Agenda of Ordinary Meeting - Wednesday, 29 March 2023

COUNCIL AGENDA

Ordinary Council Meeting

29 March 2023

francis greenway centre, 170 george street, Liverpool

You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 29 March 2023 commencing at 2.00pm. Doors to the Francis Greenway Centre will open at 1.50pm.

Liverpool City Council Meetings are livestreamed onto Council’s website and remain on Council’s website for a period of 12 months. If you have any enquiries, please contact Council and Executive Services on 8711 7584.

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Mr John Ajaka

CHIEF EXECUTIVE OFFICER

Statement of Ethical Obligations

Oath or Affirmation of Office

In taking the Oath or Affirmation of Office, each Councillor has made a commitment to undertake the duties of the office of councillor in the best interests of the people of Liverpool and Liverpool City Council and that they will faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act 1993 or any other Act to the best of their ability and judgment.

Conflicts of Interest

A councillor who has a conflict of interest in any matter with which the council is concerned, and who is present at a meeting of the council when the matter is being considered, must disclose the interest and the nature of the interest to the meeting as soon as practicable. Both the disclosure and the nature of the interest must be recorded in the minutes of the Council meeting where the conflict of interest arises. Councillors should ensure that they are familiar with Parts 4 and 5 of the Code of Conduct in relation to their obligations to declare and manage conflicts of interests.

Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

National Anthem

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 1 March 2023.................................................................... 7

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Chief Executive Officer Reports

NIL

Planning & Compliance Reports

PLAN 01 Draft Rural Lands Strategy............................................................................. 53......... 1

PLAN 02 Liverpool Local Environmental Plan 2008 Amendment: 22 Box Road, Casula 58 2

PLAN 03 Kurrajong Road, Prestons - Staged Improvement Options........................... 67......... 3

PLAN 04 Display of Goods on Footpaths - Local Approvals Policy.............................. 74......... 4

Community & Lifestyle Reports

COM 01 Grants Donations and Community Sponsorship Report................................ 86......... 5

COM 02 Carnes Hill Recreation and Community Precinct Stage 2 - Update to Masterplan following successful WestInvest Aquatic and Leisure Centre Grant............ 93......... 6

Corporate Support Reports

CORP 01 Investment Report February 2023................................................................ 122......... 7

CORP 02 Electricity Easement Within Lot B DP 381267, Cirillo Reserve, 43 Hall Circuit, Middleton Grange......................................................................................... 132......... 8

Customer & Business Performance Reports

BUS 01 2023 Local Government Remuneration Review- Recategorisation of Liverpool 135 9

City Futures Reports

CFD 01 Response Report - Liverpool CBD 24-Hour Economy................................. 146....... 10

CFD 02 Review of the Flags and Banners Policy...................................................... 167....... 11

Operations Reports

OPER 01 City Presentation Parks Review................................................................... 178....... 12

OPER 02 Climate Change Policy and Liverpool Climate Action Plan......................... 181....... 13

Committee Reports

CTTE 01 Minutes of the Community Safety & Crime Prevention Advisory Committee meeting held on 1 December 2022.............................................................. 185....... 14

CTTE 02 Minutes of the Liverpool Youth Council meeting held 8 November 2022 and the Meeting Notes of the Liverpool Youth Council meeting held 13 December 2022 191 15

CTTE 03 Minutes of the Aboriginal Consultative Committee meeting held on 1 December 2022.............................................................................................................. 204....... 16

CTTE 04 Minutes of the Audit Risk and Improvement Committee meeting held 20 February 2023.............................................................................................................. 212....... 17

Questions with Notice

QWN 01 Question with Notice - Clr Harle - Consultants............................................. 222....... 18

QWN 02 Question with Notice - Clr Green - Cumberland Plain Woodland Protection and Preservation.................................................................................................. 224....... 19

QWN 03 Question with Notice - Clr Green - Heavy Vehicle Parking in LGA............. 227....... 20

QWN 04 Question with Notice - Clr Kaliyanda - NSW Government Core and Cluster Program: Building Refuges for Women and Children Escaping Domestic Violence 229 21

Presentations by Councillors

Notices of Motion

NIL

Council in Closed Session

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

CONF 01 Fire and Rescue NSW Referrals

Reason: Item CONF 01 is confidential pursuant to the provisions of s10A(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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MINUTES OF THE Ordinary Meeting

HELD ON 1 March 2023

PRESENT:

Mayor Ned Mannoun

Councillor Ammoun

Councillor Goodman

Councillor Green

Councillor Hadid

Councillor Harle

Councillor Kaliyanda (arrived at 2.17pm)

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 John Lac, Acting Director Infrastructure & Environment

Mr John Milicic, Manager Property, Economy and Commercial Development

Ms Jessica Saliba, Coordinator Governance

Mr Karl Adderley, Waste Project Officer

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

Mr Vishwa Nadan, Chief Financial Officer

Mr George Georgakis, Manager Council and Executive Services

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

The meeting commenced at 2.00pm

cast Statement

STATEMENT REGARDING WEBCASTING OF MEETING

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

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION

The prayer of the Council was read by Pastor Claudio Alosi from Living Grace Christian Church.

NATIONAL ANTHEM

The National Anthem was played at the meeting.

COUNCILLORS ATTENDING REMOTELY

Nil.

APOLOGIES

Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes

That Councillor Hagarty be noted as an apology for this meeting and that leave of absence be granted.

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

CONDOLENCES

Nil.

Confirmation of Minutes

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the minutes of the Ordinary Meeting held on 1 February 2023 be confirmed as a true record of that meeting.

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

Declarations of Interest

There were no declarations of interest with relation to the Council meeting however, Clr Ammoun wanted to declare that he has been nominated for the State seat of Liverpool on behalf of the Liberal Team in the upcoming State Election.

Therefore, as a result of this, and in accordance with clauses 4.1.9 and 4.1.10 of Council’s Civic Expenses and Facilities Policy (where a Councillor who is endorsed as a candidate for Federal or State election may choose to voluntarily take leave of absence and / or voluntarily donate their allowance during their candidacy), Clr Ammoun would like to donate this month’s Councillor allowance as follows:

$1,000 to AusRelief for the Turkey/Syria disaster;
$1,000 to the core community in Miller; and
the balance of his allowance to PCYC Miller.

Public Forum

Presentation – items not on agenda

Nil.

Representation – items on agenda

Nil.

MAYORAL MINUTE

ITEM NO:	MAYOR 01
SUBJECT:	Expressing Support for the Metro Liverpool to Bankstown Extension
REPORT OF:	Mayor Ned Mannoun
I would like to express our full support for the proposed Metro line connecting Liverpool to Bankstown. This is an exciting project that will bring significant benefits to our local community, including improved transportation options, reduced traffic congestion, and increased economic growth. The City of Liverpool welcomes the NSW Government's decision to progress this project, and we thank them for their commitment to improving public transport in our area. We recognise that this is a significant investment that will provide long-term benefits to our region. However, it is disappointing to see the Opposition's resistance to this project. We urge them to reconsider their position and support this vital infrastructure development. The proposed metro line will not only provide much-needed transportation solutions but also create new job opportunities and promote economic growth across the region. Therefore, I would like to write to the NSW Opposition leader to request that they change their position on this project and support the NSW Government's efforts to deliver better transport options for our community. Together, we can work towards building a more connected, sustainable, and prosperous region for all. RECOMMENDATION That Council: Write to the NSW Government to thank them for the $270 million dollar investment to complete the business cases for the Metro extension, connecting Liverpool to Bankstown. Write to the NSW Opposition Leader to request that they change their position on the Metro extension project. Notes that three additional stations at Austral, Kemps Creek and Rossmore could have been part of the Western Sydney Airport line to Parramatta. Continue to lobby the NSW Government and the Opposition for an express service from Liverpool to Bankstown (via Cabramatta) to be established on the remainder of the T3 line when the Metro opens in 2024. COUNCIL DECISION Motion: Moved: Mayor Mannoun That the recommendation be adopted. On being put to the meeting the motion was declared CARRIED. This item was recommitted later in the meeting in accordance with clause 17.14 of Council’s Code of Meeting Practice (Recommitting resolutions to correct an error) in order to amend point 3 of the recommendation. The full resolution with point 3 amended is shown below: COUNCIL DECISION Motion: Moved: Mayor Mannoun That Council: Write to the NSW Government to thank them for the $270 million dollar investment to complete the business cases for the Metro extension, connecting Liverpool to Bankstown. Write to the NSW Opposition Leader to request that they change their position on the Metro extension project. Supports the Parramatta to Western Sydney Airport line and notes that three additional stations could be part of that line running through the Liverpool LGA. Continue to lobby the NSW Government and the Opposition for an express service from Liverpool to Bankstown (via Cabramatta) to be established on the remainder of the T3 line when the Metro opens in 2024. On being put to the meeting the motion was declared CARRIED. Division Called: Vote for: Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Hadid, Clr Harle, Clr Macnaught and Clr Rhodes. Vote against: Clr Green, Clr Kaliyanda and Clr Karnib. Note:* Clrs Green, Kaliyanda and Karnib did not vote for or against the motion. Therefore, in accordance with Clause 11.4 of Council’s Code of Meeting Practice (as shown below), they are recorded as voting against the motion: “A councillor who is present at a meeting of the council but who fails to vote on a motion put to the meeting is taken to have voted against the motion.”

ITEM NO: CTTE 02

FILE NO: 029507.2023

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

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Kaliyanda

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.

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

MOTION OF URGENCY

ITEM no: URG 01

Subject: 84 Memorial Avenue, Liverpool

Clr Kaliyanda requested Mayor Mannoun accept a Motion of Urgency relating to 84 Memorial Avenue, Liverpool.

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

Background

Recently the Daily Telegraph reported that Canterbury Leagues Club would “bypass” Liverpool Council’s refusal of their rezoning application for 84 Memorial Ave, Liverpool.

In their rezoning review submission, the Canterbury Leagues Club called on the NSW Department of Planning to approve their proposed development of over 1000 new apartments and several high rise buildings.

Council refused their application at its March 2022 meeting because it was inappropriate. It was further refused by the Western Sydney Planning Panel (?).

This development would take much needed green space away from Liverpool residents. It only benefits the Canterbury Leagues Club, who have made no tangible investment in Liverpool in the years since the Oasis debacle.

This is despite the scale and speed of growth in the Liverpool area and the desperate need for new and/or upgraded sporting facilities required.

It is an outrage that this not only undermines the Woodward Masterplan, which Council has put a considerable amount of effort into, but that it also comes at a time when funding commitments to realise aspects of the Masterplan have been secured.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Ammoun

That Council write to the CEO and directors of Canterbury Leagues Club urging them to withdraw their rezoning review submission and work with the community to develop a proposal that is more fit for purpose with the needs of Liverpool and is consistent with the Woodward Park MasterPlan.

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

Division called:

Vote for: Clr Ammoun, Clr Green, Clr Hadid, Clr Harle, Clr Kaliyanda, Clr Karnib and Clr Macnaught.

Vote against: Mayor Mannoun*, Clr Goodman and Clr Rhodes

*Mayor Mannoun did not vote for or against the motion. Therefore, in accordance with Clause 11.4 of Council’s Code of Meeting Practice (as shown below), he is recorded as voting against the motion:

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

RECESS

Mayor Mannoun called a recess at 3.11pm.

RESUMPTION OF MEETING

Mayor Mannoun resumed the meeting at 3.31pm in Open Session with all Councillors present.

Questions with Notice

ITEM NO: QWN 01

FILE NO: 044184.2023

SUBJECT: Question with Notice - Clr Green - Implementation of New Public Interest Disclosures Act 2022

The new Public Interest Disclosures Act 2022 (PID) is a complete rewrite of the 1994 PID Act. The changes are intended to encourage and facilitate disclosures - in the public interest of wrongdoing in the public sector - which includes local government.

While the new PID Act 2022 is recognised as simpler to navigate, provide more comprehensive protections for witnesses and imposes a clear duty on authorities to take the appropriate steps to deal with received disclosures, the new PID Act introduces improved measures to encourage a ‘speak up culture’ within agencies.

The new PID Act 2022 comes into force 18 months after assent, that is October 2023.

Please address the following:

1. What steps is Council taking towards implementing the new Act?

2. Does Council have an implementation timeframe for the training of all staff in understanding their roles and responsibilities in reporting public interest disclosures under the new Act including the requirements of handling protected disclosures?

3. What measures does Council currently have in encouraging a ‘speak up culture’ and in what ways will this be enhanced in building and supporting staff confidence in reporting public interest disclosures?

4. Is there a timeframe in implementing new guidelines and Council policies?

Responses (provided by Corporate Services)

1. What steps is Council taking towards implementing the new Act?

The NSW Ombudsman oversees the operation of the Public Interest Disclosures Act (PID Act) across the NSW public sector.

Council’s Acting Internal Ombudsman and Acting Coordinator Governance have attended a number of training and information sessions conducted by ICAC and NSW Ombudsman in relation to the new PID Act. The training has provided insight into how the new Public Interest Disclosures Act 2022 (PID Act 2022) is different from the Public Interest Disclosures Act 1994 (PID Act 1994). This has helped us to understand Council’s obligations and what support is available from the NSW Ombudsman.

Council also subscribes to receive regular updates on the new legislation through the NSW Ombudsman e-newsletters.

In addition, Council has nominated to be on the pilot program coordinated by NSW Ombudsman to trial tools, resources, fact sheets, e-learning modules and training packages to ensure it is fit for purpose for Council.

Council will work within the timeframes and guidelines provided by the NSW Ombudsman.

Council has posters displayed at all worksites reminding staff to report corrupt conduct.

There are also alternating screen saver messages which remind staff to “speak up” when they see wrongdoing.

4. Is there a timeframe in implementing new guidelines and Council policies?

Council will work within the timeframes and guidelines provided by the NSW Ombudsman.

ITEM NO: QWN 02

FILE NO: 044196.2023

SUBJECT: Question with Notice - Clrs Green and Hagarty - Regular Maintenance Scheduling

The care of Council assets and environment are core aspects of Council functions and expectations of residents and ratepayers in providing quality services.

There are several ways residents and ratepayers might alert Council of maintenance issues in contacting Customer Services, posting the issue on Council pages on social media or making direct contact with Councillors.

One of the topics that has frequently been stated or discussed in this Council term is getting ‘back to basics’ in providing our residents, ratepayers and communities with timely services of a high standard.

To support Council in meeting community expectations, could Council advise:

1. How is regular maintenance of parks, hedges, roundabouts, dredging of drains, ponds and waterways scheduled?

2. How frequently is the schedule reviewed?

3. What particular challenges exist in meeting regular maintenance of our assets and environment?

Responses (provided by City Presentation)

1. How is regular maintenance of parks, hedges, roundabouts, dredging of drains, ponds and waterways scheduled?

- Parks are currently on a 3 week programmed schedule for all park maintenance.

- Hedges are only attended to when pedestrian and vehicle access is affected along identified pathways or roadways. Hedges at Liverpool Council facilities such as Childcares and Community Centres are assessed on the regular 3 weekly program.

- Roundabouts are on an 8-week programmed schedule for maintenance.

- Waterways, creeks, ponds we have no activities for cleaning.

- Gross Pollutant Traps x 200+ are cleaned quarterly by contractors.

- Street drains are generally reactive maintenance.

- Larger canals are generally on a quarterly program but we are working towards reducing the time gap.

- Smaller linear drains 6 monthly/reactive.

- Waterways and ponds are considered an asset and as such is not a maintenance issue but an asset renewal so there is no schedule.

2. How frequently is the schedule reviewed?

These schedules do not have an identified review in place.

3. What particular challenges exist in meeting regular maintenance of our assets and environment?

At present the most present challenge is resourcing.

- Suitably qualified and experienced staff to conduct the works are in high demand and recent recruitment has shown a noticeable drop in applicants for advertised positions.

- Specialised machinery is in high demand and with recent years pandemics limiting overseas production, a long waiting time exists in purchasing of the machinery required.

Combined with resourcing is the recent extreme weather events which has limited access to sites on a regular occurrence putting programs behind. With the limited access means that when access returns and programs can recommence the maintenance work can be extended in time due to the increased work involved.

ITEM NO: QWN 04

FILE NO: 045816.2023

SUBJECT: Question with Notice - Clr Green & Clr Kaliyanda - Prevalence of Food Insecurity

The problem of food insecurity in South West Sydney is recognised as growing concern associated with poor health outcomes. Research shows food insecurity affects physical, mental and emotional well-being of families and individuals (Foodbank 2016).

Food insecurity is defined as not being able to afford food, worrying about food running out, cutting out meal sizes, missing meals or going without meals to ensure children or other vulnerable members of the family are fed.

A local health survey found 13% of respondents experienced food insecurity in answer to the question ‘In the last 12 months, were there any times you ran out of food and could not afford to buy more?’ (South West Sydney: Our Health in 2019)

Can Council advise;

1. What does Council know about the prevalence of food insecurity in our LGA?

2. How does Council work with agencies involved in responding to and providing services to people in our community experiencing food insecurity?

3. What advocacy is Council currently engaged in concerning the growing problem of food insecurity in our community?

Responses (provided by Community and Culture)

1. What does Council know about the prevalence of food insecurity in our LGA?

Response: The significance of food insecurity across Liverpool is difficult to determine, however anecdotally, demand for free food and low-cost groceries in Liverpool is an ongoing concern, as reported by community organisations, charities, and religious groups.

Though demand for food hampers and low-cost groceries is not currently as high as it was during the height of the COVID-19 pandemic, general feedback from some local free food service providers that engage with Council suggests the demand for low-cost and free groceries is increasing due to the rising costs of living and their impact on household incomes, particularly in areas of low socioeconomic status.

2. How does Council work with agencies involved in responding to and providing services to people in our community experiencing food insecurity?

Response: Council regularly receives enquiries from charities and religious groups wanting to establish new free food services in Liverpool. Council’s Community Development and Planning team works closely with community organisations, charities and religious groups to ensure vital free food services are supported to meet community need and coordinate a balanced delivery of free food services across the Liverpool community. Food services are encouraged to support one another by way of sharing space and resources, and coordinating their efforts to ensure a constant delivery of service across various days, times and locations. This ensures that free food services are consistently available to the community and manages food and material waste (such as packaging, cutlery and other material items).

Council supports the coordination and delivery of the Liverpool Uniting Church Community Hub (LUCCH) and the Liverpool Loaves and Fishes Free Restaurant (managed by the Exodus Foundation) based in the Liverpool Uniting Church at Pirie Street. The restaurant provides a twice-daily meal service on-site, as well as offering take-away meals and material goods such as clothing.

The LUCCH provides a weekly outreach program where community members can access key services such as housing and income support, mental health and homelessness services on-site to help address the social issues that may be contributing to food insecurity in Liverpool.

Council provides a schedule of known Free Food Services to community members, which is available on Council’s website and is updated and shared regularly with Council’s community partners for distribution to their client cohort.

3. What advocacy is Council currently engaged in concerning the growing problem of food insecurity in our community?

Response: Council has previously engaged with state and federal government representatives and community organisations in round table discussions which aim to address food insecurity from a social and economic standpoint.

Further, Council is a convening partner of the Fairfield/Liverpool Homelessness Interagency (together with Fairfield City Council). This group meets regularly to discuss homelessness and related concerns, including food insecurity, and develops strategies and programs which work to address these issues. These strategies aim to raise awareness of homelessness, poverty and food insecurity in Liverpool and Fairfield through programs which acknowledge significant government and non-government community initiatives such as Anti-Poverty Week and Homelessness Week.

Council regularly engages with community organisations to support the delivery programs in targeted areas of the LGA, such as Miller and Warwick Farm, which work to address the social and economic issues that can contribute to food insecurity such as low employment and education and the related effects on household incomes and resources.

ITEM NO: NOM 02

FILE NO: 046091.2023

SUBJECT: Notice of Motion- Clr Rhodes - Online Confidentiality

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 online 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 (submitted by Clr Rhodes)

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.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Ammoun

That Council:

2. Upon receipt of the response from the Office of Local Government, Council investigate and report back to Council on possible procedures to improve the confidentiality assurances when holding Council Committee meetings containing confidential information online.

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

ITEM NO: NOM 03

FILE NO: 046112.2023

SUBJECT: Notice of Motion - Clr Rhodes - RV Park

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 (submitted by Clr Rhodes)

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.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Macnaught

That the recommendation be adopted.

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

ITEM NO: CONF 04

FILE NO: 047779.2023

SUBJECT: Liverpool Civic Place

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Harle

That Council:

Notes compliance with its resolution of 23 February 2022.

2. Endorses action taken to respond to findings of the Centium report.

3. Ratifies the entry into, and execution of, the funding agreements with Westpac and National Australia Bank respectively dated 24 June 2021 and 2 November 2021, notwithstanding the terms of any prior resolution of Council, including specifically the resolution of 16 December 2020.

4. Amends clause 4 of the resolution of Council dated 16 December 2020, nunc pro tunc, to read: “Delegate authority to the Mayor and CEO to complete, submit, and execute any required loan application documentation to secure borrowing from National Australia Bank and Westpac in such amounts as is necessary to finance Council’s budgeted project costs in relation to Liverpool Civic Place.”

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

CLOSED SESSION:

Motion: Moved: Clr Green Seconded Clr Macnaught

That CONF 05 move into Closed Session pursuant to Clause s10A(2)(C) of the Local Government Act 1993 because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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

The meeting then moved into Closed Session at 4.13pm.

NT BUSINE– CONF 05

ITEM NO: CONF 05

FILE NO: 061303.2023

SUBJECT: S7.11 Monetary Contribution Offset for Land Transfer under DA-263/2021

COUNCIL DECISION

Motion: Moved: Clr Goodman Seconded: Clr Rhodes

That:

The report be determined urgent (for reasons given in the report) and be dealt with at this meeting;

Council approves the amount to be offset against the monetary contribution payable under DA-263/2021 for the transfer of land for future road reserve on:

· The amount indicated in the Contribution Plan.

3. Council authorises its delegated officers to execute any documentation, under power of attorney, necessary to give effect to this decision;

4. Council 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 the council is conducting (or proposes to conduct) Business.

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

OPEN SESSION

Mayor Mannoun opened the meeting at 4.29pm and read the above motion that was resolved in Closed Session.

ONE MINUTE SILENCE

One minute silence was then observed for the victims of the Kahramanmaras earthquake in Turkey and Syria as resolved in Item No: NOM 01 - Victims of the Kahramanmaras earthquake in Turkey and Syria.

THE MEETING CLOSED AT 4.31pm.

Name: Ned Mannoun

Title: Mayor

Date: 29 March 2023

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 1 March 2023. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Ordinary Meeting

29 March 2023

Planning & Compliance Report

PLAN 01

Draft Rural Lands Strategy

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	391796.2022
Report By	Kweku Aikins - Senior Strategic Planner
Approved By	Lina Kakish - Acting Director Planning & Compliance

Executive Summary

Council has prepared the draft Liverpool Rural Lands Strategy (Attachment 1) as required by action 16.1 of the Local Strategic Planning Statement – Connected Liverpool 2040 (LSPS). This strategy predominantly applies to land west of Austral and aims to sustain the existing agriculture industry, protect natural landforms, and maintain rural lifestyles in the Liverpool Local Government Area (LGA).

It provides a review of the current planning and policy context applying to Liverpool’s rural and scenic lands and largely relies on findings derived from the Liverpool Rural Lands Study (Attachment 2) to inform the management and improvement of rural lands. A strategic vision has been described for each rural precinct, supported by actions and an implementation plan to guide the application of the Liverpool Rural Lands Strategy into planning policy.

The draft Liverpool Rural Lands Strategy identifies the need to review the Liverpool Local Environmental Plan 2008 (LEP) and Development Control Plan (DCP) provisions for rural land; protect biodiversity values; protect rural heritage; and manage transition to urban land. It is recommended that Council endorse the draft Liverpool Rural Lands Strategy for public exhibition.

RECOMMENDATION

That Council:

1. Endorse the Draft Liverpool Rural Lands Strategy for public exhibition for a minimum period of 60 days; and

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

REPORT

Background

In December 2019, Council endorsed the Local Strategic Planning Statement – Connected Liverpool 2040 (LSPS). The LSPS includes the following actions under Planning Priority 16 –Rural Lands are Protected and Enhanced:

1. Action 16.1: Develop Rural Lands Strategy and review LEP to ensure alignment.

2. Action 16.2: Investigate placemaking opportunities in Wallacia and Luddenham, including addressing transition of development controls from Liverpool LGA to Penrith LGA and Camden LGA.

In response to the above actions, SGS Economics and RM Consulting were engaged to prepare the Liverpool Rural Lands Study in April 2020 (Attachment 2). Amongst other things, the study aimed to understand the likely effects of the Western Sydney International (Nancy-Bird Walton) Airport project on local agricultural productivity. The key findings of the Rural Lands Study were:

· Liverpool’s most agriculturally productive land (Kemps Creek, Badgerys Creek and Rossmore) abuts the edge of the residential growth corridor coming from the east.

· Rural land to the west (Wallacia and Greendale) is less fragmented but also less agriculturally productive.

· The Western Sydney Aerotropolis Plan emphasises that the rural land around the Agribusiness precinct should be protected for its ongoing use for industry and agriculture into the future, with uses that complement the Agribusiness precinct and/or benefit from their proximity to the airport.

· The Liverpool Local Environmental Plan 2008 allows for greater residential intensification on RU1 and RU4 zoned land. In the context of preserving rural activities in the Western Rural Lands, and managing transition to Aerotropolis uses, this flexibility may lead to greater residential and agricultural land use conflicts, against the core purpose of those zones.

The above insights have been addressed in the draft Liverpool Rural Lands Strategy.

About the Strategy

The draft Liverpool Rural Lands Strategy (Attachment 1) guides the retention, improvement, rezoning and development of rural lands in the Liverpool LGA. The strategy considers a variety of state, metropolitan and local level policy such as the Sydney Region Plan - A Metropolis of Three Cites, Western City District Plan and Local Strategic Planning Statement – Connected Liverpool 2040. It also incorporates the findings of the Liverpool Rural Lands Study (2020) and its purpose is to:

· Provide a 20-year land use vision for the Liverpool LGA;

· Outline the characteristics of the rural precincts in the Liverpool LGA;

· Prioritise changes to planning rules in the Local Environmental Plan and Council’s Development Control Plan;

· Provide guidance for planning proposals;

· Implement the Region and District Plans as relevant to the rural lands in the Liverpool LGA; and

· Identify where further detailed strategic planning may be needed.

Over the coming decades, the LGA is expected to undergo significant land use change and population growth. Particularly, the suburbs of Edmondson Park, Leppington and Austral have been identified as growth areas, while Badgerys Creek, Luddenham, and parts of Bringelly have been rezoned to accommodate the future Western Sydney Aerotropolis. This level of development has had a major impact on agricultural productivity, as some landowners have had to consider the implications of farming their land, or selling to investors/developers. As a result, the strategy identifies the need for agricultural lands to be recognised for their economic productivity value, as well as their intrinsic and landscape values.

The following actions of the draft strategy are based on the key findings of the Liverpool Rural Lands Study and the Department of Industries’ guide for ‘Planning for Agriculture in Rural Land Use Strategies’:

· Action 1: Review existing Liverpool Local Environmental Plan (LEP) and Development Control Plan (DCP) provisions for rural land.

· Action 2: Encourage economic use of rural land.

· Action 3: Review environmental health provisions for rural land.

· Action 4: Ensure green and blue grid networks are supported.

· Action 5: Investigate appropriate land-uses in Cecil Park, including addressing transition of development controls from Liverpool LGA to Penrith LGA.

· Action 6: Protect rural heritage.

· Action 7: Identify the RU1 zone and Metropolitan Rural Area as ‘prime’ agricultural land.

· Action 8: Manage transition to urban land.

· Action 9: Increase resources dedicated to handling compliance matters in the rural areas.

· Action 10: Investigate placemaking opportunities in Wallacia and Luddenham, including addressing transition of development controls from Liverpool LGA to Penrith LGA and Camden LGA

Consultation

In preparing the draft Liverpool Rural Lands Strategy, consultation has been undertaken with Council’s Strategic Planning, City Design and Public Domain; Environment Management; Environmental Health; Waste Management, and Floodplain Management units. Further detailed consultation will be undertaken to inform a final strategy for Council endorsement.

Next Steps

The next step would be to publicly exhibit the draft strategy for 60 days. During this time, members of the public will be able to view the draft strategy and make any comments. Following the public exhibition process, a report will be presented to Council detailing the public submissions and any amendments made to the draft strategy if required.

Conclusion

The draft Liverpool Rural Lands Strategy has been drafted to be consistent with the findings of the Liverpool Rural Lands Study. To ensure the action and delivery plan meets the needs of users, it is appropriate for the community to have input through a public exhibition process.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	Facilitate economic development. Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	Manage the environmental health of waterways. Retain viable opportunities for local food production while managing land use to meet urban growth. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision-making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Draft Liverpool Rural Lands Strategy (Under separate cover)

2. Liverpool Rural Lands Study (2020) (Under separate cover)

Ordinary Meeting

29 March 2023

Planning & Compliance Report

PLAN 02

Liverpool Local Environmental Plan 2008 Amendment: 22 Box Road, Casula

Strategic Objective	Evolving, Prosperous, Innovative Implement planning controls and best practice urban design to create high-quality, inclusive urban environments
File Ref	029731.2023
Report By	Brianna Van Zyl - Strategic Planner
Approved By	Lina Kakish - Acting Director Planning & Compliance

Executive Summary

At its Ordinary Meeting of Council on 31 August 2022, Council resolved:

“That Council:

1. “Proceed with an amendment to Liverpool LEP 2008 to seek a rezoning for the property at Box Road, Casula (Lot 1103 DP 1051233) to R2 Low Density Residential and reclassification of the site to “operational’ land for potential future sale with the proceeds from any future sale to be allocated for the embellishment of Jardine Park.

2. If a rezoning and reclassification process are approved as part of an amendment to the LEP, that a future report be presented to Council recommending methods of sale and establishing a reserve / minimum price for the property, prior to proceeding with any sale”

A Council initiated planning proposal (Attachment 1) has been prepared to amend the Liverpool Local Environmental Plan 2008 (LLEP 2008) at 22 Box Road, Casula (Lot 1103 DP 1051233). The amendment involves the rezoning of the Council owned site, locally known as Mimosa Park, from RE1 Public Recreation to R2 Low Density Residential, and reclassification from Community to Operational land. Development standards will be applied in accordance with adjacent R2 Low Density Residential land. A Height of Building of 8.5m, Floor Space Ratio of 0.6:1, and a minimum Lot Size of 300m².

The subject site is a vacant block of land approximately 565m² in size, sloping approximately 4m from the Box Road Street frontage to the west of the site and has a gradient of close to 1:10. Council has previously investigated options to further embellish the reserve as a local park. However, technical studies identified a number of concerns pertaining to public safety and the viability of such an endeavour.

On 28 November 2022, the Liverpool Local Planning Panel (LPP) considered the proposal as detailed in the LPP Report (Attachment 2). The LPP unanimously agreed that the proposal demonstrated strategic and site-specific merit and should progress to the Department of Planning and Environment (DPE) for a Gateway determination (Attachment 3).

It is recommended that Council endorse the planning proposal report and forwards the proposal to the DPE seeking a Gateway determination.

RECOMMENDATION

That Council:

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

2. Endorses the planning proposal for 22 Box Road, Casula to amend the Land Use Zone, Floor Space Ratio, Lot Size and Height of Building development standards in the Liverpool Local Environmental Plan 2008.

3. Forwards the planning proposal to Department of Planning and Environment, pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway Determination.

4. Reclassify 22 Box Road Casula from Community to Operational Land as per the requirements in the Environmental Planning and Assessment Act 1979, and Local Government Act 1993.

5. Subject to Gateway Determination, undertake community consultation in accordance with the conditions of the Gateway determination, the Liverpool Community Participation Plan 2022 and the Local Government Act 1993.

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

REPORT

Background

At its Ordinary Meeting of Council on 27 October 2020, Council considered a report on the subject site, being Mimosa Park, 22 Box Road, Casula (Lot 1103 DP 1051233) and resolved to endorse Option 1 of the following two options:

· Option 1: Mimosa Park to be kept as a local park and embellished.

· Option 2: Reclassify, rezone, and dispose of Mimosa Park.

Following this, a feasibility study, environmental testing, and a conceptual development design was undertaken (Attachment 4). The studies identified several risks in the site’s embellishment as a park, including the site's topography, public safety, accessibility, fall heights and maintainability.

Subsequently, at its meeting on 31 August 2022, Council resolved the following (COM01):

“That Council:

2. That if a rezoning and reclassification process are approved as part of an amendment to the LEP, that a future report be presented to Council recommending methods of sale and establishing a reserve / minimum price for the property, prior to proceeding with any sale”

A draft planning proposal report was drafted (Attachment 1) and reported to the Local Planning Panel on 28 November 2022. The details of the planning proposal and the local planning panel advice are outlined within this report.

Site Description and Locality

The subject planning proposal relates to 22 Box Road, Casula (Lot 1103 DP1051233) (see Figure 1 below). The site is a vacant block of land owned by Council and is locally known as Mimosa Park. The site is approximately 565m² in size.

The site was dedicated as a public reserve on 14 April 2003. Council records indicate the land was dedicated in lieu of developer contributions, where the developer was credited $102,037 for the site. This was based on the book values from the Liverpool Contribution Plan 2001 (December 2001 version).

The site is currently zoned RE1 Public Recreation under the Liverpool Local Environmental Plan (LLEP 2008), no development standards apply and it is classified as ‘Community Land’. The site is constrained and has limited functionality due to access, gradients, safety and the adjoining residential dwellings.

The site is currently constrained by access, as the existing section of Box Road at the site’s eastern frontage is closed to vehicles and only allows for walking and cycling. The intent of this was to ensure the road was not used as a bypass road from the Hume Highway to Casula Town Centre. The subject proposal was referred to Council’s Traffic Management team, who stated vehicular access to the site could be extended if the extension included traffic calming devices, and continues to permit walking and cycling. This will be investigated in further detail upon finalisation of the planning proposal.

Figure 1: Subject site at 22 Box Road, Casula (Source: Near map).

The site is approximately 1km from Casula Town Centre, containing a library, recreation facilities and shops including Coles, Aldi, and Kmart. The site is also located within 280m of the District Park, Peter Miller Reserve which is currently well-used by the community, and Jardine Park Casula, located approximately 1.5km northeast. The locality is shown in Figure 2 below.

Map

Description automatically generated

Figure 2: The locality surrounding the subject site (Source: Geocortex).

The surrounding development is low-density residential, with the streetscape characterised by detached 2 storey dwellings. Residential land to the north, south and west is zoned R2 Low Density Residential, and land to the east is zoned R3 Medium Density Residential which is predominantly characterised by low-density development, with a small number of multi-dwelling developments.

Planning Proposal Summary

As 22 Box Road, Casula is deemed to be too constrained for its use as a quality public park, the intent of the planning proposal is to facilitate the sites sale and future development as a single dwelling within an existing low-density residential area. This involves the reclassification from Community Land to Operational Land and rezoning from RE1 Public Recreation to R2 Low Density Residential.

The planning proposal specifies the following development standards under LLEP 2008: a maximum Floor Space Ratio of 0.6:1, maximum Height of Building of 8.5m and a minimum Lot Size of 300m², commensurate with the adjoining land. This will facilitate the future development of a single dwelling house.

In relation to the reclassification of the land from Community to Operational, the requirements under Cl.29 of the Local Government Act 1993 require a public forum to be held. This will occur during the legislated community consultation, after a Gateway determination has been received.

Upon finalisation of the planning proposal, the site will be listed for sale. Funding from the sale of the site will be allocated to the embellishment of Jardine Park in Casula, as per Council’s resolution on 31 August 2022.

The Council initiated planning proposal report is contained within Attachment 1 of this report.

Consideration of Strategic Merit

The proposed amendment is considered the best outcome for the site and the community. The site is currently under-utilised, and the risk analysis identified several safety risks if the site was to be embellished as a local park. Thus, the rezoning will generate additional funds to embellish Jardine Park and subsequently increase its functionality.

The proposal is considered consistent with the relevant Ministerial Directions and State Environmental Planning Policies, and thus to have strategic merit. A detailed assessment of the criteria is included in the planning proposal report (Attachment 1).

Consideration of Site-Specific Merit

The subject site is constrained in regard to access, visibility and level changes which makes it unsuitable for public open space. Given the surrounding context, the site is considered more appropriate for a low-density residential development. It is therefore considered to have site specific merit.

Ministerial direction ‘4.4 Remediation Contaminated land’ requires consideration where residential development is to occur. Council has considered contamination risks as outlined in the planning proposal, due the nature of potential illegal dumping on a vacant site. A soil contamination assessment was conducted in July 2021. The report was conducted by Environmental Earth Science and included a soil classification assessment (Attachment 5). The objective of the assessment was to evaluate the site suitability for recreational open space use. The findings of the assessment are summarised below:

· A surface inspection of the site identified domestic rubbish and minor building rubble along the western boundary well. No other signs of contamination were evident at the sites surface;

· Ten test pits were excavated to a maximum depth of 1.8m below ground level;

· No friable asbestos, asbestos fibres were identified; and

· No other contaminated were reported.

The site is considered highly unlikely to be contaminated. While investigations will be ongoing, the proposal is considered to be consistent with this direction.

Local Planning Panel Advice

The planning proposal was referred to the Liverpool Local Planning Panel (LPP) on 28 November 2022 for advice as required by the ‘Local Planning Panel Directions – Planning Proposals’. The full advice of the LPP is included in Attachment 3 and summarised below.

The LPP unanimously agreed (4-0) with Council’s assessment, that the planning proposal had sufficient strategic and site-specific merit to progress to the next stages of the planning proposal process.

The LPP noted Council officers should give careful consideration to any public submissions received on the proposal after the public exhibition period, which will occur after a Gateway determination is received. Adjoining neighbours will be notified during community exhibition period, in accordance with the Liverpool Community Participation Plan 2022.

The LPP noted requirements to be addressed within Cl.32 of the Local Government Act 1993 (LG Act 1993) for reclassification of Community Land which had been dedicated under section 94 of the Environment Planning and Assessment Act 1979. This comment has been addressed in detail below.

Local Government Act 1993

Under Cl.27 of the LG Act 1993, there are two methods to classify or reclassify land. One being through the making of a local environmental plan (i.e., planning proposal) or secondly, by resolution of Council under Cl.31, 32 or 33 of the LG Act 1993.

The reclassification of the subject site is occurring through the making of a local environmental plan (i.e. planning proposal), as per Cl.27(1) of the LG Act 1993. A public hearing will be required as per Cl.29 of the LG Act 1993. This will occur during the public exhibition period after a Gateway determination has been received.

In addition to above, Cl.32(5) of the LG Act 1993 requires “the net proceeds of sale by a council of any land dedicated in accordance with a condition imposed under section 94 of the Environmental Planning and Assessment Act 1979 must be dealt with under that section as if those net proceeds were a monetary contribution paid instead of the dedication.”

As the land was dedicated as a public reserve in lieu of Developer Contributions, the proceeds of sale are to be dealt with as if they are monetary contribution paid instead of a dedication. In short, this means the money generated by the sale of this land has to be dealt with as if it were developer contributions received as part of the Development Application.

The subject Council resolution from 31 August 2022, states the proceeds from any future sale will be allocated to the embellishment of Jardine Park. This satisfies the requirements under Cl.32(5) of LG Act 1993.

Next Steps

If Council adopts the recommendations of this report, the planning proposal will be forwarded to DPE seeking a Gateway determination.

Pending a positive Gateway determination, community consultation will occur as per the conditions outlined in the Gateway determination, Council’s Community Participation Plan 2022 and the LG Act 1993. Once complete, a post-exhibition report will be considered by Council.

FINANCIAL IMPLICATIONS

Costs associated with a Planning Proposal are within Council’s current budget for Strategic Planning.

As per Councils resolution on 31 August 2022, upon finalisation of the Planning Proposal, a further report will be presented to Council recommending methods of sale and establishing a reserve / minimum price for the property, noting proceeds from the sale are required to be allocated to Jardine Park, Casula.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	Creating quality open space for the local community.
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 3.4 of Environmental Planning and Assessment Act 1979 applies to making of environmental planning instruments. Section 27(1) of Local Government Act 1993 allows reclassification of the site by a planning proposal. Section 29(1) of the Local Government Act 1993 requires a Public Hearing, which will occur during the future exhibition period. Section 32(5) of the Local Government Act 1993 requires the net proceeds of any land dedicated under section 7.11 (formally section 94) of the EP&A Act 1979 to be dealt with as if those proceeds were a monetary contribution paid instead of dedication.
Risk	The risk is deemed to be low.

ATTACHMENTS

1. Attachment 1: Council prepared Planning Proposal report: 22 Box Road (Mimosa Park) (Under separate cover)

2. Attachment 2: Local Planning Panel Report 22 Box Road (Mimosa Park) (Under separate cover)

3. Attachment 3: Local Planning Panel Minutes: 22 Box Road Casula (Mimosa Park) (Under separate cover)

4. Attachment 4: Safety Design Report: 22 Box Road, Casula (Mimosa Park) (Under separate cover)

5. Attachment 5: Soil Contamination Report: 22 Box Road (Under separate cover)

Ordinary Meeting

29 March 2023

Planning & Compliance Report

PLAN 03

Kurrajong Road, Prestons - Staged Improvement Options

Strategic Objective	Evolving, Prosperous, Innovative Continue to invest in improving and maintaining Liverpool’s road networks and infrastructure
File Ref	035652.2023
Report By	Charles Wiafe - Manager Transport Management
Approved By	Lina Kakish - Acting Director Planning & Compliance

Executive Summary

At its Ordinary Meeting on 27 April 2022, Council considered a report on Kurrajong Road Upgrade staged improvement works and resolved as follows:

That Council:

1. Notes the staged improvement solutions as indicated in this report.

2. Receives an updated report, following confirmation of funding, on the design and delivery of the two proposed short-term improvement works.

3. Notes the ongoing work necessary to identify funding sources for the medium and long-term improvements, including Federal and State government grants and potential amendments to Local Infrastructure Contributions Plans; and

4. Hold a briefing for Councillors on the medium- and long-term works.

The proposed short-term improvement works to be delivered in the next 2-3 years are:

· Kurrajong Road/Lyn Parade/Beech Road Intersection Upgrade

· Kurrajong Road and Mowbray Street intersection Upgrade.

Council has sought and received $4.49 million grant funding, which is approximately 85% of the required funding, towards delivery of the two proposed short-term improvement works estimated at a total cost of $5.30 million.

This report provides information on the funding allocations, status of design investigations and project delivery timeframes of the two projects.

· Kurrajong Road/Lyn Parade/Beech Road Intersection Upgrade

Following project nominations, Council has been allocated a total grant funding of $4.05 million made up of $3.8 million from the Federal Government under the Western Sydney Infrastructure (WSIP) Local Roads Package Round 4 and $250,000 under the Government’s Blackspot Road Safety Improvement Program, for the intersection upgrade.

The project involves replacement of the existing roundabout with a signalised intersection, with associated road widening of the approaches along Kurrajong Road to provide four lanes of approximately 100m in each direction, signalised pedestrian crossings; and shared footpath, to increase road capacity, safe pedestrian facilities and improve traffic flow and road safety.

Transport for NSW (TfNSW) is administering the funding program on behalf of the Federal Government and expects Council to nominate a Project Interface Coordinator, engage consultant and contractors to deliver the project, submit monthly invoices and ensure that the project is completed by June 2024 or as otherwise agreed. A design is underway.

· Kurrajong Road and Mowbray Street intersection Upgrade

Following project nomination, Council has been allocated grant funding of $440,000 under the Federal Government’s Blackspot Road Safety Improvement Program for the intersection upgrade.

Kurrajong Road and Mowbray Street intersection is an existing “T” intersection with Mowbray Street as the terminating street and traffic movements out of Mowbray Street required to give way to traffic along Kurrajong Road.

The project involves installation of a new traffic signals at the existing “T” intersection with Give Way priority control, including localised road widening along the Kurrajong Road approaches to provide a dedicated right turn bay and two lanes in each direction along Kurrajong Road.

The funding program requires the project to be delivered by June 2024 or as otherwise agreed. A design is underway.

Project Benefits

The above-mentioned intersections have developed crash histories of three crashes in the last five years which meet the federal road safety improvement program for safety treatments. The intersections also experience traffic delays during the morning and afternoon peak periods.

The intersection upgrades will increase road capacity, reduce traffic congestion and improve road safety. The improvements will address community concerns to improve road safety at the intersections.

Funding Allocation

The funding allocation for the Kurrajong Road/Lyn Parade/Beech Road intersection Upgrade will cover the full cost of the upgrade and Council’s contribution is not required.

The funding allocation for the Kurrajong Road and Mowbray Street intersection upgrade is for part funding, as the funding allocation is to treat the intersection with the most cost-effective arrangement to improve road safety.

The intersection upgrade is estimated to cost around $1,400,000. The intersection upgrade is listed in Council’s Developer Contributions Plan for a roundabout to be installed at a cost of $240,000. Due to increased traffic flows along Kurrajong Road and limited road reservation, a roundabout is not an appropriate intersection improvement, hence the need for traffic signals. The developer contributions money can be used towards the traffic signals as they replace the round-about envisaged under the plan.

In addition to the grant funding and available developer contribution, Council’s contribution of approximately $720,000 is required to fund the intersection upgrade.

RECOMMENDATION

That Council:

1. Notes funding has been secured for the identified short-term Kurrajong Road/Lyn Parade/Beech Road intersection upgrade.

2. Notes funding has been secured for Kurrajong Road/Mowbray Street intersection upgrade (including an allocation of approximately $720,000 from Council’s general revenue).

REPORT

Background

At its Ordinary Meeting on 27 April 2022, Council considered a report on Kurrajong Road Upgrade staged improvement works and resolved among others as indicated above, to receive an updated report, following confirmation of funding, on the design and delivery of the two proposed short-term improvement works.

The proposed short-term improvement works to be delivered in the next 2-3 years are:

· Kurrajong Road/Lyn Parade/Beech Road Intersection Upgrade

· Kurrajong Road and Mowbray Street intersection Upgrade

This report provides information on the funding allocations, status of design investigations and project delivery timeframes of the two projects.

· Kurrajong Road/Lyn Parade/Beech Road Intersection Upgrade

The project involves replacement of an existing roundabout at the intersection, with a signalised intersection, and associated road widening of the approaches along Kurrajong Road to provide two lanes in each direction, installation of signalised pedestrian crossings and shared paths, to increase road capacity, provide safe pedestrian facilities and improve road safety.

Transport for NSW (TfNSW) is administering the funding program on behalf of the Federal Government and expects Council to nominate a Project Interface Coordinator (Transport Management Manager), engage consultants and contractors to deliver the project, submit monthly invoices and ensure that the project is completed by June 2024 or as otherwise agreed.

A concept design of the intersection upgrade has been completed. TfNSW has endorsed the concept design and associated traffic control signals. A detailed design, including utility relocations is underway and scheduled to be completed by April/May 2023.

Review of Environmental Factors and environmental approvals are scheduled to be completed in May 2023 for procurement, and for construction to commence in July/August 2023. The project could be completed in June 2024, or as alternatively agreed with TfNSW.

· Kurrajong Road and Mowbray Street intersection Upgrade

In addition, following project nomination, Council has been allocated a grant funding of $440,000 under the Federal Government’s Blackspot Road Safety Improvement Program for the intersection upgrade.

The Kurrajong Road and Mowbray Street intersection is an existing “T” intersection with Mowbray Street as the terminating street and traffic movements out of Mowbray Street required to give way to traffic along Kurrajong Road.

The project involves the installation of new traffic signals at the existing “T” intersection with Give Way priority control, including localised road widening along the Kurrajong Road approaches to provide a dedicated right turn bay, for turning movements into Mowbray Street and two lanes in each direction along Kurrajong Road.

TfNSW is administering the funding program on behalf of the Federal Government and expects Council to complete the project by June 2024.

A concept design of the intersection upgrade has been completed. The design has been submitted to Transport for NSW for review and endorsement. A detailed design, including utility relocations is underway and scheduled to be completed by May/June 2023.

Review of Environmental Factors and approvals are scheduled to be completed in June/July 2023 for procurement, with construction to commence in September 2023 and a project completion in June 2024.

Project Approvals

Following completion of the designs, the designs will be presented to the Liverpool Local Traffic Committee for its support and subsequently to Council for approval.

Project Benefits

The above-mentioned intersections have developed crash histories of three crashes in the last five years, which meets the federal road safety improvement program for safety treatments. In addition, the two intersections experienced traffic delays during the morning and afternoon peak periods.

The staged improvement options will increase road capacity, reduce traffic congestion and improve road safety. The improvements will address community concerns to improve road safety at the intersections.

Funding Allocation

The upgrade of the Kurrajong Road/Lyn Parade/Beech Road roundabout to a signalised intersection is fully funded and Council’s contribution is not required.

Funding allocation for the Kurrajong Road and Mowbray Street intersection upgrade is for part funding as the funding allocation is to treat the intersection with the most cost-effective arrangement to improve road safety. The intersection upgrade requires Council’s part funding to carry out the required localised road widening as part of the intersection upgrade.

The intersection upgrade is estimated to cost around $1,400,000. The intersection upgrade is listed in Council’s Developer Contributions Plan for a roundabout to be installed at a cost of $240,000.

However, due to increased traffic flows along Kurrajong Road and limited road reservation, a roundabout is not an appropriate intersection improvement, hence the need for traffic signals. In addition to the $440,000 grant funding and available developer contribution, Council’s contribution of approximately $720,000 is required to fund the intersection upgrade. This contribution will be reallocated from Council’s repair program for next financial year in the local area.

Medium and Long-Term Improvement Works

As outlined in the previous report, the medium- and long-term improvement works include the following:

Medium term improvements:

· Road widening between Lyn Parade/Beech Road and Cedar Road.

· Ban right turn movements into the Market Place Shopping Centre and increase the capacity of the right turn lanes from Kurrajong Road into Cowpasture Road as part of redevelopment of the shopping centre.

· Signalise existing pedestrian refuge across the section of Kurrajong Road between the shopping centre and Michael Clarke Recreation Centre.

· Reconfiguration to provide two lanes on the section of Kurrajong Road from the M7 Motorway past the front of Amity College and install a signalised pedestrian crossing.

Long term Improvements:

· Pedestrian bridge across the Cowpasture Road near its intersection with Kurrajong Road.

Design investigations will be carried out to prepare strategic concept designs and cost estimates for the medium- and long-term improvement works. In the next 2 years, funding submissions will be made to the State and Federal Governments where possible, and/or the improvements works to be included in the established areas developer contribution plan for project delivery over the next 5 to 10 years.

FINANCIAL IMPLICATIONS

As indicated above, Council’s contribution of approximately $720,000 is required to fund Kurrajong Road and Mowbray Street intersection upgrade. This contribution will be reallocated from its repair program for next financial year in the local area.

CONSIDERATIONS

Economic	Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues.
Environment	Support the delivery of a range of transport options.
Social	There are no social and cultural considerations.
Civic Leadership	Actively advocate for federal and state government support, funding and services.
Legislative	Local Government Act 1979 Roads Act 1993, Council is responsible to provide and maintain safe and efficient local road network.
Risk	The risk is considered within Council’s risk appetite.

ATTACHMENTS

Nil

Ordinary Meeting

29 March 2023

Planning & Compliance Report

PLAN 04

Display of Goods on Footpaths - Local Approvals Policy

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	053193.2023
Report By	Nada Mardini - Manager Community Standards
Approved By	Lina Kakish - Acting Director Planning & Compliance

Executive Summary

To actively support local businesses, Council has prepared a Display of Goods on Footpaths Local Approvals Policy. The policy sets the requirements that must be complied with when placing goods on the footpath to ensure the shared use of the public space is balanced and safe.

RECOMMENDATION

That Council endorse the draft ‘Display of Goods on Footpaths Local Approvals Policy’ for public exhibition for a period of not less than 28 days (Attachment 1).

REPORT

To encourage and support local businesses by displaying goods on footpath, Council has prepared a draft Local Approvals Policy (Attachment 1). The policy sets out the requirements for placement of goods on footpaths so as not to unduly obstruct pedestrian safety, encourage the fair and equitable use of Council footpaths by all members of the community and ensure that all display areas are visually acceptable. In summary, the following requirements are proposed:

· Minimum 2 metres clear and an unobstructed pedestrian corridor;

· Goods to be displayed abutting the shopfront;

· The display to be no more than 0.6 metres deep, no less than 0.5 metres high and no

more than 1.2 metres high;

· Only goods sold in the shop are to be displayed; and

· Furniture, white goods and perishable foods are not permitted.

There is no application process required provided the criteria and conditions set under the policy are complied with, making it easy for businesses to display goods and for Council Officers to ensure compliance.

A display is not permitted if it does not comply with the above criteria as set out in the Policy.

Under Part 3 of Chapter 7 of the Local Government Act 1993, the Council must give public notice of a draft local policy after it is prepared. As such, the draft Display of Goods on Footpath Local Approvals Policy will be placed on public exhibition for 28 days, if endorsed by Council. This will enable the public to make submissions and understand the requirements of the proposed policy.

After the exhibition period and consideration of any submissions, the policy will brought back to Council for consideration and adoption.

Internal Consultation

The draft policy was referred to the following departments for review and comment:

· Legal Services

· Governance

· Transport Management

· Safety & Insurance Department for comment.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation, as the tenants will not be charged for using the footpath for the display of goods.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	Facilitate a visually acceptable and safe environment.
Social	Promote community harmony. Support access and services for people with a disability.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government Act 1993. Roads Act 1993.
Risk	The risk is deemed to be Low. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Draft Display of Goods on Footpaths Local Approvals Policy

Ordinary Meeting

29 March 2023

Community & Lifestyle Report

COM 01

Grants Donations and Community Sponsorship Report

Strategic Objective	Healthy, Inclusive, Engaging Promote a harmonious community that celebrates its diversity
File Ref	059121.2023
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Director Community & Lifestyle

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 $30,050 from Community Grant Program and the Matching Grant Program.

RECOMMENDATION

That Council:

1. Endorses the funding recommendation of $5000 GST exclusive) under the Community Grant Program for the following project;

Applicant

Project

Recommended

Australian Sickle Cell Advocacy Incorporated

World Sickle Cell Day Awareness Activities

$5000

2. Endorses the funding recommendation of $25,050 GST exclusive) under the Matching Grant Program for the following project;

Applicant	Project	Recommended
Sumer Association for Culture and Arts Incorporated	Sound of Terra 2023	$14,050
Preston Hornets Cricket Club	Scott Park cricket pitch	$11,000

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 Sickle Cell Advocacy Incorporated
Project	World Sickle Cell Day Awareness Activities in Liverpool LGA
Amount Requested	$5,000	Total Project Cost	$6,411
Location	Liverpool LGA	Date	June 2023
About the Applicant	Australian Sickle Cell Advocacy Inc (ASCA) is a not-for-profit organisation supporting people living with sickle cell disease (SCD) in Australia. Established in 2014, ASCA aim to raise awareness of this condition that is considered a rare disease in Australia, identify services that will benefit affected people, ensure that universal SCD screening is available in Australia and ensure that all healthcare workers are aware of the disease, amongst others.
Description	Objective To celebrate SCD warriors on the annual internationally recognised World Sickle Cell Day on 19 June 2023, ASCA aims to raise awareness on SCD by organising an information dinner for SCD community in Liverpool LGA and beyond. Funding will be used to deliver an inclusive program with informative sessions covering newborn screening, blood donation, mental health and caring for a person with SCD. Resource packs and books will be given to attendees and the SCD community in local hospitals. Outcomes · Encourage families to seek early intervention and support plans through services for individuals with SCD; · Improve access to SCD resources for high-risk CALD communities, migrant and refugee families with SCD or caring for an individual with SCD; and · Promote inclusivity by enabling families to build connections within the SCD community.
Beneficiaries	SCD Community, CALD Community and Health Organisations.
Assessment	Recommended for Funding - $5000 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 Community Grant Program Outcomes 7.4.1 a) b) and d).

Matching Grants Program

The Matching Grant Program received two applications which met the eligibility criteria and are recommended for funding as follows:

Applicant	Sumer Association for Culture and Arts Incorporated
Project	Sound of Terra 2023
Amount Requested	$14,050	Total Project Cost	$28,100
Location	Casula Powerhouse Arts Centre (CPAC)	Date	June 2023
About the Applicant	Sumer Association for Culture and Arts (SACA) is a well-established multicultural organisation that introduces and promotes the music and art of CALD communities to mainstream Australia. Over the years, SACA delivered a range of cultural activities including book fairs, cultural theatre and drama programs, and musical events. In recognition of Liverpool’s rich multicultural community, this year SACA envisions to bring its annual renowned musical festival ‘Sounds of Terra’ to the Liverpool LGA.
Description	Objective The Sound of Terra 2023 is a multicultural music event showcasing collective community strength with musical performances from Indigenous Aboriginal, Iraqi, Chinese, African, Moroccan, and Samoan communities. The Sound of Terra program aims to: · Provide a platform for amateur bands to perform at a concert, build confidence and celebrate musical individuality; · Produce a playlist that is accessible post event showcasing the diversity of the performances beyond the single event; and · Deliver free professional workshops to amateur bands that develop skills and build their capacity to organise events. Outcomes: · Increased recognition and promotion of amateur bands strengthening a sense of belonging; · Increased community activity and participation of residents celebrating local events; and · Increased opportunities for community members to acquire or develop new skills and/or employment.
Beneficiaries	CALD Communities and Liverpool LGA residents.
Assessment	Recommended for Funding - $11,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible. Expected Matching Grant Program Outcomes 7.6.2 a),b),c),d),e), f) and g).

Applicant	Preston Hornets Cricket Club
Project	Scott Memorial Park Cricket Pitch Upgrade
Amount Requested	$11,000	Total Project Cost	$22,000
Location	Scott Memorial Park, Austral 2179	Date	May 2023
About the Applicant	Prestons Hornets Cricket Club (PHCC) has been one of the largest sporting organisations in the Liverpool LGA for over 50 years. The club displays a strong passion for developing junior cricket players while maintaining sportsmanship and integrity. PHCC takes pride in its distinct membership with 22 junior teams and 11 senior teams comprising of male and female players from diverse backgrounds. PHCC is seeking funding for upgrades at Scott Memorial Park, a Council owned sporting field located in Austral.
Description	Objective PHCC caters to over 200 members utilising the sporting field at Scott Memorial Park in Austal. Funding will be used to evenly resurface the existing synthetic cricket pitch and overcome water retention due to wet weather. The pitch upgrade 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 pitch and stump resurfacing with enhanced absorption. Outcomes: · Improve community infrastructure and beautification of sporting fields through cricket pitch surface upgrades; and · Providing greater access to sporting groups and experience social and physical wellbeing.
Beneficiaries	Sports players, sporting community and local residents/visitors.
Assessment	Recommended for Funding - $11,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible. Expected Matching Grant Program Outcomes 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	$40,000	Nil	$40,000
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$102,000	$63,419	$5,000	$58,419
MATCHING GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$200,000	$131,500	$25,050	$106,450
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report	Remaining
$75,000	$56,997.4	Nil	$56,997.40
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding in this report	Remaining
$477,000	$291,916.40	$30,050	$261,866.40

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

29 March 2023

Community & Lifestyle Report

COM 02

Carnes Hill Recreation and Community Precinct Stage 2 - Update to Masterplan following successful WestInvest Aquatic and Leisure Centre Grant.

Strategic Direction	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	084226.2023
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

In November 2018, Council resolved to investigate a suitable use for the site known as Carnes Hill Recreation Precinct Stage 2 (CHRPS2). Subsequently in July 2019, Council considered an Options Report and resolved to further investigate the proposed options through a Masterplan process. In November 2020, Council endorsed the CHRPS2 Masterplan. A subsequent review of the masterplan began in 2022 following the endorsement of Council to proceed with a DA approval for the provision of a pool in Carnes Hill as part of Councils overall Aquatic Strategy and 100 day plan considerations.

Within this period Council nominated the CHRPS2 to WestInvest funding. At the time of the application, the 2022 revised Masterplan was not finalised, therefore the application was prepared based on the Council adopted Masterplan of 2020. Concurrently a spatial reframing of the site to consider the overall aquatic provision and other sporting considerations was endorsed by Council in December 2022.

As part of the review presented to Council in December 2022, a preliminary investigation into capitalisation opportunities in Stage 1 and 2 site was conducted, should Council’s grant application for WestInvest be unsuccessful. This due diligence investigation identified opportunities for commercial opportunities to rationalise and repurpose spaces in existing building to generate revenue to neutralise operational cost into the future. Other sporting considerations were included in the spatial framing, including a regional level gymnastics facility and synthetic sports fields to maximize activation of the precinct and support financial sustainability.

In February 2023, Council was advised of the successful WestInvest applications totalling $53.4 million to deliver the Carnes Hill Aquatic and Leisure Centre project, which includes a 50m pool. To support the WestInvest strict delivery timeframe and criteria, Council officers have now been investigating design options for provision of flexible aquatic facilities, to deliver the 50m pool within the adopted landscape design of 2022 Masterplan, and in line with the WestInvest funded obligations.

This report is presented seeking Council’s endorsement to proceed with planning and construction of the aquatic facilities funded by WestInvest, the notable change being the inclusion of a 50m pool rather than a 25m pool.

To support the overall Precinct, Council has contributions funds set aside for sport fields, sport courts and open space. The WestInvest funds and Contributions Funds will be combined to accelerate the process in preparing a comprehensive Development Application (DA), aiming to concurrently deliver the Masterplan in its entirety.

RECOMMENDATION

That Council:

1. Receives and notes this report; and

2. Endorse the updated Carnes Hill Recreation Precinct Masterplan, to include a 50-metre pool.

REPORT

BACKGROUND

The following table provides an outline of the key project milestones:

November 2018	Carnes Hill Precinct Site Identified	In November 2018, Council resolved to investigate a suitable use for the site known as Carnes Hill Recreation Precinct Stage 2 (CHRPS2).
July 2019	Options Report Developed for Site	Subsequently in July 2019, Council considered an Options Report and resolved to further investigate the proposed options through a Masterplan process.
November 2020	CHRPS2 Masterplan	In November 2020, Council endorsed the CHRPS2 Masterplan which included an overall schematic landscape masterplan for the site with key features including an indoor 50m pool, 2 sports fields, 2 basketball courts, parking and upgrades to open spaces amenities.
Feb 2022	Internal Review of Aquatic provision LGA wide - Warren Green Report	A thorough analysis of the aquatic offerings to guide a better understanding of the strategy adopted by Council to design the aquatic and leisure offerings within the LGA in the future across the multiple projects.
July 2022	WestInvest Funding Application	In July 2022, Council nominated CHRPS2 for WestInvest funding. At the time of the application, the 2022 revised Masterplan was not finalised, therefore the application was prepared based on the Council adopted Masterplan of 2020.
July 2022	Review undertaken of CHRPS2 Masterplan, Warren Green Report & WestInvest Application for rationalization	In July 2022, Council engaged an external consultant to investigate alternative concept design scenarios, reflective of the Liverpool LGA-wide Aquatic Facilities report, WestInvest Application, and Commercialization opportunity’s available within the Carnes Hill Stage 2 and 1 Precinct.
November 2022	Warren Green Aquatic Report	The Warren Green Report on the future provision of aquatic centres was adopted by Council in November 2022. The Warren Green Report supports a 25m pool, program pool, indoor water play space, and spa at Carnes Hill, highlighting that the long-term intention of a refurbished Michael Wenden Aquatic Centre (contained in the Miller Social Infrastructure Masterplan) and a future facility at Austral to act as a destination aquatic centre. The Warren Green Report presents the current and future demand for pools suitable for hydrotherapy, aqua aerobics and swim school programs and a decline in the demand for tradition 50m lap swimming facilities.
Dec 2022	Revised CHRPS2 Masterplan	Council at its meeting on 14 December 2022 adopted the revised CHRPS2 Masterplan. As part of the review presented to Council in December 2022, a preliminary investigation into capitalisation opportunities were considered, should Council’s grant application for WestInvest be unsuccessful.
Feb 2023	WestInvest Funding Successful	In February 2023 Council was advised of the successful WestInvest application totaling $53.4 million to deliver the Carnes Hill Aquatic and Leisure Centre project, inclusive of a 50m pool. In Consideration to the WestInvest strict delivery timeframe and criteria, Council officers have now investigated design options for provision of flexible aquatic facilities, to deliver the 50m pool within the adopted landscape design of 2022 Masterplan (below Figures 1 and 2) and in line with the WestInvest funded masterplan.
Feb-March 2023	Review undertaken of CHRPS2 Masterplan, Warren Green Report & WestInvest Application for rationalisation	The positive outcome of the grant funding for the Carnes Hill area has enabled Council the opportunity to deliver on the vision for a flexible 50 metre indoor pool in the facility. Whilst recognising a minor deviation to the recommendations in the Warren Green report, the Municipal approach to the provision of future aquatic Centres is preserved without compromising the immediate opportunity that this funding presents.

REVISED MASTERPLAN FOR ENDORSEMENT

Key Features 2022 Masterplan (revised)

Aquatic and Leisure Provision (WestInvest Funding)

A summary of the grant components ($53.4M) for the aquatic and leisure centre is listed below:

· Indoor Aquatic Centre (50m indoor pool)

· program/ hydrotherapy pool

· Outdoor water play area, inclusive of waterslides, outdoor splash pads & wetlands.

· Change rooms, family and group.

· Storage and plant spaces

· Gymnastics, health and fitness provision of 800m2

· Café and outdoor seating

· Parking*

Contribution Funds and LCC Funding

· Multi-Use Sports courts

· 2 Sports Fields (with option to explore synthetic provision)

· Climbing adventure facility for 8+ and early years playground

· Parking located in edge of site locations.

· Amenities Block/ changing rooms and sports storage.

· Picnic facilities

As part of the review presented to Council in December 2022, a preliminary investigation into capitalisation opportunities in Stage 1 and 2 site was conducted, should Council’s grant application for WestInvest be unsuccessful. This due diligence investigation identified opportunities for commercial opportunities to rationalise and repurpose spaces in existing building to generate revenue to neutralise operational cost into the future. Other sporting considerations were included in the spatial framing, including a regional level gymnastics facility and synthetic sports fields to maximise activation of the precinct and support financial sustainability.

In February 2023 Council was advised of the successful WestInvest application totaling $53.4 million to deliver the Carnes Hill Aquatic and Leisure Centre project, inclusive of a 50m pool. In Consideration to the WestInvest strict delivery timeframe, Council officers have been investigating design options for provision of flexible aquatic facilities, to deliver the 50m pool within the adopted landscape design of 2022 Masterplan (below figure 1) and in line with the WestInvest funded masterplan.

To support the overall Precinct, Council has identified funds in ccontributions available for sport fields, sport courts and open space. The WestInvest funds and Contributions Funds will be streamlined to accelerate the process in preparing a comprehensive Development Application (DA), aiming to concurrently deliver the Masterplan.

To address the current and future demand for pools as outlined in the Warren Green Report adopted by Council in November 2022, consideration will be given to the feasibility within the detailed design stage to investigate three key design elements:

· A dynamic allocation of pool space to meet the needs of all users with hydraulic booms located at the 25m mark. This enables the pool to be utilise as both a 25m and or 50m pool and allows the pool to be configured to meet the needs of lap swimmers and competition rounds. (Refer Figure 2). The design maintains the available water space recommended in the Warren Green Report.

· 50 metre pool to support local School Carnivals to meet unmet and growing demand from local Schools that currently seek provision outside the LGA.

· In addition, the layout will continue to consider a Program/ hydrotherapy pool to meet the current and future demands.

· Investigate energy efficient power sources to reduce the substantial costs associated with heating the water.

· Ensure consideration is given to alternative pool layout designs within the built form envelope to ensure the most efficient operational outcome for Council and the community is achieved.

· Outdoor aquatic spaces waterslides, splash park, tipping buckets to establish destination based aquatic and leisure experiences.

Map

Description automatically generated

Figure 1: Overall Masterplan Layout (see attachment for higher resolution and scale version)

Figure 2: Aquatic Facilities 50 metre Flexible Design options (see attachment for higher resolution and scale version)

People walking in a park

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Figure 3: Artistic impression of external facade of gymnastics centre and indoor pool

A group of people playing in a water park

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Figure 4: Artistic impression of outdoor waterplay area.

FINANCIAL IMPLICATIONS

Along with the Implementation Plan, the financial implications of the revised Masterplan are outlined below.

IMPLEMENTATION PLAN AND BUDGET PHASING

Below is an outline of the staged delivery approach and strategic budget that was developed for the WestInvest funding application which will inform the detailed design.

Description	Estimated Budget	Estimated Year/s
Planning, approvals and design documentations	$4.56 M	2023
Construction of aquatic centre Contingency Project management	$35.04 M $10.5M $3.27 M	2024 - 2026
Total Project Cost	$53.40 Million

Contributions funding for overall Precinct.

Contributions and other funds that can be applied to the overall precinct include:

· The current amount available for Carnes Hill in the Contribution Plan for Playing Fields is currently $5.6M

· Additionally, On 26 August 2019, Council resolved to dedicate funds from the disposal of Lot 88 DP1236888 $4.6M is available from the above land disposal for the development of CHRPS2.

· Approximately $4M identified for a local or district community facility within Cecil Hills, Hoxton Park and Carnes Hill. Further investigation is required to determine the feasibility of transferring these funds to CHRPS2 as part of the detailed design stage.

It is envisioned that works in the Masterplan that fall outside the current funding will need to be staged utilising future funding and grant applications.

CONCLUSION

The successful WestInvest funding has enabled Council to deliver on its vision for the provision of aquatic and leisure facilities in Liverpool’s growth areas, to benefit residents in Carnes Hill and surrounding areas.

The funding received through the WestInvest Grant allows for the immediate delivery of a Worldclass Aquatic and Leisure Centre. Whilst recognising a minor deviation to the recommendations in the Warren Green report, the Municipal approach to the provision of future aquatic Centres is preserved without compromising the immediate opportunity that this funding presents.

It is envisaged that with the funds set aside in this grant and in Contributions, Council can proceed to prepare a comprehensive DA to deliver the aquatic and sporting facilities concurrently.

This report is presented seeking Council’s endorsement to proceed to plan and construct the aquatic facilities funded by WestInvest (CHRPS2 Masterplan 2020), using the design options investigated in 2022, the notable change being inclusion of a 50m pool rather than 25m pool.

CONSIDERATIONS

Economic	The financial impacts are outlined in the report above.
Environment	Protect, enhance and maintain areas of endangered ecological communities and high-quality bushland as part of an attractive mix of land uses.
Social	Deliver high quality services for children and their families.
Civic Leadership	Foster neighborhood pride and a sense of responsibility. Deliver services that are customer focused.
Legislative	Local Government Act. 1993
Risk	The risk is deemed to be Low given grant funding. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Attachment 1 Carnes Hill Precinct Stage 2 Masterplan with updates

Ordinary Meeting

29 March 2023

Corporate Support Report

CORP 01

Investment Report February 2023

Strategic Objective	Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources
File Ref	070874.2023
Report By	Vishwa Nadan - Chief Financial Officer
Approved By	Farooq Portelli - Acting Director Corporate Support

Executive Summary

This report details Council’s investment portfolio and its performance at 28 February 2023. Key highlights include:

· Council held investments with a market value of $446 million.

· The Reserve Bank of Australia (RBA)’s official cash rate is at 3.60 per cent.

· The portfolio yield (for the year to February 2023) was 110 basis points above the benchmark (AusBond Bank Bill Index)

	AusBond Bank Bill Index (ABBI)
Benchmark	1.76%
Portfolio yield	2.86%
Performance above benchmark	1.10%

· Year-to-date, Council’s investment income was $5.57 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 $466 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 18.15 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 28 February 2023, Council held investments with a market value of $446 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:

Chart, pie chart

Description automatically generated

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

*Definition of terms

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

· FRB - Fixed Rate Bond – returns a fixed coupon (interest) rate and is tradeable before maturity.

· TCD - Transferrable Certificate of Deposit - security issued with the same characteristics as a term deposit, however it can be sold back (transferred) into the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90-day Bank Bill Swap Rate).

The economic environment globally, is suffering significantly from impacts of 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 18.15 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 $466 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

Compliance with Investment policy – In summary

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

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 February 2023 exceeded the ABBI index by 110 basis points (portfolio yield: 2.86%; ABBI: 1.76%).

Comparative yields for the previous months are charted below:

Chart, bar chart, histogram

Description automatically generated

Performance of portfolio returns against budget

Year-to-date, Council’s investment income was $5.57 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	$3.00m	$8.03m	$5.03m
Fair value market movement	$0.00m	$0.54m	$0.54m
Total	$3.00m	$8.57m	$5.57m

Chart, bar chart

Description automatically generated

Economic outlook – Reserve Bank of Australia

The Reserve Bank of Australia has increased the official cash rate to 3.60 per cent in its meeting on 07 March 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 $5.57 million higher than the original budget at 28 February 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 February 2023

Ordinary Meeting

29 March 2023

Corporate Support Report

CORP 02

Electricity Easement Within Lot B DP 381267, Cirillo Reserve, 43 Hall Circuit, Middleton Grange

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	050484.2023
Report By	Rodney MacFarlane - Senior Property Officer
Approved By	Farooq Portelli - Acting Director Corporate Support

Executive Summary

As part of the construction of Cirillo Reserve Sports Complex, Hall Circuit, Middleton Grange it was necessary to install a padmount substation and associated underground cables to facilitate sufficient electricity supply to the premises.

This report is required to facilitate formal creation of the electricity easement on the title of Lot B DP 381267, part Cirillo Reserve, 43 Hall Circuit, Middleton Grange.

RECOMMENDATION

That Council:

1. Approve creation of an easement for padmount substation 3.35m wide, restriction on the use of the land and easement for underground cables 6.1m wide within Lot B DP 381267, part Cirillo Reserve, 43 Hall Circuit, Middleton Grange on the terms outlined in this report; and

2. Authorises the CEO or delegate to execute any documents necessary to give effect to this decision.

REPORT

The construction of the Cirillo Reserve Sports Complex was completed in March 2021 which included earthworks, hydraulic and irrigation, sports field soil profile with two turf soccer fields and playground.

As part of the construction of Cirillo Reserve Sports Complex it was necessary to install a padmount substation and associated underground cables to facilitate sufficient electricity supply to the premises.

That part of Cirillo Reserve where the padmount substation and underground cables were installed is described as Lot B DP 381267, 43 Hall Circuit, Middleton Grange and is classified as “Operational Land” under the Local Government Act 1993 – see figure 1 below:

Council’s surveyor, Burton & Field Pty Ltd, has prepared the necessary Deposited Plan and associated 88B instrument, in liaison with Endeavour Energy (Epsilon Distribution Ministerial Holding Corporation), which require the following electricity easements within Lot B DP 381267:

· Easement for padmount substation 3.35m wide

· Restriction on the use of the land

· Easement for underground cables 6.1m wide

The electricity easements required are in accordance with Endeavour Energy’s standard terms and conditions for padmount substations and it is recommended that Council proceed with formal creation of the easements within Lot B DP 381267, part Cirillo Reserve, 43 Hall Circuit, Middleton Grange.

The easements and restriction on the use of the land will be created on the title of Lot B DP 381267 benefitting Epsilon Distribution Ministerial Holding Corporation for nil compensation value.

FINANCIAL IMPLICATIONS

The financial implications relating to this recommendation are minimal as costs incurred will only relate to registration of the easements at NSW Land Registry Services.

Formal creation of the electricity easements on the title of Lot B DP 381267 will facilitate return of the property tenure bond from Endeavour Energy in the amount of $20,000 for the project (ULL 2826).

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	The land is classified as “Operational Land’ under the Local Government Act 1993 and there are no restrictions for formal creation of the easements.
Risk	The risk is deemed to be low as the padmount substation and underground cables are already installed and formal creation of the easement’s on the title of Council’s land is required for Endeavour Energy’s assets.

ATTACHMENTS

Nil

Ordinary Meeting

29 March 2023

Customer & Business Performance Report

BUS 01

2023 Local Government Remuneration Review- Recategorisation of Liverpool

Strategic Objective	Visionary, Leading, Responsible Position Council as an industry leader that plans and delivers services for a growing city
File Ref	081144.2023
Report By	George Hampouris - Head of Audit, Risk and Improvement
Approved By	Anna Rizos - Acting Director Customer & Business Performance

Executive Summary

The Local Government Remuneration Tribunal (LGRT) has commenced its review for the 2023 annual determination of Councils’ categorisation.

Councils were invited to provide a submission to the LGRT in late 2022. The deadline for submission was 15 December 2022. Council finalised its submission in early December 2022, therefore making it impossible to submit it to Council for endorsement prior to the deadline. The submission was therefore lodged by staff prior to due date. Even though the LGRT had encouraged submissions to be Council endorsed, there is no legislative requirement to do so.

Council is seeking a recategorisation from “Metropolitan large” to “Major CBD” for the reasons outlined in its submission (See attachment 1). An upwards recategorising of Council will no doubt elevate Council’s status. It will be an acknowledgment of Council’s influence and status within the greater region.

RECOMMENDATION

That Council endorses the submission lodged with the Local Government Remuneration review on the 13 December 2022 in relation to recategorising Council to “Major CBD”.

REPORT

Based on recent feedback from the LGRT, from those Councils putting in a submission, some were staff submissions and others were submissions by Council. This report recommends the attached submission is endorsed by Council on the basis that it may strengthen its case. The LGRT have confirmed Councillor endorsement of the submission lodged can be applied retrospectively. Notification of Council endorsement (if recommendation is adopted) will be given to the LGRT subsequent to the 29 March 2023 Council meeting.

The LGRT will undertake a review of the categories, as part of the 2023 review. Section 239 of the Local Government Act 1993 (LG Act) requires the Tribunal to determine the category of councils and mayoral offices at least once every three years.

The Tribunal last undertook a review of the categories and the allocation of councils into each of these categories in 2020.

Each of the 128 councils is allocated into one of the following eleven categories:

Metropolitan

• Principal CBD

• Major CBD

• Metropolitan Large

• Metropolitan Medium

• Metropolitan Small

Non-metropolitan

• Major Regional City

• Major Strategic Area

• Regional Strategic Area

• Regional Centre

• Regional Rural

• Rural

Liverpool Council is currently categorised as a “Metropolitan large Council” along with 11 other Councils. As it stands, the only Council categorised as “Major CBD” is Parramatta Council with the City of Sydney being the only council being categorised as “Principal CBD.”

Councillor and Mayor Fees

Pursuant to s.241 of the LG Act, the Tribunal is required to make an annual determination, by no later than 1 May 2023, on the fees payable to Councillors and Mayors to take effect from 1 July 2023. Councillor maximum and minimum fees will vary dependant on a Council’s category.

The Tribunal will review the minimum and maximum fee levels for each category. In accordance with section 242A of the LG Act, the Tribunal is required to apply the Government’s public sector wages policy to the determination of ranges of fees for Councillors and Mayors.

FINANCIAL IMPLICATIONS

It is difficult to determine financial implication at this stage on the basis that;

• The likelihood of a categorisation change is unknown;

• If Council were recategorised, the Tribunal is required to make an annual determination of Councillor and Mayor fees, by no later than 1 May 2023, with the fees payable to Councillors and Mayors to take effect from 1 July 2023.

Therefore, fees are unknown at this stage. Based on the 2022 Councillor and Mayor fee range, there is a crossover of fees within the minimum and maximum range when comparing the “Metropolitan large” category and “Major CBD” category fees. Therefore unless there is a proportional shift on the fee structure within these two categories, Councillors can determine to maintain the same fees resulting in no financial implications.

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Provide efficient parking for the City Centre. Facilitate economic development. Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Actively advocate for federal and state government support, funding and services.
Legislative	Section 241 of the Local Government Act 1993 Section 242A of the Local Government Act 1993 Section 239 of the Local Government Act 1993
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Submission letter to the Local government Remuneration Tribunal - Recategorisation of Liverpool

Ordinary Meeting

29 March 2023

City Futures Report

CFD 01

Response Report - Liverpool CBD 24-Hour Economy

Strategic Objective	Evolving, Prosperous, Innovative Develop the economic capacity of local businesses and industries
File Ref	041898.2023
Report By	Susana Freitas - Visitor Economy Officer
Approved By	Julie Scott - Acting Director City Futures

Executive Summary

At its 31 August 2022 Council meeting, Council resolved:

That Council provide a report back to the March 2023 Council meeting that includes, but is not restricted to:

1. Survey of business interest in the provision of 24hr commercial operations in the Liverpool CBD;

2. Identifies opportunities and challenges in delivering a 24hr business operation;

3. Examples of other LGAs with successful 24hr business operations;

4. Strategic steps and time frame to implement a 24hr business operation if found to be feasible in Liverpool CBD; and

5. Feedback from the Tourism and CBD Committee on possible 24hr CBD business operation.

Council Officers have assessed the resolution as provided and have conducted a survey and consultations with the business community, The following includes a summary of results:

· Seventy percent of CBD businesses surveyed are considering extending their hours of trade

· Key opportunities identified in extending hours of operation include creating a more vibrant city centre and future business growth

· Key challenges highlighted in extending hours of operation include lack of customers in the city centre at night, negative perception of safety and staffing issues (i.e. obtaining staff)

· Strategic steps and timeframe to implement a night-time economy highlighted by the Committee include;

o for Council to act as a convenor of stakeholders

o leverage new commercial offerings to increase economic activity

o to have a staged approach over five to ten years after the new Nancy Bird Walton International Airport opens and to commence by focusing extending limited hours in the initial phase.

RECOMMENDATION

That Council receives and notes the report.

REPORT

1. Survey of business interest in the provision of 24hr commercial operations in the Liverpool CBD;

Council’s City Economy Unit surveyed a variety of businesses across the CBD regarding their interest in extending their trading hours and potential opportunities and challenges in delivery of 24-hour business operations. Businesses surveyed include major retail centres such as Westfield and Liverpool Plaza, hospitality, professional services such as tax agents, entertainment, retail including pharmacies and clothing stores, gyms and leisure centres and beauty services.

Seventy percent of the businesses surveyed are exploring extending trade into at least the evening (6pm - 9pm), 40% into nighttime trade (9pm - 2am) and 20% into late night trade (2 am - 6am). The businesses currently exploring opportunities to extend to late night trade are gyms and leisure centres looking to operate on a 24-hour basis.

Thirty percent of CBD businesses surveyed plan to operate 24 hours once the new Nancy Bird Walton International Airport opens. Of those who responded that they do not plan to operate 24 hours, 20% are planning to extend trading hours beyond current operations but not to 24 hours as it does not suit their business needs.

2. Identifies opportunities and challenges in delivering a 24hr business operation;

As part of the survey, businesses were asked to highlight main opportunities and challenges regarding operating 24 hours.

Opportunities highlighted include:

· Creating a more vibrant and activated city centre

· Extra revenue and business growth

· Opportunity to reach more customers

Challenges and barriers highlighted include:

· Not enough foot traffic or customers in the CBD at night

· Need for hired security to trade at night

· Poor lighting and negative perception of safety in the evening

· Staffing issues to be able to support extended hours

· Lack of public transport and parking constraints

· Current business model does not offer a service or product that appeals at night-time and therefore will need to change business offerings

· Red tape including council approval processes and liquor licensing challenges

· No night-time dining and entertainment precinct in the CBD

· Lack of confidence from businesses to extend into the evening

· Macquarie Mall needs a mix of vibrant, contemporary and high end hospitality providers

3. Examples of other LGAs with successful 24hr business operations;

City of Sydney

Council’s focus

The focus of City of Sydney’s 24-hour economy is to improve inclusivity and mobility in the city and reduce anti-social behaviour throughout the city. The City is aware residents and visitors want a city that does not shut down when the sun goes down, more exciting opportunities for events and a boosted economy. The evidence shows that more diverse options lead to increased connectivity and a resilient community. It is also vital that the nightlife in Sydney thrives as it generates $3.64 billion in revenue annually with more than 4,600 businesses employing 32,000 people.

What they are doing

City of Sydney’s 24 Hour Economy strategy provides the opportunities for business across the LGA to extend trading hours. Businesses and venues can operate up to 24 hours in the inner city and other high traffic areas, as well as 2am on village high streets and until midnight in other areas.

City of Sydney CBD night-time hubs include George Street, Oxford Street, The Rocks and Darling Harbour. Currently most venues in these hubs may operate until 5am with approval, by allowing these venues to function 24 hours, it can eliminate issues such as crowding, queuing and noise and businesses can take advantage of the hours of operation of the new metro.

For local centres, the hours of permitted operation will extend from midnight to 2am, this aligns with the NSW small bar laws and the new hours will only apply if the patrons enter and exit to and from the main street. The City of Sydney is also moving to build new areas in some of its fastest growing neighbourhoods such as Barangaroo, Green Square town centre, Walsh Bay, Danks Street in Waterloo and around the East Village shopping centre in Zetland. The trading hours will be influenced by the type, capacity and impact these new areas could provide.

Sydney is also planning to expand existing late-night trading hours and review controls in areas such as Chippendale, Redfern and Surry Hills. Additionally performance venues will be allowed up to 250 patrons and permitted one added trading hour at closing time on a trial basis. The trial varies depending on the circumstances of each business but will still aid the growing nightlife in the city.

Unlicensed businesses (for example book and clothing shops, beauty services and gyms) will also be provided the opportunity to extend trading hours.

City of Parramatta

Council’s Focus

Parramatta is the second largest night-time economy by turnover in Greater Sydney, third largest in NSW and the eighth largest night-time economy in Australia. Parramatta’s rapidly growing nightlife is worth up to $1.1 billion and is expected to grow its workforce by 100,000 in the next 20 years. Council aims to lead post-Covid economic recovery by turning the CBD into a 24-hour destination and in so doing, support local businesses.

As part of a 5-year plan, Parramatta plans to maintain its place as one of the largest hubs for nightlife in Greater Sydney.

What they are doing

The City of Parramatta’s night life is heavily reliant on dining with 77% of night-time activities being food based and 85% of the community wanting to eat out during night-time hours. Followed by entertainment (56%), late night shopping (40%) and drinks with friends (28%) as well as sport and recreation (16%). Parramatta’s night life has been thriving, however parking, lack of appealing activities, feeling unsafe, lack of transport and lack of diverse options are barriers to achieving this.

After the pandemic the city announced a grant of $10,000 per business to deliver programs that will stimulate the City of Parramatta’s nighttime economy and assist in the economic recovery of the city. As a result, the city has experienced an improved social and cultural environment, an atmosphere where people feel safe trying new things and improved accessibility throughout Parramatta.

4. Strategic steps and time frame to implement a 24hr business operation if found to be feasible in Liverpool CBD;

The updated Destination Management Plan (2023/2024 – 2028/2029) will include actions to develop a dedicated 24-hour economy strategy. The steps highlighted from the Tourism and CBD Committee workshop will be utilised to inform the strategy (see appendix – Tourism and CBD Committee Workshop Engagement Insights Report).

5. Feedback from the Tourism and CBD Committee on possible 24hr CBD business operation.

Astrolabe Group was appointed to conduct a workshop with the Tourism and CBD Committee in December 2022, to seek the committee’s insights on how to build a 24-hour economy and support the visitor economy. Insights from the workshop will be utilised to inform the new Destination Management Plan (2023/2024 – 2028/2029) and future 24-Hour Economy strategy. Feedback from the Committee was utilised to respond to question four above (see appendix).

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation. This report is for information only and strategic steps highlighted in question four will be costed and utilised to inform the Destination Management Plan (2023/2024 – 2028/2029). There is no budget allocated to the delivery of the strategic steps in the report.

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Facilitate economic development. Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities. Provide cultural centres and activities for the enjoyment of the arts. Support policies and plans that prevent crime. Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Actively advocate for federal and state government support, funding and services.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Tourism and CBD Committee Workshop engagement insights report by Astrolabe Group

Ordinary Meeting

29 March 2023

City Futures Report

CFD 02

Review of the Flags and Banners Policy

Strategic Objective	Evolving, Prosperous, Innovative Market Liverpool as a business destination and attract investment
File Ref	056365.2023
Report By	Susana Freitas - Visitor Economy Officer
Approved By	Julie Scott - Acting Director City Futures

Executive Summary

The current Flags and Banners Policy was adopted by Council 26 May 2015 and reviewed in 2019 and 2021.

The 2023 updates to the policy include:

- Inclusion of potential seasonal or major event banner zone exclusions

- Variation to the eligibility criteria to increase potential revenue generating opportunities for Council through campaign sales

- Inclusion of installation delay clauses including extreme weather or other causes beyond Council’s reasonable control such as lockdowns

- Inclusion of a priority booking system

RECOMMENDATION

That Council adopts the revised Flags and Banner Policy

REPORT

Council’s Flag and Banner Policy (Policy) provides guidelines to determine what events and activities can be promoted on Council’s flags and banners poles throughout the Liverpool local government area.

The program is designed to:

- Promote significant events, including arts, cultural, business, tourism and sporting events of public significance, throughout the LGA;

- Visually enhance Liverpool LGA’s streetscape;

- Create a sense of community and a sense of place for visitors and residents;

- Stimulate local economic activity

Modification to the Policy includes:

- Addition of seasonal and event site zone exclusions:

o CBD Zone 2: Macquarie Mall – during summer months or during major events in Macquarie Mall, banner campaigns may exclude Zone 2 for the duration or part of the campaign period due to access and visibility issues caused by trees and activations around the banners.

- Variation to the eligibility criteria to increase potential revenue generating opportunities for Council through campaign sales:

o Flags and banners may be used to promote arts and cultural activities including, events, festivals, tourism or civic programs, community messaging, education as well as major economic development and sporting events of public interest. They may also be used by government, public institutions, commercial (can be both private and publicly owned businesses), community institutions or organisations.

o Hirers events and activities must achieve one or more of the following objectives:

§ be held within the LGA

§ increase visitation to the LGA

§ provide direct economic benefits to the LGA

§ provide community messaging of general public interest

§ be a national or international event of significant civic value

o The banner network cannot be used as an advertising medium for commercial products or services and design must be approved by Council and meet Council’s design standards.

- Inclusion of installation delay clause due to extreme weather or other causes beyond Council’s reasonable control such as lockdowns.

- Inclusion of a priority booking hierarchy system:

o Council owned events

o Council sponsored/partnered events

o Major civic or calendar events

o Events or conferences that are held within the LGA which the general public can attend

o A specific event that promotes a fundraising activity, open to the general public to attend

Fees

Flags and Banners booking fees are outlined in Council’s Annual Revenue Pricing, Fees and Charges.

FINANCIAL IMPLICATIONS

Costs associated with this recommendation have been included in Council’s Flags and Banners budget for the current year and long-term financial plan. Council’s banner budget is supported through current banner sales as per Council’s fees and chargers.

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Facilitate economic development. Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities. Provide cultural centres and activities for the enjoyment of the arts. Support policies and plans that prevent crime.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Flag and Banner Policy - February 2023 update

Ordinary Meeting

29 March 2023

Operations Report

OPER 01

City Presentation Parks Review

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	069325.2023
Report By	Jason Breton - Acting Director Operations
Approved By	Jason Breton - Acting Director Operations

Executive Summary

The purpose of this document to provide a response to a query arriving from a Question With Notice (QWN) on the 24^{th of} February 2021, as to how Council, more particularly City Presentation (CP) manages its schedule of works across the numerous, parks, gardens, and open spaces it maintains.

The Resolution was informed by Council’s Delivery Program 2022-2026 and Operational Plan 2022-2023 which undertook to conduct a review of parks operational structure and maintenance requirements.

The review focused on tangible outcomes for stakeholders including observations as to potential efficiencies within the operating framework, including but not limited to:

· Asset Registration & Development

· People & Culture

· Systems and Process Improvements

· Service Level Agreements and Work Standards

· The Industrial Landscape; and

· Resource Levelling to meet a growing LGA.

· Localisation

The Parks Review has also been linked to our industrial instrument, the City Presentation 36 Hour Week Services Staff Agreement 2019-2022 (CA) to ensure adherence to the intent of the Award as it advocates, we “embrace technology and process changes”.

RECOMMENDATION

That Council acknowledge the outcomes described in this Parks Review with a further update on our progress in September 2023.

The Outcomes described in this review be presented to Council in satisfaction of the Resolution and in response to Councils Delivery Program 2022-2026 and Operational Plan 2022-2023. These are, in summary:

1. A comprehensive register developed of all Council’s assets.

2. A comprehensive program of activities led by the incoming CEO.

3. Expand the use of the Asset Management Software called Brightly®

4. Prepared its Parks Maintenance Work Standards (Appendix A) which details a baseline delivery service offering.

5. A more collegiate and collaborate industrial model.

6. Modelled resource levels through to 2031.

7. Re-opening of the Western Depot; and

8. Research and develop green efficiencies.

REPORT

Attached (Parks Review 2023)

FINANCIAL IMPLICATIONS

Whilst proposed forecast do appear in the Parks Review they are reliant on a number of variables not yet in place as City Presentation merges with Infrastructure and Environment and the Operations Directorate realises its budget position and budget forecasts.

It is expected that the forecasted costings identified will be both ratified and presented on review of the progress of this document on September 2023.

CONSIDERATIONS

Economic	The outcomes presented in the Parks Review will present a number of efficiencies to Council insofar as improved practices and systems that will increase performance whilst decreasing Level of Effort (LoE) ultimately saving Council time and money. The quantum of these saving will only be recognized after a review of the success or otherwise of the outcomes.
Environment	There will be a reduction in the use of paper reporting as our systems are implemented removing the requirements for paper-based reporting.
Social	The Parks Review identifies how Council will raise awareness in the community about how services and facilities will meet their service level requirements through a transparent and auditable methodology
Civic Leadership	The Parks Review provides information about Council’s services, roles and decision-making processes and deliver services that are customer focused.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Parks Review Final 13 March 2023 (Under separate cover)

Ordinary Meeting

29 March 2023

Operations Report

OPER 02

Climate Change Policy and Liverpool Climate Action Plan

Strategic Objective	Liveable, Sustainable, Resilient Deliver and advocate for a sustainable, cool and green city
File Ref	073400.2023
Report By	Michael Zengovski - Manager City Environment
Approved By	Jason Breton - Acting Director Operations

Executive Summary

The Climate Change Policy and Liverpool Climate Action Plan have been produced to set a commitment of reaching net-zero emissions and identify actions and priorities to work towards this commitment. The documents also respond to Council’s 100 Day Plan, which aims to progress Council to become a net-zero organisation.

At its May 2022 meeting, Council resolved to place the draft Climate Change Policy and Liverpool Climate Action Plan on public exhibition for 28 days. Following this public exhibition, the Climate Change Policy and Liverpool Climate Action Plan were presented at the September 2022 Council meeting. Since September 2022, another briefing was prepared to provide additional information to Councillors on the action plan items. The additional Councillor briefing was held on 23 February 2023.

This report seeks endorsement of the Climate Change Policy and Liverpool Climate Action Plan.

RECOMMENDATION

That Council endorses the Climate Change Policy and Liverpool Climate Action Plan.

REPORT

Council, at its meeting held on 24 February 2021, resolved that Council moves towards the creation of an evolving, overarching centralised policy document styled in terms of a Climate Action Plan. Council’s 100 Day Plan also includes taking all necessary steps to progress Council to become a Net Zero Council.

The Climate Change Policy and Liverpool Climate Action Plan outlines Council’s commitment and actions towards achieving net-zero emissions, and provision of leadership to the Liverpool community in responding to climate change and building a sustainable city.

The Climate Change Policy sets out Council's commitment principles, which are to:

· Achieve net-zero carbon emissions from Council’s operations.

· Provide effective and strong leadership to the Liverpool community in responding to climate change and building a sustainable city.

· Assist our community to reach the NSW target of net-zero emissions by 2050.

The Liverpool Climate Action Plan identifies key actions and priorities to work towards these commitments. It builds on state policy as well as Liverpool’s own net zero pathways to progress climate action.

Development of the Climate Action Plan

The Climate Change Policy and Liverpool Climate Action Plan were developed collaboratively through internal workshops, a Councillor workshop (held on 21 May 2021), presentation to the Environment Advisory Committee (held on 11 April 2022) and subsequent request for their feedback, at Councillor briefings (held on 19 May 2022, February 2023) and Council meetings (held on May 2022, September 2022) as outlined below.

A summary of the consultation and engagement during the development of the Liverpool Climate Action Plan is provided below:

· 21 May 2021 - Councillor workshop to inform the development of the climate change policy and climate action plan.

· 11 April 2022 - Environment Advisory Committee (EAC) briefing on the climate change policy, draft climate action plan and request for feedback and comments.

· 11 April – 19 May 2022 – Incorporating feedback and comments received from the EAC into the climate change policy and Climate Action Plan.

· 19 May 2022 - Councillor briefing on the draft policy and climate action plan.

· 25 May 2022 Council meeting – Action plan and policy endorsed for public exhibition.

· 30 June 2022 – 28 day public exhibition period closed. The public exhibition of the documents was promoted through Council’s social media, and the Youth Council were notified of the exhibition period.

· 28 September 2022 – Council meeting , Climate Action Plan endorsement deferred.

· 23 February 2023 - additional Councillor briefing focussing on the action items, including costing with case studies presented for priority action items. Key focuses included; Solar PV on Council assets; Case studies and Cost benefit; Street light replacement; Power Purchase Agreement (PPA); efficient council assets; recycled water; electric vehicles.

The Climate Change Policy and Liverpool Climate Action Plan are attached to this report.

Next Steps

Once the Climate Change Policy and Liverpool Climate Action Plan are endorsed, Council proposes to collaborate with the community for engagement and delivery of the Climate Action Plan.

FINANCIAL IMPLICATIONS

The implementation of most of the actions included in the Liverpool Climate Action Plan currently have an estimated payback period of 5-7 years and will be progressively delivered as part of Council’s annual Capital Works Program.

The transition to an electric fleet has a longer payback period of more than 40 years. However, the capital cost for electric vehicles is rapidly changing and expected to reach parity with petrol vehicles within 10 years. The timeframe for the transition to electric vehicles has been proposed to be longer term than other actions (10 years), which is anticipated to alleviate financial implications for this proposed action.

CONSIDERATIONS

Economic	Climate Change Policy and Action Plan implementation will focus on actions with a short payback period where possible.
Environment	The Policy and Action Plan guide the delivery of improved environmental outcomes. They identify commitments and priority actions to decrease emissions from Council and the community.
Social	The Action Plan identifies actions that guide how Council can support the community to reduce their emissions
Civic Leadership	The Policy and Action Plan respond to sustainability goals included in Council’s Community Strategic Plan 2022-2032 such as increased energy efficiency. They prescribe commitments and priority actions to ensure that Council positions itself as a sustainability leader.
Legislative	Local Government Act 1993 and the Environmental Planning and Assessment Act 1979
Risk	Climate change presents a significant risk to Council and the community. The development of a strategic approach to reduce emissions via the Climate Change Policy and Liverpool Climate Action Plan will help Council fulfil its responsibility to minimise climate change risks.

ATTACHMENTS

1. Climate Change Policy (Under separate cover)

2. Climate Action Plan (Under separate cover)

Ordinary Meeting

29 March 2023

Committee Reports

CTTE 01

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

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	449509.2022
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

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

RECOMMENDATION

That Council:

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

2. Endorses the recommendations in the Minutes.

REPORT

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

The minutes contain the following actions or Committee recommendations:

· Share details of the Homeward Bound: Assisted Returns Program with community services organisations and networks.

FINANCIAL IMPLICATIONS

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

CONSIDERATIONS

Economic	There are no financial considerations associated with this report.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities. Support policies and plans that prevent crime. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Minutes of the Community Safety and Crime Prevention Advisory Committee meeting held on 1 December 2022

Ordinary Meeting

29 March 2023

Committee Reports

CTTE 02

Minutes of the Liverpool Youth Council meeting held 8 November 2022 and the Meeting Notes of the Liverpool Youth Council meeting held 13 December 2022

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	053179.2023
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

This report is tabled in order to present the Minutes of the Liverpool Youth Council Meeting held on 8 November 2022 and the Meeting Notes of the Liverpool Youth Council Meeting held on 13 December 2022.

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Liverpool Youth Council Meeting held on 8 November 2022 and the Meeting Notes of the Liverpool Youth Council Meeting held on 13 December 2022; and

2. Endorse the recommendations in the Minutes.

REPORT

The Minutes of the Liverpool Youth Council held on 8 November 2022 and the Meeting Notes of the Liverpool Youth Council Meeting held on 13 December 2022 are attached for the information of Council.

The minutes contain the following actions or Committee recommendations:

8 November 2022:

· That the Community Development Worker (Youth) contact radio station 2GLF requesting training for Youth Council members interested to participate in the radio program.

FINANCIAL IMPLICATIONS

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

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Meeting Notes Liverpool Youth Council 13 December 2022

2. Minutes Liverpool Youth Council 8 November 2022

Ordinary Meeting

29 March 2023

Committee Reports

CTTE 03

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

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	053920.2023
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

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

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 1 December 2023; and

2. Endorse the recommendations in the Minutes.

REPORT

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

The minutes contain the following actions or Committee recommendations:

· Action: Investigate opportunities for informal, ongoing consultation with the community on the use of the term ‘First Nations’;

· Action: Arrange a donation of $500 to the NAIDOC Week School Initiatives 2023 program on behalf of the Committee; and

· Committee members recommended the following wording for entryway signs placed on Cabrogal land:

Welcome to the land of the Cabrogal people of the Darug nation. Please walk respectfully on these lands. Always was, always will be Aboriginal land.

FINANCIAL IMPLICATIONS

The actions contained in the minutes have a financial impact on Council and are supported for the following reasons:

· The inclusion of an appropriate acknowledgement of Liverpool’s First Nations communities on gateway signage has been previously endorsed by Council;

· The acknowledgement signage demonstrates Council’s respect of the local First Nations culture and heritage and its commitment to the advancement of First Nations people in Liverpool; and

· The $500 donation to NAIDOC Week School initiatives is an annual donation to support school-based awareness raising.

The estimated costs associated with the design, production and installation of gateway signage is $9,000. This amount is available within the current Community Development – First Nations budget for 2022/23.

The $500 donation to the NAIDOC Week School Initiatives program is an annual donation, which will be drawn from the Community Development – First Nations budget for 2022/23.

CONSIDERATIONS

Economic	The financial considerations have been noted above.
Environment	There are no environmental and sustainability considerations.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place. Promote community harmony and address discrimination.
Civic Leadership	Facilitate the development of community leaders.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Minutes of the Aboriginal Consultative Committee meeting - 1 December 2022

Ordinary Meeting

29 March 2023

Questions with Notice

QWN 02

Question with Notice - Clr Green - Cumberland Plain Woodland Protection and Preservation

Strategic Objective

Liveable, Sustainable, Resilient

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

File Ref

081379.2023

QUESTION WITH NOTICE

Cumberland Plain Woodlands are considered special and unique to western Sydney and have been listed as critically endangered facing a high risk of extinction. Only 6% of Cumberland Plain Woodland remains with less than 2% protected in National Parks.

Cumberland Plains Woodlands are known to be found in a number of western and south western LGAs including Liverpool.

Ecologically Cumberland Plains Woodland is important as a vital habitat for native birds, animals and plants and as such play a critical role in the ecosystem.

Can Council provide:

1. An update on the presence and locations of unique Cumberland Plain Woodlands in Liverpool LGA.

2. The actions Council currently takes in protecting and preserving Cumberland Plains Woodlands in Liverpool including ensuring the removal of vegetation species does not occur in the context of development applications.

3. Community can play an important role in preserving and protecting Cumberland Plains Woodlands, how does Council involve the community in this activity, and what community education does Council provide and/or conduct?

4. What programs does Council actively lead and/or support community led organisations in the active regeneration of Cumberland Plains Woodlands in our LGA?

Response (provided by Operations)

1. An update on the presence and locations of unique Cumberland Plain Woodlands in Liverpool LGA.

The vegetation communities within the LGA, including Cumberland Plain Woodland, were last mapped by Council in 2019. This mapping indicates that there is approximately 3,000 ha of Cumberland Plain Woodland within the LGA. Most stands of Cumberland Plain Woodland are highly degraded and fragmented. Some stands occur within land managed by council, but a large portion is within private land.

Development applications for land that contains native vegetation are typically referred to an internal technical officer for expert advice. Cumberland Plain Woodland is listed as a critically endangered ecological community under the Biodiversity Conservation Act 2016. Development applications for land that contains Cumberland Plain Woodland are assessed in accordance with the Biodiversity Conservation Act 2016, which sets the reporting and assessment requirements including the need to avoid certain impacts. However, large portions of the LGA have been biodiversity certified by the State Government, which limits Council’s ability to consider impacts to biodiversity for development applications on that land.

Council involves the community through the Environment Restoration Plan (ERP), which provides many opportunities to become involved in environmental activities. Typical community activities include planting native plants, weeding, restoration and litter removal. Other activities that volunteers can be involved in include water testing, bird watching and nature safari type programs. Participants don't need to have any special skills or knowledge to be involved as all sessions are guided by experienced staff members or external facilitators.

Council runs 12 active environmental volunteer groups which undertake on-ground works to help improve the health of bushland, including sites with Cumberland Plain Woodland. Council also hosts 8 community tree planting events per year to enhance public reserves and bushland areas by increasing the cover of native species.

Council produces four Sustaining Liverpool newsletters per year to showcase case studies & environmental activities, including topics related to native plant communities such as Cumberland Plain Woodland. A minimum of 10 community sustainability workshops are also held each year, which include sessions that inform the community about the species that live on the Cumberland Plain and their importance.

4. What programs does Council actively lead and/or support community led organisations in the active regeneration of Cumberland Plains Woodlands in our LGA?

Under the ERP, Council has a team of bush regenerators, including Council staff and contractors that routinely manage bushland, including Cumberland Plain Woodland, within Council Reserves. The outcomes of this program are regularly reported to Council’s Environmental Advisory Committee.

The ERP also includes environmental projects, programs, and on-ground works that further help improve the natural environment of Liverpool by:

· Protecting and restoring Liverpool's threatened ecological communities and other bushland through bush regeneration activities – a minimum of eight bush regeneration projects are carried out each year.

· Building community networks and partnerships.

· Supporting environmental projects.

· Installing fencing and access paths for environment protection.

Last year, 54,000 plants were installed and maintained under the ERP.

ATTACHMENTS

Nil

Ordinary Meeting

29 March 2023

Questions with Notice

QWN 04

Question with Notice - Clr Kaliyanda - NSW Government Core and Cluster Program: Building Refuges for Women and Children Escaping Domestic Violence

Strategic Objective

Healthy, Inclusive, Engaging

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

File Ref

084827.2023

QUESTION WITH NOTICE

The NSW Government has committed $426.6million to establish and commence operation of newly built (and refurbished) core and cluster refuges for women and children escaping domestic and family violence over four years from 2022-2026. This represents the most significant capital investment.

Domestic and family violence is a serious problem, the most recent crime data shows Liverpool recorded a 3.2% increase in the offence of domestic violence assault (NSW Recorded Crime Statistics 2018-2022, BOSCAR).

Currently in southwest Sydney there are 5 existing women’s refuges, under the Core and Cluster Program it is anticipated between 12-15 new refuges and 1-2 Aboriginal led women and children’s refuges will be established (Communities and Justice Core and Cluster Discussion Paper, May 2022).

A briefing for Local Government was delivered on-line in the latter part 2022 that included a Local Government NSW presentation to mayors, councillors, social policy and housing professionals to gain information and resources to support the Core and Cluster Program. This is because local government is recognised as having a key role to play in partnering with and supporting local organisations that apply for funding in this program.

The third and last tranche for providers to apply for funding will be opening soon.

Please address the following:

1. Since local organisation preparing to participate in the Core and Cluster Program are primarily services providing direct crisis support and accommodation to women and children escaping domestic and family violence what practical steps is Council taking in providing support and assistance?

2. Partnership and collaboration is recognised as central to the Core and Cluster Program in the delivery of these new refuges. How will Council work in partnership with local services planning to build and operate new refuges in our LGA?

Response (provided by Community & Lifestyle and Corporate Support)

Response: Council became aware of the Core and Cluster Program in October 2022. In November 2022, Council officers from Planning and Compliance and Community and Culture attended a briefing meeting with Homelessness NSW who are working on the Program and a local support service intending to apply for funding to establish a women refugee in Liverpool.

From a service gap and demand analysis and increasing rates of domestic violence in Liverpool, the project was discussed as an important project to support. Council continued liaising with the local service provider during November and December to develop a project proposal, outlining the project scope and the support required from Council. A project proposal was submitted to Council on 20 December, seeking partnership with Council, whereby Council provides suitable land for this project that meeting their needs. Council’s Property Services has been reviewing potential sites that would be suitable and immediately available.

Response: An opportunity exists for Council to identify and provide a suitable site for local services to build and operate new refuges in our LGA.

Council has been approached by Bonnie Support Services Ltd (BSSL) a Specialist Homelessness Service (SHS), providing support to women and their accompanying children across Liverpool and Fairfield Local Government Areas (LGA).

BSSL is seeking a partnership with Liverpool Council, whereby Council provides suitable land (ideally a site of approximately 1,000sqm zoned residential and classified as operational land) for this project to construct and operate a women’s refuge. They are seeking a site that is accessible to public transport, in a safe location, well located near schools and suitable for a build that could accommodate 6 independent units alongside the core of services.

They require identification of a site prior to the EOI for first tranche of funding on 27 April 2023.

Options for the business model, comparable to that at their location in Fairfield LGA would be for a 25–50-year lease between Liverpool Council and BSSL to provide long term security of service, as long as the property is being used for its agreed upon purpose. In a similar partnership BSSL has subsidised rent, council rates are waived and BSSL is responsible for repairs and maintenance of the property.

It should be noted that Council has previously been approached, by other Not for Profit service providers also seeking Council land for establishment of Womens refuge. The lack of suitable surplus sites has been an issue in Council providing assistance.

A site that could potentially accommodate the requirements has been identified at 75-77 Hill Road, Lurnea (comprising Lot 1 DP 513777, Lot 2 DP 513777, Lot 3 DP 513777 and Lot 4 DP51377). This is a Council owned site that is zoned R3 Medium Density and classified as operational land with a total area of 2,770 sqm situated opposite Phillips park, Lurnea. The CT Lewis Centre is identified for demolition in conjunction with the adjacent Aged Care Building currently tenanted by Afford on a month to month tenancy. This site would require a subdivision to accommodate the proposal. This property was estimated to have a value of $2.8M

Subject site 75-77 Hill Road, Lurnea shown edged red on the above map.

It should be noted that in a Confidential report to Council on 30 June 2021 “Further investigation of Surplus Properties” dealt with this property. This report followed previous reports in respect to the identification of potential surplus Council land.

The report identified the potential to provide a funding source for the construction of the new Liverpool Animal Shelter through the investigation and sale of the following sites.

· 75-77 Hill Road, Lurnea (comprising Lot 1 DP 513777, Lot 2 DP 513777, Lot 3 DP 513777 and Lot 4 DP51377)

· 22 First Avenue, Hoxton Park (comprising Lot 1 DP 1220807, Lot 2 DP 1220807 and Lot 3 DP 1220807)

· 9 McLean St, Liverpool (Lot 7 DP 238364)

Council resolved to endorse further investigations into the suitable uses of these properties and to receive a further report upon completion of investigations.

The investigation into the suitable uses for these properties identified the following options:

1. Retain the properties unless a future alternative community need is identified or a funding source is required from these properties for the provision of new/upgraded open space/community facilities in the future.

2. Consider an EOI process for the engagement of community/cultural and Not for Profit organisations for proposals for the use of these sites for community benefit on a potential long term lease basis with a market return.

3. Consider the sale of the properties, subject to determining a Reserve Price and a further report to Council.

Upon undertaking further investigation, it was identified that all three properties may provide future benefit to Council in facilitating a potential land swap required with NSW Housing at Miller or as part of negotiations in the NSW Crown Lands, Land Negotiation Program in addition to potentially realising income from sale.

Even if disposal was an option, given the nature of the property market, it was considered that any potential surplus properties should be retained until the income is required for the provision of new/upgraded open space/community facilities in the future, to ensure that Council captures any capital gains in a rising market.

On this basis it was recommended that Council retain the properties, unless a future alternative community need is identified, or a funding source is required from these properties for the provision of new/upgraded open space/community facilities in the future.

Council resolved to endorse the recommendation to retain the following properties subject to future requirements on the terms outlined in the report.

Based on the current request from BSSL, Council would need to provide approval to proceed with an MOU with BSSL for part of the site (up to 1,000sqm) at 75-77 Hill Road, Lurnea (comprising Lot 1 DP 513777, Lot 2 DP 513777, Lot 3 DP 513777 and Lot 4 DP51377), which would involve a nominal long term lease for a women’s refuge.

This would involve a direct negotiation, noting that other providers have previously approached Council and an EOI, process would not have been undertaken.

This would also result Council foregoing any potential capital value in the site estimated at $2.8M for the term of a long term lease, which could otherwise be utilised for meeting Council’s budget requirements.

Accordingly, direction is required from Council to determine if it will consider entering directly into an MOU for a long-term lease at a nominal rental to BSSL for the provision of up to 1,000sqm of land at 75-77 Hill Road, Lurnea.

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
PLAN 04	Display of Goods on Footpaths - Local Approvals Policy
Attachment 1	Draft Display of Goods on Footpaths Local Approvals Policy

1
CTTE 02	Minutes of the Liverpool Youth Council meeting held 8 November 2022 and the Meeting Notes of the Liverpool Youth Council meeting held 13 December 2022
Attachment 2	Minutes Liverpool Youth Council 8 November 2022

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	073845.2023
Report By	George Hampouris - Head of Audit, Risk and Improvement
Approved By	Anna Rizos - Acting Director Customer & Business Performance

1
CTTE 04	Minutes of the Audit Risk and Improvement Committee meeting held 20 February 2023
Attachment 1	ARIC minutes - 20 February 2023