Addendum Agenda of Ordinary Meeting - Wednesday, 30 August 2023

Ordinary Meeting

30 August 2023

Planning & Compliance Report

PLAN 06

Variation to VPA-11 (146 Newbridge Road Moorebank)

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	284301.2023
Report By	Claire Scott - Coordinator Contributions Planning
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

The purpose of this report is to seek Council support for the public exhibition of the Voluntary Planning Agreement (VPA) between the parties Liverpool City Council and Tanlane Pty Ltd that applies to the land known as 146 Newbridge Road Moorebank, in accordance with section 7.4 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

The Voluntary Planning Agreement is an executed agreement however, the proponent sought amendments to the schedule. The report seeks Council endorsement to place the varied Planning Agreement and Explanatory Note on public exhibition for a minimum of 28 days, in accordance with clause 204 (3) of the Environmental Planning and Assessment Regulations 2021 (EP&A Reg).

The report recommends that post exhibition Council delegate the Power of Attorney to the CEO to execute the varied Planning Agreement should Council not receive any significant public submission, or there are no significant changes other than permitted administration amendments to the exhibited agreement, requiring Council consideration.

The variation to the executed agreements is detailed further in the report. However, it is considered that the amendments do not alter the outcomes provided by the changes to material benefit items.

RECOMMENDATION

That Council:

1. Endorse for public exhibition, the amended Voluntary Planning Agreement VPA-11 and the deed of variation for 28 days in accordance with section 7.5 Environmental Planning and Assessment Act; and

2. Delegate authority the Chief Executive Officer, subject to the considerations noted in the report, to execute the Voluntary Planning Agreement in the form that is publicly exhibition or with minor administrative changes, post exhibition.

REPORT

Background

As part of the draft Liverpool Local Environmental Plan 2008 (LLEP), Council proposed changes to zoning of properties from non-urban to urban zones including business, residential, industrial and recreation.

During the exhibition of the LEP Planning Proposal, Council received an official letter of offer on 23 April 2008 from Tanlane Pty Ltd, to enter into a Voluntary Planning Agreement (VPA) for the dedication of land, works and facilities to the public at the property identified as 146 Newbridge Road, Moorebank, for the rezoning, permitting developable potential of this land.

The VPA was made in accordance to s93F of the Environmental Planning and Assessment Act 1979 (EP&A), now referred to as S7.4. Council publicly exhibited the draft VPA in May 2008 and executed the Planning Agreement on 11 June 2008.

The VPA material benefit scheduled items identified the following:

· Construction and dedication of ‘pedestrian access to Newbridge Road’

· Construction of ‘bike/pedestrian path’ through river foreshore land

· Construction of passive recreation facilities on the river foreshore land

· Embellishment of river foreshore land

· Dedication of river foreshore land

· Development of a Vegetation Management Plan for the river foreshore land

· Conducting maintenance works described in the Vegetation Management Plan

· Construction and dedication of ‘bike / pedestrian link to Brickmakers Drive’

· Dedication of a drainage channel

· Construction and dedication of road bridge over drainage channel embankment and road to Brickmakers Drive

· Dedication of an easement over the land for access for the purpose of allowing council to undertake maintenance to the river foreshore land

The VPA also secured easement of drainage and maritime vessels allowing for vessel crossing for the future marina. The marina vessel crossing would require the installation of a pedestrian/bike bridge to connect the northern and southern recreational lands, and the bridge item was captured in the VPA schedule.

Marina Site Planning Proposal and Development Application

The land zoned ‘RE2 - private recreation’ sought a development proposal to build a future marina, requiring significant earthworks to create the inland marina as well as a vessel entrance. The development of the Marina proposal has had to be considered so far on the impact to the residential and industrial planning agreement offer. Specifically, the foreshore land to be dedicated, the embellishment of the foreshore land and a continuous accessibility to the southern and northern foreshore land.

These considerations as part of the development application process identified the need to amend scheduled items, timing and clauses within the executed Planning agreement applying to the adjacent development.

Council has since approved the development of the marina which has now required a change in the timing of scheduled items, alternate options to the foreshore embellishment, alternate access options in the design for shared pathway access, interface with the foreshore embellishment and Council maintenance access.

The marina works and community safety has been considered in relation to the timing of infrastructure and amendments to works ensuring a continuation of a material public benefit.

The proponent is progressing a separate planning proposal seeking residential development as an additional permissible use to this land. The planning proposal has yet to receive a Gateway determination given outstanding flooding issues. Once a Gateway is issued, a new VPA will be negotiated specifically in relation to this residential development potential of the land.

Residential Development and VPA Schedule changes

The existing executed VPA schedule currently identifies the delivery of infrastructure to be delivered prior to the registration of the 75^th lot. Due to the approval process with the Development Application for the proposed Marina, amendment to the schedule was deemed necessary to allow the developer to continue to release lots to purchases.

The changes proposed also took into consideration changes that take into consideration access and safety. Changes to the schedules were a result of the mitigating risk to community and Council as work within the marina continued and impact future public access areas. With the removal of the bridge over the vessel entrance, a new pathway link was identified via a southern connection pathway traversing around the boundary of the Marina (RE2) land.

The revision and alignment captured the VPA amendments as:

1. Timing of infrastructure to be delivered prior to the registration of the 151^st lot

2. Land to be dedicated prescribed as two separable parcels of land

3. Removal of bridge over marina easement

4. Relocation of shared pathways around the curtilage of the marina

5. Inclusion of additional maintenance over land until land is dedicated

The developer has met in part the agreement of the current VPA, through the registration of a community park and drainage easement associated with the residential development. All other clauses related to rights and responsibilities continue to apply to the planning agreement.

It is considered that the value of the developer contribution in the form of land to be dedicated, infrastructure pathways, foreshore embellishment access and right of carriage easements as well as a stratum cash contribution towards the access bridge has not altered the material public benefit value offered under the current VPA.

Public Exhibition

In accordance with section 7.4 of the Environmental Planning and Assessment Act, a planning agreement cannot be amended unless public notice has been given of the proposed amendment and a copy of the proposed amendment has been available for inspection by the public for a period of not less than 28 days.

Should Council not support the proposed amendment to the existing executed VPA, the developer will be responsible to deliver the works, maintain the land and dedicate the land as per the schedule and the associated timing.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation, as it is considered an agreement to the land already applies, and that the changes to timing and works, provide an equivalent outcome for the community.

CONSIDERATIONS

Economic	Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways.
Environment	Manage the environmental health of waterways. Protect, enhance and maintain areas of endangered ecological communities and high-quality bushland as part of an attractive mix of land uses. Promote an integrated and user-friendly public transport service.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people. Support access and services for people with a disability.
Civic Leadership	Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Environmental Planning and Assessment Act Environmental Planning and Assessment Regulations
Risk	The risk is deemed to be Low. Inability of the developer to deliver on agreement caused by financial impacts resulting in poor community access to public land. The risk is considered within Council’s risk appetite by mitigating through VPA title registration and bonding of works.

ATTACHMENTS

1. VPA-11 - 146 Newbridge Road, Moorebank - Deed of Variation

2. VPA-11/A Voluntary Planning Agreement - 146 Newbridge Road, Moorebank

Ordinary Meeting

30 August 2023

Planning & Compliance Report

PLAN 07

DCP Amendment - Middleton Grange

Strategic Objective	Evolving, Prosperous, Innovative Implement planning controls and best practice urban design to create high-quality, inclusive urban environments
File Ref	241442.2023
Report By	Lilyan Abosh - Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

At its meeting of 25 August 2021 (Attachment 1) Council resolved to forward a revised Middleton Grange local centre planning proposal to the Department of Planning and Environment for finalisation, with a recommendation that the proposal proceeds, subject to completion of the following:

a) The execution of a Planning Agreement that establishes a secure mechanism to deliver the proposed public open space, road upgrades and monetary contribution;

b) The finalisation of an amendment to ‘Part 2.5 – Middleton Grange’ of the Liverpool Development Control Plan 2008; and

c) An amendment to the proposed Land Reservation Acquisition map in the LEP to rectify the inconsistency with the Liverpool Contributions Plan 2008.

The planning proposal was gazetted on 27 April 2022, and commenced on 1 November 2022. This deferred commencement date was provided to allow for a Voluntary Planning Agreement to be finalised, which was then executed on 24 November 2022.

In accordance with the above resolution, amendments are required to ‘Part 2.5 – Middleton Grange’ of the Liverpool Development Control Plan 2008 (the DCP), to ensure the DCP aligns with the finalised planning proposal (Amendment 63).

Most notably, the DCP Amendment seeks to update the road network for the local centre to a grid layout. This includes the provision of a new north-south connecting road (Main Street) to the west of the local centre and a local street (Middleton Drive) connecting with Qantas Boulevarde to the east of the centre.

The amended road network aligns with the road works already approved by Council under various Development Applications. Council has also previously indicated its support for a grid road layout at the Council meeting of 25 September 2019.

Additional site-specific controls for the local centre have also been introduced, to support the vision progressed through the planning proposal. This includes controls that seek to:

· Ensure there is a justified supply of non-residential land above the ground floor, which aligns with the job targets for Middleton Grange;

· Promote activated street frontages that encourage pedestrian activity and passive surveillance;

· Secure the delivery of a publicly accessible park on land zoned E1 Local Centre which is functional and provides high quality amenity through design;

· Implement street setbacks and storey walls that are consistent with the LEP and reflect an appropriate transition to surrounding development; and

· Strengthen the design requirements and controls which concerns development in the local centre.

The DCP Amendment (Attachment 2) has also been informed by feedback from Council’s Traffic and Transport, Contributions Planning, Floodplain and Water Management, and City Design and Public Domain teams.

It is recommended that Council endorses the DCP Amendment and proceeds to publicly exhibit the DCP in accordance with Council’s Community Participation Plan 2022. In accordance with Clause 15 of the Environmental Planning and Assessment Regulation 2021, the draft DCP will be referred to the Liverpool Design Excellence Panel for comment.

Once consultation has occurred and comments have been addressed, a post-exhibition report will be prepared for the next available Council meeting, with a recommendation based on the received submissions.

RECOMMENDATION

That Council:

1. Supports in principle the proposed amendments to the Liverpool Development Control Plan 2008 – Part 2.5 Middleton Grange (the DCP);

2. Delegates authority to the CEO (or delegate) to make minor or typographical changes to the DCP prior to public exhibition;

3. Undertake public exhibition of the DCP amendment, in accordance with the Liverpool Community Participation Plan; and

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

REPORT

BACKGROUND

On 25 June 2015, a planning proposal request was lodged with Council to amend the Liverpool Local Environment Plan 2008 (LLEP 2008) for land at 60-80 Southern Cross Avenue and 45-65 Hall Circuit, Middleton Grange, which forms part of the site for a planned local centre for Middleton Grange. The broad intent of this planning proposal was to facilitate the development of the local centre and reduce the provision of dual zoning across the lots. This planning proposal received a Gateway determination from the Department of Planning and Environment (DPE) and was exhibited between 29 August 2018 and 26 October 2018 with 867 submissions received. A post exhibition report was considered by Council at its 12 December 2018 meeting, where support for the planning proposal was withdrawn.

At its 25 September 2019 meeting, Council resolved to assess and publicly exhibit any revised planning proposal that is submitted by the proponent. Council also confirmed at this meeting its support for the provision of a grid road layout in Middleton Grange.

On 29 October 2019 a revised planning proposal and supporting DCP amendment showing a grid road layout was lodged with Council. These documents were publicly exhibited between 13 November 2019 and 11 December 2019. A total of 240 submissions were received.

On 21 November 2019, planning consultants HillPDA Consulting were engaged to assess the merits of the revised planning proposal, and to undertake a peer review of the Economic Impact Assessment (EIA) submitted by the proponent. During this period, work on the supporting DCP Amendment and Voluntary Planning Agreement (VPA) was also being progressed by Council staff.

At its 25 August 2021 meeting, following an extensive independent assessment and recommendation by HillPDA Consulting, Council resolved (Attachment 1) that it:

5. Endorses the planning proposal, subject to the recommended changes contained within the HillPDA assessment, and forwards it to the Department of Planning, Industry and Environment with a recommendation that the planning proposal proceeds, with a request that finalisation only occurs once the following are completed:

a) The execution of a Planning Agreement that establishes a secure mechanism to delivery the proposed supporting public open space and road upgrades….

b) The finalisation of an amendment to ‘Part 2.5 – Middleton Grange’ of the Liverpool Development Control Plan 2008; and

c) An amendment to the proposed land acquisition map is made to rectify the inconsistency with the Liverpool Contributions Plan 2008.

The revised planning proposal was forwarded to DPE, and was gazetted on 27 April 2022, with a deferred commencement date of 1 November 2022. This deferral was granted to allow time for the VPA to be finalised, which was formally executed on 24 November 2022.

This report seeks Council’s endorsement to progress an amendment to ‘Part 2.5 – Middleton Grange’ of the Liverpool Development Control Plan 2008 (the DCP), which is in alignment with the finalised planning proposal and VPA.

DCP AMENDMENT

Amendments to ‘Part 2.5 – Middleton Grange’ of the DCP are proposed to ensure it is consistent with the planning proposal for the Middleton Grange local centre (Amendment 63). The changes discussed below are to be achieved by amending the controls, maps and figures contained in the DCP.

Road Network

This DCP amendment primarily seeks to update the road network for the local centre to a grid layout. This includes the provision of a new north-south connecting road (Main Street) to the west of the local centre and a local street (Middleton Drive) connecting with Qantas Boulevard to the east of the centre.

The amended road network aligns with the road works approved by Council under DA-64/2007/C (approved 22 May 2020) as well as the approved subdivision pattern of the local centre under DA-74/2015 (approved 1 April 2015). Council has also previously indicated its support for a grid road layout at the Council meeting of 25 September 2019, which enables for a more logical zoning and subdivision pattern (see Figure 1 below).

Figure 1 - Current DCP Road Network (left) and Proposed Road Network (Right)

Other Amendments

Additional site-specific controls have also been introduced, to support the vision progressed through the Middleton Grange local centre planning proposal. This includes controls that seek to:

· Ensure there is a justified supply of non-residential land above the ground floor, which aligns with the job targets for Middleton Grange in the Liverpool Local Strategic Planning Statement ‘Connected Liverpool 2040’;

· Promote activated street frontages that encourage pedestrian activity and passive surveillance;

· Secure the delivery of a publicly accessible park on land zoned E1 Local Centre which is both functional as a park and provides high quality amenity through design;

· Implement street setbacks and storey walls that are consistent with the LLEP 2008 and reflect an appropriate transition to surrounding residential and commercial development; and

· Strengthen the design requirements and controls which concerns development in the local centre.

Various minor amendments have also been made to rectify errors and improve the overall legibility of the DCP. A copy of the DCP Amendment with track changes is attached (Attachment 2).

NEXT STEPS

Subject to Council’s endorsement of the DCP Amendment, community consultation will occur for a minimum period of 28 days, in accordance with Council’s Community Participation Plan 2022. In accordance with Clause 15 of the Environmental Planning and Assessment Regulation 2021, the draft DCP will be referred to the Liverpool Design Excellence Panel for comment.

Conclusion

This amendment will ensure the DCP aligns with the LLEP 2008, following the finalisation of the Middleton Grange local centre planning proposal (LEP Amendment No. 63) by DPE in 2022. It is recommended that Council supports the DCP Amendment to enable community consultation to occur.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	Support the delivery of a range of transport options.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Schedule 1 of the Environmental Planning and Assessment Act 1970 & Clause 13 of the Environmental Planning and Assessment Regulation 2021.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Council Report and Resolution August 2021

2. Draft DCP - Middleton Grange

1
PLAN 07	DCP Amendment - Middleton Grange
Attachment 2	Draft DCP - Middleton Grange

Ordinary Meeting

30 August 2023

Planning & Compliance Report

PLAN 08

Amendment to Fees & Charges for Planning Certificates and Private Certifier Certificate Registrations

Strategic Objective	Evolving, Prosperous, Innovative Implement planning controls and best practice urban design to create high-quality, inclusive urban environments
File Ref	285028.2023
Report By	Kevin Nonweiler - Programme Lead eBusiness and Planning Reform
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

The EP&A Regulation 2021 was amended by the Department of Planning in June 2023 to increase statutory fees for Planning Certificates and Private Certifier Certificate registrations by CPI, commencing mid July 2023 in the 2023/24 Financial Year.

Councils advertised Fees & Charges for Financial Year 2023-24, for these types of Certificates, do not include the uplift of this these fees, and therefore Councils finance department seeks Council approval to align these fees on Councils Fees & Charges Online Portal.

RECOMMENDATION

That Council endorse the increase of statutory fees & charges as detailed in the EP&A Regulation 2021 as amended; and update Council’s Fees & Charges Online Portal accordingly.

REPORT

The statutory fees that were increased by this amendment are:

	Advertised Fee	Amended Fee
Certificates Registration Fee (Complying Development Certificate/Construction Certificate/Occupation Certificate/Subdivision Certificate/Subdivision Work Certificate)	$36	$39
Planning Certificate - Section 10.7(2)	$62	$67
Planning Certificate - Section 10.7(5)	$94	$100
Planning Certificate - Section 10.7(2&5)	$156	$167

Councils advertised Fees & Charges for Financial Year 2023-24, were adopted prior to the above changes to the regulations, and did not include these fees as being subject to change, as there was no prior advice from the Department that they could be subject to change in the 2023-24 financial year.

On 25 July 2023, the Department commenced charging the revised (increased) fees for Certificate Registrations via the NSW Planning Portal and passed these payments onto Council accordingly.

As Councils Fees & Charges Online Portal no longer aligns with the new statutory fees as per the regulations, it is recommended that the Online Portal be updated accordingly to enable Council to collect the increased statutory fees.

FINANCIAL IMPLICATIONS

The increased fee amounts may increase the revenue attached to these statutory certificates in the 2023-24 Financial Year.

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	Fees are mandatory under the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2021
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

30 August 2023

Community & Lifestyle Report

COM 07

Community Shuttle Bus Service

Strategic Objective	Healthy, Inclusive, Engaging Support active and healthy lifestyles by improving footpaths, cycleways and walkways and other infrastructure that promotes and supports active transport
File Ref	285518.2023
Report By	Craig Lambeth - Acting Manager Community Recreation
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

In 2010 Council established a Community Shuttle Bus service. The service was originally established to provide transport linkages from Collimore Park and Whitlam Leisure Centre parking for Council staff working in the Moore Street Offices. Later, access to the service was expanded to allow to access any member of the community.

At the September 2022 Council Meeting, Question Without Notice were raised that related to the intention to continue the Community Shuttle Bus service. In response, Council Officers have undertaken investigations to assess the current and predicted value of the shuttle bus service.

Those investigations indicated that the use of the Community Shuttle Bus service was impacted by the COVID-19 pandemic. To assess the current and future value of the shuttle bus services, Council canvassed the opinion of current staff and residents. The results of that survey are contained in the body of this report. The key outcomes of that survey indicated that 77% of the 113 respondents indicated their future intention to utilise the shuttle bus service.

In 2022/23, the recorded number of passenger trips was 12,818. Under the current Agreement, the annual cost to Council is $118,000 per annum. Council has estimated that this equates to approximate subsidy of $9.21 per individual passenger trip.

Assessment of passenger trips undertaken, post-Covid indicates some significant recovery in numbers from the previous years.

With the Council relocating its offices to Civic Place in 2024, and the subsequent increase in distance from the main commuter parking station at Collimore Avenue, it is expected that usage of the shuttle bus services will be impacted.

RECOMMENDATION

That Council:

1. Receive and notes this report;

2. Support the extension of the Community Shuttle Bus service contract with Big Bus Company until 1 July 2024;

3. Support the implementation of a marketing campaign to maximise awareness of the shuttle bus service;

4. Provide a further report in early 2024 outlining use of, and awareness of the Shuttle Bus Service and recommendation for continuance.

REPORT

Background

In 2010 Council established its shuttle bus services. While initially intended to support Council staff in the relocation of their workplace from Hoxton Park Rd to Moore Street, the service was expanded to provide public access.

Council outsources the delivery of this service to Big Bus Company. Broadly speaking, the shuttle bus service operates between Whitlam Leisure Centre and the Central CBD of Liverpool during peak commute times. The route of travel connects major commuter parking locations with workplace destinations within the CBD areas (refer below). Four (4) services are offered in the morning (between 7.30am and 9.00am) and between 3-4 services of the afternoon (between 4.00pm and 5.30pm) during weekdays. There are no services operating on weekends or public holidays.

The current bus service timetable and route are indicated below.

A map with blue and purple lines

Description automatically generated

Current Contract

Council entered the current contract with Big Bus Company in 2020 for an initial twelve (12) months with an additional 12-month option, expiring December 2022. The contract extension was awarded in 2022 to allow for broader community and staff consultation.

The contract with Big Bus company for shuttle bus services expires in December 2023. Council needs to commence the processes of assessing the value of the community bus services to allow for adequate lead-in time for execution of tendering processes if services are to be continued.

The costs to Council for these services is $118,000 per year (paid bi-annually).

Usage and Demand

Passenger numbers are reported by the current operator each month. In undertaking an assessment of the uptake of the Shuttle Bus Services since January 2021:

· In the 12 months 2022-23, Big Bus Company have provided passenger reports indicating that 12,818 passengers utilised the service throughout 2022-23 financial year. This is a marked increase from the COVID affected period of 2021-22 that attracted 6,955 passengers.

· There are higher volumes of passenger trips throughout the morning bus timetable than the evening timetable.

· The current typical number of passenger trips is approximately 30 persons per day throughout the morning and 18 throughout the evening.

· The subsidy payable by Council regarding this service is approximately $9.21 per trip.

A graph of a shuttle bus attendance

Description automatically generated

In June 2023 Council canvassed internal staff and public opinion on awareness, usage and intended use of the Shuttle Bus Service. The Survey Monkey Survey was live throughout the Month of June and was published on Council’s social media pages, as well as through the Council internal communications directly to staff.

Key findings from the survey results are indicated below:

· 113 responses to the survey were received and reflects a large enough sample size to conclude that the responses are a reasonable reflection of staff and commuters.

· 71% of respondents indicated that they were aware of the shuttle bus service. While this may indicate high levels of awareness of the survey, it may also indicate a bias in respondents to those that have a vested interest in the shuttle bus usage.

· 80% of respondents were aged between 25 and 54 years of age. Only 3% of users were over the age of 65 years. It is not possible to conclude that the responses reflect older residents.

· 75% of respondents identified as being female. This reflects the anecdotal data provided by Big Bus company that indicates greater usage by females than makes.

· 7% of respondents identified as having a disability noting that a further 9% did not disclose.

· 80% used the Shuttle bus service to travel to/from work. This likely reflects the substantial bias in responses from Council staff.

· Of the responses received, 48% indicated that they had never used the service, however 38% indicated that they are frequent users of the service (either once per week of greater). Significantly, 23% indicated that every day (or almost every day) use.

· 42% had indicated that they last used the shuttle bus service within the 30 days prior to completing the survey; and

· 77% indicated an intention to continue to use the Shuttle Bus service.

Conclusion:

It is likely that uptake of the community shuttle bus service reflects some continued impact from COVID-19. The continuation of work from home arrangements (either in full or part), and a slow return in consumer confidence in public transport will likely have a long-term impact on demand for shuttle bus services.

While the number of passenger trips has increased substantially from the COVID period of 2021-22 to current (84%), the average cost to Council per passenger trip is approximately $9.21 (estimated as being approximately $15.73 per individual commuter).

However, it is anticipated, with the relocation of Council offices in Civic Place planned for January 2024, and the subsequent increase in distance and travel time from Collimore parking, it is likely that an impact on shuttle bus usage will result, the extent to which is not yet known. Based on survey data and noting that 77% of respondents indicated the intention to use the shuttle bus service in the future, annual passenger trips exceeding 20,000 could realistically be expected.

It is noted however, that there is significant capacity of the shuttle bus service to accommodate growth in passenger numbers that would be supported by both further investigation in defining current user and non-user demands, and from the execution of a deliberate plan to inflate awareness of the service.

FINANCIAL IMPLICATIONS

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

	2023/24	2024/25	2025/26
Operating budget / LTFP impact	$118,000	$124,000	$131,000

Funding source

S.7.11, grant funding, s.94, General cash reserve etc

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Provide efficient parking for the City Centre.
Environment	Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options.
Social	Support access and services for people with a disability.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

30 August 2023

Corporate Support Report

CORP 05

LGNSW Annual Conference and Board Election

Strategic Objective	Leading through Collaboration Strive for best practice in all Council processes
File Ref	284932.2023
Report By	Jessica Saliba - Acting Manager Council & Executive Services
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

The Local Government NSW (LGNSW) Annual Conference will be held from Sunday 12 to Tuesday 14 November 2023 at Rosehill Gardens Racecourse.

The report provides information in relation to voting delegates which Liverpool City Council will be entitled to for voting at the Board Election and draft motions for Council to consider.

RECOMMENDATION

That Council:

1. Determines who would like to attend the LGNSW Conference at Rosehill Gardens Racecourse from Sunday 12 to Tuesday 14 November and to notify the Councillor Support Officer by 15 September 2023;

2. Determines its voting delegates for voting on motions at the conference, noting that Liverpool City Council is entitled to 10 voting delegates for voting on motions;

3. Determines its voting delegations for the LGNSW Board Election noting that Liverpool City Council is entitled to 10 voting delegates for voting on the Board Election; and

4. Determines the draft motions Councillors would like submitted to the Conference.

REPORT

The LGNSW Annual Conference will be held from Sunday 12 November to Tuesday 14 November 2023 at the Rosehill Gardens Racecourse.

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

The deadline for motions to be submitted to the Conference is 15 September 2023.

This report deals with three components;

1. The Board Election;

2. LGNSW Annual Conference; and

3. Draft motions.

LGNSW Board Election

LGNSW have advised there is a Board Election this year.

The Returning Officer will provide further advice on the lodgment of nominations and procedure of the ballot in due course. We will circulate this information once we receive it.

Members are required to advise LGNSW of the names and postal addresses of their nominated voting delegates for the election by 27 October 2023.

Nominations close for the Board Election on 13 October 2023. Individual Councillors can nominate and this does not require a Council resolution.

Liverpool City Council is entitled to ten (10) voting delegates in the election and the names of the voting delegates are to be determined by Council resolution.

Attendees, voting delegates and motions for LGNSW Conference

The guide for submitting motions is attached to this report.

Member Councils must advise LGNSW of the names of their nominated voting delegates by 27 October. Liverpool City Council is entitled to ten (10) voting delegates.

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

1. are consistent with the objects of LGNSW;

2. relate to or concern local government as a sector in NSW and/or across Australia;

3. seek to establish or change policy positions of LGNSW and/or improve governance of the Association (noting that the LGNSW Board is responsible for decisions around resourcing any campaigns or operational activities, and any necessary resource allocations will be subject to the LGNSW budgetary process);

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

5. are clearly worded and unambiguous in nature; and

6. do not express preference for one or several members over one or several other members.

Draft Motions

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

i. Mental Health Services and Accessibility

MOTION

That LGNSW Government of Association resolve to:

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

2. Make representation to the State and Federal government to urgently implement the findings of mental health services and accessibility report of University of Sydney, Western Sydney University and University of Wollongong to:

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

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

ii. Medicare Psychology Services

Background

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

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

MOTION

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

We have also provided a list of topics for the Council to consider when preparing draft motions;

· Metro Liverpool to Bankstown Extension

· Climate Change

· Affordable Housing

· Aerotropolis

· Cost of Living

· Infrastructure in Liverpool LGA / Austral

· WestInvest Funding and Grants

· Transport and Tolls

FINANCIAL IMPLICATIONS

Costs are expected to be in the order of $1,385 per delegate which includes early bird registration and a Conference dinner.

CONSIDERATIONS

Economic	Costs are expected to be in the order of $1,385 per delegate which includes registration and a Conference dinner. Costs associated with the conference have been included in Council’s 2023/24 budget.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	Raise awareness in the community about the available services and facilities.
Civic Leadership	Act as an environmental leader in the community. 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	The risk is deemed to be low and is within Council’s risk appetite.

ATTACHMENTS

Nil

Ordinary Meeting

30 August 2023

Committee Reports

CTTE 07

Minutes of the Governance Committee meeting held on 22 August 2023

Strategic Objective	Visionary, Leading, Responsible Position Council as an industry leader that plans and delivers services for a growing city
File Ref	276009.2023
Report By	Jessica Saliba - Acting Manager Council & Executive Services
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

A Governance Committee Meeting was held on 22 August 2023.

This report attaches a copy of the minutes of the meeting for Council endorsement.

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Governance Committee meeting held on 22 August 2023; and

2. Endorse the recommendations in the Minutes.

REPORT

The Minutes of the Governance Committee meeting held on 22 August 2023 are attached to this report.

The minutes contain the following actions or Committee recommendations:

Item No. 01 – Development Assessment

Action items:

1. Planning and Compliance to undertake a reflection exercise to have a look at the exceedance to the Height of Buildings standard approved for DA-221/2021 related to 1 Harvey Avenue and 11 Dredge Avenue, Moorebank, and the impact of the exceedance.

Also put to the Panels this is a concern Council has expressed because of a strategic direction.

2. Planning and Compliance to arrange a briefing to the Regional Panel and Local Planning Panel on exceedances to the Height of Building standard.

Item No. 02 – Family Friendly Apartments – Liverpool DCP 2008 Amendment

That the Committee recommends that Council:

1. Note proposed draft amendments to the Liverpool Development Control Plan 2008, Part 4 Development in Liverpool City Centre and Part 3.7 Residential Flat Buildings in the R4 Zone, to encourage family friendly apartments.

2. Note further draft amendments will occur to align Part 3.7 Residential Flat Buildings in the R4 Zone with the Apartment Design Guide.

3. Present draft amendments to the Liverpool Design Excellence Panel, as required by Clause 15 of the Environmental Planning and Assessment Regulation 2021.

4. Receive a Council report detailing the proposed draft LDCP 2008 amendments, detailing the outcomes of the Design Excellence Panel.

The Committee further recommends the following actions to be included in the draft amendments:

· Objectives to allow developer to justify providing alternate dwelling mixes for unique and innovative developments.

· Investigate the existing dual-key apartment provisions to see if amendments to the ‘maximum 10% dual key units’ can be increased.

· Incentives or bonuses to further encourage family friendly apartment development.

· Exceptions to state government policies, for example, communal open space.

Item No. 04 – Comprehensive Heritage Study Report.

Action Items:

i. The CEO requested a consolidated up to date list in an easier format as the current list has multiple tables. The list to also include SEPPs and their register.

ii. Mayor Mannoun asked if Council staff could look into the history of our records to check if there were more studies done, as Mayor Mannoun recalls another study done with more than 20 properties that is not listed in the presentation.

iii. Clr Rhodes requested no consultation in November/December because of the Christmas period.

iv. Senior Heritage Project Officer and Heritage Officer to bring back a further report on how they will do the consultation.

Item No. 08 – LGNSW Annual Conference and Board Election

That the Committee recommends that Council at its 30 August 2023 Council meeting:

1. Determines its voting delegates for voting on motions at the conference, noting that Liverpool City Council is entitled to 10 voting delegates for voting on motions;

2. Determines its voting delegations for the LGNSW Board Election noting that Liverpool City Council is entitled to 10 voting delegates for voting on the Board Election;

3. Determines the draft motions as outlined in the report to be submitted to the Local Government NSW 2023 Conference.

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	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	There are no legislative considerations relating to this report.
Risk	The risk is deemed to be low and is considered to be within Council’s risk appetite.

ATTACHMENTS

1. Minutes of the Governance Committee meeting held on 22 August 2023

1
PLAN 06	Variation to VPA-11 (146 Newbridge Road Moorebank)
Attachment 1	VPA-11 - 146 Newbridge Road, Moorebank - Deed of Variation