AGENDA
Governance Committee Meeting
10 October 2023
Book 1
Level 6, 35 Scott Street, Liverpool NSW 2170
You are hereby notified
that a Governance Committee Meeting of Liverpool City Council will be
held at Level 6, 35 Scott Street, Liverpool NSW 2170
on Tuesday, 10 October 2023 commencing at 10.00am.
Please note this meeting
is closed to the public. The minutes will be submitted to the next Council
meeting.
If you have any enquiries, please contact Council and Executive Services
on 8711 7441.
Hon John Ajaka
CHIEF EXECUTIVE OFFICER
Opening
Apologies
Declarations of Interest
Infrastructure and Planning Committee
ITEM 01 Voluntary
Planning Agreement Monthly Status Report................................... 4......... 1
ITEM 02 Proposed
heritage listing of 124 Moore Street, Liverpool.............................. 14......... 2
ITEM 03 Development
Assessment............................................................................ 113......... 3
ITEM 04 Strategic
Planning Work Program................................................................ 115......... 4
ITEM 05 Compliance
and Enforcement Policy........................................................... 148......... 5
Budget Committee
ITEM 06 Review
of Council's Financial progress, forecasts and assumptions.......... 167......... 6
Strategic Priorities Committee
ITEM 07 Response
report - RV Parks......................................................................... 209......... 7
ITEM 08 Cabramatta
Loop Project Update................................................................. 219......... 8
ITEM 09 Delivery
Management Framework (DMF).................................................... 223......... 9
ITEM 10 Reconciliation
Action Plan September 2023 - September 2024.................. 230....... 10
Strategic Performance Committee
ITEM 11 Independent
Library Review......................................................................... 244....... 11
Closed Session
The
following items are listed for consideration by the Committee in Closed
Session in accordance with the provisions of the Local Government Act 1993 as
listed below:
ITEM 12 Liverpool Civic Place
Project Update
Reason: Item 12 is confidential
pursuant to the provisions of s10A(2)(c) (d i) of the Local Government Act
because it contains information that would, if disclosed, confer a commercial
advantage on a person with whom the Council is conducting (or proposes to
conduct) business; AND commercial information of a confidential nature that
would, if disclosed prejudice the commercial position of the person who
supplied it.
ITEM 13 Position and Staff Budget
Report September 2023
Reason: Item 13 is confidential
pursuant to the provisions of s10A(2)(a) of the Local Government Act because it
contains personal matters concerning particular individuals (other than
councillors).
Close
Governance Committee Meeting
10 October 2023
Infrastructure and Planning Committee Report
|
ITEM 01
|
Voluntary Planning Agreement Monthly
Status Report
|
|
Strategic
Objective
|
Healthy,
Inclusive, Engaging
Improve
liveability and quality of life for the community by delivering vibrant
parks, places and facilities
|
|
File Ref
|
312185.2023
|
|
Report By
|
Yee Lian -
Contributions Planning Officer
|
|
Approved
By
|
Lina Kakish
- Director Planning & Compliance
|
The
purpose of this report is to provide a summary of all activity associated with
Planning Agreements (VPAs), which include VPAs that are offers under review,
negotiation and executed VPA schedule of works, land and monetary
contributions.
That the
Governance Committee receive
and note this report.
This report is prepared to table the status
of Voluntary Planning Agreements (VPAs) for October 2023. The list
outlines the status of each VPA, as well as their individual items.
Items that are stricken through resemble
matters that are considered no longer outstanding.
Items are still outstanding when the works
or land have not commenced, incomplete, under defects, maintenance periods, or
deferred for further diligence / investigations.
Currently Council has:
• 1
Letter of offers under review
• 3
under review and/or negotiation
• 21
current executed VPAs.
There
are no financial implications relating to this recommendation.
|
Economic
|
There are no economic and financial considerations.
|
|
Environment
|
Manage the environmental health of waterways.
Manage air, water, noise and chemical pollution.
Protect, enhance and maintain areas of endangered ecological
communities and high quality bushland as part of an attractive mix of land
uses.
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
|
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulations 2021
|
|
Risk
|
There is no risk associated with this
report.
|
1. Monthly
VPA Status Report - 10 October 2023
|
8
|
|
Item
01
|
Voluntary
Planning Agreement Monthly Status Report
|
|
Attachment
1
|
Monthly
VPA Status Report - 10 October 2023
|
Governance Committee Meeting
10 October 2023
Infrastructure and Planning Committee Report
|
ITEM 02
|
Proposed heritage listing of 124 Moore
Street, Liverpool
|
|
Strategic
Objective
|
Healthy,
Inclusive, Engaging
Embrace the
city’s heritage and history
|
|
File Ref
|
315205.2023
|
|
Report By
|
Thomas
Wheeler - Heritage Officer
|
|
Approved
By
|
Lina Kakish
- Director Planning & Compliance
|
At the
Council meeting of 26 July 2023, the Council resolved to defer the listing of
the property located at 124 Moore Street, Liverpool on Schedule 5 –
Environmental Heritage of the Liverpool Local Environmental Plan (LLEP) 2008,
to enable further consultation with the owner (Scouts NSW) and a presentation
to Council’s Governance Committee (this report).
This report
has been prepared in response to this resolution and includes the following
documents as attachments:
· Attachment A: Heritage Significance Assessment, Edwards Heritage,
prepared for Liverpool City Council.
· Attachment B: Heritage Significance Assessment, DFP Planning,
prepared for Scouts NSW.
· Attachment C: Follow up response from Scouts NSW.
· Attachment D: Copy of the Council report tabled 26 July 2023.
This report
does not re-assess the heritage significance assessments prepared for this site
and reference should be made to the 26 July 2023 Council report (Attachment
D) for that specific information. This report focuses on the consultation
process and post 26 July 2023, actions and responses to the additional
submission from Scouts NSW.
That the Governance Committee receives and
notes this report.
The Governance Committee recommends:
That
Council receives a
report to a future Council meeting to decide whether to prepare a
planning proposal to amend the Liverpool Local Environmental Plan 2008 to list
124 Moore Street, Liverpool under Schedule 5 –
Environmental Heritage.
Background
A detailed summary of the background of the proposal is contained in the
Council report tabled at the 26 July 2023 Council meeting (Attachment D).
In summary:
· February 2021 – Council resolved to
issue an Interim Heritage Order (IHO) for the property which was then gazetted
by the NSW government;
· March 2021 – Edwards Heritage was
engaged by Council to prepare an Assessment of Heritage Significance for 124
Moore Street, Liverpool (Attachment A);
· June 2021 – Council resolved to prepare a
planning proposal to list 124 Moore Street (and other properties), Liverpool in
Schedule 5 - Environmental Heritage of the Liverpool Local Environmental Plan
(LLEP) 2008;
· February 2022 – Council resolved to
endorse the planning proposal (Amendment 95) and forward to the Department of
Planning and Environment (DPE) seeking a Gateway determination;
· May and June 2022 – The planning
proposal was on public exhibition;
· July 2022 – Council received a
request from the landowner to defer the heritage listing and requested six
months to engage a heritage consultant to peer review the Heritage Significance
Assessment prepared for Council;
· October 2022 – Council resolved to
receive a further report and recommendation following further consultation with
the owner of 124 Moore St, Liverpool;
· April 2023 – Scouts NSW provided a
response (Heritage Significance Assessment, DFP Planning (Attachment B);
· July 2023 – Council considered a report
recommending that a planning proposal is progressed to heritage list the 124
Moore St property.
A decision was deferred at the July meeting where it
was resolved that Council:
1. Defer this item and refer this matter to a
Governance Committee Meeting for further consultation with the landowners.
2. Discuss at the Governance Committee Meeting how we
prevent this happening in the future.
After
the Council meeting, the landowner was invited to provide any further
information that they wished to be considered in Council making a decision.
Further written advice was provided by Scouts NSW and DFP Planning (Attachment C). The additional advice summarises the points
presented by the DFP Consultant at the July Council meeting, including the
provision of justification for the consideration of buildings across the State
or Sydney as a part of the comparative analysis.
Matters raised at the 26 July 2023 Council Meeting
This
section addresses several issues raised during the Council meeting as a part of
the considerations of this proposed heritage listing, as well as the proposed
IHO for the property located at 15 Heathcote Road, Moorebank.
Land Zoning
While
the property is zoned MU1 Mixed Use, it is currently a small land-locked parcel
given that it is surrounded by strata-listed 1970/80s apartments. As a result,
there is currently limited development potential of the property located at 124
Moore Street, Liverpool.
Assessing Significance
The
assessment of heritage significance is guided by the ICOMOS Australia Burra
Charter (globally accepted as an industry-leading framework for heritage
significance) and the NSW Guidelines for Assessing Heritage Significance. In
reviewing a report on heritage significance, a benchmark to consider is whether
the consultant has used these documents to inform the process they followed and
the outcomes they assessed. This means that the consultant is following industry
best practice. Both heritage reports (Attachment A and B) adhere to this framework.
Previous Heritage Studies
The
primary heritage study used as a reference tool within Liverpool is the 1992
study prepared by Neustein and Associates. The study followed the traditional
expert lead methodology implemented through a street survey across the
Liverpool LGA. This study did not incorporate an assessment of significance or
any sort of formal assessment criteria and was based on the visual presentation
to the street. In total, approximately 400 potential heritage items were
identified but only 115 were listed.
In
2005, a review was undertaken by the Council of the original heritage study as
a part of the preparation of the 2008 Local Environmental Plan. The study
confirmed 380 potential heritage items, however, the Administrator at the time
stated that only potential items supported by the landowner would be listed. As
a result of this ruling, no additional items were added to the heritage
register.
In
2015, a small, targeted heritage study was undertaken by Council’s
Heritage Advisory Committee focusing on potential items of note at that time.
This resulted in a small pool of potential items. This study was deferred by
Council with no action taken.
The
Liverpool Comprehensive Heritage Study which is now underway is designed to
provide a coordinated response to identifying potential gaps in the existing
heritage register and to minimise an ad hoc approach being taken to identify
and protect heritage items across the Liverpool LGA. The majority of the
project will be completed utilising internal resources. Consultants will be
required to undertake the land use economics and land use planning study
components of the project. Budget has already been approved and allocated to
fund these activities.
Council Staff
Comments on Heritage Significance
In
assessing the property located at 124 Moore Street, Liverpool, the assessment
considers the significance the building has within the local context. While
there may be value in comparing the building to assets across the state in
terms of technical significance, its value in considering the item for historic
significance and even rarity within the context of Liverpool is minimal.
Furthermore,
the fact that 4 out of 23 scout halls are heritage-listed cannot be
categorically associated with a lack of significance for the subject property.
There are various factors that can impact this outcome, including the
following:
- The appetite within the relevant Council to heritage
list properties;
- Whether a heritage study been undertaken; and
- Whether support or objections have been raised by
state agencies and / or the community.
Therefore,
it is acknowledged that there are potential variables which inform the outcome.
In
relation to their being no active use for the building by Scouts NSW currently,
this is considered only a minor consideration. Many heritage properties are no
longer used for their original purpose or no longer have a direct connection to
their original owner. This is the case for numerous heritage properties in
Liverpool including:
- The Former Liverpool Courthouse;
- Liverpool State Hospital;
- Casula Powerhouse Arts Centre (former power station);
and
- The Liverpool School of Arts.
The
assessment of significance guidelines is clear that the previous user or owner
does not need to be still using the asset, but there should be the ability to
read that association within the fabric of the building or in its history,
which can again be associated with the building.
For
these reasons, it is the opinion of Council officer’s that there are still
valid grounds for the heritage listing of the property.
There
are no financial implications relating to this recommendation.
|
Economic
|
There are no economic and financial considerations.
|
|
Environment
|
There are no environmental and sustainability
considerations.
|
Social
|
Preserve and maintain heritage, both landscape and cultural as urban
development takes place.
|
Civic
Leadership
|
There are no civic leadership and governance
considerations.
|
|
Legislative
|
There are no legislative considerations relating to
this report.
|
|
Risk
|
The risk is deemed to be Low. There is a
low civic and cultural risk that if the subject property is not heritage
listed and subsequently demolished, that there will be community frustration
and criticism.
|
1. Assessment
of Significance - Edwards Heritage
2. Heritage
Significance Assessment - DFP Planning
3. Follow
up response from Scouts NSW
4. Council
Report 26 July 2023
|
1
|
|
Item
02
|
Proposed
heritage listing of 124 Moore Street, Liverpool
|
|
Attachment
1
|
Assessment
of Significance - Edwards Heritage
|
|
1
|
|
Item
02
|
Proposed
heritage listing of 124 Moore Street, Liverpool
|
|
Attachment
2
|
Heritage
Significance Assessment - DFP Planning
|
|
1
|
|
Item
02
|
Proposed
heritage listing of 124 Moore Street, Liverpool
|
|
Attachment
3
|
Follow
up response from Scouts NSW
|
|
1
|
|
Item
02
|
Proposed
heritage listing of 124 Moore Street, Liverpool
|
|
Attachment
4
|
Council
Report 26 July 2023
|
Governance Committee Meeting
10 October 2023
Infrastructure and Planning Committee Report
|
ITEM 03
|
Development Assessment
|
|
Strategic
Objective
|
Liveable, Sustainable,
Resilient
Deliver
effective and efficient planning and high-quality design to provide best
outcomes for a growing city
|
|
File Ref
|
322837.2023
|
|
Report By
|
William
Attard - Manager Development Assessment
|
|
Approved
By
|
Lina Kakish
- Director Planning & Compliance
|
This report is prepared to table a
snapshot of key Development Assessment (DA) statistics.
That the Governance Committee
receives and notes the Development Assessment report.
The following key Development
Assessment (DA) statistics are provided:
Development Applications and
Class 1 Appeals
|
Outstanding Development
Applications (DAs)
|
|
31 August 2023 (Prior Report)
|
524 DAs
|
|
30 September 2023
|
474 DAs
|
|
Difference in Reporting Periods
|
50 DAs
|
|
Active Class 1 Appeals
|
|
31 August 2023 (Prior Report)
|
42 Appeals
|
|
30 September 2023
|
46 Appeals
|
|
Difference in Reporting Periods
|
4 Appeals
|
|
Development Applications (DAs)
Received & Completed (September 2023)
|
|
DAs Received
|
188 DAs
|
|
DAs Completed
|
207 DAs
|
|
Development Application (DA)
Approval Statistics (September 2023)
|
|
DAs Approved
|
54 DAs
|
|
Total Capital Investment Value ($)
|
$82M Capital Investment Value
|
|
New Lots Approved
|
248 Lots
|
|
New Homes Approved
|
35 Homes
|
|
DA Fees Released from Trust ($)
|
$337k Fees
|
|
Contribution Fees Raised ($)
|
$5M Contributions
|
Development Assessment (DA)
Team Vacancy (Technical Officers Only)
|
Position
|
Positions
|
Vacancy
|
|
Principal Planner
|
1
|
0
|
|
Senior DA Planners
|
10
|
5
|
|
Senior Planning Advisory Officers
|
2
|
1 (Extended Leave)
|
|
DA Planners
|
14
|
0 (1x Vacancy filled since August)
|
|
Student Planners
|
4
|
1
|
|
Duty Officers
|
2
|
0
|
There
are no financial implications relating to this recommendation.
|
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
|
Undertake communication practices with the community and stakeholders
across a range of media.
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.
|
Nil
Governance Committee Meeting
10 October 2023
Infrastructure and Planning Committee Report
|
ITEM 04
|
Strategic Planning Work Program
|
|
Strategic
Objective
|
Liveable,
Sustainable, Resilient
Deliver
effective and efficient planning and high-quality design to provide best outcomes
for a growing city
|
|
File Ref
|
328425.2023
|
|
Report By
|
Luke Oste -
Coordinator Strategic Planning
|
|
Approved
By
|
Lina Kakish
- Director Planning & Compliance
|
This report is prepared to
table the Strategic Planning Work Programme for October 2023.
That the Governance
Committee recommends that Council receives and notes this report.
This report is prepared to table the Strategic
Planning Work Program for October 2023 (Attachment 1). The Work Program
outlines the status of each planning proposal, as well as broader strategic
planning projects.
There
are no financial implications relating to this recommendation.
|
Economic
|
There are no economic and financial considerations.
|
|
Environment
|
There are no environmental and sustainability
considerations.
|
Social
|
There are no social and cultural considerations.
|
Civic Leadership
|
Provide information about Council’s services, roles and decision
making processes.
|
|
Legislative
|
There are no legislative considerations relating to
this report.
|
|
Risk
|
There is no risk associated with this
report.
|
1. Work
Program - Strategic Planning
|
1
|
|
Item
04
|
Strategic
Planning Work Program
|
|
Attachment
1
|
Work
Program - Strategic Planning
|
Governance Committee Meeting
10 October 2023
Infrastructure and Planning Committee Report
|
ITEM 05
|
Compliance and Enforcement Policy
|
|
Strategic
Objective
|
Healthy, Inclusive,
Engaging
Improve
liveability and quality of life for the community by delivering vibrant
parks, places and facilities
|
|
File Ref
|
328175.2023
|
|
Report By
|
David Day -
Acting Manager Community Standards
|
|
Approved
By
|
Lina Kakish
- Director Planning & Compliance
|
In late 2015 the NSW Ombudsman issued Enforcement
Guidelines and a Model Policy for Councils. The Policy provides structure for
consistency and transparency in decision-making regarding compliance and
enforcement issues and facilitates a proportional approach to compliance and
enforcement based on risk and impact.
The draft Compliance and Enforcement Policy is
intended to replace Council’s Current Enforcement Policy (adopted on 23
November 2022).
The key changes to
the Policy include:
· The title has been changed to include both compliance
and enforcement;
· It has been updated to reflect the principles of the
NSW Ombudsman‘s Guidelines and Model Policy for Councils;
· The Policy provides greater clarity on the use of
discretion; and
· The Policy proposes a proportionate
approach to enforcement and compliance management based on the level of risk in
regard the unlawful activity and the resources available.
That the
Governance Committee recommends:
That
Council:
1.
Endorse the draft ‘Compliance &
Enforcement Policy’ for public exhibition for a period of not less than
28 days (Attachment 1); and
2.
Delegates to the CEO
the finalisation of the ‘Compliance
& Enforcement Policy’,
should no submissions be received; or report back to Council the details of the
submissions upon conclusion of the exhibition period.
As a regulator, Council is obliged to properly deal
with allegations about unlawful activities. These regulatory functions include
planning, building and construction, environmental and public health, safety,
car parking and transport, companion animal management, and public and natural
area regulation.
This may also include activities that are prohibited
or unauthorised or contrary to the terms of a consent or approval. A failure to
properly deal with allegations and compliance can have adverse outcomes for the
community and expose Council to liability and subsequent litigation expenses.
The Policy outlines matters for consideration through
the various stages of the process from receipt of unlawful activity complaints
through to the types of enforcement actions that can be considered, including
the use of discretion.
A key aspect of the Policy is the inclusion of a
“risk matrix” which provides guidance on how Council will
prioritise, and action complaints received, particularity during times where
the number of complaints received exceed the available resources dedicated to
investigations.
Currently, with the exception of the most serious
public safety matters, requests are dealt with in the order they are received
and utilising the same investigative process (site visit etc). Given the
available Council resources, the current process has resulted in a backlog of
more than 700 unactioned requests with wait times far exceeding 12 months.
The Policy is intended to give priority to the high
risk complaints where a full investigation will be conducted. Lower risk
complaints may be dealt with via the use of discretion (i.e. no action) or
alternatively via “letters of cooperation”. Letters of cooperation
will provide information on how the customer may be able to resolve the issue
via other means. This may include speaking with their neighbour, seeking the
support of the Community Justice Centre (mediation), other requests that may be
better dealt with via for example a strata corporation or other agency (such as
NSW Police or the NSW Housing).
As staff resources become available, more detailed
investigations of complaints other than high risk would be able to occur.
The benefits of this approach include a focus on the
more serious matters in our community i.e. where there is a threat to persons,
property or the environment and a more timely response to concerns from our
community. This approach also provides clear communication and expectations on
how Council will respond.
As part of the implementation of a revised Compliance and Enforcement Policy Council will need to make internal administrative changes to
its processes to manage the impact of the Policy changes. This includes
developing processes and forms / checklists, standard letters used to respond
to low risk and impact concerns. It is also planned that a significant review
and update of the information available to the community on Council’s
Website be carried out.
There
are no financial implications as a result of this report.
|
Economic
|
There are no economic and financial considerations.
|
|
Environment
|
Manage the environmental health of waterways.
Manage air, water, noise and chemical pollution.
Protect, enhance and maintain areas of endangered ecological
communities and high quality bushland as part of an attractive mix of land
uses.
Raise community awareness and support action in relation to
environmental issues.
|
Social
|
There are no social and cultural considerations.
|
Civic
Leadership
|
Act as an environmental leader in the community.
Undertake communication practices with the community and stakeholders
across a range of media.
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.
|
|
Risk
|
The risk is deemed to be Medium.
|
1. Draft
Enforcement and Compliance Policy
|
1
|
|
Item
05
|
Compliance
and Enforcement Policy
|
|
Attachment
1
|
Draft
Enforcement and Compliance Policy
|
Governance Committee Meeting
10 October 2023
|
ITEM 06
|
Review of Council's Financial progress,
forecasts and assumptions
|
|
Strategic
Objective
|
Visionary,
Leading, Responsible
Ensure
Council is accountable and financially sustainable through the strategic
management of assets and resources
|
|
File Ref
|
315158.2023
|
|
Report By
|
Vishwa Nadan
- Chief Financial Officer
|
|
Approved
By
|
Farooq
Portelli - Director Corporate Support
|
In
June 2023 the Council adopted its 2023-24 operating budget with estimated
revenue of $379.3 million and expenditure of $250.8 million. In terms of
the net operating result before grants and contributions provided for capital
purposes, Council budgeted for an operating deficit of $3.7 million.
Based on Council resolutions,
program initiatives, and market trends up to 31 August 2023, Council is
projecting to report an operating deficit of $5.6 million at 30 June 2024. Key
points include:
· Higher market interest rates and cash
holdings due to unspent Liverpool Civic Place loan funds is expected to yield
additional $3 million interest earnings.
· Council’s inability to fulfill
conditions precedent (TNSW approval for road closure/ reallocation of services
etc) for sale of 24 Scott Street has delayed realisation of $1.9 million
expected gain on sale.
· On-going review of resource requirements to
achieve corporate initiatives has resulted in an investment in additional
positions and program costs. The cost associated with engagement of additional
staff resources is expected to be absorbed by salary savings from vacancies and
deferred recruitment across the Council. Program costs in the order of $800k
are estimated.
· Additional $23 million loan for the
Liverpool Civic Place is expected to be drawn down in November 2023 and will
increase borrowing costs by $0.7 million in FY 2023/24.
· Inclusion of $0.8 million cost for
replacement of non-energy efficient streetlights that is expected to reduce
electricity costs in forward years. Endeavor Energy will also issue resaleable
energy credits that can be sold in forward years.
· Inclusion of $0.2 million additional legal
expenses relating to court action taken against Canterbury/ Bankstown Council
on Voyager Point Footbridge matter.
The
report further highlights key risk and opportunities that will potentially
impact on the projected result.
Key points include:
· Favourable interest markets are expected to
generate additional $2 million interest income.
· Grants Commission has paid 2023/24 FAG in
advance. Any change in their policy will increase budget deficit.
· Depending on depth of road surfaces
removed, the write-off cost can be higher than expected.
In
relation to the budget for FY 2023-24, attached presentation includes
principles of sound financial management and sustainability, historical trends,
and cost analysis of Councils functions and services.
That the
Governance Committee receives
and notes the report.
Budget Performance
In June 2023 the Council adopted its 2023-24
operating budget with projected revenue of $379.3 million and expenditure of
$250.8 million. In terms of the net operating result before grants and
contributions provided for capital purposes, Council budgeted for an operating
deficit of $3.7 million.
Based on Council resolutions, program
initiatives, and market trends up to 31 August 2023, Council is projected to
report an operating deficit of $5.6 million at 30 June 2024.
Key points include:
· Higher market interest rates and cash holdings
due to unspent Liverpool Civic Place loan funds is expected to yield additional
$3 million interest earnings.
· Council’s inability to fulfill
conditions precedent (TNSW approval for road closure/ reallocation of services
etc) for sale of 24 Scott Street has delayed realisation of $1.9 million
expected gain on sale.
· On-going review of resource requirements to
achieve corporate initiatives has resulted in an investment in additional
positions and program costs. The cost associated with engagement of additional
staff resources is expected to be absorbed by salary savings from vacancies and
deferred recruitment across the Council. Program costs in the order of $800k
are estimated.
· Additional $23 million loan for the
Liverpool Civic Place is expected to be drawn down in November 2023 and will
increase borrowing costs by $0.7 million in FY 2023/24.
· Inclusion of $0.8 million cost for
replacement of non-energy efficient streetlights that is expected to reduce
electricity costs in forward years. Endeavor Energy will also issue resaleable
energy credits that can be sold in forward years.
· Inclusion of $0.2 million additional legal
expenses relating to court action taken against Canterbury/ Bankstown Council
on Voyager Point Footbridge matter.
Operating Revenue
Budget performance of key sources of
operating revenue were as follows:
Operating Expenditure
Budget performance of key areas of operating expenses
were as follows:
Cash Reserves
At 31 August 2023, Council had $431 million in cash and
investments classified as follows:
Risks & Opportunities
The following risks and opportunities have
been identified with the potential to change the projected budget result for FY
2023/24 to a deficit of $9.2 million.
i) Interest on Investments [Risk
Probability: Highly Likely] – based on current market interest rates
and expected cash holdings, Council will further exceed its budget by $2.0
million for interest on investment income.
ii) FAG Operating Grant [Risk Probability:
Low/Moderate] – The NSW Grants Commission fully paid 2023/24
financial assistance grant in advance. Any change to their position for
FY2024/25 is not known at this stage.
iii) Net Loss from Disposal of Assets [Risk
Probability: Highly Likely] – As part of the road renewal process, a
portion of the road surface is scrapped off and then replaced. The replacement
cost is capitalised, however, there is a written down value attached to the
portion removed. The cost of write-off depends on the condition of the road at
time of renewal and depth of surface removed.
Budget FY 2024/25
The Governance Committee at its last month’s
meeting agreed to follow the timelines below to formulate 2024/25 operating and
capital budget.
|
Activity
|
Timelines
|
|
1. Discuss timetable
and approach
|
22-Aug-2023
|
|
2. Identify range of
Council activities / services
|
22-Aug-2023
|
|
3. Classify all services:
a. Required by legislation.
b. Core services
c. Non-core services
d. Support functions
|
Oct-2023
to
Feb 2024
|
|
4. Develop priority guidelines
|
|
5. Review of Services
|
|
6. Prioritise capital works program
|
|
7. Review:
a. LTFP assumptions
b. Projected performance ratio’s
c. Articulate variations for “pessimistic” and
“optimistic” scenarios and action plans
|
|
8. Draft Budget and LTFP endorsed for public exhibition
|
Mid Apr-2024
|
|
9. Draft Budget and LTFP Public exhibition period
|
May-2024
|
|
10. Council
adopts Delivery Plan, Operational Plan and LTFP
|
26-Jun-2024
|
The
attached presentation includes principles of sound financial management and
sustainability, historical trends, and cost analysis of Councils functions and
services for deliberation by Councillors.
1. 2023-24
Budget Variance Analysis - August 2023
2. Governance
Committee 2024-25 Budget Presentation - Oct 2023
|
1
|
|
Item
06
|
Review
of Council's Financial progress, forecasts and assumptions
|
|
Attachment
1
|
2023-24
Budget Variance Analysis - August 2023
|
|
1
|
|
Item
06
|
Review
of Council's Financial progress, forecasts and assumptions
|
|
Attachment
2
|
Governance
Committee 2024-25 Budget Presentation - Oct 2023
|
Governance Committee Meeting
10 October 2023
Strategic Priorities Committee Report
|
ITEM 07
|
Response report - RV Parks
|
|
Strategic
Objective
|
Evolving,
Prosperous, Innovative
Market
Liverpool as a business destination and attract investment
|
|
File Ref
|
290535.2023
|
|
Report By
|
Susana
Freitas - Visitor Economy Officer
|
|
Approved
By
|
Shayne
Mallard - Director City Futures
|
At
the 18 July 2023 Governance Committee Meeting, the Committee resolved to
receive a report back on the feasibility of a Recreational Vehicle Park (RV
Park) within the Liverpool LGA including:
1. Further flood planning investigation
2. Possible sites that meet the criteria from Campervan
and Motorclub of Australia and are available for the next 10 years
In July 2023, Council identified seven sites which met
the size criteria set by Campervan and Motorclub of Australia (CMCA).
Attachment 1 provides details on every potential site within the LGA that meets
the size criteria provided by CMCA. In summary, of the seven sites identified
only two met all the criteria set by CMCA, and only one of these two sites,
Black Muscat Park and Angle Park, is currently suitable for an RV Park due to
limited flood risks at the park. The conversion of Black Muscat Park and Angle
Park to an RV Park will have significant impacts on current recreational users
within the community. Black Muscat Park attracts the highest number of passive
park users of any space within the Chipping Norton Lakes. The conversion to an
RV Park will likely disadvantage current users. Lehmanns Oval, Liverpool is suitable under the provision of a vehicle
access bridge over the high flood risk area at a cost to Council.
That the
Governance Committee recommends Council:
1. Receives and notes the report;
2. Notes the significant impact transforming Black Muscat
Park and Angle Park will have on community access to open green space; and
3. Make the recommendation if Council is to
proceed with consultation with the Chipping Norton Lake Authority to transform
Black Muscat and Angle Park or receive official costings to transform Lehmanns
Oval to an RV Park for 10 years.
At
the 18 July 2023 Governance Committee Meeting, the Committee resolved to
receive a report back regarding the feasibility of an RV Park within the
Liverpool LGA including:
1. Further flood planning investigation
2. Possible sites that meet the criteria from Campervan
and Motorclub of Australia and are available for the next 10 years.
In
the July 2023 Governance Committee report, Council presented seven potential
locations that met the size criteria provided by Campervan and Motorhome Club
of Australia (CMCA). Of those seven sites, two were identified as suitable for
an RV Park and meeting all criteria requested. Attachment A highlights the
suitability of each site and flood risk. Of the sites identified only Black
Muscat Park and Angle Park, Chipping Norton, are currently suitable as they
meet the criteria specified by CMCA and are a suitable flood risk due to
sufficient evacuation opportunities and warning times.
Black
Muscat Park and Angle Park are
situated within the Chipping Norton Lakes Parklands and are highly utilised for
passive recreation purposes and is Council’s most popular parkland
destination. The spaces attract large volumes of users predominantly for group
and family gatherings and the conversion to an RV Park would be significantly
impactful to the community, including removal of access to public open green
space and significant impacts on parking availability along the Chipping Norton
Lakes and Parklands.
The site is also opposite residential properties that
would likely be negatively impacted by the conversion to an RV Park.
Consideration should be made to the potential environmental impact given the
proximity of the location to the Chipping Norton Lakes and Georges River. The site is owned by the Chipping Norton Lake
Authority. Change of current use to accommodate an RV Park for 10 years, as
adopted in the July 2023 Governance Committee Meeting, will require
consultation and approvals from the Chipping Norton Lake Authority.
Lehmanns
Oval, Liverpool is suitable under the provision of a vehicle access bridge over
the high flood risk area at a cost to Council. Lehmanns Oval has no current
users and was decommissioned by Council due to significant vandalism. CMCA is
unable to cover the costs of any remedial works required for any site.
Indicative cost estimates indicate that the cost for the bridge installation
would exceed $200,000.
There
are no budget provision or funding allocated in the long-term financial plans
for these works.
|
Economic
|
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
|
Preserve and maintain heritage, both landscape and cultural as urban
development takes place.
|
Civic Leadership
|
There are no civic leadership and governance
considerations.
|
|
Legislative
|
There are no legislative considerations relating to
this report.
|
|
Risk
|
The risk is deemed to be Medium.
Installation of an RV Park at Black
Muscat Park and Angle Park Chipping Norton will cause the displacement of
current users, cause potential negative impacts on adjacent residents and
will require a thorough environmental impact assessment. The risk is
considered outside Council’s risk appetite.
|
1. RV
Parks suitable sites with flooding
|
1
|
|
Item
07
|
Response
report - RV Parks
|
|
Attachment
1
|
RV
Parks suitable sites with flooding
|
Governance Committee Meeting
10 October 2023
Strategic Priorities Committee Report
|
ITEM 08
|
Cabramatta Loop Project Update
|
|
Strategic
Objective
|
Evolving,
Prosperous, Innovative
Continue to
invest in improving and maintaining Liverpool’s road networks and
infrastructure
|
|
File Ref
|
298241.2023
|
|
Report By
|
Jennifer
Reynolds - Senior Officer, Business Development
|
|
Approved
By
|
Jason Breton
- Director Operations
|
The
Cabramatta Loop project is an Australian Government funded project which aims
to alleviate road congestion and increase capacity in Sydney’s freight
network. A presentation to the Governance Committee will be facilitated by the
Australian Rail Track Corporation (ARTC) project team who are responsible for
project delivery.
The
presentation will be delivered by ARTC Senior Project Manager Richard Tang and
Stakeholder Engagement and Communications Manager NSW Alec Brown, and will
provide the opportunity for committee members to review the project status and
conduct Q&A with the presenters.
The Governance
Committee receives
and notes the status of the Cabramatta Loop Project update.
Background
The Southern Sydney Freight Line (SSFL) is
a dedicated 36-kilometre-long single
bi-directional train freight track-line
located between Macarthur and Sefton in South-West Sydney.
The Cabramatta Loop Project involves the
construction and operation of a passing loop on the SSFL to enable freight
trains of up to 1,300 metres long to pass in either direction on the existing
rail corridor between the Hume Highway and Cabramatta Road East overbridges in
Warwick Farm and Cabramatta respectively.
The Australian Rail Track
Corporation (ARTC) is delivering the project on behalf of the Australian
Government.
Major construction
started in early 2022 and the project is due to be completed in early 2024.
The ARTC Senior Project Manager and
Stakeholder Engagement and Communications Manager NSW will present at the
October 2023 Governance committee regarding project aims and benefits to the
local community. Highlights from the presentation will include:
· Australia’s freight
network is set to experience significant growth over the coming decades. The
existing freight infrastructure cannot support this projected growth with
increasing pressure on already congested roads and rail lines through Sydney.
With one train able to move the same number of containers as 54 trucks, the
Cabramatta Loop project will encourage a freight transport mode shift from road
to rail by increasing the capacity on the freight rail network, helping to
reduce truck movements and associated traffic congestion.
· Construction scope includes a new rail
track, track re-alignment, construction of two new bridges next to the existing
bridges over Sussex Street, Fairfield, and Cabramatta Creek Road, Warwick Farm,
works at Jacquie Osman Reserve Warwick Farm, retaining wall and ancillary works
including communication, signalling and power upgrades.
· Jacquie Osmond Reserve Warwick Farm update
including discussions with NSW Department of Planning and Environment on
planning pathways to enable the donation of a number of project infrastructure,
including hardstand and site offices to council for community use.
· Current project status involving
landscaping works, track works and the installation of new fencing on Jacquie
Osmond Reserve.
· Community Engagement program.
Diagram 1 Cabramatta Loop
Scope of Works
There
are no financial implications to council.
|
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
|
There are no legislative considerations relating to
this report.
|
|
Risk
|
There is no risk associated with this
report.
|
Nil
Governance
Committee Meeting
10 October 2023
Strategic Priorities Committee Report
|
ITEM 09
|
Delivery Management Framework (DMF)
|
|
Strategic
Objective
|
Liveable,
Sustainable, Resilient
Deliver
effective and efficient planning and high-quality design to provide best
outcomes for a growing city
|
|
File Ref
|
315139.2023
|
|
Report By
|
Jason Breton
- Director Operations
|
|
Approved
By
|
John Ajaka -
Chief Executive Officer
|
In
2023 the Operations Directorate conducted a review of how Council delivers
Major Projects, in fact all its Projects. This review was triggered by several
concurrent investigations:
· An analysis of the effectiveness of
traditional project reporting
· An analysis of the commercial success (or
otherwise) of project delivery
· An audit of Infrastructure Delivery (2022
Audit)
· The review of the Delivery Plan Operation
Plan (DPOP); and
· A financial review of Major Infrastructure
Project delivery including Civic Place.
These investigations were undertaken internally at a
time when Council also received >$160 million AUD in WestInvest funding.
With this funding arrived significant requirements as
to how Council needed to report on Major Projects.
In designing our response, and by using WestInvest as
the catalyst, Council has designed and is delivering a new approach – the
Delivery Management Framework (DMF).
Initially
focused on Major Projects >$5 million dollars, the DMF will be extended to
everything we deliver at Council. Essentially the DMF is made up of:
· An online framework of standard forms and
templates, managed centrally
· Increased transparency in project
financials with direct inputs from Tech One®
· Data Analysis and Project Health Reporting
via PowerBI®
Collectively
the DMF allows the Director Operations to understand five key project metrics.
1. The budgeted cost of the project
2. The timelines for project delivery
3. The cost of the project to date
4. Committed funds for the ensuing period; and
5. The project’s cost to complete.
This
model of transparency and project visibility will allow early identification of
‘red flags’ to the project and prepare the Directorate better in
managing its wider portfolio of works. With better management, Council expects
to see efficiencies in project delivery that will ultimately save money and
time.
That the
Governance Committee notes the information.
There has been insufficient rigor[1]
around project performance at Liverpool City Council in that:
· There were no documented guidelines for
project budget planning or review.
· There were no guidelines to assess the
complexity of projects to assist delivery.
· The Infrastructure Delivery Team managed
projects manually and in relative isolation.
· No contract management nor supplier
performance was evident to improve delivery.
· Key project documents were missing
rendering lessons learned almost impossible.
In 2023 the Operations Directorate conducted a review
of how Council delivers Major Projects, in fact all its Projects. This review
was triggered by several concurrent investigations:
· An analysis of the effectiveness of
traditional project reporting
· An analysis of the commercial success (or
otherwise) of project delivery
· An audit of Infrastructure Delivery (2022
Audit)
· The review of the Delivery Plan Operation
Plan (DPOP); and
· A financial review of Major Infrastructure
Project delivery including Civic Place.
The Operations Directorate discovered a
Project Management Framework (PMF) had been developed by the Council previously
but never implemented.
By taking this PMF and developing its
artefacts to a more contemporary version of project delivery, Operations have
developed the DMF to a standard that will allow consistency in reporting and
processing, which includes, but is not limited to the following documents:
In applying a consistent approach, these tools and
templates become project imperatives which are not negotiable. It will
serve as a catalyst for the creation of further project delivery practices and
behaviours whereby there will be increased visibility and accountability for
performance.
Uniform application of the DMF will further strength
all project planning and delivery across Council, allowing increased visibility
as the Project Managers need to comply and it will reduce the historical issues
discovered in the June 2022 Audit in that:
· There were no documented guidelines for
project budget planning or review.
· There were no guidelines to assess the
complexity of projects to assist delivery.
· The Infrastructure Delivery Team managed projects
manually and in relative isolation.
Reporting the DMF
Tech One will still provide project budget
level reporting however the introduction of Power BI®[2],
will enable Operations to produce a series of data driven and project specific
reports which will visualise project performance monthly across capital works
(major) projects, portfolios and Divisions within the Directorate focusing on
project financials with a clear priority on establishing triggers where the
Cost to Complete (CtC) exceeds the Planned Budget (PB).
Figure
1 - Indicative Project Data
This metric can then be filtered by
specific Project Manager to identify project performance trends and be used to
remedy issues as and when they arrive – not post project delivery.
Figure
2 - Indicative Project Performance
Demarcation by Service Delivery Centre will
allow the Operations Director to better manage portfolio work including
enhanced visibility of the Value of Works (VoW) completed against key
performance documents like the DPOP.
Figure
3 - Indicative Planned Expenditure
Project duration will also be monitored
allowing the Council to forecast project carryover and address the concerns of
the community early – where they see a potential delay or overrun in
duration.
Figure
4 - Indicative Durations
A Comprehensive DMF Communications and
Engagement Plan has been developed including this briefing (Circled) to ensure
we have captured all the project stakeholders needed.
As we develop the DMF for wider use across
the Council – Operations will re-engage with this Plan.
The DMF will include, and will be
configured for WestInvest reporting to, again, reduce any duplication in
reporting and streamline project management. All Major Projects (>$5m AUD)
will be reported on using the tools and systems described, in this fashion by
November 2023.
This report has been prepared for the
advice of Councillors and in response to questions asked during the previous
governance committee as they relate to project forecasting, overruns, and
delays.
For the information of the Governance
Committee.
There
are no financial implications relating to this recommendation.
|
Economic
|
Enhance operational and thus, economic performance.
Facilitate economic development.
|
|
Environment
|
There are no environmental and sustainability
considerations.
|
Social
|
There are no social and cultural considerations.
|
Civic
Leadership
|
Deliver services that are customer focused.
Operate a well-developed governance system that demonstrates
accountability, transparency, and ethical conduct.
|
|
Legislative
|
There are no legislative considerations relating to
this report.
|
|
Risk
|
There is no risk associated with this
report.
|
Nil
Governance Committee Meeting
10 October 2023
Strategic Priorities Committee Report
|
ITEM 10
|
Reconciliation Action Plan September
2023 - September 2024
|
|
Strategic
Objective
|
Healthy,
Inclusive, Engaging
Promote a
harmonious community that celebrates its diversity
|
|
File Ref
|
295063.2023
|
|
Report By
|
Jacqueline
Newsome - Coordinator Community Development
|
|
Approved
By
|
Tina Bono -
Director Community & Lifestyle
|
The
Reconciliation Action Plan (RAP) outlines Council’s ongoing commitment to
the advancement of First Nations people in Liverpool by sustainably and
strategically taking meaningful action to advance reconciliation.
Based
around the core pillars of relationships, respect and opportunities, RAPs
provide tangible and substantive benefits for Aboriginal and Torres Strait
Islander peoples, increasing economic equity and supporting First Nations
self-determination.
Liverpool’s
‘Reflect’ RAP represents the first time Council has officially
sought endorsement of a RAP from Reconciliation Australia (RA). Previous plans
and strategies focussing on supporting First Nations communities have not
undergone this process and have therefore not been considered formal RAPs.
The Governance Committee recommends that Council receive a briefing on the Reconciliation
Action Plan September 2023 – September 2024.
Background
The
Reconciliation Action Plan (RAP) outlines Council’s ongoing commitment to
the advancement of First Nations people in Liverpool by sustainably and
strategically taking meaningful action to advance reconciliation.
Based
around the core pillars of relationships, respect and opportunities, RAPs
provide tangible and substantive benefits for Aboriginal and Torres Strait
Islander peoples, increasing economic equity and supporting First Nations
self-determination.
Liverpool’s
‘Reflect’ RAP represents the first time Council has officially
sought endorsement of a RAP from Reconciliation Australia (RA). Previous plans
and strategies focussing on supporting First Nations communities have not
undergone this process and have therefore not been considered formal RAPs.
Liverpool’s
draft RAP has been developed by Ngurra Advisory, a wholly First Nations-owned
and operated consultancy group, in collaboration with Council’s Community
Development team. This ‘Reflect’
RAP outlines realistic and achievable goals for reconciliation and promotes Council’s
broader commitment to supporting the advancement of First Nations people in
Liverpool. This Reflect RAP represents Council’s first steps on its
formal RAP journey.
The
draft RAP was presented to RA for conditional endorsement in May 2023 as part of
a public exhibition process. Positive feedback was received from RA in June
2023 and formal endorsement of Council’s Reflect RAP was granted in
August 2023.
Governance
Committee briefing
At
its meeting on 30 August 2023, Council received the draft RAP for endorsement.
This matter was subsequently deferred to the September 2023 Council meeting to
allow a briefing to occur at the next Governance Committee meeting. This report
is presented to facilitate this briefing.
The
purpose of this briefing is to inform Councillors of the direction and goals
outlined within the RAP, as well as provide further context on the formal RAP
process and stages of an organisation’s RAP journey.
There
are no financial implications relating to this recommendation.
|
Economic
|
There are no economic and financial considerations.
|
|
Environment
|
There are no environmental and sustainability
considerations.
|
Social
|
Preserve and maintain heritage, both landscape and cultural as urban
development takes place.
Promote community harmony and address discrimination.
|
Civic
Leadership
|
Encourage the community to engage in Council initiatives and actions.
Operate a well-developed governance system that demonstrates accountability,
transparency and ethical conduct.
|
|
Legislative
|
There are no legislative considerations relating to
this report.
|
|
Risk
|
There is no risk associated with this
report.
|
1. Reconciliation
Action Plan September 2023 - September 2024
|
1
|
|
Item
10
|
Reconciliation
Action Plan September 2023 - September 2024
|
|
Attachment
1
|
Reconciliation
Action Plan September 2023 - September 2024
|
Governance Committee Meeting
10 October 2023
Strategic Performance Committee Report
|
ITEM 11
|
Independent Library Review
|
|
Strategic
Objective
|
Healthy,
Inclusive, Engaging
Communicate,
listen, engage and respond to the community by encouraging community participation
|
|
File Ref
|
332497.2023
|
|
Report By
|
Elysa Dennis
- Information Services Coordinator
|
|
Approved
By
|
Tina Bono -
Director Community & Lifestyle
|
An independent review of the Library Service will be
examining opportunities to deliver innovative and effective service to
Liverpool in the future.
It will include significant consultation with the
community and stakeholders to ensure a service that aligns with
Liverpool’s strategic direction. The Mayor, Councillors and Executive
Leadership Team will be invited to contribute to this consultation as key
stakeholders.
Review outcome will include a presentation to the
Mayor and the Councillors on the community led vision for library service and
recommendations plan for delivery.
That the Governance Committee receives and notes the report.
In accordance with the Integrated Planning and
Reporting guidelines, Council is required to identify the services it will
review during its term of office. Council has selected the Provision of services at
Council’s libraries as part of 2022-2023 review and will engage with the
local community and other stakeholders to determine service level expectations,
sustainability, relevance, and appropriate performance measures.
The council will assess the selected service areas
using an evidence-based approach to identify areas of improvement. Actions will
be implemented and a report on the progress of the service review will feature
in the Council’s Annual Report and highlight any changes made and the
benefits to Council’s service delivery.
Jan Richards consulting has been appointed to provide
an independent review process. The objective is ensuring alignment of the
service to Liverpool’s strategic direction.
The review will include:
· Benchmarking of current service;
Comparison of similar library services using State
Library Public Library network data; and
Review
against the ALIA Public Library national standards.
· Community Priorities consultation;
Community consultation to establish satisfaction with
current service and
barriers to usage;
Consult community to establish vision for library
services; and
Identify
opportunities for new or improved services based on community vision.
· Service model options;
Identify new technology
for alternate service delivery;
Develop a range of options for service delivery
models; and
Consult
community response to service delivery model options.
· Recommendations and Implementation plan
Consultation
with stakeholders will be key to this review. The Mayor, Councillors and
Executive Leadership Team will be invited to share their views through
attendance at community focus groups or individual interviews.
Costs
associated with this recommendation have been included in Council’s
budget for the current year and long-term financial plan.
|
Economic
|
There are no economic and financial considerations.
|
|
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 access and services for people with a disability.
Deliver high quality services for children and their families.
|
Civic
Leadership
|
Undertake communication practices with the community and stakeholders
across a range of media.
Encourage the community to engage in Council initiatives and actions.
Provide information about Council’s services, roles, and
decision-making processes.
Deliver services that are customer focused.
|
|
Legislative
|
Library Act, NSW
Local Government Act, NSW
|
|
Risk
|
There is no risk associated with this
report.
|
Nil
