Statistics illustrate that up to 40 percent of people aged 15-24 years report suffering from a mental health condition. The majority of access to Medicare funded psychology services has been provided to young people within the community, particularly young women. Extensive research indicates that 18-20 psychology sessions is required to assist with moderate mental health issues – a far cry from the 10 sessions the government has landed on.

NOTICE OF MOTION (submitted by Clr Macnaught)

To support the health of our community, council must resolve to:

Write to the Federal Health Minister, the Hon Mark Butler MP, expressing its objection in the strongest terms to the slashing of Medicare funded psychology services, and immediately call for the reinstatement of 20 Medicare funded sessions;

Write to local Federal MPs Ms Anne Stanley, MP and Ms Dai Le, MP to encourage their support of the reinstatement of the previous level of mental health care, 20 sessions, for our community; and

Write to Ms Jenny Ware, MP, to congratulate her on her advocacy petitioning the Federal Government to reverse their slashing of mental health funding, and reiterate Council’s support for the reinstatement of 20 Medicare funded psychology sessions.

COUNCIL DECISION

Motion: Moved: Clr Macnaught Seconded: Clr Ammoun

To support the health of our community, council must resolve to:

Write to the Federal Health Minister, the Hon Mark Butler MP, expressing its objection in the strongest terms to the slashing of Medicare funded psychology services, and immediately call for the reinstatement of 20 Medicare funded sessions;

Write to local Federal MPs Ms Anne Stanley, MP and Ms Dai Le, MP to encourage their support of the reinstatement of the previous level of mental health care, 20 sessions, for our community;

Write to Ms Jenny Ware, MP, to congratulate her on her advocacy petitioning the Federal Government to reverse their slashing of mental health funding, and reiterate Council’s support for the reinstatement of 20 Medicare funded psychology sessions; and

4. Formally write to Ms Prenter, who spoke at the Council meeting earlier in the public forum section, to thank her for her continuous advocacy on this matter for our local community.

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

MOTION OF URGENCY

ITEM: MOU 01

SUBJECT: Mental Health Services and Accessibility

Clr Green requested Mayor Mannoun accept a Motion of Urgency in relation to Mental Health Services and Accessibility. She stated it was urgent due to round-table discussions happening this week.

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

Motion: Moved: Clr Green Seconded: Clr Kaliyanda

That Council:

Make representation to both Federal and State governments to work cooperatively and collaboratively as a matter of urgency to strengthen, improve and invest in accessible community-based mental and psychological health counselling and therapy that is sensitive to and meets the complex needs of our diverse community.

Write and make representation to State and Federal government to urgently implement the findings of mental health services and accessibility report of University of Sydney, Western Sydney University and University of Wollongong¹ to:

· Fund the development of more community-based psychosocial, primary and community mental health services, as alternatives to hospital care.

· Invest in boosting the role and capacity of NGOs and other services providers.

· to provide more comprehensive, integrated and higher-level mental health services.

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

_________________________________________________

^1.The Integrated Mental Health Atlas of South Western Sydney

recess

Mayor Mannoun called a recess at 3.21pm.

RESUMPTION OF MEETING

The meeting resumed at 3.37pm in Open Session with all Councillors present.

Confidential Items

ITEM NO: CONF 01

FILE NO: 427918.2022

SUBJECT: Acquisition of Lot 850 in DP 2475, 235 Tenth Avenue, Austral

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ammoun

That Council:

Approves the acquisition of Lot 850 in DP 2475, 235 Tenth Avenue, Austral, within the terms outlined in this confidential report;

Resolves to classify Lot 850 in DP 2475 as “Operational” land in accordance with the Local Government Act 1993;

Authorises the CEO or his delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision; and

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

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

Ordinary Meeting

1 March 2023

Planning & Compliance Report

PLAN 01

Liverpool Local Environmental Plan Review - Post Early Engagement Report

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	445104.2022
Report By	Nancy-Leigh Norris - Executive Planner
Approved By	Lina Kakish - Acting Director Planning & Compliance

Executive Summary

At its meeting on 2 February 2022, Council endorsed the ‘100 Day Plan’, which included the commitment to “start the process to create a new Liverpool Local Environmental Plan (LEP) as a matter of urgency”.

At its meeting on 27 July 2022, Council endorsed a set of principles for how residential, commercial and industrial land is proposed to be managed under a new Liverpool LEP. Following this, on 31 August 2022, Council endorsed the LEP Review Scoping Report, which is the first stage in the creation of a new LEP.

The Scoping Report was used to facilitate initial engagement between Council, the community, the Department of Planning and Environment and other stakeholders. It was publicly exhibited from 19 September to 13 November 2022, in accordance with the Liverpool Community Participation Plan (Participation Plan). This was the LEP Review’s ‘Early Engagement’ period, as further community engagement will occur during the planning proposal process.

The exhibition was promoted through various channels including a flyer with Councils yearly rates notice, district forums, website, social media, newsletters, posters and digital signage. Engagement methods included a LEP Review survey and written submissions. The exhibition also had a focus on medium density housing, with a targeted survey to certain residents, and an Industry Workshop to discuss the design and delivery of medium density housing in the LGA.

A total of 198 LEP Review surveys and 53 Medium Density Housing surveys were received. Written submissions totaled 132, comprising of 94 comments made through the LEP Review survey, 17 submissions through the LEP Review interactive webpage, 14 direct submissions to Council and 7 agency submissions.

Key themes from the Early Exhibition period include the following matters:

- Natural environment, e.g. trees, open space and sustainability;

- Traffic and transport, e.g. road widths and car parking issues;

- Opposition to proposed 12m height reduction for high density residential land;

- Requests for further reduced high density residential development;

- Medium density housing, including support, opposition, lot sizes and design; and

- Commercial land, including opposition to reduced development standards.

This report recommends the height of commercial zoned land is not reduced to a height of 12m or less, as previously resolved by Council in PLAN 02 at the OMC on 27 July 2022. Whilst the results of the LEP Review Early Exhibition demonstrate support for reduction in heights in suburban areas, this can be achieved by reviewing heights of residential zoned land. Survey results and numerous submissions were in support of the redevelopment and revitalisation of centres, and the proposed reduction in heights will not achieve this vision.

The Participation Plan and Council’s resolution made on 31 August 2022 requires feedback received during the exhibition to be reported to Council. This report details the outcomes of community engagement. Additional studies to support a planning proposal will occur in early 2023, and a planning proposal will be presented to the Local Planning Panel and a future Council meeting, at this anticipated for mid-2023.

RECOMMENDATION

That Council:

1. Notes the results of public authority and community consultation from the Early Engagement period;

2. Retract Resolution 2(c), Item No. PLAN02, from 27 July 2022, “All centres, regardless of their hierarchy, are to have a height of building development standard of 12m or less to limit the height of buildings across all centres within the LEP, with exclusions as noted within this report, such as the Liverpool City Centre centres subject to planning proposals” and further investigates commercial land height of buildings as noted in this report.

3. Delegates to the CEO to prepare a Principal Planning Proposal for the creation of a new Liverpool Local Environmental Plan, and present the planning proposal to the Local Planning Panel and Council for endorsement; and

4. Notify submitters of Council’s decision.

REPORT

Ordinary Meetings of Council & Councillor Input on the LEP Review

Previous Councillor involvement and Ordinary Meetings of Council (OMC) is noted below:

· OMC 2 February 2022: Council endorsed its ‘100 Day Plan’, which included the commitment to create a new Liverpool LEP as a matter of urgency, and reduce the permissible height of buildings in certain suburbs to a maximum of 12m;

· May and June 2022: Four Councillor workshops and an LGA bus tour were held to determine the scope for the new Liverpool Local Environmental Plan (LEP);

· OMC 27 July 2022: Council endorsed ‘Principles for the Liverpool Local Environmental Plan’ which established general guidance on how residential, commercial and industrial land is to be managed under the new LEP; and

· OMC 31 August 2022: Council endorsed the LEP Review Scoping Report for engagement with the community, the Department of Planning and Environment (the Department) and relevant agencies. The Scoping Report contained detailed information on how the endorsed principles were being applied to each suburb or precinct within the Liverpool LEP application area. It was resolved to report the findings of the engagement period back to Council.

Early Engagement on the Liverpool LEP Review

The Engagement Strategy for the LEP Review project specifies two engagement periods for the LEP Review. The first was the Early Engagement period from 19 September – 13 November 2022. Refer to Attachment 1 Early Engagement Outcomes Report, for detailed information on outcomes, responses to submissions and promotional material. A second engagement period will occur after a Gateway determination has been received from the Department.

This Early Engagement period was promoted through various channels including:

· LEP Review flyer with Councils yearly rates notice;

· Presentations at Councils District Forums and Aboriginal Consultative Committee;

· Notification emails to stakeholder lists (e.g. businesses);

· Social Media Posts – Facebook, Instagram and LinkedIn;

· Liverpool Life Newsletter;

· Mayor Media Release and Video;

· Digital advertising in Macquarie Mall and Customer Service display screens;

· Posters and printed copies at Customer Service and at each library; and

· Promotion on Councils webpage – home page banner, Liverpool Listens, ePlanning.

Engagement methods included an LEP Review survey and an interactive website. The exhibition also had a focus on medium density housing, with a targeted survey sent to certain occupants of multi dwelling housing, and an Industry Workshop held on the design and delivery of medium density housing in the LGA. The following responses were received:

· 198 LEP Review survey responses;

· 53 survey responses from targeted medium density survey; and

· 132 written comments comprising of 94 via the LEP Review survey, 17 via the interactive webpage, 14 direct to Council and 7 agency submissions.

LEP Review Survey Outcomes

The LEP Review survey contained 12 mandatory questions, and an optional question for comments. A total of 198 surveys were received, with 94 of these providing comments.

Residential Land Questions

More than 75% of survey respondents selected ‘Strongly Agree’ or ‘Agree’ in relation to the following residential questions. This demonstrates a high degree of consensus within the community on these issues. It is recommended to continue progressing matters relating to these questions.

Table 1 – Residential Survey Questions that had broad community consensus

Question	Survey Results
Q2: New apartment buildings are located around the Liverpool City Centre, large shopping areas with public transport and services (libraries, parks etc), and along main roads and train stations.
Q3: Reduce the height of buildings to a maximum of 12m in suburban areas (certain exceptions apply e.g. near the City Centre) (see below).
Q4: Incentives to encourage town houses to be built near shops, public transport and other services (libraries, parks etc.).
Q6: Increase the minimum lot size in low density areas from 300sqm to 400sqm, so new lots are larger and reflect the low density character of the area.
Q7: Allowing ‘neighbourhood shops’ (corner shops) to be built in low density areas.

The following two questions had varied results, with no clear consensus within the community. It is therefore recommended that these matters are considered further in design testing as part of required investigations prior to the development of the Principal Planning Proposal.

Table 2 - Residential Survey Questions that did not have clear consensus

Question	Survey Results
Q5: Introduce planning controls which would generally require two sites to be combined for town houses (rather than development occurring on single sites).
Q8: How important do you believe redevelopment potential should be in residential areas? (see below).

Question

Survey Results

Q5: Introduce planning controls which would generally require two sites to be combined for town houses (rather than development occurring on single sites).

Q8: How important do you believe redevelopment potential should be in residential areas? (see below).

Non-Residential Land Questions

Greater than 75% of survey respondents selected ‘Very Important’ or ‘Important’ in relation to the following questions. This demonstrates a high degree of value from the community.

Table 3 - Residential Survey Questions that did not have clear consensus

Question	Survey Results
Q9: Redevelopment of Commercial areas (e.g. revitalised shops).
Q10: Redevelopment of Industrial areas (when ‘Neutral’ submissions are included).
Q11: Protecting waterways, trees and vegetation.
Q12: Managing Urban Heat.

LEP Review – Written Submissions

An overview of key matters raised, and responses to submissions is provided below. A total of 132 written submissions were received, via:

· 94 submissions by ‘Optional Comments’ in the LEP Review Survey;

· 17 through the LEP Review Exhibition Website;

· 14 direct submissions to Council; and

· 7 State Government and other agency comments.

A. Natural Environment

A strong message during this exhibition was the importance of trees and green space, with submissions requesting:

- increased tree canopy;

- retention of trees;

- redevelopment with mature vegetation;

- bush regeneration;

- more recreation areas/parks;

- urban heat management; and

- improved sustainability e.g. water tanks and solar panels.

Response: The LEP Review is investigating new environmental mapping, and clauses for urban heat, stormwater management and recycled water. The design of residential development is being reviewed with the intent to improve landscaping outcomes. Other Council policies manage natural areas, parks and trees, such as the Tree Management Policy, Development Control Plans (DCP), park masterplans and tree planting initiatives.

B. Traffic and Transport

The impact of new development on parking, streets and traffic was a key matter raised with comments requesting:

- wider streets in residential areas;

- provision of more car parking spaces; and

- more consideration of the impacts of increased density on local traffic.

Response: It is proposed that densities in suburban areas are reduced in comparison to what the LLEP 2008 currently allows, in consideration of the impacts of traffic on suburban areas. Other documents such as the DCP, Parking Strategy, and Bike Plan also play a role in managing these issues.

C. Opposition to proposed 12m height reduction for high density residential land

There were requests that height of buildings is not reduced, and new apartment buildings are encouraged, for the following reasons:

- delivery of affordable and diverse housing to cater for a range of people;

- delivery of units near public transport and retail;

- concerns over accessibility, e.g. requirements for lifts; and

- ability for RFBs to deliver deep soil landscaping compared to low density.

Response: When the LLEP 2008 came into effect, it proposed high density areas in the suburbs. Since this time, the LLEP 2008 was amended to promote high density in the City Centre, therefore removing the need for high density development within suburban areas. The new LEP intends to allow diverse forms of housing in suburban areas (of an appropriate scale), located around major transport corridors (roads, T-Way, train stations) as well as around retail hubs with services and transport access.

D. Request for reduced high density residential development

Certain submissions supported the proposed reduction to height of buildings, and requested further reductions were made. The submissions raised the following:

- opposition to the height of high density development within the City Centre;

- opposition to apartments located in the suburbs, with the 12m height being too high;

- preference to retain suburban character with less units and more houses;

- agreement apartments should be within the City Centre and along corridors; and

- improvements required to services, infrastructure, and the public domain.

Response: Certain land around Town Centres are to contain R4 High Density Residential land, as these areas have the highest quality retail, public transport, services and infrastructure, outside of the City Centre. These areas are highly suitable for diverse forms of housing, other than single dwelling housing, to ensure the future population has access to these services. The LEP Review has a focus on protecting suburban character where appropriate.

E. Medium Density Housing

Certain submissions focused on medium density type housing, such as town houses, dual occupancies and secondary dwellings, and raised the following:

- importance of more medium density housing for housing diversity;

- should be easy to develop, with less restrictive controls;

- support and opposition to Complying Development Certification process; and

- concerns over the impacts such as overcrowding of lots, parking, overdevelopment of single sites, and amenity concerns.

Response: The Local Housing Strategy has a focus on providing housing diversity, through quality medium density housing, and an in-depth review of medium density development is occurring as part of this LEP Review. This includes an analysis of lot sizes and widths within the R3 Medium and R2 Low Density Residential zones, to determine how Complying Development will occur. Design testing for new controls for multi dwelling housing will occur, with consideration of the matters raised by the community as part of this exhibition.

F. Commercial Land

Comments on commercial land included:

- support for development within the City Centre;

- general and site-specific opposition to proposed height reduction;

- matters regarding existing planning proposals; and

- advertising to become a permissible use in commercial zones.

Response: City Centre and other Centre controls will be reviewed with a Post-COVID lens. The proposed height of building reduction is recommended to be reconsidered in light of submissions. Existing planning proposals are being addressed through their own process and are not subject to this LEP Review.

G. Miscellaneous

Miscellaneous comments received included:

- general support or opposition for the LEP Review;

- the need to deliver infrastructure (schools, hospitals, roads, sewerage, parks etc) to support development; and

- City Presentation matters such as park maintenance etc.

Response: Infrastructure delivery is a priority for Liverpool City Council. Council will continue advocating for quality infrastructure to support development, and park maintenance matters have been forwarded to the City Presentation team.

H. Site Specific Requests

Refer to Attachment 2 for detailed responses to all submissions. These typically requested rezoning or changes to development standards such as height of building and/or floor space ratio. In response to submissions, the following changes are recommended to be addressed in the future planning proposal:

· Area west of T-Way in Liverpool

The Scoping Report recommended the area marked in black below is reduced to a maximum height of building development standard of 12m, instead of its current 12-15m range. Four submissions requested the height of buildings in this area not be reduced. The image below shows Residential Flat Buildings in this area which are existing, under construction and undergoing approvals. Given the existing and emerging high density residential development in proximity to the City Centre, the existing height of buildings is recommended to be retained where this future development is already occurring.

Figure 1 - Land west of T-Way in Liverpool to retain existing height limits

· Green Valley

Two submissions, including one from NSW Land & Housing Co, was in relation to the high density residential zone around Green Valley Town Centre. It is recommended that the R4 High Density Residential areas marked in black below are retained as per the Scoping Report, and a new area south of the Town Centre and park is investigated as part of the planning proposal.

transparent north arrow png

Figure 2 - Land around Green Valley Town Centre to be investigated for High Density Residential under a new LEP

· Ashcroft

NSW Land & Housing Co has requested the R4 High Density Residential Land around Ashcroft is retained. The area marked in black below contains 18m height of building standards, and was recommended in the Scoping Report to become R3 Medium Density Residential. Following post exhibition feedback, it is recommended that investigation of retaining the R4 High Density Residential zone occurs, with reduced development standards, e.g. 9m height of buildings, as part of the planning proposal. This is to reflect the type of development built by NSW Land & Housing.

transparent north arrow png

Figure 3 - Land in Ashcroft recommended to retain the R4 High Density Residential zone with reduced development standards

Reconsideration of Reduced Height of Building Controls in Commercial Areas

At its OMC on 27 July 2022, Council resolved the following:

2(c) “All centres, regardless of their hierarchy, are to have a height of building development standard of 12m or less to limit the height of buildings across all centres within the LEP, with exclusions as noted within this report, such as the Liverpool City Centre centres subject to planning proposals.”

Early Exhibition Feedback

In response to the survey question: “How important is redevelopment of Commercial areas to you? (e.g. revitalised Town and Local Centre Shops)”, almost half (48%) of respondents selected ‘Very Important’ and over a third (34%) selected ‘Important’.

A number of written submissions were received during the exhibition period in opposition to the proposed reduction in development standards for commercial zoned land.

These submissions raised the following issues:

· The broad application of 12m heights is inflexible and does not allow for site specific responses in relation to urban design assessment;

· The restriction of development standards will mean redevelopment opportunities are not available, and rejuvenation of sites, including for their expansion will not occur; and

· Redevelopment would provide for new retail and office opportunities, as well as shop top housing, which would support planning principles such as walkable 15-minute neighbourhoods, and support the vibrancy of suburbs.

Commercial Building Height Recommendation

There is a high risk that redevelopment of commercial areas will not occur in line with the community’s vision and landowners’ aspirations if development controls of 12m and 10m are proposed.

It is recommended that the height of buildings in Town and Local Centre commercial zoned areas are not restricted to a 12m and 10m height of building respectively, and further investigation occurs regarding the retention of existing development standards, and/or slightly revised standards in relation to creating the centres hierarchy.

Medium Density Housing Findings

Background

Following the outcomes of the Councillor Workshop in May 2022, the LEP Review Early Exhibition included the following research on Medium Density Housing:

· Targeted survey sent to approximatley 800 medium density dwellings with 21 questions regarding their house design and preferences; and

· Industry Workshop with architects, developers and planners to discuss the design and delivery of Medium Density Housing across the Liverpool LGA.

Medium Density Survey

A total of 53 surveys were completed. Key findings are below, and detailed findings are within Attachment 1 LEP Review Early Engagement Outcomes Report.

· Majority surveys responded as containing 3 bedrooms (75.5%) and the most common household composition was ‘Couple with Child/Children’ (58.5%).

· Dwelling Design:

o 80% responded number of bedrooms meets the needs of the household;

o 51% required more storage space;

o 53% rated internal living area as adequate, and 34% required more;

o 48% rated private open space as adequate, and 36% required more;

o 53% rated solar access as adequate, and 19% rated as good; and

o 38% rated acoustic privacy as poor, and 26% as adequate.

· Car Parking:

o 76% specified ‘garage attached to dwelling’ as their preferred arrangement;

o 47% required more car parking spaces, and 43% rated spaces as adequate; and

o 74% require more visitor parking spaces.

· Positive aspects of medium density housing was primarily proximity to services, size of the dwelling, bedroom and living areas. Negative aspects were mostly in relation to car parking arrangements, including the need for more resident and visitor parking.

Medium Density Housing Workshop

An Industry Workshop was conductred on 26 October 2022, with architects, developers and planners present to discuss the design and delivery of Medium Density Housing. Several activities were conducted to determine the challenges and opportunities for medium density development and to hear ideas for innovation and potential incentives. Refer to Attachment 5 for a summary of workshop outcomes.

Stakeholder Engagement

The following State Government submissions have been received and are summarised below. Further stakeholder engagement will continue to occur in 2023, both before and after the development of the Principal Planning Proposal.

Department of Planning and Environment

· General Comments: Council’s proposal to establish a new LEP constitutes a comprehensive LEP amendment, however comprehensive LEP amendments are only supported in the case of Council amalgamations or de-amalgamations.

· Housing: Council’s LEP Principles for residential land are consistent with the actions of the District and Regional plans, and Council’s LSPS and LHS.

· Centres: An overall reduction in floorspace across multiple centres is not considered to be in alignment with the Regional and District plans, or the LSPS. It is considered that the proposed amendments may result in undue restriction on future investment and growth. It is recommended that the planning proposal be submitted with a robust feasibility assessment of the proposed control changes to affected centres.

· Sustainability and Resilience: ongoing discussion with the Department is required in relation to environmentally sensitive mapping. DPE Water Group provided suggestions for new LEP clauses.

· Transport and Infrastructure: The proposal seeks to deliver density in areas that are well serviced, thereby and optimising existing infrastructure.

· Further consultation: consultation and support from the following is required:

o Greater Cities Commission

o Transport for NSW

o DPE Environment and Heritage

o DPE Housing

o Local Aboriginal Land Council

o Relevant utility providers

Environment, Energy and Science

It was suggested that the proposed LEP clauses for Terrestrial Biodiversity and Riparian Land will have limited success in protecting biodiversity and waterway health, and further protections such as application of Conservation zones is recommended. It is noted the LEP currently contains an Environmentally Significant Land layer. The Scoping Report proposes to update this mapping and various Councils in NSW contain similar clauses. Further discussion will occur with the Department regarding their recommendations. Further studies may include a review of Conservation zones under the LEP to support the planning proposal.

Land & Housing NSW

LAHC supports the LEP Review in general and wishes to be involved throughout the process to ensure there is an increase to the supply of affordable housing, providing a diversity in housing choice, and to encourage infill housing and increased densities to facilitate a greater housing mix across the Liverpool LGA. Site specific comments were made in relation to Liverpool, Green Valley and Ashcroft.

Endeavour Energy and Sydney Water

Supported the proposed changes to rezoning sites to SP2 Infrastrucutre.

Transport for New South Wales

Recommends that local centres have the capacity to evolve and provide fine grain urban form, diverse land use, high walkability and to meet future demand for services and amenities by local communities which supports the 15-minute neighbourhood and 30-minute city concept. Further consultation within TfNSW will occur in relation to specific sites within the LEP.

Next Steps

Additional investigations are required to support the Principal Planning Proposal, this includes the following:

· Impacts of proposed changes on LGA housing targets;

· Design and feasibility testing of medium density housing;

· Feasibility testing of proposed changes to development standards in centres;

· Application of SEPP (Exempt and Complying Development Codes) 2008;

· Changes to industrial land development standards;

· Potential conservation (environmental) zoning review; and

· City Centre viability work.

Following additional investigations, a Principal Planning Proposal will be prepared and submitted to the Local Planning Panel and Council, anticipated at this stage for early Q3 of 2023.

Conclusion

The extensive community consultation process provided detailed, valuable feedback from the community and state agencies. Findings of the Early Engagement Exhibition period will continue to inform the Principal Planning Proposal for a new LEP. Further community exhibition will occur once a Gateway determination has been received from the Department of Planning and Environment.

FINANCIAL IMPLICATIONS

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

201594 - LEP & DCP Review	Year 1 (2022-23)	Year 2 (2023-24)
Employee - LEP Review Staff	$224,892	$112,446
Employee – Heritage Review	$260,000	$0
Consultants	$337,608	$75,054
Total	$822,500	$187,500

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities.
Environment	Manage the environmental health of waterways.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Division 3.2 and 3.4 of the Environmental Planning and Assessment Act 1979.
Risk	The risk is deemed to be Low. Changes to the Liverpool Local Environmental Plan 2008 will lead to implications for landowners in the LGA, however engagement will continue to occur, along with feasibility testing. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. LEP Review Early Engagement Outcomes Report (Under separate cover)

2. Attachment A - Early Engagement Outcomes Report (Under separate cover)

3. Attachment B - Site Specific Requests (Under separate cover) - Confidential

4. Attachment C - Exhibition Promotional Material (Under separate cover)

5. Attachment D - Medium Density Housing Workshop Outcomes (Under separate cover)

Ordinary Meeting

1 March 2023

Planning & Compliance Report

PLAN 02

Quarterly Report - Clause 4.6 Variations to Development Standards

Strategic Objective	Liveable, Sustainable, Resilient Deliver a beautiful, clean and inviting city for the community to enjoy
File Ref	031432.2023
Report By	William Attard - Manager Development Assessment
Approved By	Lina Kakish - Acting 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.

Separately, DPE has undertaken a periodic audit in 2022 of several NSW Council’s, including Liverpool City Council, to ascertain Council’s compliance with the procedural and reporting requirements associated with the use of Clause 4.6. The audit has found that Liverpool City Council has met all procedural and reporting requirements associated with the use of Clause 4.6.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Reporting of Council’s Use of Clause 4.6 - October to December 2022 Period

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 development standards 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 consistency 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 October to December 2022 is provided within Attachment 1 for the information of the Council and community.

Department of Planning and Environment – Audit 2022

To ensure local Council’s exercise a consistent, fair, and transparent procedure in determining variation applications, DPE conducts periodic audits to check Council’s compliance with the requirements of Clause 4.6 and planning circulars.

For the 2022 Audit, the DPE selected 18 Councils within NSW to be audited, inclusive of Liverpool City Council, and the audit findings for Liverpool City Council are as follows:

Audit findings – Requirements Met

The council met the following requirements:

· Having a written delegation procedure for dealing with clause 4.6 variations.

· Maintaining a publicly available online register of approved variations to development standards under clause 4.6 that provides adequate information.

· Ensuring all variation decisions of more than 10% or non-numerical standards are made by the appropriate authority.

· Reporting of variations approved under delegation by staff to a meeting of the full council on a quarterly basis.

· Submitting to the department quarterly reports of all variation decisions within 4 weeks of the end of each quarter.

· Receiving proposed variations to development standards as written applications and assessing whether the applications deal with the planning matters required to be addressed by the relevant instrument.

Audit findings – Requirements Unmet

The council did not meet the following requirements:

· All requirements were met.

Recommendations for Council Action

In complying with the requirements of clause 4.6 and Planning Circular PS 20-002, the council should:

· The Council is encouraged to continue its good practices of complying with all procedural and reporting requirements of clause 4.6 and Planning Circular PS 20-002.

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	There are no civic leadership and governance considerations.
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

1 March 2023

Community & Culture Report

COM 01

Grants Donations and Community Sponsorship Report

Strategic Objective	Healthy, Inclusive, Engaging Promote a harmonious community that celebrates its diversity
File Ref	013651.2023
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Director Community & Culture

Executive Summary

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

This report provides a recommendation for endorsement of funding totalling $19,890 from Community Grant Program and the Matching Grant Program.

RECOMMENDATION

That Council:

1. Endorses the funding recommendation of $4890 GST exclusive) under the Community Grant Program for the following project; and

Applicant	Project	Recommended
Australian Arab Cultural Forum	Short Story Writing Competition	$4890

2. Endorses the funding recommendation of $15,000 GST exclusive) under the Matching Grant Program for the following project.

Applicant	Project	Recommended
Moorebank Sports Soccer Club	Installation of Xtragrass at Hammondville Ovals	$15,000

REPORT

Community Grants Program

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

Applicant	Australian Arab Cultural Forum
Project	Short Story Writing Competition 2023
Amount Requested	$4,890	Total Project Cost	$8,220
Location	Liverpool LGA	Date	April 2023
About the Applicant	The Australian Arab Cultural Forum (AACF) is a volunteer based not-for-profit organisation promoting Arabic culture through literature and arts. AACF recognises Liverpool’s rich CALD community, and in collaboration with Migrant Recourse Centre (MRC), aims to provide opportunities to Arabic and English-speaking migrants to engage in storytelling and poetry programs. Since its establishment in 2019, AACF has delivered multiple programs improving social cohesion and cultural exchange in Southwest Sydney.
Description	Objectives: The Arabic and English short story writing competition is a dual effort to bring community members together. The program invites everyone to explore their literary creativity and submit a short story. AACF will work closely with MRC and local schools/ high schools to promote the competition. With a variety of categories, the program aims to: · Encourage literary creativity, identify local talent and celebrate cultural and intellectual exchange; and · Enhance Arabic and English writing skills in youth through literary and storytelling workshops. Funding will be used to: · Compile English and Arabic short story submissions into a book to commemorate the efforts of all writers; · Deliver an awards presentation recognising the winners of the short story writing competition; and · Partner with storytelling professionals to deliver story writing workshops to children. Outcomes: · Increase number of community members participating in activities to strengthen social wellbeing while building connections through storytelling; and · Increase participation and improve writing capabilities of young writers across schools in the Liverpool LGA.
Beneficiaries	· LGA Schools, CALD and Migrant groups.
Assessment	Recommended for Funding - $4890 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible, and meets the Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 a) b) and d)

Matching Grants Program

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

Applicant	Moorebank Sports Soccer Club
Project	Installation of Xtragrass
Amount Requested	$15,000	Total Project Cost	$49,277
Location	Hammondville Park Soccer Ovals	Date	March 2023
About the Applicant	Moorebank Soccer Sports Club (MSSC) is one of the most recognised sporting organisations in the Liverpool LGA for over 50 years. The club provides an opportunity for the youth of Liverpool to develop sporting skills and participate in healthy and well-organised competitions. MSSC prides itself in providing sporting facilities to other clubs in the Southern District Soccer Association, schools and community groups. MSSC is seeking funding to upgrade high-use field areas on Hammondville Oval, a Council owned sporting field.
Description	Objectives: MSSC caters to over 800 members utilising the soccer fields at Hammondville Ovals. Funding will be used to install Xtragrass (artificial grass) on high traffic areas on field 1& 2 to improve playing surface. The installation aims to: · Provide a safer, more durable playing facility for members and sporting community; and · Improve club activity and continuity by reducing the number of ground closures due to extended wet weather through turf coverage with enhanced absorption. Outcomes: · Improve community infrastructure and beautification of sporting fields through surface upgrades; and · Providing greater access to sporting facilities and experiencing social and physical wellbeing.
Beneficiaries	· Sports players, sporting community and local residents/visitors.
Assessment	Recommended for Funding - $15,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible. Expected program outcomes matching grant 7.6.2 e), f) and g)

FINANCIAL IMPLICATIONS

Costs associated with this recommendation have been included in Council’s budget for the current year and long-term financial plan. A full breakdown of operating budget is included below.

COMMUNITY SPONSORSHIP
Budget	Balance	Recommended for funding in this report	Remaining
$100,000	$70,000	Nil	$70,000
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$102,000	$78,800	$4,890	$73,910
MATCHING GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$200,000	$146,500	$15,000	$131,500
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report	Remaining
$75,000	$56,997.4	Nil	$56,997.4
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding in this report	Remaining
$477,000	$352,297.40	$19,890	$332,407.40

CONSIDERATIONS

Economic	The financial impacts are outlined in the report above.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government Act 1993, including sections 24 and 356. Council may by resolution contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions. The Council’s grant programs are targeted to ensure a lawful and consistent approach to its contributions and financial assistance. Key functions that are supported are Council’s functions of providing goods, services and facilities, and carrying out activities, appropriate to the current and future needs within the Liverpool local community and of the wider public, subject to the Local Government Act, the regulations and any other law.
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

1 March 2023

Corporate Services Report

CORP 02

Functional Design Review

Strategic Objective	Visionary, Leading, Responsible Position Council as an industry leader that plans and delivers services for a growing city
File Ref	039342.2023
Report By	Farooq Portelli - Acting Director Corporate Services
Approved By	John Ajaka - Chief Executive Officer

Executive Summary

Council at its meeting of 31 August 2022 adopted a new organisational structure in accordance with sections 332 and 333 of the Local Government Act 1993. Following the appointment of the new CEO in December 2022, an extensive review has been undertaken with a view of providing an alternative structure to Council in two stages. Stage 1 is to determine a functional design that illustrates functional responsibility and reporting as well as the senior management structure. Stage 2 will further define management responsibility and resource requirements. This report seeks Council approval of stage 1 with a further report to come back to Council detailing and seeking approval for the stage 2 organisational structure scheduled for July 2023.

RECOMMENDATION

That Council:

1. Approves the proposed functional design and senior management structure with CEO and six director positions as outlined in Attachment 1.

2. Approves the application of the pre-31 August 2022 interim structure as provided in Attachment 2 until a final management defined organisational structure is finalised and approved by Council.

REPORT

On 30 March 2022, Council resolved to review and determine its senior management structure under sections 332 and 333 of the Local Government Act 1993. A new structure was presented to and adopted by Council on 31 August 2022. As that structure was taken at a time when the office of the CEO was vacant, and also predicated on completely new roles for its senior officers, it was determined that it would be prudent to hold on its implementation until a new CEO was appointed.

Both prior to and post the appointment of the new CEO, a detailed review of the functions of council was undertaken that incorporated analysis of the current and future challenges and opportunities that exist or likely to be faced. Council Executive officers and staff collectively mapped out the functions of Council and how they interact and interrelate. This presented the opportunity to better organize services into groups that put the customer first. In a number of instances, potential efficiencies were identified whereby functions could both be strategically refocused and/or realigned to eliminate duplication or wastage.

Strategic improvements have been incorporated in the proposed functional design which enables Council to maximize the efficiency of service delivery to our community. The proposed divisional structures have been designed to improve processes, systems, metrics, skills and the way we work. It also provides a means to transform each division to leverage new technologies and remain future focused.

In considering the new operating model and functional design, we considered:

· The regional growth of our city – City Futures

· How data and information can inform and influence the way we do business – Customer and Business Performance

· How we manage and respond to asset development, renewal and maintenance from cradle to grave – Operations

· How we respond, ignite and embrace our community – Community Lifestyles

· How we plan for city development, implement regulatory compliance and legislative requirements – Planning and Compliance

· How we can better service our internal customers so they can excel in service delivery – Corporate Support.

The functional design incorporates six broad functions as per Attachment 1.

1. City Futures

The City Futures Directorate identifies, leverages and drives unique and innovative opportunities and addresses current and future challenges across the LGA with a coordinated and holistic view of the LGA’s future.

Its functions include:

· Community & Critical infrastructure Planning

· Urban Design

· Strategic Property Projects

· Commercial, Economic and Business Development

· Grants & Partnerships and

· Innovation

City Futures capitalises on State and Federal priorities and promotes Liverpool domestically and globally as a partner in these opportunities to ensure our communities benefit and remain as a central priority of our Strategic Plan. It will be a centralised design function for the future of Liverpool commercialising and monetising Council assets while considering the social imperative.

2. Operations

The Operations Directorate transforms Council’s vision into reality and improves the lives of our community through the provision and maintenance of key assets, infrastructure and services to the people of Liverpool.

Its functions include:

· Infrastructure Capital Works

· Asset Management

· Engineering and Technical Services

· Infrastructure Management & Maintenance

· Environment & Contaminated Land Management

· Waste Management & Cleaning

· Resource Recovery, and

· Emergency Management

Operations will streamline the delivery, management and maintenance of Council’s significant constructed and natural environment assets for the community. It will be positioned to achieve economies of scale and scope for the efficient delivery of both operational and capital works. It will serve to improve information flows and reduce communication barriers between delivery, maintenance and operational stakeholders and become a fully integrated ‘one stop shop’ for all things construction, maintenance and upkeep related to Council.

3. Lifestyle and Community

The Lifestyle & Community Directorate is a primary public-facing part of Liverpool City Council, where ratepayers and other residents both interact with LCC and experience the many services offered and available to them.

Its functions include:

· Children’s Services

· Libraries and Museum

· Casula Powerhouse Arts Centre

· Recreation and Community Outcomes

· Community Development

· Communications, Marketing & Branding

· Major and Civic Events

The Lifestyle and Community Directorate serves to interact with our multi-cultural community and deliver a diverse range of vital community services encompassing childcare, recreation, education, cultural events, community development and the arts. It will also enhance the living and lifestyles of our culturally diverse community.

4. Planning & Compliance

The Planning & Compliance Directorate is designed to realign the City Design function with City Futures in order to centralise infrastructure design and development and provide a direct link with infrastructure delivery. It will also introduce social planning functions into strategic planning for a holistic approach to strategic policy planning and development engineering.

Its functions include:

· Strategic Planning

· Contributions Planning

· E-Planning

· Social Planning

· Development Engineering

· DA Assessments

· Transport and Floodplain Management, and

· Compliance & Standards

Planning and Compliance will thus centralise key strategic planning functions within the City Planning area by including additional strategic policy functions such as social planning and biodiversity within the department. It centralises operational and regulatory engineering functions and realigns the City Design area with City Futures to ensure strategic infrastructure planning is centralised.

5. Customer & Business Performance

The Business Performance Directorate provides a range of business and improvement metrics and analytical processes to maximise Council’s performance and customer experience. It will provide superior electronic and communication services to manage business interactions and records management. And it will also manage the risk to health and safety of staff and those interacting with Council.

Its functions include:

· Customer Experience

· Information & Communication Technology

· Records Management

· Business Improvement & Performance

· Internal Auditing

· Work, Health and Safety, and

· Risk Management

· Project Management

Business Performance is designed to maximise the customer experience; minimise risk in the workplace through best practice in health & safety; enhance Council’s efficiency through business improvement and performance metrics; deliver state of the art information and communication technology to our customers; incorporate a process of continual improvement in internal controls and ultimately will be a driver for a better governance framework in project delivery.

6. Corporate Support.

The Corporate Support Directorate provides a comprehensive range of internal support services to the other Council directorates so that they can best deliver external services to customers. It will also serve to coordinate the support functions of the elected body and satisfy the external reporting requirements of our customers and external agencies.

Its functions include:

· Financial Management and Reporting

· Legal Services

· Governance

· Procurement

· People & Culture / Human Resources

· Executive Services

· Corporate Reporting,

· Property Services, and

· Internal Ombudsman

The Corporate Support Directorate is redesigned to provide the highest levels of internal support to our external delivery customers; ensure governance and legal integrity of the services that Council provides; provide timely procurement of goods and services that simplifies business delivery; facilitate the financing of the extensive capital works and services program while maintaining financial viability; acquire and develop the best people to deliver first class services and be an employer of choice; ensure all corporate reporting and compliance targets are met; and efficiently manage Council’s property services.

CONSULTATION

In developing and finalizing the proposed functional structure, an extensive consultation process was undertaken involving senior officers, management, coordinators, and all indoor and outdoor staff. All local government unions were also extensively consulted with and feedback from both staff and their representative unions was both positive and productive.

The senior management team led by the CEO provided face to face presentations individually and collectively with all available staff. Presentations were made at Council’s Scott Street site as well as at the Rose Street depot. The former was livestreamed and recorded to enable any staff member unable of unavailable to attend in person, the opportunity to access the video stream and view the presentation at their leisure.

Staff and unions were actively encouraged to ask questions, make suggestions and be involved with the functional redesign. Facilities were provided whereby anyone could make a contribution in person, or through various other facilities including email to Human Resources, discussion with managers and directors, feedback through representative union bodies as well as anonymous feedback through a web enabled comments submission sheet. To that end we were extremely successful and received a high level of response. Moreover, it served to both improve the final product as presented to Council as well as improve the organisational culture. On behalf of the CEO and Executive Team, I take this opportunity to personally thank all those involved in attending, participating and contributing to the process.

WAY FORWARD

Subject to Council endorsing the proposed functional design, it is proposed that individual management structures and resource requirements will be developed over the next few months along with a review and improvement to many processes, systems, worker skills and ways of working.

Consultation with all staff and unions will continue throughout the process and it is planned that a Management Structure will be tabled at Council in or around July 2023.

FINANCIAL IMPLICATIONS

Costs associated with this recommendation are limited to appointment of seven (7) Senior Officers being the CEO/GM and six (6) directors who have been included in Council’s budget for the current year and long-term financial plan.

CONSIDERATIONS

Economic	There are no economic and financial considerations other than those already provide for senior officers in the budget.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations, however it is expected that given the new strategic focus and considerable staff and unions consultations, there will be significant improvement in community and social outcomes both internal and external.
Civic Leadership	Facilitates 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	Local Government Act 1993, sections 332 and 333
Risk	Given the extensive consultation and design of the proposed functional design, risk is deemed to be low.

ATTACHMENTS

1. Proposed Functional Structure

2. Pre 31 August 2022 Interim Structure

Ordinary Meeting

1 March 2023

Corporate Services Report

CORP 03

Governance Committees Meeting Procedure

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	036707.2023
Report By	George Georgakis - Manager Council and Executive Services Jessica Saliba - Coordinator Governance
Approved By	Farooq Portelli - Acting Director Corporate Services

Executive Summary

Council at its meeting on 1 February 2023 adopted the Governance Committee Charter and resolved that the Governance Committees commence in March 2023.

This report recommends changes such that the four Governance Committees become advisory committees and that an updated Governance Committee Charter be approved.

RECOMMENDATION

That Council, in line with option 2, alter the resolution from February as follows;

1. Council adopts a consolidated Governance Advisory Committee Charter;

2. Council determines that the Governance Committees (except the Audit Risk and Improvement Committee which will continue to meet quarterly) will convene once a month on the second Tuesday of every month;

3. Council notes that the Governance Committees will commence in March 2023;

4. The CEO is the non-voting member;

5. Council approves the deletion of the Strategic Panel and the Budget Review Panel and the recategorisation of the Audit, Risk and Improvement Committee to the “Governance Committee tier”;

6. Council pilot a three-month trial to determine if successful including providing data on attendance at community committees; and

7. Council notes that the remaining community committees are as follows;

· Aboriginal Consultative

· Community Safety and Crime Prevention Committee

· Civic Advisory Committee

· Companion Animal Advisory

· Environment Advisory Committee

· Heritage Advisory Committee

· Intermodal Precinct Committee

· Liverpool Access Committee

· Liverpool Sports Committee

· Tourism and CBD committee

· Youth Council

· Traffic Committee

REPORT

Council at its meeting on 1 February 2023 considered a report on the Council Committee Governance transformation and resolved:

That:

1. Council adopts the consolidated Governance Committee Charter;

2. Council determines that the Governance Committees (except the Audit Risk and Improvement Committee which will continue to meet quarterly) will convene once a month on a Tuesday;

3. Council notes that the Governance Committees will commence in March 2023;

4. Council delegates authority to the Governance Committees to exercise their functions in line with section 377 of the Local Government Act 1993;

5. The CEO is the non-voting member until the Subject Matter Expert is recruited;

6. Council approves the changes to the reporting lines of the current Community Committees in line with table A of this report. In doing so, authorise staff to make the necessary changes to the Community Committees’ respective Charters to reflect these changes;

7. Council approves the alterations of the Community Committees in line with table A of the report i.e. the deletion of the Strategic Panel and the Budget Review Panel and the recategorisation of the Audit, Risk and Improvement Committee to the “Governance Committee tier”;

8. Council notes that a further report will come to Council with the Governance committees meeting procedure and subject matter expert recommendations for each Committee for its approval; and

9. Council notes that the remaining community committees are as follows;

· Aboriginal Consultative

· Community Safety and Crime Prevention Committee

· Civic Advisory Committee

· Companion Animal Advisory

· Environment Advisory Committee

· Heritage Advisory Committee

· Intermodal Precinct Committee

· Liverpool Access Committee

· Liverpool Sports Committee

· Tourism and CBD committee

· Youth Council

· Traffic Committee

10. Council pilot a three month trial to determine if successful including providing data on attendance at community committees; and

11. Should the motion be successful, that Council appoint council representatives to the community committees (as per their charters) and external committees immediately.

As part of the development of the meeting procedure, staff consulted the Office of Local Government (OLG) seeking their advice.

The OLG advised that on the basis that the proposed Committees operate with a full Council, those Committees should be available for the public to attend and the application of the Code of Meeting Practice. Closing those Committees to the public would be seen to be inconsistent with the objects and spirit of the Local Government Act 1993.

Based on the advice received from OLG, Council can maintain the Governance Committees as resolved in February and adopt the Code of Meeting Practice. In essence, this will mean that Council will continue to hold its monthly meetings and the specific purpose Committee meetings will be held once a month that will focus on specific areas within Council. Those Governance Committees would be advisory in nature as the community committees currently are. This will ensure continued transparency and accountability for the Council.

Alternately, Council may operate the Governance Committees with decision making capability, but under the auspice of the Code of Meeting Practice.

In summary, the two options available to Council are provided below.

OPTION 1:

Maintain the Governance Committees as per the resolution made in February and adopt the Code of Meeting Practice as the meeting procedure as per attachment 2.

The Governance Committee Charter has been updated to reflect the code at point 9 and 13. These changes have been made in track changes in Attachment 1.

The Governance Committees will meet on a Tuesday, two weeks prior to the Council meetings, with the first meeting of the Governance Committees to occur on Tuesday 14 March 2023.

OPTION 2:

That Council alter the resolution from February as follows;

1. Council adopts a consolidated Governance Advisory Committee Charter;

2. Council determines that the Governance Advisory Committees (except the Audit Risk and Improvement Committee which will continue to meet quarterly) will convene once a month on the second Tuesday of every month;

3. Council notes that the Governance Advisory Committees will commence in March 2023;

4. The CEO is the non-voting member;

5. Council approves the deletion of the Strategic Panel and the Budget Review Panel and the recategorisation of the Audit, Risk and Improvement Committee to the “Governance Committee tier”;

6. Council pilot a three month trial to determine the effectiveness of the committees including providing data on attendance at community committees; and

7. Council notes that the remaining community committees are as follows;

· Aboriginal Consultative

· Community Safety and Crime Prevention Committee

· Civic Advisory Committee

· Companion Animal Advisory

· Environment Advisory Committee

· Heritage Advisory Committee

· Intermodal Precinct Committee

· Liverpool Access Committee

· Liverpool Sports Committee

· Tourism and CBD committee

· Youth Council

· Traffic Committee

Option 2 removes the delegation from the Governance Committees and changes the reporting line for community communities. Community Communities will report their recommendations to Council for endorsement.

The Governance Committees will also become advisory committees and will report their recommendations to Council for endorsement.

The Governance Advisory Committees will meet on a Tuesday, two weeks prior to the Council meetings, with the first meeting of the Governance Advisory Committees to occur on Tuesday 14 March 2023.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this report.

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	Local Government Act 1993
Risk	The risk is deemed to be low and is considered to be within Council’s risk appetite.

ATTACHMENTS

1. Updated Governance Committee Charter - Option 1 (Under separate cover)

2. Code of Meeting Practice - Option 1 (Under separate cover)

3. Governance Advisory Committees Charter - Option 2 (Under separate cover)

Ordinary Meeting

1 March 2023

Corporate Services Report

CORP 04

Independent Professional Advice Policy

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	378921.2022
Report By	Jessica Saliba - Coordinator Governance
Approved By	Farooq Portelli - Acting Director Corporate Services

Executive Summary

At its meeting on 27 July 2022, Council resolved to: “proceed with the development of an access to independent external professional advice policy”.

The report proposes amendments to the Councillor Access to Information and Interaction with Staff Policy (the Policy) to include a mechanism to enable councillors to request third-party independent professional advice. The draft policy reflects legislative constraints and advice received from the Office of Local Government (OLG). Further advice would likely be required before implementing any changes to the draft policy to ensure it remains lawful.

RECOMMENDATION

That Council:

1. Consider the amendments to the Councillor Access to Information and Interaction with Staff Policy and determine whether Council should proceed with these amendments;

2. If the Policy is adopted, approve a budget increase of $50,000 for the 2022/23 financial year and make appropriate budget provisions every year thereafter in the Long-Term Financial Plan.

REPORT

The draft policy on independent external professional advice is set out in amendments in red in the attached version of the Councillor Access to Information and Interaction with Staff Policy. It recognises that the governing body may, by resolution, direct the Chief Executive Officer to obtain advice and that, in the absence of a resolution advice may be requested.

The policy proposes a degree of formality around requests to promote transparency and probity. It is proposed that –

· A request for advice is made in writing, identifying the item of business before the Council or civic duties to which the advice relates, why third-party advice is required and why it is considered impractical to seek a resolution.

· The request is signed by three Councillors, corresponding with the number needed for a rescission motion.

· The Chief Executive Officer retains discretion over how a request is responded to, having regard to relevant considerations.

· Advice is shared with all Councillors.

· The Chief Executive Officer keeps a register of all written requests for advice and reports biannually to the governing body on request, detailing the number of requests and providing high-level information on requests.

The draft policy has been prepared carefully within the legal framework established under the Local Government Act 1993 and after considering advice from the Office of Local Government (OLG). It reflects the following constraints, which are further outlined under legislative implications:

· the statutory roles of the governing body, mayor, councillors and general manager;

· limits imposed by the Code of Conduct on councillors giving directions to staff; and

· restrictions on the recovery of legal expenses.

Further advice would likely be required before implementing any changes to the draft policy to ensure it remains legislatively compliant.

FINANCIAL IMPLICATIONS

The amendments to the Policy make it more likely that there will be an increase to the amount of money spent on third-party advice. These costs are outside of Council’s current budget and long-term financial plan. The assumed impact on the budget and long-term financial plan are outlined in the table below.

	2022/23	2023/24	2024/25	2025/26
Operating budget / LTFP impact	$50,000	$100,000	$100,000	$100,000
Capital budget impact	-	-	-	-
Ongoing unbudgeted impact to opex from capital expenditure	-	-	-	-
Unbudgeted impact to unrestricted cash	$50,000	$100,000	$100,000	$100,000
Funding source	General funds	General funds	General funds	General funds

CONSIDERATIONS

Economic	Financial considerations in line with the table above.
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	Local Government Act 1993 (LGA) Local Government (General) Regulation 2021 (Regulations) Code of Conduct Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW (2009) (Guidelines) The LGA specifies the respective roles of the governing body, mayor, councillors and general manager (CEO) (sections 223, 226, 232 and 335). Direction can be given to the CEO by resolution of the governing body, or by the Mayor to the extent permitted by section 226. Councillors are required to comply with the Code of Conduct (LGA, section 440). The Code of Conduct provides that Councillors must not direct council staff other than by giving appropriate direction to the CEO by way of council or committee resolution, or by the mayor or administrator exercising functions under section 226 of the LGA. Sections 252 and 253 of the LGA and section 403 of the Regulations impose requirements for Council’s expenses policy. Council’s policy must comply with the Act, Regulations and Guidelines. The Guidelines specify the extent to which legal expenses can be recovered.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Draft Councillor Access to Information and Interaction with Staff Policy

Ordinary Meeting

1 March 2023

Corporate Services Report

CORP 05

2022/23 - Quarter 2, Budget Review

Strategic Direction	Generating Opportunity Meet the challenges of Liverpool’s growing population
File Ref	030389.2023
Report By	Vishwa Nadan - Chief Financial Officer
Approved By	Farooq Portelli - Acting Director Corporate Services

Executive Summary

Operating budget

The table below provides a summary of Council’s original 2022-23 operating budget and the revised operating budget as at 31 December 2022 (Q2).

In June 2022 Council adopted its 2022-23 operating budget with projected revenue of $331.5 million and expenditure of $227.2 million. In terms of the net operating result before grants and contributions provided for capital purposes, Council budgeted for an operating deficit of $8.4 million.

The proposed budget changes as part of Quarter 2 review will not change the projected operating deficit before grants and contributions for capital purposes. Details of budget adjustments are provided (Refer attachments 1 and 2 – Note D).

These projections were compiled after extensive consultation with key staff across the Council and are based on business intelligence available at the time of reporting. The following significant assumptions, however, have been made:

· $2.9 million Financial Assistance Grant for 2023/24 will be received in advance by 30 June 2023.

· Estimated value of road surfaces that will be written-off as part of renewals program will be around $2 million.

· $3 million gain on sale of 24 Scott Street will be realised before 30 June 2023

Any changes to these assumptions have potential to have significant impact on the projected results.

Capital budget

The table below provides a summary of Council’s original 2022/23 capital budget and the new revised capital budget as at 31 December 2022 (Q2).

The current Q2 review has resulted in a $18.8 million overall decrease to $331.9 million budget inclusive of $56.6 million carryover and resolutions (Refer attachment 3 – Note E).

Unrestricted cash

On 1 July 2022, Council had an unrestricted cash balance of $30.1 million. This is projected to be $37.9 million by 30 June 2023 (Refer attachment 6).

Key financial indicators (refer attachment 7)

The table below provides a summary of Council’s key financial indicators.

KPI	Indicator	Comment
Operating performance ratio		No material change. Requires Council to achieve a balanced budget before capital grants and contributions
Own source operating ratio		Council’s 55.5% is close to the benchmark of 60%
Debt service ratio

RECOMMENDATION

That Council approves the identified budget variations in accordance with this report.

REPORT

Legislative requirements

Section 203(1) of the Local Government (General) Regulation 2021 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. This report provides an overview of the results on the financial review for the quarter ended 31 December 2022 (Q2).

Operating budget

In June 2022, Council adopted its 2022/23 operating budget with projected revenue of $331.5 million and expenditure of $227.2 million. In terms of the net operating result before grants and contributions provided for capital purposes, Council budgeted a net operating deficit of $8.4 million. A comprehensive budget review conducted for the quarter ending 31 December 2022 (Q2) has resulted in no change to the net operating result excluding capital grants and contributions. A summary of the required adjustments is detailed in Attachment 2.

As part of the budget review, managers have conducted a review of their programs with a view to providing a revised forecast for the financial year ending 30 June 2023. Managers took into consideration events that have occurred to date and/or information that has become available since the adoption of the original budget and the impact of which provides the basis for the budget adjustments.

The review has resulted in a net $8.6 million (refer attachment 1 – Note A) decrease in total revenue, mainly attributable to the following:

Increases:

· $1.5 million grant funding from Public Spaces Legacy program for Phillimona Gardes and Pye Hill Reserve;

· $1.5 million higher than expected interest on investment holdings;

· $0.8 million grant towards road rehabilitation along Gurner Avenue between Fourth Avenue and Lee and Clark road;

· $0.6 million increase in domestic waste annual charges due to additional bin services;

· $0.2 million transfer of grants reserve towards phase 2 of urban forest strategy;

· $0.24 million Metropolitan Greenspace grant program to undertake planning and design works for Carnes Hill Recreation Precinct stage 2;

Decreases:

· $7.7 million grant towards land acquisition costs for Basin 14 Edmondson Park deferred to 2023/24 program year;

· $4.3 million grant towards construction of Governor Macquarie Drive and Hume Highway intersection deferred to 2023/24 program year;

· $1.0 million Reversal of reimbursement of remediation costs from BMX Club;

· $0.8 million grant towards road realignment of Greendale Road deferred to 2023/24 program year; and

· $0.2 million reduction of childcare grants and fees due to delay in opening of Emondson Park preschool;

Total expenditure is projected to increase by net $0.8 million (Refer attachment 1 – Note B), mainly comprising:

Increases:

· $1.8 million reversal of budgeted efficiency savings;

· $0.9 million lease adjustments for right of use assets;

· $0.7 million additional funds to complete urgent footpath, cycleways, and kerb and gutter repairs;

· $0.3 million various grant funded expenditures;

· $0.2 million consultancy costs towards contributions planning and VPA advice;

· $0.5 million outsourcing of DA assessments funded by salary savings;

· $0.4 million additional staff costs funded by salary savings;

· $0.3 million additional legal costs funded by salary savings; and

· $0.2 million additional materials and services funded by salary savings;

Decreases:

· $3.0 million depreciation adjustment on buildings due to asset revaluation;

· $0.5 million salary savings allocated to outsourcing of DA assessments;

· $0.4 million salary savings allocated to additional staff costs;

· $0.3 million salary savings allocated to additional legal costs;

· $0.2 million salary savings allocated to additional materials and services; and

· $0.2 million reduction in employee costs due to delay in opening of Edmondson Park preschool

Capital budget

As at 31 December 2022, Council has a capital expenditure program of $331.9 million as detailed in Attachment 3.

The Q2 budget review has resulted in a $18.8 million decrease to Council’s capital expenditure program (Refer attachment 1 – Note E). The budget adjustments include the following:

Increases:

· $1.5 million works on Phillimona Gardens and Pye Hill Reserve funded from Public Spaces Legacy program;

· $0.3 million works on phase 2 of urban forest strategy;

· $0.3 million planning and design works for Carnes Hill Recreation Precinct stage 2;

· $0.2 million engagement of professional services to undertake a study on monetisation of City Centre carparks;

· $0.2 million delivery of off leash dog park at Jardine Park; and

· $0.2 million design costs relating to traffic improvement works Bernera Rd, Yarrunga Street and Yato Road Prestons.

Decreases:

· $9.4 million Flood Detention Basin 29 Austral project deferred and anticipated to commence late 2022/23 program year;

· $7.8 million Flood Detention Basin 14 Edmondson Park project deferred and anticipated to comment late 2022/23 program year;

· $4.3 million Governor Macquarie Drive and Hume Highway Intersection project forecast to run over two financial years;

· $0.4 million Erosion protection project on Harris Creek and Helles Park forecast to run over two financial years; and

· $0.3 million works on Bridges Road project deferred to 2023/24 program year due to proposed infrastructure works by Sydney Water to commence shortly.

The year-to-date capital expenditure to 31 December 2022 was $57.6 million.

Details of the proposed budget changes are provided in the following attachments:

· Attachment 1 – Summary Financial Results (Consolidated) – Q2 Budget Review Summary (QBRS): This report presents a summary of Council's budgeted financial position at end of the quarter.

· Attachment 2 – Operating Budget Adjustments: This report provides details of operating budget adjustments

· Attachment 3 – Capital Budget Adjustments: This report provides details of capital budget adjustments

· Attachments 4 & 5 – Grants Status Reports: This has two components: 1. listing all annual grant submissions; 2. listing all grants that have been applied for during the quarter detailing the project title, amount sought, funding body and status of the application.

· Attachment 6 – Forecast Cash and Investments: Providing a reconciliation of restricted and unrestricted funds held as at 31 December 2022.

· Attachment 7 – Key Performance Indicators

· Attachment 8 - Consultancy and Legal Expenses

· Attachment 9 – Contracts: Contracts entered into during the quarter

· Attachment 10 - City Development Fund and Environment Levy

This Report recommends that Council receives and notes the report and votes the budget variations in accordance with this report.

CONSIDERATIONS

Economic	The revised budget net operating result before Grants and Contributions following Quarter 1 Budget Review and Council resolutions to 31 December 2022 will be a deficit of $8.4 million.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government (General) Regulation 2021, section 203 Local Government Code of Accounting Practice and Financial Reporting The responsible accounting officer (RAO) is required to provide a budget review statement complying with the Code not later than two months after each quarter's end, including – · revised estimate of income and expenditure for the year by reference to the statement of Council’s revenue policy in the operational plan; · RAO’s report on whether the Council’s financial position is satisfactory, having regard to the original estimate; and · remedial action if the position is not satisfactory.
Risk	The risk is deemed to be low. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. QBRS - Consolidated Financial Results

2. Operating Budget Adjustments

3. Capital Budget Adjustments

4. Grant Status Report - Applications

5. Grant Status Report - Received

6. Cash and Investment Report

7. Key Performance Indicators

8. Consultancy and Legal Expenses Budget Review Statement

9. Contracts and Other Expenses Statements

10. City Development Fund and Environment Levy Reserves

Ordinary Meeting

1 March 2023

Corporate Services Report

CORP 07

Investment Report January 2023

Strategic Objective	Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources
File Ref	034056.2023
Report By	Vishwa Nadan - Chief Financial Officer
Approved By	Farooq Portelli - Acting Director Corporate Services

Executive Summary

This report details Council’s investment portfolio and its performance at 31 January 2023. Key highlights include:

· Council held investments with a market value of $424 million.

· The Reserve Bank of Australia (RBA)’s official cash rate is at 3.35 per cent.

· The portfolio yield (for the year to January 2023) was 120 basis points above the benchmark (AusBond Bank Bill Index)

	AusBond Bank Bill Index (ABBI)
Benchmark	1.52%
Portfolio yield	2.72%
Performance above benchmark	1.20%

· Year-to-date, Council’s investment income was $5.13 million higher than the original budget. This is due to a combination of increase in market interest rates 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 $478 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 section 212 of the Local Government (General) Regulation 2021.

· 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 19.14 per cent of its portfolio in ADIs rated BBB and below.

RECOMMENDATION

That Council receive and note this report.

REPORT

Section 212 of the Local Government (General) Regulation 2021 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 31 January 2023, Council held investments with a market value of $424 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

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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 the Covid-19 pandemic and conflict in Ukraine. The fair value of FRNs, 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 19.14 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 MBSs are valued at $478 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 January 2023 exceeded the ABBI index by 120 basis points (portfolio yield: 2.72%; ABBI: 1.52%).

Comparative yields for the previous months are charted below:

Chart, bar chart, histogram

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Performance of portfolio returns against budget

Year-to-date, Council’s investment income was $5.13 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	$2.63m	$6.91m	$4.28m
Fair value market movement	$0.00m	$0.85m	$0.85m
Total	$2.63m	$7.76m	$5.13m

Chart, bar chart

Description automatically generated

Investment portfolio at a glance

Portfolio Performance

The portfolio yield for the month of January 2023 exceeded the AusBond Bank Bill index by 120 basis points (portfolio yield: 2.72%; ABBI: 1.52%).

Annual Income vs. Budget

Council’s investment income was $5.13 million higher than the original budget at 31 January 2023.

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 3.35 per cent in its meeting on 07 February 2023.

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, section 212 of the Local Government (General) Regulation 2021 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 $5.13 million higher than the original budget at 31 January 2023.
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	Local Government Act 1993, section 625 Local Government (General) Regulation 2021, section 212 As required by the Local Government Act, Council is fully compliant with the ministerial requirements specified in the Local Government Act 1993 – Investment Order (relating to investments by councils) 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 January 2023

Ordinary Meeting

1 March 2023

Corporate Services Report

CORP 08

2023 National General Assembly of Local Government

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	003745.2023
Report By	George Georgakis - Manager Council and Executive Services
Approved By	Farooq Portelli - Acting Director Corporate Services

Executive Summary

The 2023 National General Assembly of Local Government (NGA) will be held in Canberra from Tuesday 13 June to Thursday 15 June 2023. The report seeks a resolution from Council to select the Councillors to attend and for Council to endorse any motions it my wish to submit.

RECOMMENDATION

That:

1. Any Councillor who wishes to attend the 2023 National General Assembly of Local Government notify the Councillor Support Officer by 16 March 2023; and

2. Council determines whether to submit any motions for debate at the National General Assembly.

REPORT

The National General Assembly of Local Government (NGA) is a key event on the local government calendar. It is convened by the Australian Local Government Association (ALGA) for local Councils across Australia.

The NGA provides a platform for Local Government to address national issues and advocate to the federal government on critical issues facing the sector.

As the national voice for local government, the ALGA advocates on behalf of Australia’s 537 Councils for funding and policy outcomes that support local governments to deliver better results for their communities.

The 2023 NGA will be held in Canberra from Tuesday 13 June to Thursday 15 June 2023.

The program is being finalised and will be provided to Councillors upon receipt.

Council is entitled to one vote at the NGA, but is not limited to the number of Councillors who can attend. The Mayor is Council’s voting delegate.

The theme for the 2023 NGA will be “Our Communities, Our Future” and the ALGA is seeking motions to guide ALGA’s Board, in particular, where they identify opportunities for reforming and creating new Federal Government programs and policies that will support Councils to build stronger communities into the future.

The ALGA Discussion Paper (attached to this report) covers some of the critical national policy areas that the sector needs to consider now and into the future and will help with the preparation of any motions.

A notice of motion to this year’s NGA should either:

- Focus on practical and deliverable programs and policies that the Australia Government can support and work directly with the local government sector to build our communities; or

- New program ideas that would help the local government sector to deliver national objectives.

Motions should be concise, practical and able to be implemented.

They must also meet the guidelines for motions outlined in this paper.

To be eligible for inclusion in the NGA Business Papers, and subsequent debate on the floor of the NGA, motions must meet the following criteria:

1. Be relevant to the work of local government nationally.

2. Not be focused on a specific jurisdiction, location or region – unless the project or issue has national implications.

3. Be consistent with the themes of the NGA.

4. Complement or build on the policy objectives of ALGA of their state or territory local government association.

5. Be submitted by a Council which is a financial member of their state or territory local government association.

6. Propose a clear action and outcome, that is, call on the Australia Government to act on something.

7. Not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Bord members, or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

8. Address issues that will directly improve the capacity of local government to deliver services and infrastructure for the benefit of all Australian communities.

9. Not seek to advance an outcome that would result in a benefit to one group of Councils to the detriment of another.

10. Be supported by sufficient evidence to support the outcome being sought and demonstrate the relevance and significance of the matter to local government nationally.

All motions require a clear national objective, a summary of the key arguments in support of the motion, and endorsement of Council.

Motions should be received no later than the end of the day on Friday 24 March 2023.

FINANCIAL IMPLICATIONS

There will be financial costs per delegate for registration, accommodation and meals. These are outlined in the Economic considerations below.

The costs have been included in Council’s budget for the current year and long-term financial plan.

CONSIDERATIONS

Economic	The following costs will be incurred per delegate: Registration: Approximately $1,000 per person. Accommodation: Approximately $350 per night per person. Meals: Approximately total of $350 for conference dinners on 13 and 14 June 2022. Note: Conference registration costs have not yet been released. Travel: Via Council vehicle (or reimbursed mileage allowance if using private vehicle).
Environment	Raise community awareness and support action in relation to environmental issues. Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options.
Social	Raise awareness in the community about the available services and facilities.
Civic Leadership	Act as an environmental leader in the community. Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services.
Legislative	There are no legislative considerations relating to this report.
Risk	The risk is deemed to be low and is considered to be within Council’s risk appetite.

ATTACHMENTS

1. Correspondence from Australian Local Government Association (Under separate cover)

2. Call for Motions Discussion Paper (Under separate cover)

Ordinary Meeting

1 March 2023

City Presentation Report

PRES 01

Smart Bin Trial

Strategic Objective	Liveable, Sustainable, Resilient Deliver a beautiful, clean and inviting city for the community to enjoy
File Ref	047579.2023
Report By	Tim Pasley – Manager Resource Recovery
Approved By	Jason Breton - Acting Director City Presentation

Executive Summary

On February 2nd, 2022, Liverpool City Council resolved to explore a trial program of Smart Bins in a high profile and high traffic park. The trial period ran from November 4th, 2022 and lasted for three months. The purpose of the trial was to evaluate the benefits of Smart Bin technology and to report back to Council. The trial involved the installation of two Smart Bins, which were monitored and evaluated for their effectiveness in managing waste. The trial demonstrated the many benefits of Smart Bin technology, including efficient waste collection, real-time monitoring of fill levels, automated notifications for waste collection, and valuable data insights on waste collection patterns.

RECOMMENDATION

That Council receive and note the report.

REPORT

Smart Bin technology is a waste management solution that involves the use of high-tech bins equipped with sensors, microcontrollers, and communication systems to monitor the fill level of waste containers in real-time. This technology has been widely adopted in Australia and has shown great promise in reducing waste and improving the efficiency of waste management processes.

In recent years, many local Councils (including Liverpool City Council) and private organisations have begun to adopt this technology to improve the management of their waste streams. This has led to a reduction in the amount of waste being sent to landfills, as well as improved efficiency in waste collection and transportation processes.

One of the key benefits of smart bin technology is that it allows for the optimisation of waste collection routes. By monitoring the fill level of bins in real-time, Council can ensure that they are collecting waste only when it is actually needed, reducing the number of trips required and saving time and resources. This also reduces the environmental impact of waste collection, as fewer vehicles on the road means lower emissions and reduced fuel consumption.

Another benefit of smart bin technology is that it can help to reduce the amount of waste that ends up in landfills. By providing early warning of when a bin is full, Council can schedule a collection before the bin becomes overflowing, reducing the amount of waste that is lost or sent to landfill. This can also help to reduce the amount of litter and waste in public areas, improving the appearance and cleanliness of the surrounding environment.

Smart bin technology also has the potential to improve the overall sustainability of waste management practices in Australia. By reducing waste and improving the efficiency of waste collection processes, this technology can help to reduce the environmental impact of waste management, as well as the cost of these processes. Additionally, the data generated by smart bin technology can be used to inform future waste management policies and initiatives, helping to ensure that Australia remains at the forefront of sustainable waste management practices.

Placement of Bins:

On November 4th, 2023, two Smart Bins were installed as part of a trial initiative in order to evaluate their effectiveness in waste management. The total cost of the two smart bins and their installation came to $6,873.68, with $6,224.68 being the cost of the smart bins and $649.00 being the cost of installation.

1. 1st Smart Trial Bin located at George Street Liverpool

Graphical user interface, application, Word

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2. 2nd Smart Trial Bin located at Macquarie Mall Liverpool CBD

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The Smart Bin software provides a comprehensive solution for waste management by incorporating advanced technology and sophisticated software capabilities. This software is integrated into the Smart Bins and enables real-time monitoring of the fill levels of the bins, allowing for efficient collection and reducing the number of waste collection trips required. The software also provides automated notifications when a bin is full, allowing for timely collection and reducing the risk of overflow. In addition, the software provides valuable data insights on waste collection patterns and trends, which can be used to optimise waste collection routes, reduce waste sent to landfills, and improve the sustainability of waste management practices. With its user-friendly interface and robust capabilities, the Big Belly Smart Bin software offers a cutting-edge solution for the efficient and effective management of waste in modern communities.

Known Issues:

During the trial period of Smart Bin placement, one issue was discovered regarding the difficulty faced by shop owners in placing their waste material within the bins. Despite ongoing efforts by the Council's compliance teams to educate shop owners about proper waste disposal, the issue of improper disposal has persisted. The mechanisms built into the Smart Bins to prevent waste material from entering, while positive in nature, have also created a negative image of built-up waste surrounding the bin enclosure. This has resulted in the Smart Bin being unable to detect waste material outside of the enclosure. While the Smart Bin technology reduces the frequency of waste collection, thereby improving operational efficiency, it also creates a void for dumping to occur around the bin. This, in turn, has increased complaints from the community about the build-up of waste in the surrounding areas.

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Description automatically generated

In conclusion, smart bin technology has proven to be a valuable solution for waste management for Liverpool Council. With its ability to optimise waste collection routes, reduce waste sent to landfills, and improve the sustainability of waste management practices, this technology has the potential to improve waste management in the country. As smart bin technology continues to evolve and become more widespread, it is likely to play an increasingly important role in shaping the future of waste management in Australia.

Costs:

The installation of Smart Bins can be prohibitively expensive, making it challenging for many local government areas to implement this technology on a large scale. While the benefits of Smart Bins in terms of efficient waste collection and real-time monitoring of fill levels are well-established, the cost of installation can be a barrier to widespread adoption. As a result, it is likely that Smart Bins are best suited for high-profile areas within a local government area, where the benefits of their use can be highlighted and their impact can be most effectively demonstrated. This might include areas with a high volume of foot traffic or areas that are closely monitored by local authorities, such as busy shopping districts or popular tourist destinations. By prioritizing the installation of Smart Bins in high-profile areas, local government areas can showcase the benefits of this technology and potentially attract funding for wider implementation in the future.

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	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

1 March 2023

Committee Reports

CTTE 02

Minutes of the Liverpool Local Traffic Committee meeting held on 1 February 2023

Strategic Direction	Visionary, Leading, Responsible Position Council as an industry leader that plans and delivers services for a growing city
File Ref	029507.2023
Report By	Charles Wiafe - Manager Transport Management
Approved By	Lina Kakish - Acting Director Planning & Compliance

Executive Summary

This report presents recommendations from the Liverpool Local Traffic Committee meeting held on 1 February 2023. At the meeting, the Committee considered seven (7) agenda, two (2) technical discussion, and six (6) general business items.

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

RECOMMENDATION

That Council adopts the following Committee recommendations:

Item 1 – Pearce Street, Liverpool – Proposed One Way Access into Gillespie Street

a) For community consultation to be carried out regarding the proposed one-way arrangement from Pearce Street into Gillespie Street, as shown in Attachment 1.

b) Subject to the outcome of the community consultation, detailed design to be prepared and presented at a future Committee meeting for further consultation.

Item 2 – Liverpool City Centre Special Event - Festival of Chariots

a) Approves in principle this year’s Festival of Chariots Street parade through the Liverpool City Centre on 24 June 2023.

b) Classifies the event as a Class 2 Special Event with the required associated conditions.

c) Liaises with the event organisers, Police, and local bus companies to discuss and implement measures that would minimise traffic impacts of the event. A separate meeting is to be organised before the event.

d) Submits a Special Event Traffic Management Plan to TfNSW for endorsement.

Item 3 – Sarah Hollands Drive, Carnes Hill – Proposed Pedestrian Crossing Facility

a) Installation of a marked pedestrian crossing across the Sarah Hollands Drive near its intersection with Strzelecki Drive.

b) Detailed design of the marked pedestrian crossing is to be forwarded to Transport for NSW for comments prior to installation.

Item 4 – First Avenue, Hoxton Park – Proposed Traffic Management Changes

a) Prepare detailed design for the extension of the northbound right turn lane between Twentieth Avenue and Hoxton Park Road and submit to the Committee for endorsement.

b) Undertake design investigation including community consultation for connection of First Avenue to Nineteenth Avenue including other options, which would minimise traffic flow on First Avenue.

c) Installation of indented parking bays along Frist Avenue, in accordance with Attachment 4.1.

Item 5 – Railway Street Shared Spaces Demonstration Project - Opening Event

a) Road closure of Railway Street, for the opening of the Railway Street demonstration project on 18 March 2023.

b) Classifies the road closure as a Class 2 Special Event.

c) Liaises with the event organisers, and the Police, and implement measures to minimise traffic impacts of the event.

d) Submits a Special Event Traffic Management Plan to TfNSW for endorsement.

Item 6 – Weir Crescent, Lurnea and Cecil Hills/Elizabeth Hills – Requests for Traffic Calming Devices and Local Area Traffic Management (LATM) Study

a) Request the Police to continue ongoing speed enforcement along Weir Crescent and the network within Elizabeth Hills and Cecil Hills.

b) Carry out speed classifications along the distributor, collector and critical local roads within Elizabeth Hills and Cecil Hills to identify locations where additional traffic calming devices may be required, as part of a Local Area Traffic Management Plan (LATM) and present to a future Committee meeting.

Item 7 – Regentville Drive, Elizabeth Hill – Full or Partial Road closure at Gowanlea Avenue intersection

a) Undertakes community consultation on full or partial closure of Regentville Drive at its intersection with Gowanlea Avenue, as part of a local area traffic study, and present the outcome to a future Committee meeting.

b) Subject to the outcome of the community consultation, prepare design and present to a future Traffic Committee meeting.

Item 8 –Approved Items Under Delegated Authority

Notes the approved items under delegated authority.

REPORT

This report presents recommendations of the Liverpool Local Traffic Committee meeting held on 1 February 2023. At the meeting, the Committee considered seven (7) agenda, two (2) technical discussion, and six (6) general business items.

A copy of the meeting minutes with the Committee’s recommendations along with an Attachment Booklet containing design layouts is included in Attachment 1. It is recommended that Council adopts the Committee’s recommendations on the agenda items and note the advice and proposed actions on the technical discussion and general business items.

A portion of Item 6 relates to Elizabeth Hills and Cecil Hills residents’ speeding concerns with request to the Mayor at a public meeting, for investigation and options to reduce speeding in the local area.

In response, the Traffic Committee has endorsed that Council undertake speed classifications along the distributor, collector and critical local roads within Elizabeth Hills and Cecil Hills, to identify locations where additional traffic calming devices may be required, as part of a Local Area Traffic Management Plan (LATM) and present to a future Committee Meeting. The speed classifications will be carried out over the next three months and presented to the Traffic Committee meeting for further consideration.

Outcome of the discussions on the technical discussion and general business items are as follows:

Technical Discussion (TD) Items

TD1 – Liverpool City Centre High Pedestrian Activity Area – Proposed Additional Pedestrian Safety Measures

Following Mayoral representations, the Minister for Metropolitan Roads has approved replacement of the 30km/h speed limit, to previous 40km/h speed limit, except Macquarie Road, between Scott Street and Moore Street, which is to remain at 30km/h.

Transport for NSW (TfNSW) is responsible for speed management and installed the 30km/hr speed limit signs and associated pavement markings, as part of its speed limit trial, in the Liverpool city centre, high pedestrian activity area (HPAA). Hence, the agency has engaged a contractor to carry out the required speed limit replacements.

The replacements involving changes to speed limit signs, pavement markings and associated school zone signs commenced in mid-January 2023 and have now been completed.

The Minister’s approval to replace the 30km/h speed limit, requires Council to investigate and implement further safety measures in the HPAA to maintain pedestrian safety.

The extent of the investigation and further pedestrian safety measures has been discussed with the relevant TfNSW Senior Network and Safety Manager. The Manager has advised that, taking into consideration, the agency has allocated $1.3 million to Council to install traffic calming devices in the city centre high pedestrian activity area, and installations are almost completed, additional measures are not required.

The Committee noted the speed limit signs replacements. In response, to a concern about jay walking at signalised intersections, particularly at Elizabeth Street and Northumberland Street intersection, on the Committee’s recommendation, Council is to install pedestrian advisory safety signs and request the police to enforce and discourage jaywalking, and remind pedestrians to cross the city centre streets safely.

TD2 - Camden Valley Way and Guild Avenue Intersection, Leppington – Request for Right Turn Movements at the intersection

Camden Valley Way and Guild Avenue intersection is currently restricted to a left in/left out. Council has received representations that a number of motorists are ignoring the right turn restriction.

Transport for NSW (TfNSW) have advised that right turn movements cannot be permitted at the intersection due to its proximity to the existing signalised intersection at the Camden Valley Way/Cowpasture Road/Bringelly Road intersection. The agency has secured funding for physical barrier to be installed in the median island opposite Guild Avenue to reinforce the left in/left out arrangement and prevent illegal right turn movements.

General Business (GB) Items

GB1 - Wilson Road, Hinchinbrook – Access from Hoxton Park Reserve

Council has received representations on the existing right turn restriction of the driveway providing access to the Hoxton Park Reserve, with a request for the restriction to be reviewed.

The existing right turn restriction was installed as part of the access arrangement for the ‘place of worship’ opposite the reserve.

The road network in the local area includes a roundabout on Wilson Road, which permits northbound traffic to make U-Turn movement and enter the reserve safely.

The right turn movements out of the reserve is possible via Wilson Road, Hoxton Park Road and Whitford Road.

The Committee discussed and outlined that removing the right turn restriction would require the central median island to be removed. This will result in conflicting traffic movements which will be unacceptable, particularly during peak use of the place of worship. Hence the existing access arrangement and right restriction is to be retained.

GB2 - 24 Bathurst Street, Liverpool – Disabled Parking

Council has received representations that two disabled parking spaces, in front of the surgery at 24 Bathurst Street, is adjacent to the surgery driveway.

The two spaces has a length of approximately 11.4m long and tends to be occupied during business hours. This affects sight distance for exit movements from the Surgery.

The spaces were signposted to be used by visitors to Women’s Health Clinic on the opposite of Bathurst Street.

A possible solution is to signpost one of spaces as 30 minutes parking. This requires consultation with the adjoining Women’s Health Clinic and the Access Committee. Subject to the outcome of the discussions, approval can be obtained under delegated authority to change the signposting of one of the parking spaces.

GB3 - Wellwood Crescent, Moorebank – Timed Parking

Council has received representations about on-street on both sides of the street which restricts traffic movements including emergency vehicles.

No Parking restriction along one side of the street, as an interim solution, is to be considered, in consultation with the residents that would be affected. Subject to the outcome of the consultation, approval is to be obtained under delegated authority for the parking restriction to be installed.

The street has also been included in the Indented “Parking Bay” priority list, for design investigation and to be prioritised for installation of bays, in future.

GB4 - 307 Wilson Road – Removal of Bus Zone/Bus Stop

Council has received representation for a bus at 307 Wilson Road to be removed. The property owner has expressed concerns that the bus stop has restricted on street parking. Her son has received a parking infringement, bus passengers sometimes trespass onto the private property to sit on the resident’s stairs, and rubbish is being left behind by the patrons. Hence the resident is requesting the bus stop to be removed.

The Committee discussed and noted that the Transits System, the local bus company will prefer the bus stop to be retained at the location.

However, it would review bus patronage information on the number of passengers that join/alright from the bus stop and provide further advice on whether the bus stop can be relocated.

GB5 - Buchan Avenue & Faulkner Way, Edmondson Park – Request for Changes to Timed Parking restrictions outside of new Edmondson Park Public

The Committee previously approved the signs and linemarking for new Edmondson Park Public School with timed No Parking signs approved for the standard school zone times

(8-9:30am, 2:30-4pm).

The school has been approved with differing school bell times and school finishes at 2:10pm. In order for the No Parking (kiss and drop) to work properly in the afternoons, Council has received a request that the No Parking signage times be changed to 1:30- 3:00pm.

The Committee discussed and supported No Parking signs between 1:30-3:00pm, on school days.

GB6 - Meehan Avenue, Hammondville- Traffic Speeding

Council has received a representation from Councillor Macnaught that the Member of Holsworthy has requested that speeding along Meehan Avenue is to be assessed and if required, addressed.

Council to undertake speed classification at two road sections and report the findings to a future meeting.

GB7- Hoxton Park Road, Liverpool – Right turn movements at Gillespie Street Intersection

Council has received concerns about representations about right turn movements into developments along the section of Hoxton Park Road, between Hume Highway and Gill Avenue, including at the Hoxton Park Road and Gillespie Street intersection.

The Committee noted that the Hoxton Park Road and Gillespie Street intersection has a triangular concrete island and signs to restrict turning movements to left in/left out.

The Committee discussed and agreed that as TfNSW manages Hoxton Park Road, Council is to request the agency to investigate installation of a central median to ban right movements across Hoxton Park Road including right turn movements into and out of Gillespie Street.

FINANCIAL IMPLICATIONS

The actions contained in the minutes are funded as outlined in the table below:

Item	Description	Funding, Indicative Cost and Timing
1	Pearce Street, Liverpool – Proposed One Way Access into Gillespie Street	Funding – Council. No financial implication to Council at this stage. If the proposed one-way arrangement is supported, funding will need to be considered in next financial year’s budget.
2	Liverpool City Centre Special Event - Festival of Chariots	Funding – Event Organisers. No financial implication to Council.
3	Sarah Hollands Drive, Carnes Hill – Proposed Pedestrian Crossing Facility	Funding – Council’s minor Traffic Facilities Program Indicative Cost – $70,000 Timing – September/October 2023
4	First Avenue, Hoxton Park – Proposed Traffic Management Changes	Funding – Council’s indented parking along narrow streets, and Council’s minor Traffic Facilities Program. Indicative Cost- To be estimated after detailed designs. Timing – Indented bays - Next financial year. If supported, the other traffic management changes will be considered in future budgets.
5	Railway Street Shared Spaces Demonstration Project - Opening Event	Funding – TfNSW Grant funding for the project. Indicative Cost – $25,000 Timing – March 2023
6	Weir Crescent, Lurnea and Cecil Hills/ Elizabeth Hills – Local Area Traffic Management (LATM) Study	Funding – Council’s Traffic Management Operating budget. Indicative Cost- To be estimated after detailed designs. Timing – Implementation to be considered after community consultation.
7	Regentville Drive, Elizabeth Hill - Full or Partial Road closure at Gowanlea Avenue intersection	Funding – Council’s minor Traffic Facilities Program Indicative Cost- To be estimated after detailed designs. Timing – Implementation to be considered after community consultation.

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 1993.
Risk	The risk is deemed to be low. The risk is considered within Council’s risk appetite

ATTACHMENTS

1. Liverpool Traffic Committee Minutes - 1 February 2023 (Under separate cover)

Ordinary Meeting

1 March 2023

Notices of Motion

NOM 02

Online Confidentiality

Strategic Objective

Visionary, Leading, Responsible

Place customer satisfaction, innovation and best practice at the centre of all operations

File Ref

046091.2023

Author

Karress Rhodes - Councillor

Background

Since all Government COVID restriction having been lifted, Council has move to hold the majority of Council Committee meetings both online and or through hybrid meetings of Council.

It is not uncommon in such meetings to discuss confidential information that is not to be shared outside the meetings.

On the Council Website there is a reminder that confidential information from Council meetings is not to be shared with Family members or other people.

However there is a growing risk increased by the number of online meetings held by Council where confidentiality could be either intentionally or unintentionally breached because attendees are joining meetings from places that might be outside even the attending members complete security control.

It is not uncommon for Councillors and Committee members to join Council online meetings from places such as their home, their car, or places of work where one would expect other people to possibly be at that location.

Council has codes of Conduct for Councillors or similar regulations within Community Committee Charters that Council relies upon for compliance enforcement should any confidentiality breach occur, but Council does not have any regulations regarding how attendance online might be better controlled that might better address the risk of confidentiality.

In saying this, no one is accusing anyone that any such breach may have occurred, it is purely to raise the risk to Council that either intentional or unintentional breach of confidentiality may occur though attending online meetings...

Council does not have any form of independent power to ensures participants at confidential online meetings are indeed alone at all times during those meetings and therefore can by no means guarantee that such online meetings are in fact confidential.

The risk issue is further hampered by the encouraged practice of online attendees in fact turn off their cameras and Mics in a bid to maintain better connections and less interference during the meetings.

The only mention in the Office of Local Government Meeting practice procedures regarding confidentiality is as below:

14. What obligations do council officials have in relation to information about matters that were considered in a part of a meeting that was closed to the public?

Under the Model Code of Conduct for Local Councils in NSW, all council officials have an obligation to maintain the integrity and security of confidential documents or information in their possession, including confidential business papers. In particular, all council officials must: • protect confidential information • only release confidential information if they have authority to do so • only use confidential information for the purpose it is intended to be used • not use confidential information for the purpose of securing a private benefit for themselves or for any other person • not use confidential information with the intention to cause harm or detriment to the council or any other person or body • not disclose any information discussed during a confidential session of a council meeting. It is also an offence under section 664(1A) of the Act to disclose information about a matter that was considered in a meeting that was closed to the public under section 10A.

15. What happens if a council official inappropriately discloses information about a matter that was considered in a part of a meeting that was closed to the public?

Where a council official fails to comply with their obligations in relation to the protection of confidential information they may face disciplinary action. This might include termination of employment for council staff or suspension or disqualification from civic office for a councillor. Guidelines on the Closure of Council Meetings April 2013 13 A council official may also face prosecution under section 664 of the Act if they disclose information about a matter that was considered in a meeting that was closed to the public under section 10A. The inappropriate disclosure of such information can also have broader ramifications for the trust and constructive working relationships between staff and councillors so necessary to the effective functioning of a council.

The matter might be addressed by amendments to Council Charter rules that all on line participants must attend through ear plug attachment assuring there is no sound is emitting from the connecting device and that the Camera and Mic must be left on at all times.

I acknowledge the above suggestions might add to the instability of connections and I acknowledge that Council staff may have recommendations on how this growing risk might be best addressed.

NOTICE OF MOTION

That Council:

1. Write to the Office of Local Government to raise the concerns of risk regarding confidentiality and online Council Committee Meetings and inquire if they are intending to amend regulations contained in the Council Meeting Practice Procedures that might address the growing risk in holding online meetings and possible increased opportunities for breach of confidentiality.

2. Council investigate and report back to the April Council meetings 2023 on possible procedures to improve the confidentiality assurances when holding Council Committee meetings containing confidential information online.

CHIEF EXECUTIVE OFFICER’S COMMENT

Council’s Code of Meeting Practice (which includes the clauses below from the Office of Local Government’s Model Code) provides for the following in relation to attendance by Councillors at meetings by audio-visual link:

Attendance by councillors at meetings by audio-visual link

5.18 Councillors may attend and participate in meetings of the council and committees of the council by audio-visual link with the approval of the council or the relevant committee.

5.19 A request by a councillor for approval to attend a meeting by audio-visual link must be made in writing to the CEO prior to the meeting in question and must provide reasons why the councillor will be prevented from attending the meeting in person.

5.20 Councillors may request approval to attend more than one meeting by audiovisual link. Where a councillor requests approval to attend more than one meeting by audio-visual link, the request must specify the meetings the request relates to in addition to the information required under clause 5.19.

5.21 The council must comply with the Health Privacy Principles prescribed under the Health Records and Information Privacy Act 2002 when collecting, holding, using and disclosing health information in connection with a request by a councillor to attend a meeting by audio-visual link.

5.22 A councillor who has requested approval to attend a meeting of the council or a committee of the council by audio-visual link may participate in the meeting by audio-visual link until the council or committee determines whether to approve their request and is to be taken as present at the meeting. The councillor may participate in a decision in relation to their request to attend the meeting by audio-visual link.

5.23 A decision whether to approve a request by a councillor to attend a meeting of the council or a committee of the council by audio-visual link must be made by a resolution of the council or the committee concerned. The resolution must state:

(a) the meetings the resolution applies to, and (b) the reason why the councillor is being permitted to attend the meetings by audio-visual link where it is on grounds other than illness, disability, or caring responsibilities.

5.24 If the council or committee refuses a councillor’s request to attend a meeting by audio-visual link, their link to the meeting is to be terminated.

5.25 A decision whether to approve a councillor’s request to attend a meeting by audio-visual link is at the council’s or the relevant committee’s discretion.

The council and committees of the council must act reasonably when considering requests by councillors to attend meetings by audio-visual link. However, the council and committees of the council are under no obligation to approve a councillor’s request to attend a meeting by audio-visual link where the technical capacity does not exist to allow the councillor to attend the meeting by these means.

5.26 The council and committees of the council may refuse a councillor’s request to attend a meeting by audio-visual link where the council or committee is satisfied that the councillor has failed to appropriately declare and manage conflicts of interest, observe confidentiality or to comply with this code on one or more previous occasions they have attended a meeting of the council or a committee of the council by audio-visual link.

5.27 This code applies to a councillor attending a meeting by audio-visual link in the same way it would if the councillor was attending the meeting in person. Where a councillor is permitted to attend a meeting by audio-visual link under this code, they are to be taken as attending the meeting in person for the purposes of the code and will have the same voting rights as if they were attending the meeting in person.

5.28 A councillor must give their full attention to the business and proceedings of the meeting when attending a meeting by audio-visual link. The councillor’s camera must be on at all times during the meeting except as may be otherwise provided for under this code.

5.29 A councillor must be appropriately dressed when attending a meeting by audio-visual link and must ensure that no items are within sight of the meeting that are inconsistent with the maintenance of order at the meeting or that are likely to bring the council or the committee into disrepute.

Staff can incorporate the above clauses into Committee Charters to further control attendance by Committee members at meetings by audio-visual link. Further, if the Notice of Motion is adopted by Council, staff can liaise with the Office of Local Government regarding possible improvements to the confidentiality assurances for those participating online when discussing information of a confidential nature and report back to the April 2023 Council meeting.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

ATTACHMENTS

Nil

Ordinary Meeting

1 March 2023

Notices of Motion

NOM 03

RV Park

Strategic Objective

Liveable, Sustainable, Resilient

Deliver a beautiful, clean and inviting city for the community to enjoy

File Ref

046112.2023

Author

Karress Rhodes - Councillor

Background

A motion was first resolved by Council through the Tourism and CBD Committee to investigate the opportunity for Liverpool to engage and provide an RV Park in Liverpool LGA in 2018.

The Campervan & Motorhome Club of Australia (CMCA) who is a national organisation that establishes RV parks on Local Government land that is not being otherwise used by Council and is predominantly in flood zones.

The RV parks opportunity for the Liverpool LGA are for the temporary use by members of the Campervan & Motorhome Club of Australia only. They are only permitted to stay no longer than a few days. The RV Vehicles must be totally self sufficient requiring no services such as power or toilet facilities as they must have those facilities in their RVs to be entitled to use the park.

There is no infrastructure permitted such as in hard stand buildings to be provided in the parks. There is just one access road that need not be a sealed road but perhaps a gravel road, one water supply facility (a tap) for the RV’s to Fill up their onboard needs and a Dump station that enables the RV’s to dispose of wastes from their vehicles into existing sewerage services close to the area. The water access, Dump stations and access road are all provided and maintained at CMCA Cost.

There is no cost to Council at all.

CMCA leases the land from Council, thus enabling at least some additional funds for Council that they would otherwise not be received from the flood prone land and such funds would contribute to the needs of our Liverpool Constituents.

There would be a one access road built and maintained by CMCA into the site that simply provides areas designated for the RVs to park on Grassed areas for their short term stay.

The Park is managed by a full time on site manager employed by CMCA whose duty is to keep the park clean at all times and manage the booking of the Club Members so that the site has only the number of permitted RVs on the site at any time and that no RV overstays the short term regulations.

Through Questions With Notice at the Council Meeting Wednesday 16^th November 2022, Council provided the following advice:

2. What possible sites were looked at?

Multiple sites were explored during CMCA’s visit to Liverpool in February 2021 including: - Heron Park, Chipping Norton –

Angle Park, Chipping Norton –

Casula Parklands, Casula –

Bringelly Community Centre –

Barefoot Water Ski, Moorebank - Casula Parklands

CMCA was hesitant about exploring opportunities near Western Sydney Airport due to their criteria for access to major transport infrastructure, manoeuvrability and access for RVs, proximity to shopping centres and public transport, public open space and potentially waterbased outlook sites.

CMCA identified a potentially suitable location adjacent to the NSW Barefoot Water Ski Club in Helles Park, Moorebank. Negotiations progressed with the Ski Club and CMCA. They both indicated in-principle support for the proposal.

However, because the site is in a high-risk flood area, the Liverpool Development Control Plan 2008 part 1.9 (high flooding risk) prevents development of an RV park on the site.

and

4. What determined that outcome?

Because the site is in a high-risk flood area, the Liverpool Development Control Plan 2008 part 1.9 (high flooding risk) prevents development of an RV park on the site. There are also risks in electrical and sewage systems and consideration of evacuation routes for an RV Park.

Clearly the only objection to the possible RV Park was the flooding issue.

To which the following has not been fairly considered.

1. The CMCA RV Parks are evacuated and closed upon the first advice of POSSIBLE flooding allowing the vehicles to simply drive out in a timely manner before exit roads are cut.

2. There is no electrical supply in the intended RV parks.

3. There is no hard stand infrastructure in the RV park.

4. The Dump facility is into existing sewerage system and poses no additional risk.

5. The Georges River being down stream from the majority of catchments areas result in possible flooding warnings at Liverpool with up to 12hrs warning.

6. Liverpool Development Control Plan 2008 Part 9.1 Development near a Watercourse does not necessarily negate the possibility of an RV Park and would be addressed through the DA Process and in relation to the proposed site.

Liverpool Development Control Plan 2008 Part 9.1 Development near a Watercourse Controls

1. If any works are proposed near a water course, the Water Management Act 2000 may apply, and you may be required to seek controlled activity approval from the NSW Office of Water. Please consult with the NSW Office of Water regarding your proposal. Section 4 Bushland and Fauna Habitat Preservation of this DCP should also be addressed when pertinent.

An RV Park through CMCA provides Liverpool the opportunity to

1. Increase the Visitation economy of Liverpool.

2. Promote Liverpool as a destination at no cost through the CMCA Club magazine as it promotes all their RV Parks

3. Increase awareness of Liverpool’s visitor attractions

NOTICE OF MOTION

That Council:

1. Make all necessary arrangements in line with Council procedures to establish a CMCA RV Park in the Liverpool LGA; and

2. Provide a progress report back to the May Council meeting 2023.

CHIEF EXECUTIVE OFFICER’S COMMENT

A progress report will be provided back to the May Council meeting as requested in the Notice of Motion.

FINANCIAL IMPLICATIONS

Financial implications, if any, will be reported in the May Council report.

ATTACHMENTS

Nil

[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.

1
CORP 01	Delegation for the Chief Executive Officer
Attachment 1	Draft Instrument of Delegation for the Chief Executive Officer

1
CORP 02	Functional Design Review
Attachment 2	Pre 31 August 2022 Interim Structure

1
CORP 05	2022/23 - Quarter 2, Budget Review
Attachment 3	Capital Budget Adjustments

1
CORP 05	2022/23 - Quarter 2, Budget Review
Attachment 4	Grant Status Report - Applications

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CORP 05	2022/23 - Quarter 2, Budget Review
Attachment 5	Grant Status Report - Received

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CORP 05	2022/23 - Quarter 2, Budget Review
Attachment 6	Cash and Investment Report

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CORP 05	2022/23 - Quarter 2, Budget Review
Attachment 7	Key Performance Indicators

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CORP 05	2022/23 - Quarter 2, Budget Review
Attachment 8	Consultancy and Legal Expenses Budget Review Statement

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CORP 05	2022/23 - Quarter 2, Budget Review
Attachment 9	Contracts and Other Expenses Statements

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CORP 05	2022/23 - Quarter 2, Budget Review
Attachment 10	City Development Fund and Environment Levy Reserves

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CTTE 01	Minutes of the Environment Advisory Committee held on 12 December 2022
Attachment 1	Minutes of the Environment Advisory Committee Meeting - 12 December 2022