Agenda of Ordinary Meeting - Wednesday, 22 November 2023

Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

National Anthem

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 25 October 2023............................................................... 7

Declarations of Interest

Public Forum

Mayoral Report

Notices of Motion Of Rescission

NIL

Chief Executive Officer Reports

NIL

Planning & Compliance Reports

PLAN 01 Pre Gateway Exhibition of Planning Proposal to amend the Liverpool Local Environmental Plan 2008 at 93-145 Hoxton Park Road, 51 Maryvale Avenue & 260 Memorial Avenue, Liverpool........................................................................... 60......... 1

PLAN 02 Post Exhibition Report to amend the Liverpool Local Environmental Plan: 22 Box Road (Mimosa Park)....................................................................................... 72......... 2

PLAN 03 Draft Liverpool Rural Lands Strategy - Post exhibition.................................. 79......... 3

PLAN 04 Post Exhibition Report - Renaming of Flynn Avenue, Sixteenth Avenue, Hall Circuit and Qantas Boulevard to Flynn Avenue, Middleton Grange.............. 88......... 4

PLAN 05 Street Naming - Hoxton Park and Edmondson Park................................... 107......... 5

PLAN 06 Amendment S3.22 of LLEP 2008 Middleton Grange Town Center - Map of Minimum Lot Sizes....................................................................................... 114......... 6

PLAN 07 Draft Compliance and Enforcement Policy.................................................. 119......... 7

PLAN 08 Amendment S3.22 of SEPP - Sydney Region Growth Centre - Zoning Map 141 8

Community & Lifestyle Reports

COM 01 Grants Donations and Community Sponsorship Report.............................. 146......... 9

COM 02 Council Meeting Dates - January to December 2024.................................. 153....... 10

Corporate Support Reports

CORP 01 2023/24 - Quarter 1, Budget Review............................................................ 157....... 11

CORP 02 Investment Report October 2023................................................................. 188....... 12

Customer & Business Performance Reports

BUS 01 Audit, Risk and Improvement Committee Charter....................................... 198....... 13

City Futures Reports

CFD 01 2022-2023 Annual Report............................................................................ 215....... 14

Operations Reports

OPER 01 LHP Kayak Launch Facility Procurement Exemption.................................. 219....... 15

OPER 02 Carnes Hill Recreational Precinct Stage 2 (CHRPS2) - Amended Masterplan 222 16

OPER 03 Early Introduction of Mattress Processing - Fees and Charges.................. 236....... 17

Committee Reports

CTTE 01 Minutes of the Companion Animals Advisory Committee Meeting held on 5 September 2023........................................................................................... 239....... 18

CTTE 02 Minutes of the Intermodal Committee Meeting held 3 October 2023.......... 247....... 19

CTTE 03 Minutes of the Civic Advisory Committee meeting held on 31 October 2023 254 20

CTTE 04 Audit, Risk and Improvement Committee minutes 13 October and 24 October 2023 270 21

Questions with Notice

QWN 01 Question with Notice - Clr Harle - Lieutenant Cantello Reserve, Access Road Solar Lighting................................................................................................ 288....... 22

Presentations by Councillors

Notices of Motion

NOM 01 Temporary Asphalt Footpaths...................................................................... 291....... 23

Council in Closed Session

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

CONF 01 Purchase of Lot 3937 DP 1225536 and Dedication of Lot 3935 DP 1225536, Rosedale Circuit, Carnes Hill

Reason: Item CONF 01 is confidential pursuant to the provisions of s10A(2)(c) 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.

CONF 02 VP3236/ PQ3240- Remediation and Revegetation of Flood Detention Basin at Amalfi Park, Lurnea

Reason: Item CONF 02 is confidential pursuant to the provisions of s10A(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 03 Liverpool Civic Place Early Childhood Education and Care Leasing Strategy

Reason: Item CONF 03 is confidential pursuant to the provisions of s10A(2)(d ii) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

CONF 04 Biochar

Reason: Item CONF 04 is confidential pursuant to the provisions of s10A(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 05 Exemption to Tender Request - Civic Place In-Building Mobile Telephony

Reason: Item CONF 05 is confidential pursuant to the provisions of s10A(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 06 Legal Affairs Report - July to September 2023

Reason: Item CONF 06 is confidential pursuant to the provisions of s10A(2)(a) (c) (d i) (g) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors); AND 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; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

CONF 07 Public Notification outcome of Proposed Road Closure and Potential Future Sale of part of Gurner Avenue, Austral (adjoining No. 5 Gurner Ave)

Reason: Item CONF 07 is confidential pursuant to the provisions of s10A(2)(c) 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.

CONF 08 2024 Australia Day Awards

Reason: Item CONF 08 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).

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MINUTES OF THE Ordinary Meeting

HELD ON 25 October 2023

PRESENT:

Mayor Ned Mannoun (arrived 2.25pm)

Councillor Ammoun

Councillor Goodman (online)

Councillor Green

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib (online)

Councillor Macnaught

Councillor Rhodes

Hon John Ajaka, Chief Executive Officer

Mr Farooq Portelli, Director Corporate Support

Ms Tina Bono, Director Community & Lifestyle

Ms Lina Kakish, Director Planning & Compliance

Ms Michelle Mcilvenny, Director Customer & Business Performance

Mr Shayne Mallard, Director City Futures (online)

Mr Jason Breton, Director Operations

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

Mr Vishwa Nadan, Chief Financial Officer

Mr Charles Wiafe, Principal Transport Planner

Ms Melissa Wray, Support Officer

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

The meeting commenced at 2.00pm

Clr Macnaught, as the Deputy Mayor, assumed the Chair in Mayor Mannoun’s absence.

STATEMENT REGARDING WEBCASTING OF MEETING

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

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION

The prayer of the Council was read by Father Anthony Morgan from St George and Prince Tadros Coptic Orthodox Church.

NATIONAL ANTHEM

The National Anthem was played at the meeting.

COUNCILLORS ATTENDING REMOTELY

Councillors Karnib and Goodman have requested permission to attend this meeting via MS Teams.

Motion: Moved Clr Kaliyanda Seconded: Clr Ammoun

That Councillors Karnib and Goodman be granted permission to attend the meeting via MS Teams.

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

requested permission to attend this meeting via MS Teams

APOLOGIES

Nil.

CONDOLENCES

Motion: Moved: Clr Ammoun Seconded: Clr Kaliyanda

That Council:

1. Move a condolence motion for the children that have passed since 7th October 2023 in the current conflict; and

2. Hold a one minute silence.

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

A one minute silence was then observed.

Confirmation of Minutes

Motion: Moved: Clr Green Seconded: Clr Rhodes

That the minutes of the Ordinary Meeting held on 27 September 2023 be confirmed as a true record of that meeting.

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

Declarations of Interest

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

Item: PLAN 04 -Minor Amendment to LLEP 2008 - 15 Stante Close and 430 Cowpasture Road, Middleton Grange

Reason: Clr Hagarty has had dealings with the club located on this parcel of land.

Clr Hagarty remained in the Chambers for the duration of the item.

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

Item: PLAN 04 -Minor Amendment to LLEP 2008 - 15 Stante Close and 430 Cowpasture Road, Middleton Grange

Reason: Clr Kaliyanda has previously met and interacted with the owners/board of the organisation that owns the land at this location through her role as a Councillor.

Clr Kaliyanda remained in the Chambers for the duration of the item.

Public Forum

Presentation – items not on agenda

1. Mr Peter Whitney addressed Council on the following item:

Removal of a tree.

Representation – items on agenda

1. Mr Craig Thomason (PWC, Audit Partner) and Ms Lawrissa Chan, Director Financial Audit (NSW Audit Office) gave a presentation on Council’s Annual Financial Reports 2022-2023.

Item: CORP 03 – Annual Financial Reports 2022-23.

Mayor Mannoun arrived at the meeting at 2.25pm.

Motion: Moved: Clr Rhodes Seconded Clr Ammoun.

That the annual financial reports be accepted.

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

Deputy Mayor Macnaught vacated the Chair at 2.28pm and Mayor Mannoun assumed as Chairperson.

Motion of urgency

The CEO requested Mayor Mannoun accept a Motion of Urgency in relation to Project Control Advisory Committee Charter. The CEO gave a brief summary of the report and resolution for item MAYOR 02 – Introduction of a Project Control Committee from the 30 August 2023 Council meeting.

The report and proposed draft Project Control Advisory Committee Charter were circulated to Councillors on 24 October 2023.

In accordance with Clause 9.3 of Council’s Code of Meeting Practice, Mayor Manoun, ruled the matter as urgent and as such it was dealt with at this meeting as shown below: t of Urgency

ITEM: MOU 01

SUBJECT: Project Control Advisory Committee Charter

COUNCIL DECISION:

Motion: Moved: Clr Rhodes Seconded: Clr Ammoun

That:

Council endorse the draft charter attached to this report;

Council determines that the Project Control Advisory Committee will meet monthly commencing in November 2023 at a time to be determined by the Chair.

An amendment be made to the Draft Charter as follows:

In Point 4 under the heading Function in the first paragraph, the word “goal” be replaced with “Strategic Plan”.

Therefore it should read as follows:

4. FUNCTION

· Review project proposals and designs, ensuring alignment with community needs, Council’s Strategic Plan, and relevant regulations.

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

: Moved: Seconded:

Motion of urgency

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

ITEM NO:	MOU 02
SUBJECT:	Battle of Beersheba Memorial Service
Clr Macnaught raised an urgency motion regarding the Battle of Beersheba Memorial Service event . Clr Macnaught stated it was urgent as the Battle of Beersheba Memorial Service will take place this coming Sunday 29^th October 2023. In accordance with Clause 9.3 of Council’s Code of Meeting Practice, Mayor Manoun, ruled the matter as urgent and as such it was dealt with at this meeting as shown below:
COUNCIL DECISION Motion: Moved: Clr Macnaught Seconded: Clr Rhodes That Council allocate $2500 from the General Funds to cover the costs associated with the Battle of Beersheba Memorial Service being held this coming Sunday 29^th October 2023. On being put to the meeting the motion was declared CARRIED.

mayoral minutes

1. Yellamundie – The Story Teller

2. Back in Black

3. Vibrancy Reforms

4. Planning Assessment Reforms

5. Ross Whelan

6. Bill Crews Foundation

Mayoral Minute

ITEM: MAYOR 01

SUBJECT: Yellamundie - The Story Teller

REPORT OF: Mayor Ned Mannoun

DATE: 25 October 2023

Story telling is powerful.

Through story we learn, we share, we feel - we do many things.

We tell stories in many ways, through word, through art, around a fire, around a kitchen table.

Our First Nations Brothers and Sisters have been telling stories for tens of thousands of years.

Through each story wisdom is passed on from todays Elder to Tomorrows elder.

The line continues unbroken, from the first generation, to todays generation, to the end of time.

We must never underestimate the power and importance of telling story.

Today we acknowledge the importance that Liverpool’s community places on story.

Representing every nation and culture in the world - our stories are those of humanity combined.

On the 2nd of December we will open our new library named Yellamundie - The Story Teller.

This multi-million dollar investment in this building is a place where our stories will be told because we value stories, we value knowledge, we value learning.

In Yellamundie there is much symbolism in its form and architecture.

Its White symbolises Peace, Purity, and Innocence.

The Oval symbolises rebirth, fertility, and immortality

The Circles represent equality.

The books and stories represent Knowledge and Light.

All these attributes are so needed in our World - not just today, but always.

We constantly see our world engulfed in darkness.

In this darkness we lose innocent human life, in particular the most innocent - our Children.

When Humans fail innocent Children die.

If we ever had one metric that measured the success of humanity, it would be how many innocent children died because the conflicts caused by man.

Our goal as humans is to make this 0.

Children are innocent and we have an obligation to protect them at all costs. There is no distinction between any of them and all are equal.

Unfortunately we keep on failing children.

Today as we speak children are being bombed, killed, orphaned because humans failed.

Innocent children. Rather than surrounding an ice cream truck choosing what ice cream they want got buy, they now lie in that iced cream truck dead - in a body bag - because the morgues are full of dead innocent children.

Their stories need to be told.

We have to be reminded of what we lost.

We have to tell their stories to future generations so they can learn from our mistakes.

Today I move that Yellamundie tell their story - forever.

Today I move that Yellamundie be dedicated to the innocent children of the world who are killed in conflict.

We will count them but they will not be mere numbers - We will tell their stories, we will share their pictures and we will always remember that we failed them.

We failed them because it is every human’s responsibility to speak up and protect them.

In its shape, its form, its purpose Yellamundie will tell the story of those innocent angels forever.

Located at the top of our town, she stands as a beacon of Light.

Let that Light drive out that darkness so humanity will never need something like this again.

COUNCIL DECISION:

Motion: Moved: Mayor Mannoun Seconded: Clr Macnaught

That the above action items contained within the Mayoral Minute be actioned and all Councillors work with the CEO to achieve the objectives.

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

Mayoral Minute

ITEM: MAYOR 02

SUBJECT: Back in Black

REPORT OF: Mayor Ned Mannoun

DATE: 25 October 2023

In 2021/22, Council posted a deficit net operating result of $11.9m. The incoming Council set a budget target of an $8.4m deficit net operating result for 2022-23 with an aim to achieve a surplus position in 3 years.

As Mayor, I have been determined to ensure our Budget is in order. That is why I am proud to share that Council has recorded a surplus operating result for 2022-23, which is well ahead of its target. This is the first time Council has achieved a Surplus Operating Result since 2018/19. In 2023/24, Council has budgeted for a $3.7m deficit and will work towards achieving another surplus position.

Council has achieved this whilst increasing the quality of our critical services. Given the current economic climate, this has not been an easy task – so I would like to acknowledge the efforts of the Councillors and Council Staff that made this possible. Whilst this achievement is a fantastic step in the right direction, there is still much more work to do.

RECOMMENDATION:

That Council:

Notes that Liverpool City Council has achieved a Surplus Operating Result for the first time since 2018/19; and
Thanks Councillors and Council Staff for their continued effort to ensure our Budget is in a Surplus Position.

COUNCIL DECISION:

Motion: Moved: Mayor Mannoun Seconded: Clr Ammoun

That Council:

Notes that Liverpool City Council has achieved a Surplus Operating Result for the first time since 2018/19; and
Thanks Councillors and Council Staff for their continued effort to ensure our Budget is in a Surplus Position.

Continues to work on filling, where there are vacant positions, front line services.

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

Clr Hadid left the Chambers at 3:00pm.

Clr Hadid returned to the Chambers at 3:03pm.

ITEM: MAYOR 03

SUBJECT: Vibrancy Reforms

REPORT OF: Mayor Ned Mannoun

DATE: 25 October 2023

To build Liverpool as the Capital of South West Sydney we need to ensure that the quality of life in Liverpool is of a high standard and as a Council, it is important that we support our local entertainment zones, our live music scene, and our local economy – especially at a time where NSW’s hospitality industry is struggling.

It is for these reasons that I welcome the Minns Government’s proposed Vibrancy Reforms, which will remove red tape across the sector. The Reforms are logical and sensible. For example, there are currently 7 agencies that accept noise complaints (including Councils). The proposed reforms will streamline the process and make Liquor and Gaming NSW the sole manager of noise complaints against licensed venues.

It is worth noting the proposal from the Minister for the Special Minister of State, Minister for Roads, Arts, Music the Night-time Economy, Jobs and Tourism the Hon John Graham, to expand the success of the Enmore Road Special Entertainment Precinct to other areas via a new framework for councils. This concept has been delivered with the intent of making it easier to deliver vibrant, safe going-out destinations supported by adequate and reliable transport and good lighting.

Further to this, I was excited to learn of rule changes to outdoor dining, which will allow venues to make the most of their outdoor space with a quicker, light-touch application process.

I would like to propose that Council invites the Hon John Graham and the 24-Hour Economy Commissioner to Liverpool for a site visit to discuss how Liverpool can maximise the potential of our CBD’s Nighttime Economy in light of the Vibrancy Reforms.

RECOMMENDATION:

That Council:

1. Welcomes the Minns Government’s Vibrancy Reforms;

2. Invites the Hon John Graham, Special Minister of State, Minister for Roads, the Arts, Music, the Night-time Economy, Jobs and Tourism and the 24-Hour Economy Commissioner to Liverpool for a site visit, noting Councils support for the Vibrancy Reforms;

The City Economy Unit prepare a report after the visit on the potential for a Nighttime Economy for Liverpool CBD, taking into account our vibrant multiculturalism and our emergence as a University City.

COUNCIL DECISION:

Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes

That:

1. Council welcomes the Minns Government’s Vibrancy Reforms;

2. Council invites the Hon John Graham, Special Minister of State, Minister for Roads, the Arts, Music, the Night-time Economy, Jobs and Tourism and the 24-Hour Economy Commissioner and also invites the local State Representatives within the LGA to Liverpool for a site visit, noting Council’s support for the Vibrancy Reforms);

The City Economy Unit prepare a report after the visit on the potential for a Nighttime Economy for Liverpool CBD, taking into account our vibrant multiculturalism and our emergence as a University City.

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

Clr Ammoun wanted to thank Council staff on their recent successful event, Primavera Latin American Festival, which was held on 20-22 October 2023. He stated he received once again great feedback on another successful event and wanted to congratulate and thank the Director of Community and Lifestyle and Council’s events team staff on the success of this event.

Mayoral Minute

ITEM: MAYOR 04

SUBJECT: Planning Assessment Reforms

REPORT OF: Mayor Ned Mannoun

DATE: 25 October 2023

Dear Colleagues,

I am presenting this Mayoral Minute in response to recent reports of excessive time required for the assessment of development applications within our city. The information reported upon was one statistic in isolation and not surprisingly taken out of context with regard to the overall successful reforms and improvements that our Council is delivering lead by our CEO Hon John Ajaka and newly appointed Director of Planning Lina Kakish and her team.

When the new Council was elected and I took over as Mayor the Council’s planning assessment system was quite frankly broken. In recognition of the issues particularly the long delays in assessing development applications, the backlog of applications and the difficulty retaining planning staff, our council took proactive steps by restructuring the planning department under the guidance of a new CEO and new director. This reorganization has led to a substantial reduction in the number of development applications, decreasing the backlog inherited from 1100 to 450. It's worth noting that, on average, 60 new applications are lodged each week.

To address the challenges in our assessment system, our initial focus was on the older and more complex outstanding applications. This approach was necessary to clear the backlog and allocate resources to fast tracking complying applications. However, this has inadvertently resulted in a distortion of the average time taken to assess applications and an increase in refusals. We understand the concerns this may raise among applicants and the community at large.

I am pleased to inform the Council that last week, we organized a highly successful Developer Investment Forum. This event saw the active participation of over 120 local stakeholders, including developers and community representatives. The forum provided an invaluable platform for these stakeholders to engage with the Council and openly discuss the challenges we all face. I congratulate the City Economy Team under City Futures Directorate for this successful event.

In conclusion, while we have made substantial progress in addressing the issues related to the assessment of development applications, we acknowledge that there is more work to be done. We must find a balance between expediting assessments and ensuring that our decisions align with the best interests of our community.

I believe that with the support and collaboration of all stakeholders, including our council members, we can continue to improve our processes and make Liverpool an even better place for residents, businesses, and developers alike.

RECOMMENDATION:

That Council:

1. Notes the positive progress of reforms in Development assessment processes at Liverpool City Council.

2. Notes the success of the recent Developer Investment Forum held by the City Economy team.

Thanks Council staff for their exceptional work in regards to DA Determinations.

COUNCIL DECISION:

Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes

That the recommendation be adopted.

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

Mayoral Minute

ITEM: MAYOR 05

SUBJECT: Thanking Ross Whelan

REPORT OF: Mayor Ned Mannoun

DATE: 25 October 2023

This item was dealt with in Closed Session at the end of meeting pursuant to the provisions of s10A(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).

Mayoral Minute

ITEM: MAYOR 06

SUBJECT: Bill Crew Foundation – Liverpool

REPORT OF: Mayor Ned Mannoun

DATE: 25 October 2023

The Bill Crews Foundation has provided food, healthcare, social welfare, education, love and compassion to those that need it most for over 30 years.

In our community, they do fantastic work, notably at the Liverpool Uniting Church. Last Thursday I popped down to the Uniting Church to see the team in action as the hosted their Anti-Poverty Week Community Hub BBQ. It was a fantastic initiative and I commend everyone involved in this event.

Whilst visiting, I could not help but notice how heavy their portable BBQ was. It is for this reason that I would like to move that Council donates $2000.00 to support the Bill Crews Foundation in purchasing a new BBQ and relevant appliances for their charitable efforts. I urge Councillors to support this motion.

RECOMMENDATION:

That Council:

Recognises and thanks the Bill Crews foundation for their commitment to social welfare

2. Donates $2000.00 to assist with the purchasing of a new BBQ and other relevant appliances to assist their charitable efforts.

COUNCIL DECISION:

Motion: Moved: Mayor Mannoun Seconded: Cr Green

That Council:

Recognises and thanks the Bill Crews foundation for their commitment to social welfare

2. Donates $2000.00 from the General Reserve to assist with the purchasing of a new BBQ and other relevant appliances to assist their charitable efforts.

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

Clr Ammoun left at 3.15pm

Clr Ammoun returned at 3.17pm.

Planning & Compliance Reports

ITEM NO: PLAN 01

FILE NO: 282412.2023

SUBJECT: Endorsement to Participate in Non-LED Street Light Replacement Program

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded Clr Harle

That Council:

1. Notes its participation in the Endeavour Energy non-energy efficient street light replacement program.

2. Approves a budget of approximately $815,000 for additional payments for street light management for this financial year.

3. Notes the participation in the street light replacement program will assist Council in achieving one of its key actions in its adopted climate change action plan.

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

Committee Reports

ITEM NO: CTTE 01

FILE NO: 331913.2023

SUBJECT: Minutes of the Liverpool Local Traffic meeting held on 20 September 2023

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Rhodes

That Council adopts the following Committee recommendations:

Item 1 - Sarah Hollands Drive, Carnes Hill – Proposed Central Median Island

Approves installation of a central median island, two blister islands and associated signs and line markings in Sarah Holland Drive, between Kurrajong Road and Stonequarry Way, as shown in the Attachment Booklet.

Item 2 – Elizabeth Hills – Proposed Local Area Traffic Management (LATM)

· Notes the proposed treatments outlined in the Elizabeth Hills LATM study report as indicated in the Attachment Booklet.

· Undertakes community consultation and its outcome with detailed designs to be presented in future meeting prior to staged installation.

Item 3 – First Avenue and Nineteenth Avenue Intersection, Hoxton Park - Proposed Road Extension

· Approves implementation of a 5-tonne load limit in Lismore Street, subject to the submission of a Transport Management Plan to TfNSW for its endorsement, prior to implementation.

· Undertakes further community consultation with First Avenue residents prior to reopening of the closed First Avenue and Nineteenth Avenue intersection as shown in the Attachment Booklet.

Item 4 – Nuwarra Road, Moorebank – Proposed 5-Tonne Load Limit

· Approves implementation of a 5-tonne load limit along Nuwarra Road, south of Newbridge Road, subject to the submission of a Transport Management Plan for its endorsement, prior to implementation.

· Undertakes community consultation including placement of Variable Message Boards along at the northern and southern approaches of the road section, prior to implementation.

Item 5 – Liverpool Public School Development – Proposed Traffic Facilities

· Notes the installation of a Children crossing across Lachlan Street and a pedestrian refuge at Lachlan Street/Drummond Street and associated signs and line marking scheme to be approved under delegated authority.

· Undertakes community consultation prior to installations of the traffic facilities.

Item 6 - Yarrunga Street and Kookaburra Road (N), Prestons – Half Road Reconstruction Signs and Linemarking Scheme

Approves installation of two median islands and associated signs and line markings as part of the half road reconstruction as shown in the Attachment Booklet.

Item 7 – Pacific Palms Circuit, Hoxton Park – Request for Raised Threshold

Notes that installation of a raised threshold across the section of Pacific Palms Circuit between White Cliffs Avenue and Tilpa Place, is not warranted at this stage.

Item 8 – Edmondson Avenue Upgrade, Austral - Proposed Signs and Line Marking Scheme

· Notes the Edmondson Avenue Upgrade Stage 1 design and associated signs and line marking, as shown in the Attachment Booklet.

· Notes that the detailed design including a signalised intersection at Edmondson Avenue/Fifth Avenue intersection be submitted to TfNSW for its approval.

· Undertakes community consultation with local residents, businesses and schools, prior to the road upgrade.

Item 9 – Fourth Avenue and Gurner Avenue, Austral – Proposed Traffic Facilities

· Notes installation of an interim roundabout and a Children’s crossing at a location east of the College driveway, with required kerb and guttering, to be approved under delegated authority.

· Investigates future upgrade of the interim roundabout to future traffic signals.

Item 10 – Flynn Avenue, Middleton Grange – Request for Raised Pedestrian Crossing

· Notes installation of a raised marked pedestrian crossing facility to be approved under delegated authority.

· Undertakes community consultation including Transit Systems, prior to installation.

Item 11 – Items Approved Under Delegated Authority

Notes the traffic facilities approved under delegated authority in the period between August 2023 and September 2023.

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

Questions with Notice

ITEM NO: QWN 01

FILE NO: 345417.2023

SUBJECT: Question with Notice - Clr Rhodes - Koala Kill Zone Heathcote Road

Background

Mitigation to help preserve and protect Koala population in the South West Sydney area remains a great responsibility of all South West Sydney Councils including Liverpool and Sutherland, who apart from being home to recently identified colonies, it is recognised that our mutual LGA’s are also a known migration path for Koalas from the Campbelltown area through Liverpool and Sutherland and back into Campbelltown LGA.

Studies have shown an alarming increase in Koala Kill zones along Heathcote Road and Liverpool Council has been collaboratively engaged to assist to mitigate the threat of Road kill along this road. The koala kill zone at Deadmans Creek goes from around the bottom of the hill coming down from Pleasure Point to the Deadmans Creek bridge. Koalas have been killed around the quarry also, but the main area they are hit is at the bottom of that hill.

There has been a request from constituents that there is a need for more and or repositioning of Koala road signs and/or speed limits imposed on this section of Heathcote Road.

The below map has identified the additional need for Koala signs on Heathcote Road up to the Pleasure Point intersection, making sure the signs are positioned before you enter the recognised kill zone from both directions not after you have passed the kill zone.

The attached Transport for NSW report shows options to reduce Koala vehicle strike along Heathcote Road, near Deadman’s Creek.

Please address the following:

1. What mitigation measures are being delivered by any, or each of the collaboration partners, to reduce the koala road kill along Heathcote Road and when they will be delivered?

Response (Provided by the Operations Directorate)

Transport for NSW (TfNSW) is the principal land manager for Heathcote Road.

Council officers have been actively involved in advocating for increased koala protection within the LGA, including Heathcote Road.

Some of the mitigation measures that have been or are being delivered to increase koala protection along Heathcote Road include:

· Installation of koala warning signs along Heathcote Road to alert drivers that they are entering a ‘Koala Zone’. This approach is taking key learnings from other koala hotspot areas in NSW.

· TfNSW in partnership with the NSW Koala Strategy, NSW Environment and Heritage has deployed two temporary trailer mounted variable message signs (VMS) on Heathcote Road facing east and west for 12 weeks during the current peak koala breeding season (from August to February). A further six permanent static signs have been installed at koala vehicle strike hot spots along Heathcote Road to complement the VMS at these hotspots.

· The NSW Koala Strategy and Council sought advice from Campbelltown City Council to gain insights into their trailer-based VMS program. Similar phrasing on the signs for consistency is used across nearby local government areas (e.g. “Koala Breeding Season”, “Be Alert Koalas About”).

· A fauna underpass has been constructed by the NSW Koala Strategy in partnership with TfNSW along Deadman’s Creek, underneath Heathcote Road. The underpass was delivered as part of the Heathcote Road upgrade works, creating a safe passage for koalas to cross. Council staff were involved in consultation on the design and installation of the underpass.

· In response to the report commissioned by TfNSW, Options to Reduce Koala Vehicle Strike Along Heathcote Road, Near Deadmans Creek, dated December 2021 prepared by WSP Pty Ltd, TfNSW and the NSW Koala Strategy is planning to install fauna fencing (koala exclusion fencing) along Heathcote Road in the next 18 months. TfNSW and Defence are discussing the fencing design to address security concerns in relation to Defence land.

· The NSW Koala Strategy will provide funding for Liverpool City Council and Sutherland Shire Council to each purchase a trailer mounted VMS and vehicle activated signs to be deployed when required in their LGAs. The additional two VMS in areas along and around Heathcote Road will complement Campbelltown City Council’s VMS. It is anticipated that the funding for the additional two VMS will be available by December 2023.

· TfNSW is undertaking monitoring to assess whether the VMS trailers have any influence on driver behaviour. This will help guide future decisions about the VMS trailers and future koala roadkill mitigation measures.

Council is also involved with related roadkill mitigation communications. A variety of communication channels are used, including but not limited to:

· Council’s Sustainable Living newsletters

· Koala Conservation Project’s Facebook Page. The Southwest Sydney Koala Project can be followed on Facebook: https://www.facebook.com/swskoalaproject/

· Council’s social media pages

· School newsletters (to target parents/guardians dropping off kids) at the surrounding schools that are in close proximity to the koala population around Heathcote Road. Communication is ongoing and increases during the koala breeding season.

Motion: Moved: Clr Rhodes Seconded: Clr Macnaught

That:

Council continue collaboration with TfNSW, Department of Defence, Department of Planning NSW, Campbelltown and Sutherland Councils and advocate for the Wildlife fencing to be erected as soon as possible to address the Koala breeding seasons threat of road strikes;

Council explore opportunities for collaboration with all parties for a combined Koala awareness campaign to address the threat of road strikes in the absence of the wildlife fencing at the time of the Koala breeding season;

Council advocate for collaboration with all parties to provide an annual, mutual education program based on promoting Koala awareness during the Koala breeding season each year;

Council investigate and replace if necessary the Koala sign that has been taken from Cumberland Avenue;

An update be provided to Council on the progress of collaboration and advocation for the wildlife fence and possible combined awareness programs; and

After points 1 to 5 have been undertaken, Council direct the CEO to come back to Council with a report and if there is any financial implications then that would be part of that report.

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

ITEM NO: PLAN 07 – addendum book

FILE NO: 351557.2023

SUBJECT: Draft Aerotropolis S7.12 Contribution Plan - Post Public Exhibition and Ministerial Submission

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Green

That Council:

Notes the post exhibition report of the draft Liverpool City Council s7.12 Aerotropolis Contribution plan fulfilling the requirement of Min179769.2023 (2) ‘provide a further report to Council on completion of the public exhibition period’;

Support the minor administrative amendments and changes to the draft Liverpool City Council s7.12 Aerotropolis Contribution Plan and Background report as generally expressed within in this report;
Acknowledge the minor levy increase of 0.1% (levy now 4.6%) which captured the increase in land values within the Aerotropolis precinct;

In accordance with Environmental Planning and Assessment Act 1979, section 7.12 (5) and Environmental Planning and Assessment Regulations 2021, section 7.17(1)(d) forward the final Draft Liverpool City Council s7.12 Aerotropolis Contribution Plan 2023 to the Department of Planning and Environment for assessment and Ministerial approval; and

Receive a further report, post Ministerial assessment and recommendation, of the draft Liverpool City Council s7.12 Aerotropolis Contribution Plan.

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

Presentations by Councillors

Clr Macnaught made a presentation to Council on the 11^th Annual Research Excellence Awards she recently attended by Ingham Institute as follows:

It is with great excitement that I share the exceptional achievements of the 11th Annual Research Excellence Awards, hosted by the Ingham Institute for Applied Medical Research on Thursday, 12th October, which was attended by myself and the CEO. The awards celebrated the outstanding research contributions in South Western Sydney, a testament to our region's commitment to advancing healthcare and research excellence.

Professor Annemarie Hennessy won the Distinguished Researcher Award for her remarkable strides in the field of preeclampsia academia. Her exceptional career spans over two decades, marked by significant research achievements and an impressive track record of mentoring and supervising numerous higher degree students.

Her pioneering work has led to groundbreaking insights into the prevention and treatment of preeclampsia, with her ongoing research poised to have a substantial impact on clinical practice in the coming years.

This is something close to my heart as I have worked in the field of obstetrics for many years, and have cared for numerous women and their unborn babies experiencing complications of preeclampsia, including my own sister.

Dr Zhihong Xu, the recipient of the Early Career Researcher Award, has demonstrated exceptional prowess in his research on pancreatic cancer and chronic pancreatitis.

His innovative studies have not only contributed to international research efforts but have also paved the way for novel therapeutic approaches in the field.

Dr. Xu's groundbreaking discoveries regarding the metastasis of pancreatic cancer cells have drawn significant attention, leading to promising collaborations and potential breakthroughs in treatment strategies.

Heena Sareen, the recipient of the Higher Degree Student Award, has exhibited exemplary dedication and achievement in her research on brain cancer biomarkers. Her thorough investigation and insightful publications have contributed significantly to the understanding and prognosis of brain cancer.

Professor Josephine Chow, recipient of the Excellence in Teaching Award, has demonstrated an unwavering commitment to fostering learning and research development in the South Western Sydney Local Health District. Her innovative approach to education, particularly through the implementation of the Quarantine Research Time Program, has not only inspired numerous students but has also significantly contributed to the advancement of research skills among nurses and midwives.

Kylie Dundas, the recipient of the Best Research Support Award, has exhibited exceptional dedication and contribution to the facilitation and coordination of critical research endeavours within the medical and oncology community. Her extensive knowledge and support have been instrumental in ensuring the smooth execution of research projects, effective collaborations, and the maintenance of ethical standards in clinical trials.

Mr Mayor, in acknowledgement of these achievements, I hereby propose a motion to commend and recognise the exemplary accomplishments of the distinguished awardees:

I urge Councillors to unanimously support this motion to celebrate the exceptional achievements of these esteemed individuals and their invaluable contributions to the South Western Sydney and broader community.

Thank you.

Confidential Items

ITEM NO: CONF 01

FILE NO: 318494.2023

SUBJECT: Liverpool Community Safety & Crime Prevention Advisory Committee Member Nominations 2023 and amendments to the Liverpool Community Safety & Crime Prevention Advisory Committee Charter

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Green

That Council:

Endorse the proposed members of the Liverpool Community Safety & Crime Prevention Advisory Committee 2023-2025:

· Liverpool City Police Area Command

· NSW Health including Drug Health and Injury Prevention

· Core Community Services

· Royal Life Saving Society NSW

· Odyssey House NSW

· Lifeline Macarthur and Western Sydney

· MTC Australia

· Hume Community Housing

2. That Council endorses the recommended changes to the Liverpool Community Safety & Crime Prevention Advisory Committee Charter.

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

ITEM NO: CONF 07 – confidential addendum book

FILE NO: 356803.2023

SUBJECT: Liverpool Civic Place - Additional $23m Loan

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Karnib

That Council:

1. Approves borrowing of $23 million from NSW Treasury Corporation in accordance with the facility outlined in the report.

2. Authorise application of the Common Seal of Council to any document required to be executed under seal to give effect to these resolutions.

3. Authorise the CEO or his delegate to take all necessary steps and execute any documents required to give effect to these resolutions, including:

· obtaining consent from current lenders to the proposed loan; and

· amending existing loan agreements for the Liverpool Civic Place project.

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

Closed session

Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes

That Item MAYOR 05 Thanking Ross Whelan be moved into Closed Session. It 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);

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

The gallery left the Chambers.

Clr Macnaught left the Chambers at 4.40pm

Clr Macnaught returned to the Chambers at 4.43pm.

Mayoral Minute

ITEM: MAYOR 05

SUBJECT: Thanking Ross Whelan

REPORT OF: Mayor Ned Mannoun

DATE: 25 October 2023

This Mayoral Minute is dedicated to a true pillar of our community in Ross Whelan, who is set to finish his tenure as Principal of Thomas Hassall Anglican College. As Mr Whelan bids farewell following 17 years of dedicated service, it is imperative that we acknowledge the profound impact he has had on this institution and the lives he has touched along the way.

At the heart of Ross Whelan's legacy lies his exceptional leadership. Ross cultivated an environment where students are not just taught but nurtured, where character is not just shaped but fortified, and where values are not just preached but practiced.

Beyond his administrative prowess, Ross Whelan has been a beacon of kindness and compassion. His genuine care for the well-being of every student, staff member, and member of the college community has created a culture of warmth and inclusivity.

Ross's unwavering dedication to the growth and betterment of Thomas Hassall Anglican College has been the cornerstone of its success. Through his tireless efforts and unwavering commitment, he has elevated the college to new heights, leaving behind a legacy that will continue to shape the lives of generations to come.

Though his physical presence may no longer grace these halls, he will forever remain an integral part of the fabric of Thomas Hassall Anglican College. To Ross Whelan, we extend our deepest gratitude and heartfelt wishes for a future filled with continued success and fulfillment.

RECOMMENDATION:

That Council thanks Ross Whelan for his incredible 17 years of dedicated service as Principal of Thomas Hassall Anglican College

COUNCIL DECISION:

Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes

That Council:

Thanks Ross Whelan for his incredible 17 years of dedicated service as Principal of Thomas Hassall Anglican College;

Nominate Mr Whelan for a Member of the Order of Liverpool Award.

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

Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes

That Council move into Open Session.

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

OPEN SESSION

Mayor Mannoun opened the meeting at 4.43pm.

THE MEETING CLOSED AT 4.44pm.

Name: Ned Mannoun

Title: Mayor

Date: 22 November 2023

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 25 October 2023. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Ordinary Meeting

22 November 2023

Planning & Compliance Report

PLAN 01

Pre Gateway Exhibition of Planning Proposal to amend the Liverpool Local Environmental Plan 2008 at 93-145 Hoxton Park Road, 51 Maryvale Avenue & 260 Memorial Avenue, Liverpool.

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	308129.2023
Report By	Stephen Peterson - Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

At the 30 August 2023 Council meeting, the planning proposal seeking to amend the development standards of Liverpool Local Environmental Plan 2008 (LLEP 2008) at 93-145 Hoxton Park Road, 51 Maryvale Avenue and 260 Memorial Avenue, Liverpool, was presented to Council. The planning proposal sought to increase the maximum height of buildings from 15m to 21m (40% increase), increase the floor space ratio control from 1:1 to 1.5:1 (50% increase), and an additional permitted use to allow for the land use of ‘Retail Premises’ with a maximum gross floor area of 200m².

Council resolved ‘That Council defer this item and direct the CEO to consult with the community’. In this regard, the planning proposal underwent an initial exhibition period, as follows:

1. Exhibited for the period of 31 days, being 8 September 2023 to 9 October 2023 (extended beyond standard 28 days consultation due to one public holiday);

2. Exhibited on Council’s website under ‘Liverpool Listens’ and ‘Public Exhibitions and Notices’; and

3. Exhibited by way of posted letter to 450 properties including to the property and land owners.

As a result of the initial public exhibition, Council received a total of thirty submissions including two submissions which were identical however submitted by different persons. Of the thirty submissions, one submission was relating to a compliance matter on the site, one submission was in support of the planning proposal, one submission was supportive subject to alternative vehicular access, and twenty seven submissions were objecting to the proposal in its current form.

The key concerns outlined in the submissions include increased traffic, access to/from the site located on Dale Avenue, the width of Dale Avenue, pedestrian safety, waste and emergency vehicle access, lack of on street parking, visitor parking, crime from affordable housing, and privacy concerns of overlooking.

The concerns raised through the submissions received can be adequately assessed throughout the ongoing planning proposal assessment, including by the Design Excellence Panel, the Department of Planning and Environment (DPE), Transport for New South Wales (TfNSW) and further assessment at the development application stage. It is noted that the site is currently zoned R4 High Density Residential which permits the development of a residential flat building.

Should a Gateway determination be issued by DPE, further community consultation by way of public exhibition and external state agency consultation, including with TfNSW regarding traffic and vehicular access options will be undertaken.

In this regard, it is recommended that council notes the submissions received and the advice of the Liverpool Local Planning Panel (LLPP), supports in principle the planning proposal request and submit a planning proposal to DPE seeking a Gateway determination and public exhibition. If Gateway is issued further consultation and input from DPE and TfNSW will be provided before a post-exhibition report and recommendation will be considered by Council at a future meeting.

RECOMMENDATION

That Council:

1. Notes the submissions received from members of the public;

2. Notes the advice of the Liverpool Local Planning Panel;

3. Endorses in principle the planning proposal request to amend development standards on the land at 93-145 Hoxton Park Road, 51 Maryvale Avenue and 260 Memorial Avenue, Liverpool, being to increase the maximum height of buildings to 21m, increase the floor space ratio to 1.5:1, and include an additional permitted use in Schedule 1 to allow ‘Retail Premises’ with a maximum gross floor area for each premises of 200m² (not exceeding a combined total of 1,200m²);

4. Delegates to the CEO authority to prepare the formal planning proposal including any typographical or minor amendments if required;

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

6. Endorses in principle the draft amendments of the Liverpool Development Control Plan 2008;

7. Delegates to the CEO Authority to negotiate a Voluntary Planning Agreement (VPA) with the proponent, agree the terms of the offer with the proponent, and report back to Council the details of a draft VPA prior to exhibition of the planning proposal, consistent with the Council’s Planning Agreements Policy;

8. Subject to Gateway determination and endorsement of the VPA, undertake community consultation for the planning proposal, VPA, and the site-specific Development Control Plan (DCP) in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan 2022;

9. As part of the community consultation period, present the site-specific Development Control Plan to the Design Excellence Panel (DEP), in accordance with clause 15 of Environmental Planning and Assessment Regulations 2021; and

10. Receives a further report on the outcomes of post-Gateway public exhibition and community consultation period.

REPORT

The Subject Site

In July 2022, Council received planning proposal submitted by Mecone on behalf of ABA Estate Pty Ltd, to amend development standards within the Liverpool Local Environmental Plan 2008 (LLEP 2008), for land at 93-145 Hoxton Park Road, 51 Maryvale Avenue and 260 Memorial Avenue, Liverpool, to facilitate the development of six residential flat buildings, with a maximum of 6 storeys.

Figure 1 below indicates an aerial view of subject site. The allotments subject to the planning proposal are highlighted blue and the two lots outlined in red form the proposed vehicular access points for a future development on the subject allotments however do not form part of the request to amended development standards.

An aerial view of a city

Description automatically generated with medium confidence

Figure 1 - Aerial view of subject site. (Source: Nearmap 18 January 2023)

The planning proposal is recommended to proceed as follows:

1. Increase the maximum height of buildings from 15m to 21m (40% increase);

2. Increase the floor space ratio control from 1:1 to 1.5:1 (50% increase) and;

3. An amendment to Schedule 1 to allow for the land use of ‘Retail Premises’ with a maximum gross floor area for each premises of 200m² and not exceeding a combined total of 1,200m² on the land.

Background Information

The planning proposal was referred to the 29 May 2023 Local Planning Panel. The Local Planning Panel report is at Attachment 5 and the meeting minutes are at Attachment 6. The Local Planning Panel report and meeting minutes outline a detailed assessment against the relevant strategies and that the planning proposal has strategic and site-specific merit and should proceed to a Gateway determination.

At the 30 August 2023 Council meeting, the subject planning proposal was considered and the Council August meeting report and meeting minutes are at Attachment 1. The resolution of the meeting was, ‘That Council defer this item and direct the CEO to consult with the community’.

Community Consultation

The proposal was placed on public exhibition for 31 days, being 8 September 2023 to 9 October 2023. The exhibition period was extended beyond the standard 28-day exhibition period outlined within the Liverpool Community Engagement Strategy and Community Participation Plan 2022, as there was a public holiday within the 28-day exhibition period.

The planning proposal was exhibited on Council’s website under ‘Liverpool Listens’ and ‘Public Exhibitions and Notices’, which included an overview of the proposal, related documents (Fact sheet, Planning Proposal, Concept Urban Design Plans, Voluntary Planning Agreement Letter of Offer and Draft site specific DCP), with details on how to make a submission.

A map of a neighborhood

Description automatically generated

Figure 2 - Aerial view with site notified by way of posted letter highlighted yellow.

Neighbour notification occurred for 450 surrounding properties, including property and land owners (if owner does not reside at the property), as indicated in Figure 2.

During the exhibition period, Council received thirty submissions, including two submissions which were identical however submitted by different persons. Of the thirty submissions received during the exhibition period:

· One submission was in support of the planning proposal regarding positive impacts for housing and the local economy;

· One submission was in relation to works being undertaken on the site. This issue was referred to Council’s community standards section for action;

· One submission was supportive of the planning proposal subject to amended vehicular access arrangements; and

· Twenty seven submissions were objecting to the planning proposal of which a common theme raised was traffic and parking concerns.

Areas of community concern and the number of items the concern area was raised is indicated by Figure 3. Key matters raised, and responses are detailed below.

A graph with text and orange squares

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Figure 3 - Area of concern regarding the planning proposal

Support for the Planning Proposal

Key Matters Raised

· Rezoning allows more housing which is supported, particularly with the cost of living.

· The commercial portion of the planning proposal would be positive for the local economy and residents.

Council Response:

The concept design plans demonstrate that the planning proposal would allow approximately 72 additional apartments than what is currently permissible on the site, however this is an indicative figure only and is subject to assessment by way of a future development application.

In this regard, the concept design plans currently demonstrate that the subject site can currently accommodate approximately 240 apartments and the planning proposal would permit the site to accommodate approximately a maximum of 312 apartments (less with commercial space included on site).

The concept urban design plans submitted with the proposal demonstrate 19 commercial premises on the ground floor across the 6 proposed buildings with each commercial premises having a floor area ranging up to 187m². Due to the possible negative economic impacts from 19 commercial premises (out-of-centre development and external trip generation), the planning proposal is recommended to permit small scale retail premises, with each premises having a maximum gross floor area of 200m² and an overall total maximum commercial retail floor area on the site not exceeding 1200m². This will provide small-scale retail, which will benefit the future residents of the site.

Road, Traffic, Access and Exit Concerns

Key Concerns Raised:

· Difficultly accessing the site due to existing access arrangements from Hoxton Park Road to Memorial and Maryvale Avenues;

· Pedestrian safety from extra vehicles;

· Dale Avenue and the local area including cannot handle the additional traffic;

· Width of Dale Avenue inadequate for additional traffic (Dale Avenue is 3 car widths wide and cars park on both sides of Dale Avenue meaning traffic can only move in one direction at a time forcing a vehicle travelling in one direction to pull over to allow a vehicle travelling in the opposite direction to pass);

· Lack of street parking;

· Needs visitor parking;

· Parking congestion; and

· Lack of road space for waste or emergency vehicles.

Council Response:

The subject site fronts Hoxton Park Road which is identified as a Classified Road in accordance with Transport for New South Wales (TfNSW) Schedule of Classified Roads and

Unclassified Regional Roads. State Environmental Planning Policy (Transport and Infrastructure) 2021, clause 2.119 (Development with frontage to a classified road) applies to the subject site, as does clause 138 of the Roads Act 1993. TfNSW is the public Authority for Hoxton Park Road and concurrence is required from TfNSW. The planning proposal would be referred to TfNSW, and any future development application would be required to be submitted with a Traffic Impact Assessment Report, Traffic Management Plan and further referral and consent from TfNSW.

The proponent undertook two pre-lodgement meetings with Council prior to the formal submission of the planning proposal. During the assessment of both of the pre-lodgement meetings, various access points were discussed including via Dale Avenue, Hoxton Park Road, Memorial Avenue and Maryvale Avenue. It was advised that the proponent is to seek access via Dale Avenue as TfNSW is highly unlikely to support access via Hoxton Park Road or Memorial and Maryvale Avenue due to their close proximity to Hoxton Park Road.

Should a Gateway determination be issued by the Department of Planning and Environment (DPE), consultation would occur with TfNSW, Council and the proponent, prior to the finalisation of the planning proposal, to discuss alternative access points and traffic management options.

Suitable traffic management solutions can be explored in conjunction with TfNSW and the proponent if required, and may include amendments to the Voluntary Planning Agreement letter of offer and the draft site specific Development Control Plan. Potential solutions may include widening the full length of Dale Avenue, including timeframe for works to be completed, kerb and gutter replacement, footpath construction and street tree replacement. Alternative traffic management options to be investigated may include the provision of indented parking bays or the conversion of Dale Avenue to be one way traffic flow only (to facilitate parking more safely on both sides). Further traffic discussions will occur during the planning proposal process.

The subject site provides opportunity for high public transport accessibility with the site being within close proximity to Liverpool CBD and via the existing T-way bus route adjacent to the site on Hoxton Park Road.

Further it is noted that the subject site is already zoned R4 High Density Residential which permits the development of residential flat buildings and a height of buildings of 15m (4 storeys). Any issues regarding points of vehicular access to/from the site remain regardless of the planning proposal. The planning proposal would allow ground floor retail premises use and an additional 2 storeys in height.

Council continues to advocate for infrastructure including traffic and intersection matters however upgrade works to a classified road such as Hoxton Park Road require consent of TfNSW.

Any retail or residential component of any future development on the subject site would be subject to assessment against Council’s Development Control Plan parking requirements including minimum number of spaces required, visitor requirements and waste vehicle requirements for both the residential and commercial development.

Crime Concerns

Key Concerns Raised:

· Increased crime from number of apartments and narrow streets with poor lighting Pedestrian safety from extra vehicles.

Council Response:

Any future residential flat building development application on the subject site may be referred to NSW Police for comment. Further the application would be subject to the design principals of Crime Prevention Through Environmental Design (CPTED) and a future development application on the subject site would be reviewed by Liverpool’s Design Excellence Panel.

Privacy Concerns

Key Concerns Raised:

· Privacy issues with having two lots on Dale Avenue not developed;

· Privacy concerns from proposed development including windows, open space and balconies to adjoining allotments; and

· Need trees to obscure privacy.

Council Response:

A site specific Development Control Plan has been developed for the subject site to ensure that the development minimises impact including privacy impacts to adjoining residences and the vicinity. Further the proponent submitted a an architectural plan demonstrating privacy impacts to the residential properties to the north of the site (Dale Avenue) and privacy measures to ensure privacy impacts to the northern properties are mitigated.

A future residential flat building development on the subject site is subject to being designed in accordance with State Environmental Planning Policy 65, Apartment Design Guide and Liverpool Development Control Plan, as well as reviewed by the Liverpool Design Excellence Panel. In this regard it is anticipated that a development can be designed on the subject site which mitigates any privacy and/or safety impacts to adjoining residences or the vicinity.

Post Exhibition Assessment

At its meeting on 29 May 2023, the Liverpool LPP considered the planning proposal request and agreed that the proposal demonstrates strategic and site-specific merit and supported the planning proposal proceeding to a Gateway determination subject to recommendations. This included updates to the draft site-specific Development Control Plan to ensure tree retention, amalgamation with the isolated site fronting Maryvale Avenue, and permitting small scale retail and food and drink premises on the site. The draft site specific Development Control Plan has been amended to address the panel’s recommendations.

Upon completion of the exhibition period, Council reviewed all submissions received. The submission of support for the planning proposal is noted and the submission for the works being undertaken on site was referred to Council’s community standards section for action. All issues raised during are matters for consideration regardless of the planning proposal occurring, as the site is currently zoned R4 High Density Residential, and therefore development for either a Residential Flat Building or Shop Top Housing is already permissible with consent under Liverpool Local Environmental Plan 2008.

It is deemed that the topics of issues raised within the received public submissions can be addressed post Gateway determination, and are matters for consideration in negotiating a VPA and at a future development application stage.

As Hoxton Park Road is a classified road, should a Gateway determination be issued by the Department of Planning and Environment, consultation would be undertaken with Transport for New South Wales (TfNSW).

As noted above, traffic management arrangements will be discussed with TfNSW, Council and the proponent to ensure appropriate access and traffic management.

Regarding crime from affordable housing component, affordable housing is a high demand diversity of housing required within the Liverpool Local Government Area. A future development application on the site would be required to demonstrate that the proposed development is designed to incorporate CPTED principals.

It is noted that the affordable housing proposed, being 5% of the total number of apartments within a future development, is within the early stages of assessment and is within a Voluntary Planning Agreement Letter of Offer, and remains under assessment by Council. Further, given the expected cost of works for a future development on the subject site, the development may be subject to the State Government’s recent announcement for 30% floor space and height bonuses, where a minimum of 15% of the total gross floor area to affordable housing. This change has not been implemented into legislation, and the planning proposal will continue to be assessed with regards to relevant legislation.

Regarding the issues of noise, decrease in quality of life from the development, overcrowding, reduced privacy and safety, contamination and waste issues, all of these matters would be further assessed at the development application stage once a final development design is lodged for assessment. The planning proposal provides concept design plans only.

A future development application on the subject site for either a residential flat building or shop top housing is subject to assessment against the Liverpool Local Environmental Plan 2008, Liverpool Development Control Plan 2008, State Environment Planning Policy 65 - Design Quality of Residential Apartment Development, Apartment Design Guide and internal and external referral advice including from Liverpool Design Excellence Panel. Given the expected cost of works for a future development on the subject site, a development application is expected to be required to be referred to the Sydney Western City Planning Panel.

As advised by the Local Planning Panel, the site demonstrates strategic and site specific merit, and will deliver public benefit through diversity of housing including affordable housing opportunities. The subject site and planning proposal enables a development to be constructed which provides a highly connected transport point to the Liverpool CBD and beyond by being located to the T-way bus service and local bus services. A draft Development Control Plan has also been developed to address site specific issues.

Next Steps

If Council supports the planning proposal request, a formal planning proposal will be prepared and submitted to the Department of Planning and Environment (DPE) seeking a Gateway determination.

Following a Gateway determination in support of the planning proposal, there will be public agency consultation (including Transport for New South Wales) and further community consultation in accordance with the Gateway determination and Councils Community Participation Plan. The Site-Specific DCP and VPA (once endorsed) will also be exhibited alongside the planning proposal. The DCP will also be referred to the Design Excellence Panel in accordance with clause 15 of Environmental Planning and Assessment Regulations 2021.

Following consultation, a further report will be prepared for Council prior to proceeding with the making of any amendment to the LLEP 2008, LDCP 2008 and the VPA.

Conclusion

It is considered that concerns raised during the initial pre gateway exhibition period can be mitigated through consultation with Transport for New South Wales, the planning proposal process and assessment of a future development application. The planning proposal has sufficient strategic and site-specific merit to proceed. It is recommended that Council endorses in principle the planning proposal to proceed to a Gateway determination. It is noted that

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	There are no environmental and sustainability considerations.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Division 3.4 of Environmental Planning and Assessment Act 1979.
Risk	The risk is deemed to be Low. If Council does not support the planning proposal request, there is a risk that the landowner will seek a review of Council’s decision by the Sydney Western City Planning Panel. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Council Report and Meeting Minutes - 30 August 2023 (Under separate cover)

2. Detailed Submissions (Under separate cover)

3. Submission table by theme (Under separate cover)

4. Planning Proposal (Under separate cover)

5. Local Planning Panel Report 29 May 2023 (Under separate cover)

6. Liverpool Local Planning Panel Determination Minutes - 29th May 2023 (Under separate cover)

7. ASIC (Under separate cover) - Confidential

Other documents

The following documents are available on Council’s Eplanning Portal (https://eplanning.liverpool.nsw.gov.au/Pages/XC.Track/SearchApplication.aspx?id=462067 ):

a) Survey Plan

b) Concept Architectural Plans

c) Draft Site Specific DCP

d) VPA Letter of Offer

e) Arboricultural Impact Assessment

f) Landscape Design Report

g) Acoustic Impact Assessment

h) Traffic Impact Assessment and Green Travel Plan

i) Proponents Traffic Consultant Response to RFI dated 24 February 2023

j) Addendum Traffic Statement - Response to LLPP Meeting

k) Social Impact Assessment

l) Operational Waste Management Plan

m) Preliminary Geotechnical Assessment

n) Preliminary Site Investigation

o) Desktop Flood Assessment

p) Quantity Surveyors Report

q) Privacy Architectural Plan - Submitted 7 November 2023

Ordinary Meeting

22 November 2023

Planning & Compliance Report

PLAN 02

Post Exhibition Report to amend the Liverpool Local Environmental Plan: 22 Box Road (Mimosa Park)

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	327703.2023
Report By	Brianna Van Zyl - Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

At its ordinary meeting on 29 March 2023, Council endorsed a planning proposal for 22 Box Road, Casula (Lot 1103 DP 1051233), locally known as Mimosa Park. The Planning Proposal seeks to amend the Liverpool Local Environmental Plan 2008 (LLEP 2008) to facilitate the development of one single dwelling on the site.

Specifically, the amendment involves the rezoning of the Council owned site, from RE1 Public Recreation to R2 Low Density Residential, and reclassification from Community to Operational land. Development standards will be applied in accordance with the adjacent R2 Low Density Residential land, including a Height of Building of 8.5m, Floor Space Ratio of 0.6:1, and a minimum Lot Size of 300m2.

The subject planning proposal received a Gateway determination on 6 June 2023, and was publicly exhibited for 28 days from 17 July until 14 August 2023. During the public exhibition period, Council received two individual submissions, both of which generally opposed the proposal.

Given the amendment seeks to reclassify the site from Community to Operational Land, Section 29 of the Local Government Act 1993 requires a public hearing to be held. A public hearing was held on 21 September 2023 at Lurnea Community Hub and was attended by 4 members of the public.

The Gateway determination required the planning proposal be referred to Sydney Water for comment, who raised no significant concerns with the proposal. In addition to the Gateway conditions, the proposal was also referred to Endeavour Energy who raised no significant concern with the proposal.

This report details the feedback received during the exhibition, and outlines Councils response to these issues.

Following the post-exhibition assessment, the planning proposal demonstrates strategic and site-specific merit, and it is therefore recommended that the planning proposal be forwarded to the Department of Planning & Environment to make the amendment, as it is noted Council is not the nominated plan making authority.

RECOMMENDATION

That Council:

1. Notes this report, the Gateway determination dated 6 June 2023 for Liverpool Local Environmental Plan 2008 (Amendment 98), the submissions received from State agencies, members of the public, and the outcome of the public hearing.

2. Proceed with Amendment 98 to rezone 22 Box Road, Casula to R2 Low Density Residential, apply a Floor Space Ratio of 0.6:1, a Height of Building Control of 8.5m, a minimum lot size of 300m², and reclassify the site from Community to Operational land.

3. Delegates authority to the Chief Executive Officer (or his delegate) to forward the planning proposal to the Department of Planning and Environment as the plan making authority for this planning proposal; and

4. Notifies submitters and public hearing attendees of Council decision.

REPORT

Background

On 27 October 2020, Council resolved to investigate options for 22 Box Road, (Mimosa Park) to be embellished as a local park. Following this, a feasibility study, environmental testing and a conceptual development design was undertaken. However, these studies identified several risks in the site’s embellishment as a park, including the sites topography, public safety, accessibility, fall heights and maintainability.

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

“That Council:

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

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

A planning proposal report was subsequently referred to the Liverpool Local Planning Panel on 28 November 2022, who advised that the planning proposal demonstrated both Strategic and Site-Specific Merit.

On 29 March 2023, Council considered the planning proposal and endorsed it to be forwarded to the Department of Planning and Environment (DPE) for Gateway assessment. A Gateway determination was issued on 6 June 2023, and is detailed below. The planning proposal was publicly exhibited from 17 July to 14 August 2023. The results of exhibition are detailed in this report.

Gateway Determination

The Gateway determination was issued on 6 June 2023, and required the LEP to be completed by 28 March 2024 (Attachment 2). The Gateway determination required a few minor amendments to the planning proposal document prior to community consultation, all of which were actioned accordingly.

The Gateway required the planning proposal be placed on public exhibition for a minimum of 20 working days, and for the planning proposal report and supporting documents to be publicly available in accordance with the Local Environmental Plan Making Guidelines (DPE 2021).

The Gateway determination also required a public hearing to be held in accordance with the Local Government Act 1993 and the Departments Practice Note PN 16-001. Details of the public hearing are outlined in the ‘Public Hearing’ section of this report.

Community Consultation

The planning proposal was placed on public exhibition from 17 July until 14 August 2023, in accordance with Council’s Community Participation Plan, and the Local Environmental Plan Making Guidelines (DPE 2021).

During the exhibition period, Council received 2 individual submissions, which are included in Attachment 5 and are summarised below:

Table 1: Summary of Community Submissions

Issue	Council Response
Community Submission 1
Traffic Congestion and Parking The submission did not agree with the change in planning controls. Specifically raising concerns with parking, as the additional new dwelling will contribute to the area being more overcrowded and reduce parking opportunities.	The proposal was referred to Councils Traffic Management team who advised the following: The proposed rezoning to R2 Low Density Residential will generate 1 vehicle trip per hour and will not have a noticeable impact on Box Road. The dwelling will be required to provide onsite car parking, and this will be assessed as part of the Complying Development and/or Development Application stage.
Community Submission 2
Water runoff The resident raised concern with this site being developed for residential purposes due to the topography of the site, and their site being located on the lower side of the land. The submission raised concern in regard to water runoff and the potential damage this may cause to the adjoining property. Concern was raised in relation to flooding, soil erosion and potential damage to the dwellings foundation and structural integrity.	The submission was referred to Council Floodplain and Water Management team who advised the following: The residential property is on the lower side of this development site. However, there is an inter allotment drainage easement which benefits 22 Box Road. Therefore, stormwater generated from this site will be connected to the easement. This will be further considered during the Complying Development and/or Development Application stage.

Public Authority Consultation

Council sent out referrals to the relevant State agencies through the NSW Planning Portal. The full submission from both Endeavour Energy, and Sydney Water can be found in Attachment 6, and a summary is provided below.

· Endeavour Energy: Comments were provided, however were of the nature of Development Application conditions, therefore not directly relevant to planning proposal. This will be further considered as part of the Complying Development and/or Development Application stage.

· Sydney Water: Detailed servicing requirements will be provided at section 73 stage (i.e Development Application stage). Specifically, the submission listed requirements in relation to provisions of Water and Wastewater services.

Public Hearing

Community land ordinarily comprises of land accessible to the public, such as a park, sporting field and/or community centres. Whereas Operational land would ordinarily comprise of land held as a temporary asset, investment, land which facilitate the carrying out by a Council of its functions, or land which is not open to the general public.

As 22 Box Road, Casula is currently classified as Community land, the site is required to be reclassified to Operational land to facilitate the outcome sought by this planning proposal. Under Section 29 of the Local Government Act 1993, a public hearing must be held when ‘Community Land’ is proposed to be reclassified as ‘Operational Land’.

As such, a public hearing was held at Lurnea Community Hub on 21 September 2023 and commenced at 5:30pm. Four members of the public attended the meeting.

Public notice of the public hearing was given after the completion of the public exhibition, via letters to adjoining residents. Three social media post were posted via Council’s social media accounts advising the general public of the details of the public hearing.

The public hearing was facilitated by an independent chairperson (Sandy Hoy, from Parkland Planners) as per the requirements in the Gateway determination and the Local Government Act 1993.

Three people addressed the public hearing, with one outlining the issues raised in their submission to the planning proposal, and the other 2 addressees outlined general support for the planning proposal.

The public hearing is detailed in the Public Hearing Report at Attachment 4, and the specific issues raised are outlined on Page 17 of the attachment. The Public Hearing Report was made available online and at Liverpool Library, as per requirements of a public hearing.

Contamination Report

In August 2023, Council engaged Environmental Earth Science to further investigate and establish if this site was suitable for residential purposes. The soil contamination report found the following:

“In view of the findings of the assessment and the potential development for residential land use, it is recommended that the surficial refuse and anthropogenic material be removed from the site.”

Council’s Environment team has arranged for the surficial refuse and anthropogenic material (i.e. rubbish) to be removed from the site. Therefore, the site is considered suitable for residential uses. The full report is attached at Attachment 3.

88b Instrument

Condition 1d) contained within the Gateway determination, required the planning proposal document to be updated to include details of all the dealings, interests, and easements registered on the title for Lot 1103 DP 1051233. It also sought clarification around what the planning proposal was seeking to extinguish. As the site has been identified as unsuitable to be embellished as a park, the restriction on title requiring “The land within described is Public Reserve” is required to be extinguished. This is further detailed in Part 2 of the Planning Proposal Document (Attachment 1)

Next Steps

If Council resolve to finalise Amendment 98, as recommended, the planning proposal will be forwarded to DPE to finalise the plan, as Council is not delegated to be the Local Plan Making Authority.

Once finalised, Liverpool Local Environmental Plan 2008 (Amendment 98) will be notified in the NSW Government Gazette. Council’s Property team will then report back to Council regarding the procedures for sale of the site, as per Council’s resolution on 31 August 2022.

It is therefore recommended that the planning proposal proceeds to finalisation as the post-exhibition matters have been adequately addressed.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation. Once this planning proposal is finalised, Council Property team will report back to Council regarding the sale of the subject site.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Deliver high quality services for children and their families.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Division 3.4 of Environmental Planning and Assessment Act 1979 Section 29 of the Local Government Act 1993
Risk	The risk is deemed to be Low. The risk is considered within Council’s risk appetite. A further report detailing the sale of the property will be re-reported to Council after the finalisation of the planning proposal.

ATTACHMENTS

1. Post Gateway - Planning Proposal Report 22 Box Road (Mimosa Park) (Under separate cover)

2. Gateway Determination - 6 June 2023 (Under separate cover)

3. Soil Contaminated Assessment 22 Box Road (Updated October 2023) (Under separate cover)

4. Public Hearing Report (22 Box Road Casula) (Under separate cover)

5. Combined Community Submissions (Under separate cover)

6. Combined State Agency Submissions (Under separate cover)

Ordinary Meeting

22 November 2023

Planning & Compliance Report

PLAN 03

Draft Liverpool Rural Lands Strategy - Post exhibition

Strategic Objective	Liveable, Sustainable, Resilient Protect and enhance our natural environment and increase the city’s resilience to the effects of natural hazards, shocks and stresses
File Ref	347302.2023
Report By	Kweku Aikins - Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

This report recommends that Council adopts the Liverpool Rural Lands Strategy, as amended, following from public consultation.

On 29 March 2023, Council considered a report on the draft Liverpool Rural Lands Strategy (the Strategy). The purpose of the strategy is to sustain the existing agriculture industry, protect natural landforms, and maintain rural lifestyles in the rural areas of the Liverpool Local Government Area (LGA).

Council resolved to place the Strategy on public exhibition for 60 days. The purpose of this report is to inform Council of the outcome of the public exhibition of the Strategy which occurred between 1 June 2023 – 1 August 2023.

Council received a total of 13 submissions. A summary of each submission and an officer recommendation is provided in Attachment 1. A copy of each submission is included in the Confidential Attachment Booklet (Attachment 2). Submissions were received from landowners and public authorities.

In response to submissions received, changes to the Strategy are proposed. A complete list of recommended changes is noted in Attachment 1 and reflected in the post exhibition version of the Strategy (Attachment 3).

Council strategies require endorsement from Department of Planning and Environment (DPE) so that they can be used to determine the strategic merit of planning proposals. Therefore, it is recommended that Council adopt the Liverpool Rural Lands Strategy and send it to DPE for endorsement.

RECOMMENDATION

That Council:

1. .Adopts the amended Liverpool Rural Lands Strategy;

2. Delegates authority to the CEO to make any minor typographical or editing amendments to the strategy and to forward the amended strategy to the Department of Planning and Environment for endorsement; and

3. Notify submitters of Council’s decision

REPORT

Background

The Strategy provides a review of the current planning and policy context applying to Liverpool’s rural and scenic lands and largely relies on findings derived from the Liverpool Rural Lands Study to inform the management and improvement of rural lands. The draft Liverpool Rural Lands Strategy identifies the need to review the Liverpool Local Environmental Plan 2008 (LEP) and Development Control Plan (DCP) provisions for rural land; protect biodiversity values; protect rural heritage; and manage transition to urban land. Council resolved to place the Strategy on public exhibition for 60 days. The post exhibition version of the draft Strategy is provided in Attachment 3 of this report.

Public Exhibition Summary

In accordance with Council’s resolution, the Strategy was placed on exhibition for 60 days (1 June 2023 – 1 August 2023).

During the exhibition period:

· A notice was placed on Council’s website (On exhibition page & Liverpool Listens);

· Letters were sent to relevant stakeholders and state agencies;

· Copies of the Strategy were made available at local post offices in the western half of the LGA; and

· Notification was sent to regular attendees of the Rural District Forum (online)

Submissions overview

Council received 13 submissions. A summary and consideration of the key issues raised in the submissions, including officer responses, is provided in Table 1 below. A more detailed list and consideration of key issues is provided in Attachment 1. A copy of each submission has been provided to Council in the Confidential Attachment Booklet (Attachment 2).

Table 1 – Summary of key issues raised during public exhibition

Key Issue

Summary

Council officer response

Consultation

Various stakeholders have requested to be consulted as part of any future DCP/LEP amendments and changes in the Western Sydney Aerotropolis.

Relevant stakeholders will be consulted as part of future planning initiatives in the rural lands in accordance with Council’s Community Participation Plan (CPP).

Two landowners have suggested that Council should improve its consultation methods so that broader audiences are made aware of policy changes and Council initiatives.

Exhibition took place in accordance with Council’s CPP. The draft strategy was exhibited online for 60 days with hard copies being available at Carnes Hill Shopping Centre and local post offices in Austral, Luddenham, Leppington, Kemps Creek, Bringelly and West Hoxton. The strategy was also emailed to regular attendees of Council’s Rural District forums. Contact details for Council staff were provided online, via email and on posters, to ensure that face-to-face appointments could be made if needed. Accordingly, it is considered that maximum effort was made to inform the public of the draft strategy.

Zoning

Landowners in Rossmore have advocated for the retention of the current RU4 zoning, until the suburb is rezoned for urban purpose as part of the Western Sydney Aerotropolis.

The strategy advocates for retention of the RU4 zoning in Rossmore, until the suburb is rezoned by the state government as part of the Western Sydney Aerotropolis.

One landowner identified potential zoning anomaly regarding the extent of the Environment and Recreation (ENZ) zone in the Western Sydney Aerotropolis.

Any zoning anomalies in the Western Sydney Aerotropolis will need to be investigated and addressed with the input of the Department of Planning & Environment.

Water NSW identified a potential anomaly regarding the Forest Lawn Memorial Park in Leppington.

The zoning of the Forest Lawn Memorial Park will need to be investigated as part of any future LEP review.

Land uses

Residents in Rossmore have requested that non-conforming or restrictive land uses are not included in the land use table for the RU4 zone.

The strategy provides a ‘vision’ for Rossmore. The existing character of Rossmore is to be maintained until land is rezoned/released as part of the Aerotropolis.

Any restrictions on land uses are to be investigated as part of any future review of the DCP or LEP in accordance with Action 1 of the strategy. Landowners in Rossmore will be consulted as part of any future changes to the DCP or LEP, as per the CPP, to ensure that any land use impacts are accounted for.

Prioritisation of housing supply

One submitter suggested that in light of the current housing crisis, Council should prioritise research into increased housing supply.

The submitter also suggested that Council should focus on the future rezoning of Rossmore for urban purposes, instead of focusing on retention of rural land uses in the RU4 zone.

Council is already facilitating housing development in other priority areas, such as the City Centre, Edmondson Park, and Austral. Whilst forward planning is important, it is noted that there is insufficient infrastructure to support release of Rossmore at present, and several other released/rezoned precincts will need to be serviced prior to land at Rossmore being released.

The development of a rural land strategy is required in accordance with action 16.1 of the Liverpool Local Strategic Planning Statement (LSPS). Housing delivery is accounted for in the Liverpool Local Housing Strategy which was adopted by Council in 2020.

The draft Liverpool Rural Lands Strategy provides a ‘vision’ for Rossmore. The existing character of Rossmore is to be maintained until land is rezoned/released as part of the Aerotropolis. Accordingly, Council continues to acknowledge the provisions of the Aerotropolis framework as they apply to Rossmore.

Context

Water NSW suggested the following changes to the strategy:

· Clarify whether the strategy is covering a much wider array of land use zones than just ‘rural’ zoned land as suggested by the title of the strategy.

· Provide a clearer introduction in the ‘Rural Precincts’ section stating that the strategy encompasses the Denham Court, Rossmore, Kemps Creek, Dwyer Road, Western Rural Lands, Airport/Aerotropolis Core and Agribusiness precincts.

· Clarify the relationship of the strategy to those lands covered by the land use and zoning controls of Western Parklands City SEPP. This includes making a clearer distinction between which precincts do and do not reside within the Aerotropolis.

· Fragmentation must be limited in rural areas that are earmarked for future urban development. This will maximise the ability of future urban designs to achieve desired social, economic and environmental outcomes.

‘Introduction’ of strategy has been updated to clarify that it covers a much wider array of land use zones than just ‘rural’ zoned land and that it applies to Denham Court and suburbs west of Austral.

‘Rural Precincts’ section has been amended to include a paragraph stating that the strategy encompasses the Denham Court, Rossmore, Kemps Creek, Dwyer Road, Western Rural Lands, Airport/Aerotropolis Core and Agribusiness Precincts.

The descriptions of each precinct already clarify if they are initial or non-initial precincts of the Western Sydney Aerotropolis. The supporting Liverpool Rural Lands Study (2020) already explores how the Liverpool LEP 2008 and Western Sydney Aerotropolis planning controls operate with respect to each precinct (note: the Sydney South West Growth Area is not included in the study or strategy). Kemps Creek is the only precinct that shares a border with the Western Sydney Parklands. Department of Planning and Council will need to liaise with the Western Sydney Parklands Trust regarding any future plans in the Kemps Creek precinct.

Rationale of ‘Action 9 – Manage transition to urban land’ has been updated to mention that fragmentation is to be avoided in rural areas that are earmarked for future urban development.

Action and Delivery Plan

Water NSW suggested the following changes to the Action and Delivery Plan:

· A new action is needed for the protection of the Rural Landscape character of the RU2 zoned land in the Denham Court Precinct.

· Action 7 should be removed from the Denham Court precinct.

· A new action is needed to investigate the appropriateness of the RU1 zone to the Forest Lawn Memorial Park.

· Consider rewording Action 2 to more specifically state ‘Encourage economic use of rural land for rural and related purposes’.

· Action 3 proposes to review environmental health provisions for rural land. The rationale explains that noise, odour and sewerage management systems require specific documentation. The rationale for action 3 could be expanded to also mention contaminated land and water pollution risks.

A new action, ‘Action 8 - Protection of scenic land’ will be added to encompass the Denham Court precinct. Note: subsequent actions will be renumbered to accommodate the new action.

Action 7 has been amended so that it only applies to the Western Rural Lands precinct.

The appropriateness of the RU1 zone to the Forest Lawn Memorial Park will be addressed as part of Action 1 which seeks to review existing Liverpool Local Environmental Plan (LEP) and Development Control Plan (DCP) provisions for rural land.

Action 2 of the strategy will be reworded to - ‘Encourage economic use of rural land for rural and related purposes.’

Rationale of Action 3 has been expanded to include contaminated land and water pollution risks.

Denham Court Precinct

Water NSW suggested the following changes to the strategy:

· Describe the range of agricultural and other uses occurring on rural zoned land in the Denham Court precinct.

· Clarify whether the ‘RU’ and ‘C’ zoned lands in the Denham Court precinct are currently serviced by water and sewer.

· Current zoning and development is more intensive to the west of the Upper Canal than east of it. Therefore, amend the statement ‘urbanised land is largely situated on the eastern side of the Upper Canal with rural land uses situated to the west’ to reflect the current situation.

· Elaborate on the minimum lot sizes that occur in the Denham Court area under the LEP and how the planning controls fall to the LEP for land east of the Canal and under the SEPP (Precincts- Western Parkland City) 2021 for land west of the Canal. This is important in relation to the degree to which Council’s LEP, and the proposed Rural Lands Strategy, will be able to influence the future planning controls of the Denham Court precinct.

Description of Denham Court precinct has been updated to clarify that there are no agricultural uses occurring in the precinct.

Description of Denham Court precinct has been updated to clarify that the precinct is serviced by Sydney Water.

Description of land in relation to the Upper Canal has been amended to reflect reality. All references to land in East Leppington (west of Upper Canal) have been removed from the strategy as this land is largely urbanised.

Description of minimum lot sizes do not need to be updated to reflect differences between East Leppington and Denham Court, as all references to land in East Leppington (west of Upper Canal) have been removed from the strategy.

Guiding Criteria

Water NSW requested that any rezoning proposals within proximity of the Upper Canal corridor be referred to them at public exhibition stage.

This request has been incorporated into the updated ‘Guiding criteria’ section of the strategy.

Riparian buffer zones

NSW Department of Primary Industries (Fisheries) have requested that the following information is incorporated into the Liverpool DCP:

· Riparian buffer zone widths as outlined in DPI Fisheries guidelines

· Clear delineation of riparian buffer zones

· Requirement to revegetate disturbed areas with local native species

· Design requirements for riparian buffer zones to incorporate the maintenance of lateral connectivity between aquatic and riparian habitat.

· Rehabilitation strategy for riparian zones

DPI (Fisheries) comments will be incorporated as part of any future DCP review.

Rationale of Action 1 has been expanded to include DPI (Fisheries) request.

Land acquisition

One submitter raised concerns regarding compensation for the acquisition of land for the Fifteenth Avenue Smart Transit corridor.

Although Council is the current road authority for Fifteenth Avenue, Transport for New South Wales (TfNSW) is likely to be the land acquisition authority in future. The relevant land acquisition authority will contact landowners to discuss compensation at an appropriate time.

Conclusion and Next Steps

The draft Liverpool Rural Lands Strategy was publicly exhibited for 60 days from 1 June to 1 August 2023. 13 submissions were received. In response to submissions received, changes to the Strategy are proposed.

Council strategies require endorsement from DPE so that they can be used to determine the strategic merit of planning proposals. Therefore, it is recommended that Council adopt the Liverpool Rural Lands Strategy and delegate to staff to send it to DPE for endorsement.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

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

ATTACHMENTS

1. Detailed Summary of Submissions (Under separate cover)

2. Submissions (Under separate cover) - Confidential

3. Draft Liverpool Rural Lands Strategy - post exhibition changes (Under separate cover)

Ordinary Meeting

22 November 2023

Planning & Compliance Report

PLAN 04

Post Exhibition Report - Renaming of Flynn Avenue, Sixteenth Avenue, Hall Circuit and Qantas Boulevard to Flynn Avenue, Middleton Grange

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	349971.2023
Report By	Danielle Hijazi - Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

This report seeks a Council resolution on the renaming proposal for the street sections of Flynn Avenue/Hall Circuit/Sixteenth Avenue East/Qantas Boulevard to be rationalised to Flynn Avenue, Middleton Grange.

At its meeting on 30 August 2023, Council resolved to support the renaming and to publicly exhibit the proposal for 28 days. During the exhibition period, one (1) submission was received. The submission provided a suggestion that an alternative name, being Qantas Boulevard, be given consideration for the renaming of the above-mentioned street sections.

It is recommended that Council supports the renaming of the street sections of Flynn Avenue/Hall Circuit/Sixteenth Avenue East/Qantas Boulevard to Flynn Avenue, Middleton Grange, and delegates authority to the Chief Executive Officer to proceed with the process of gazettal.

RECOMMENDATION

That Council:

1. Notes the submission received on the renaming proposal;

2. Supports the renaming of the street sections of Flynn Avenue/Hall Circuit/Sixteenth Avenue East/Qantas Boulevard to Flynn Avenue, Middleton Grange

3. Delegates authority to the Chief Executive Officer to proceed with the process of gazettal.

REPORT

Background

Council received several inquiries from various property owners. They are experiencing significant challenges with essential services including Australia Post, Ambulance and various delivery services due to confusion and difficulty locating their property. The affected properties include those situated between Hall Circuit, Sixteenth Avenue East and Qantas Boulevard, as shown in figures 1 and 2 below.

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Figure 1: Flynn Avenue/Hall Circuit/Sixteenth Avenue East/Qantas Boulevard Street Sections – (Highlighted in yellow)

An aerial view of a city

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Figure 2: Hall Circuit/Sixteenth Avenue East/Qantas Boulevard affected properties (highlighted).

When considering a renaming proposal, staff are bound by Liverpool City Council’s own ‘Naming Convention Policy’, as well as the Geographical Names Board of NSW’s (the GNB’s) ‘NSW Address Policy and User Manual’.

Section 6 of the NSW Address Policy and User Manual states the following principles when considering a renaming request:

6.7.1 Ensuring Public Safety and Service Delivery Road names shall not risk public and operational safety for emergency response, or cause confusion for transport, communication and mail services. Many emergency responses and other public services (such as mail) are determined by the clarity of road names and road extents, and all road name proposals shall ensure that operations will not be adversely affected.

The existing Street sections and names all apply to a single contiguous road and are risking public safety and causing confusion for emergency and essential services.

6.7.7 Road Extents A road name shall apply from one end of the road to the other i.e. the point where the road finishes or intersects with another road or roads. The extent of a named road shall be defined by the formed road, and shall include only one section navigable by vehicles or foot.

The original plans for this road corridor have been superseded, and the road no longer needs to be split into individual segments. The extent of the existing street sections now start and end at illogical positions along the street, and not at the terminus of the street (via a corner or intersection). It is proposed that renaming the entirety of the street corridor to Flynn Avenue will make the street consistent with this policy direction.

6.7.9 Amending Road Names Road names are intended to be enduring, and the renaming of roads is discouraged unless there are compelling reasons for a change. Issues that can prompt renaming include the redesign of a road, changed traffic flow, mail or service delivery problems, duplication issues and addressing problems.

The existing Street sections and names are causing addressing, mail, and service delivery problems for residents.

Public exhibition

Submission

Agree that the naming of the street sections should be simplified and clarified. However, propose an alternative name to be considered being, Qantas Boulevard.

Justification

Qantas is a more memorable and distinctive name compared to Flynn Avenue and would be more easily remembered as the gateway to Middleton Grange. It may also add a boost to the image of the new development.

The name Flynn Ave may also have ties to the aviation history of Middleton Grange, however, Qantas is more widely recognisable as a historical link.

Response

Council staff considered continuing the Qantas Boulevarde name, but there were two reasons why Flynn was preferred; this relates to the name no longer being consistent with GNB policy, and the number of landowners impacted.

· The NSW Addressing Policy User Manual Section 6.7.5 Acceptable Road Names states: “Commercial and business names shall not be used, particularly where the name can be construed to be promoting the business. However, business names no longer in use and which promote the heritage of an area are acceptable.”

Qantas is the name of an active Australian airline and is considered to be a commercial and business names. The existing name was approved prior to the GNB’s policy advocating against using business names. Given that there are other street names in the suburb which have been in use for some time, which are more consistent with GNB policy, it is considered that the Qantas Street name should not be continued.

· If the street sections were renamed to Qantas Boulevard it would adversely affect approx. eighty-six property owners/residents who would need to change their address details as opposed to seven if Flynn Avenue is used.

The use of Flynn Avenue will cause the least amount of disruption to residents along the corridor. The street numbering starts at 1 at the western end of the street, and as such residents currently addressed to Flynn Avenue will not need to update any details resulting from this change. Residents in the sections of Hall Circuit, Sixteenth Ave East and Qantas Boulevarde, seven in total, would be assigned consecutive numbers from where the extent of Flynn Ave currently terminates; these residents (see figure 2) will need to update their address details.

The name Flynn commemorates Reverend John Flynn (1880-1951) an Australian Presbyterian minister who founded the Royal Flying Doctor Service, the world’s first air ambulance service. Reverend John Flynn is a significant figure in Australian aviation history.

Following a review of the submission received, it is recommended that Council supports the renaming of the street sections of Flynn Avenue/Hall Circuit/Sixteenth Avenue East/Qantas Boulevard to Flynn Avenue, Middleton Grange, and delegates authority to the Chief Executive Officer to proceed with the process of gazettal.

Next Steps

If supported by Council, the naming proposal for the renaming of the street sections of Flynn Avenue/Hall Circuit/Sixteenth Avenue East/Qantas Boulevard to Flynn Avenue, Middleton Grange will proceed to gazettal. Council staff will write to residents who need to update their property details notifying them of the change. Street signs, including the estate entry signage to Middleton Grange from Cowpasture Road, will also be scheduled to be replaced.

FINANCIAL IMPLICATIONS

The costs associated with replacing street and estate signs to be named Flynn Ave is estimated at $3,771.00.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility.
Legislative	Roads Act 1993. Roads Regulation 1998. Pursuant to section 162 of the Roads Act, Council may name and number all public roads for which it is the roads authority. Council may only name a road if it has given the Geographical Names Board at least one month’s notice of the proposed name. Regulation 7 (Roads Regulation 2018) prescribes a procedure for naming roads, requiring prior publication of a proposal, notification of relevant parties and consideration of submissions. If a relevant party objects, Council may not proceed with the proposal without ministerial approval.
Risk	The risk is deemed to be Low if the street naming process is not delayed. There is a risk that if Council fails to support the recommendation that emergency services may be unable to quickly attend to incidents within Middleton Grange. Given the recommendation, the risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Submission (redacted)

2. 30 August Council Report and Minutes

Ordinary Meeting

22 November 2023

Planning & Compliance Report

PLAN 05

Street Naming - Hoxton Park and Edmondson Park

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	363127.2023
Report By	Danielle Hijazi - Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

This report seeks Council endorsement to proceed with two street naming requests being, Tinonee Street, Hoxton Park and Gula Street, Edmondson Park.

The Street naming theme in Hoxton Park is Northern NSW towns, and Edmondson Park has a military theme.

The proposed name has been assessed using Council’s Naming Convention Policy and have been granted pre-approval by the NSW Geographical Names Board (GNB).

RECOMMENDATION

That Council:

1. Supports the proposed Street names “Tinonee” Street, Hoxton Park and “Gula” Street, Edmondson Park.

2. Forwards the names to the Geographical Names Board, seeking formal approval;

3. Publicly exhibits the names in accordance with Council’s Naming Convention Policy, for a period of 28 days, following formal approval from the GNB; and

4. Authorises the Chief Executive Officer to undertake the process of gazettal, if there are no submissions received during public exhibition.

REPORT

Tinonee Street, Hoxton Park

A Street naming proposal was received in September 2023, to name a new road that is currently under construction off Twentieth Avenue, Hoxton Park.

A map of a proposed area

Description automatically generated

Figure 1: Subdivision plan showing location of proposed Tinonee Street

A map of a land with a yellow triangle

Description automatically generated

Figure 2: Location of proposed Tinonee Street (ariel view)

The Street naming theme for the locality is Northern NSW towns and the proposed Street name Tinonee, has been assessed using Council’s Naming Convention Policy and the Geographical Names Board has granted pre-approval.

Tinonee is a small town located on the banks of the Manning River near Taree on the Mid North Coast of NSW.

A map of a city

Description automatically generated

Figure 3: Location of suburb Tinonee NSW (source: google maps)

The Manning Valley’s earliest inhabitants were the Biripi people.

They lived in an area that was a temperate rainforest containing several hardwood species, cedar trees and fig trees. The rainforest was divided by a deep river which was inhabited by fish and sharks.

The name Tinonee originates from the Gathang language and Biripi dialect “Tinobi”. “Tinobi” has been attributed two meanings, with the meaning that is given most emphasis being “Deep Water with sharks”. The alternative meaning is “Blady Grass”.

Whilst the name Tinonee does not represent a direct association with the Aboriginal heritage of Liverpool, the proposed name serves as a tribute to the indigenous history of New South Wales. Furthermore, the proposed name ensures a unified theme is continued for the locality.

Gula Street, Edmondson Park

A Street naming proposal was received in April 2023, from a consultant working with Transport for New South Wales (TfNSW), to name the access road for the Edmondson Park North Commuter car park.

A map of a military parade

Description automatically generated Figure 4: Location of proposed Gula Street (ariel view)

The Street naming theme for the locality is military and the proposed Street name Gula, has been assessed using Council’s Naming Convention Policy and the Geographical Names Board has granted pre-approval.

“Gula” as defined in the Dharawal language, means “killing spear”. Council has received a letter of support from Tharawal Aboriginal Land Council, affirming their endorsement for the use of the name (Attachment 1). Furthermore, the proposed name ensures a unified theme is continued for the locality.

Next Steps

If supported by Council, Tinonee Street, Hoxton Park and Gula Street, Edmondson Park will be placed on public exhibition for 28 days. If no objections are received, the naming requests will be forwarded to the GNB for formal approval and gazettal. Council officers will consider all submissions during the public notification period. The following three potential scenarios are likely to arise:

No objections received

The name will be forwarded to the GNB for formal approval and gazettal to the NSW Parliamentary Counsel’s Office (PCO) under the delegation of the Chief Executive Officer (or delegate). Relevant stakeholders such as Australia Post, NSW Ambulance, Fire and Rescue NSW, NSW Rural Fire Service, NSW State Emergency Service, NSW Volunteer Rescue Association, Transport for NSW and the NSW Police Force, will be notified.

Objections from the relevant agencies

Council will not proceed with the naming request. A report to Council will be prepared for the next available meeting outlining the reason for rejection.

Submissions received from the community

If there is community objection, or reason to reconsider the proposed name, a report will be prepared for the next available Council meeting recommending withdrawal of the naming request.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility.
Legislative	Roads Act 1993. Roads Regulation 1998. Pursuant to section 162 of the Roads Act, Council may name and number all public roads for which it is the roads authority. Council may only name a road if it has given the Geographical Names Board at least one month’s notice of the proposed name. Regulation 7(Roads Act) prescribes a procedure for naming roads, requiring prior publication of a proposal, notification of relevant parties and consideration of submissions. If a relevant party objects, Council may not proceed with the proposal without ministerial approval.
Risk	The risk is deemed to be Low. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Letter from Tharawal Aboriginal Land Council – Endorsement for use of Street name Gula.

Ordinary Meeting

22 November 2023

Planning & Compliance Report

PLAN 06

Amendment S3.22 of LLEP 2008 Middleton Grange Town Center - Map of Minimum Lot Sizes

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	367195.2023
Report By	Liana Pham - Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

A minor amendment to the Liverpool Local Environmental Plan 2008 (LLEP 2008) is requested for the correction of the minimum lot size map as a part of the Amendment 63 Middleton Grange Local Centre, to ensure consistency with other mapping amendments undertaken by Amendment 63 (i.e. other LLEP 2008 maps for the Middleton Grange Local Centre).

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 split zoning across the lots.

The final revised planning proposal was sent to the Department of Planning and Environment (DPE), and was gazetted on 27 April 2022, with a deferred commencement date of 1 November 2022 to allow time for the VPA to be finalised. The VPA was formally executed on 24 November 2022.

However, the Lot Size Map was not amended in accordance with the other mapping layers which were amended as part of Amendment 63. The Lot Size Map currently reflects the old local centre configuration and is therefore an error.

On 22 June 2023, Council contacted the DPE seeking advice on how to resolve the issue of erroneous Lot Size Map and received advice on 26 July 2023 to proceed with the lodgement of a s3.22 amendment to rectify this matter.

This report seeks Council’s endorsement to progress the lodgement of a s3.22 amendment to the DPE to amend the Lot Size Map to make it consistent with the other map layers updated by Amendment 63 for the Middleton Grange Local Centre.

RECOMMENDATION

That Council:

1. Receive and note this report; and

2. Submit a s3.22 amendment request to the Department of Planning and Environment, to amend the Minimum Lot Size Map for Middleton Grange Local Centre as per this report.

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 split zoning across the lots.

Following extensive review and consultation, the revised planning proposal was forwarded to the Department of Planning & Environment for finalisation, as Council was not the plan making authority. Amendment 63 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.

Middleton Grange Local Centre - Lot Size Map

Amendment 63 included a range of map amendments to the LLEP 2008 land use zone and development standard maps, as shown in Table 1 below.

The Minimum Lot Size Map was not updated as part of the finalisation of the planning proposal. Therefore, the current map contains an inconsistent layout with the updated mapping for the centre. Given the significance of the proposed centre, it is prudent to rectify the mapping anomaly.

Table 1: Previous and Amended Maps for Middleton Grange Local Centre

Previous Land Use Map

Amended Land Use Map (Amendment 63)

Previous Floor Space Ration Map

Amended FSR Map (Amendment 63)

Previous Height of Buildings Map

Amended HOB Map (Amendment 63)

Table 2 below shows the existing and proposed Lot Size Map for the Middleton Grange Local Centre, which aligns with the new centre layout established by Amendment 63.

Table 2: Existing and Proposed Maps for Middleton Grange Local Centre

Existing Lot Size Map

Proposed Lot Size Map

Section 3.22 Amendment of LLEP 2008

Section 3.22 of the Environmental Planning and Assessment Act 1979 (EP&A Act) allows for expedited amendments of environmental planning instruments (i.e. the LLEP 2008), where certain criteria can be met. It is intended to apply Section 3.22 (1)(a) to proceed with an expedited amendment to the LLEP 2008. Justification is as follows:

a) correct an obvious error in the principal instrument consisting of a misdescription, the inconsistent numbering of provisions, a wrong cross-reference, a spelling error, a grammatical mistake, the insertion of obviously missing words, the removal of obviously unnecessary words or a formatting error,

The proposed change would correct the obvious error in the Liverpool LEP 2008, as the finalisation of Amendment 63 did not include an amendment to the Minimum Lot Size Map. This would ensure the consistency among the maps for the Middleton Grange Local Centre.

Next Steps

It is recommended to submit a s3.22 amendment request to the Department of Planning and Environment (DPE). If approved, the minor amendment will be made by DPE.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	There are no environmental and sustainability considerations.
Social	There are no social considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Section 3.22 & 3.36 of the Environmental Planning and Assessment Act 1979.
Risk	The risk is deemed to be Low. The proposed amendment is to correct an error. If the error in the LLEP 2008 is not corrected, there is a risk of delaying future development applications in the affected area.

ATTACHMENTS

Nil

Ordinary Meeting

22 November 2023

Planning & Compliance Report

PLAN 07

Draft 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	367788.2023
Report By	Noelle Warwar - Manager Community Standards
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

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.

RECOMMENDATION

That Council:

1. Endorse the draft ‘Compliance & Enforcement Policy’ for public exhibition for a period of not less than 28 days (Attachment 1).

2. Report back to Council the details of the submissions upon conclusion of the exhibition period.

REPORT

As a regulator, Council is obliged under certain legislation including but not limited to the Local Government Act 1993, Environmental Planning and Assessment Act 1979, Protection of Environment Act 1991, Public Spaces (Unattended Property) Act 2021 and Roads Transport Act 2013 to properly deal with allegations about unlawful activities relating 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.

review by governance & Legal

In preparing the draft policy, feedback was sought from Council’s Governance Team and Legal Services Team. The feedback provided has been considered and incorporated into the final draft policy.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

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. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Draft Compliance and Enforcement Policy

Ordinary Meeting

22 November 2023

Planning & Compliance Report

PLAN 08

Amendment S3.22 of SEPP - Sydney Region Growth Centre - Zoning Map

Strategic Objective	Evolving, Prosperous, Innovative Implement planning controls and best practice urban design to create high-quality, inclusive urban environments
File Ref	382945.2023
Report By	Talia Saad - Assistant Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

A minor amendment to the State Environmental Planning Policy (Precincts – Western Parkland City) 2021 is requested for the correction of the zoning map concerning a SP2 Infrastructure (Local Drainage) zone anomaly. This is to ensure that the drainage channel better reflects the existing path of the watercourse and avoids any acquisition of the existing dwelling on the associated property.

On 18 October 2023, a referral was sent to Strategic Planning for the land concerning 110 Eighteenth Avenue, Austral, NSW 2179 as the current owner of property 110 Eighteenth Avenue has been waiting for Council to acquire his property as per the acquisition layer. However, after examining the historical imagery of the creek’s transition overtime, it is evident that the creek channel does not traverse through the existing dwelling.

To counter this acquisition burden on the owner, Strategic Planning and relevant internal stakeholders including Floodplain Engineer, Environmental Management and Property Manager unanimously agreed to reach out to the Department of Planning and Environment (DPE) to amend the zoning map so as to remove the SP2 Infrastructure zone from the owner’s land, hence removing the land acquisition burden on council.

This report seeks Council’s endorsement to progress the lodgement of a s3.22 amendment to the DPE to amend the Zoning Map to amend the creek line and remove the acquisition burden from the property owner’s existing dwelling.

RECOMMENDATION

That Council:

1. Receive and note this report; and

2. Submit a s3.22 amendment request to the Department of Planning and Environment, to amend the Zoning Map for 110 Eighteenth Avenue, Austral 2179 as per this report.

REPORT

Amendment to the Growth Centre SEPP Zoning Map

Presently, the adjoining property to the east has an existing waterway running parallel to the eastern side property boundary, then bends west at road verge, refer to Figure 1.

A map of a neighborhood

Description automatically generated Figure 1: Current zoning at 100 -110 Eighteenth Avenue, Austral.

Retaining the placement of the SP2 (Local Drainage) layer would have a significant impact on the current property owner, as Council would need to acquire the residential dwelling which is currently impacted by the SP2 zoning as identified in Figure 1. Further, from a hydraulic perspective, the conveyance capacity of the current channel is very low and hence floods in frequent storm events. However, the upgraded channel shall have sufficient conveyance capacity and will provide a more natural watercourse as illustrated in Figures 2 and 3.

Figure 2: Proposed SP2 drainage and existing creek line at 100 -110 Eighteenth Avenue, Austral.

Figure 3: Existing and proposed zoning at 100 -110 Eighteenth Avenue, Austral.

The following are reasons to upgrade the drainage reserve at 110 Eighteenth Avenue:

· Upgraded waterway to have sufficient conveyance capacity,

· Avoid sharp bend and provide transition at culverts,

· Move away from road verge to prevent road reserve from flooding,

· Avoid acquisition of the existing dwelling, and

· Providing relief for the existing land owner.

The zoning map was not updated in line with the existing creek line. The current map is associated with a number of issues which are currently affecting both Council and the land owner. Due to the significance of pressure and constant back and forth communication between the land owner and Council about acquiring their land, it is prudent to rectify the mapping anomaly.

Section 3.22 Amendment of Growth Centre SEPP

Section 3.22 of the Environmental Planning and Assessment Act 1979 (EP&A Act) allows for expedited amendments of environmental planning instruments (i.e. Growth Centre SEPP), where certain criteria can be met. It is intended to apply Section 3.22 (1)(a) to proceed with an expedited amendment to the State Environmental Planning Policy (Precincts – Western Parkland City) 2021. Justification is as follows:

The proposed change would correct the obvious error in the State Environmental Planning Policy (Precincts – Western Parkland City) 2021. This would ensure there is no acquisition burden on the land owner and the creek anomaly is altered to suit better informed study of the creek line.

Next Steps

It is recommended to submit a s3.22 amendment request to the DPE. If approved, the minor amendment will be made by DPE.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
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.
Social	There are no social and cultural considerations.
Civic Leadership	Act as an environmental leader in the community.
Legislative	Section 3.22 & 3.36 of the Environmental Planning and Assessment Act 1979.
Risk	The risk is deemed to be Low. The proposed amendment is to correct an error. If the error in the State Environmental Planning Policy (Precincts – Western Parkland City) 2021is not corrected, there is a risk.

ATTACHMENTS

Nil

Ordinary Meeting

22 November 2023

Community & Lifestyle Report

COM 01

Grants Donations and Community Sponsorship Report

Strategic Objective	Healthy, Inclusive, Engaging Promote a harmonious community that celebrates its diversity
File Ref	356560.2023
Report By	Jacqueline Newsome - Coordinator Community Development
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

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

This report provides a recommendation for endorsement of funding totalling $14,244 from the Community Grants Program and the Matching Grant Program.

RECOMMENDATION

That Council:

1. Endorses the funding recommendation of $8,500 (GST exclusive) under the Community Grant Program for the following projects:

Applicant	Project	Recommended
CORE Youth Services	BBQ in the Park – Youth Outreach Program	$3,500
Non-Resident Nepali Association (NRNA)	Empowering Women’s Health and Safety Awareness Program	$5,000

2. Endorses the funding recommendation of $5,744 (GST exclusive) under the Matching Grant Program for the following project:

Applicant	Project	Recommended
The City of Liverpool & District Historical Society	Collection Storage	$5,744

REPORT

Community Grant Program

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

Applicant	CORE Youth Services
Project	Outreach BBQs
Amount Requested	$3,500	Total Project Cost	$7,500
Location	Bigge Park, Liverpool 2170	Date	November 2023 to June 2024
About the Applicant	Serving the Liverpool LGA for over 40 years, CORE Youth Services is a part of CORE Community Services, focusing on youth support services. A not-for-profit organisation, CORE provides a wide range of services, activities and programs for aged & disability care, children's services, multicultural communities, and youth services. CORE Youth Services are seeking funding opportunities to deliver programs that support young people and connect them to appropriate services and activities.
Description	Objectives: The Outreach BBQ program will provide a soft entry point for young people to access services that meet their needs and promote activities and events that target young people. The BBQ program aims to: · Provide a safe space for young people to socialise, access support services and interact with trained staff. · Provide an opportunity for young people to give feedback and inform future activities and events in the Liverpool LGA; and · Improve collaboration and coordination of community support and services. Funding will be used to purchase weekly BBQ materials such as meat and bread, cooking supplies and a BBQ stand. Outcomes: · Improved access to information and support services for young people. · Increased participation of young people in community activities and programs; and · Increased number of young people feeling a sense of safety and inclusivity while building connections in their community.
Beneficiaries	· Youth community, local services, and support groups.
Assessment	Recommended for Funding - $3,500 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible, and meets the Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 a) b) and d)

Applicant	Non-Resident Nepali Association (NRNA)
Project	Empowering Women’s Health and Safety Awareness Program
Amount Requested	$5,000	Total Project Cost	$5000
Location	Liverpool CBD, 2170 NSW	Date	November 2023
About the Applicant	Non-Resident Nepali Association (NRNA) Australia is a not-for-profit organisation uniting the Nepali community through inclusive events that focus on health, wellbeing, assimilating in Australia whilst promoting the Nepalese culture and embracing multiculturism in Australia. The NRNA recognises the large number of Nepalese migrants, particularly women that are living in the Liverpool LGA whom need intervention and education programs that focus on women’s health and safety.
Description	Objectives: The Empowering Women’s Health and Safety Awareness campaign is a free program aimed at raising awareness and providing valuable information on three critical issues that affect women’s lives: breast cancer, menopause, and domestic violence. Through a multifaceted event in the Liverpool CBD with professional guest speakers, this initiative will combine education, outreach, and support, to empower women to take control of their health and well-being. This event will equip guests with: · Breast cancer resources and information on local screening sites, early detection procedures, and support networks available to women. · Medical information on menopause from bi-lingual guest speakers; and · Information on Australian Law around domestic violence and resources on breaking the stigma of reporting violence at home. Outcomes: · Increase participation of CALD women in community health activities. · Improved access to information, resources and networks that address domestic violence; and · Strengthened social and physical wellbeing for women through early intervention programs centred around menopause and breast cancer detection and screening.
Beneficiaries	· CALD Women, local women’s health networks, and DV support groups.
Assessment	Recommended for Funding - $5,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, and Objective 4 - Visionary, Leading, Responsible, and meets the Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 a) b) and c)

Matching Grant Program

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

Applicant	The City of Liverpool & District Historical Society
Project	Collection Storage
Amount Requested	$5,744	Total Project Cost	$11,487.40
Location	Hilda M Davis Centre, Liverpool 2170 NSW	Date	November 2023
About the Applicant	The City of Liverpool & District Historical Society Incorporated is a not-for-profit community organisation established in 1959. Society is dedicated to the research and promotion of local history, and committed to the conservation, preservation and restoration of local objects and photographs. This year in November, the Liverpool & District Historical Society will permanently relocate from Liverpool Library to the Hilda M Davis Senior Citizens Centre.
Description	Objectives: The City of Liverpool & District Historical Society is the custodian of many significant artifacts, portraits and artworks dating back to the 1800s. Due to the relocation to the Hilda M Davis Senior Citizens Centre, a more efficient storage system is required to accommodate the collection. Funding is required for the purchase and installation of a Compactus storage system to ensure the artefacts are preserved for future generations to appreciate. Outcomes: · Strengthen, promote, and preserve community connection to local heritage; and · Increase the number of residents engaged in Liverpool’s History through an accessible records system.
Beneficiaries	· Liverpool residents and future generations of Liverpool, Historical research groups, and The City of Liverpool & District Historical Society.
Assessment	Recommended for Funding - $5,744 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, and Objective 4 - Visionary, Leading, Responsible, and meets the Matching Grants Program’s funding priorities. Expected program outcomes 7.6.2 a) b) and e)

FINANCIAL IMPLICATIONS

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

COMMUNITY SPONSORSHIP
Budget	Balance	Recommended for funding in this report	Remaining
$100,000	20,971	Nil	20,971
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$102,000	$47,739	$8,500	$39,239
MATCHING GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$200,000	$185,200	$5,744	$179,456
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report	Remaining
$75,000	$70,000	Nil	$70,000
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding in this report	Remaining
$477,000	$323,910	$14,244	$309,666

CONSIDERATIONS

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

ATTACHMENTS

Nil

Ordinary Meeting

22 November 2023

Community & Lifestyle Report

COM 02

Council Meeting Dates - January to December 2024

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	315241.2023
Report By	Susan Ranieri - Council & Executive Services Coordinator
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

The purpose of this report is to confirm the Council meeting schedule and Governance Committee meetings for the 2024 calendar year.

It is proposed that:

· Council meetings for the 2024 calendar year continue be held monthly commencing at 2.00pm;

· Council meetings to be held on the fourth Tuesday of the month, and

· Governance Committee meetings be held monthly commencing at 10:00am and be held on the second Tuesday of every month.

Exceptions will be accommodated as required.

RECOMMENDATION

That Council:

1. Confirms the Council meeting time as 2.00pm and Council meeting dates for the 2024 calendar year as follows:

· 6 February 2024

· 27 February 2024

· 26 March 2024

· 23 April 2024

· 28 May 2024

· 25 June 2024

· 23 July 2024

· 27 August 2024

· 22 October 2024

· 19 November 2024

· 10 December 2024

2. Confirms the Governance Committee meeting time as 10am, and meeting dates for the 2024 calendar year as follows:

· 13 February 2024

· 12 March 2024

· 9 April 2024

· 14 May 2024

· 11 June 2024

· 9 July 2024

· 13 August 2024

· 8 October 2024

· 12 November 2024

3. Advertises the Council meeting dates and commencing times of Council meetings for the 2024 calendar year.

REPORT

Section 365 of the Local Government Act 1993 stipulates that Councils must meet at least 10 times per year, each time in a different month. Section 366 of the Act makes provision for additional meetings to be called if necessary.

To assist in meeting statutory requirements and provide reporting consistency, it is proposed that the Council meetings for the 2024 calendar year remain on a monthly cycle. Council meetings be held on the fourth Tuesday of each month commencing at 2.00pm. Exceptions may be accommodated where required:

· As in previous years, a meeting in early February 2024 is recommended to be held to deal with business accumulated since 13 December 2023 which will be the last meeting of the year.

· Due to the Local Government elections, there is no Council meeting scheduled for September 2024.

· The November meeting is recommended to be held on the third Tuesday of November to allow for even more spacing of meetings at the end of the year.

· The December meeting is recommended to be held on the second Tuesday, to allow time for resolutions to be actioned (where possible) before the Christmas break.

Additional meetings can be called at any time, if necessary, subject to appropriate notice provisions.

It is recommended that the Council adopts the meeting dates for the 2024 calendar year as outlined in Table 1.

Table 1 – Proposed Council meeting dates 2024

Meeting date	Comments
6 February 2024	First meeting since the 13/12/2023 meeting to deal with accumulated business.
27 February 2024	Fourth Tuesday of the month.
26 March 2024	Fourth Tuesday of the month.
23 April 2024	Fourth Tuesday of the month.
28 May 2024	Fourth Tuesday of the month.
25 June 2024	Fourth Tuesday of the month.
23 July 2024	Fourth Tuesday of the month.
27 August 2024	Fourth Tuesday of the month.
No Council meeting in September due to the Local Government Election
22 October 2024	First meeting of the new Council. Fourth Tuesday of the month.
19 November 2024	Third (second last) Tuesday of the month.
10 December 2024	Second Tuesday of the month.

Table 2 – Proposed Governance meeting dates 2024

Meeting date	Comments
13 February 2024	Second Tuesday of the month.
12 March 2024	Second Tuesday of the month.
9 April 2024	Second Tuesday of the month.
14 May 2024	Second Tuesday of the month.
11 June 2024	Second Tuesday of the month.
9 July 2024	Second Tuesday of the month.
13 August 2024	Second Tuesday of the month.
No Council meeting in September due to the Local Government Election
8 October 2024	Second Tuesday of the month.
12 November 2024	Second Tuesday of the month.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	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. Operate a well-developed governance system that demonstrates accountability, transparency, and ethical conduct.
Legislative	Local Government Act 1993, sections 360 and 365 Local Government (General) Regulation 2021, section 232 Code of Meeting Practice, paragraph 3.1; The Council shall, by resolution, set the frequency, time and date of its ordinary meetings.
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

22 November 2023

Corporate Support Report

CORP 01

2023/24 - Quarter 1, Budget Review

Strategic Direction	Generating Opportunity Meet the challenges of Liverpool’s growing population
File Ref	376983.2023
Report By	Vishwa Nadan - Chief Financial Officer
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

Operating budget

The table below provides a summary of Council’s original 2023-24 operating budget and the revised operating budget as at 30 September 2023 (Q1).

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.

The proposed budget changes as part of Quarter 1 review will result in a $8.2 million net operating deficit before grants and contributions for capital purposes. Details of budget adjustments are provided (Refer attachments 1 and 2 – Note D).

These projections were compiled after extensive consultation with key staff across the Council and are based on Council resolutions, program initiatives and market trends available at the time of reporting. The following significant assumptions include:

· Higher market interest rates and cash holdings due to unspent Liverpool Civic Place loan funds (in early months of 2023/24) 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.

· Additional funds of $0.9 million required to carry out emergency and preventative road repair works and to clear the backlog of concrete maintenance works.

· On-going review of resource requirements to achieve corporate initiatives has resulted in an investment in additional unbudgeted positions and program costs. The $1.8 million cost associated with engagement of additional staff resources is expected to be absorbed by salary savings from current vacancies and deferred recruitment across the Council. Program costs in the order of $0.9 million are estimated.

· 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.

· Additional funds of $0.6 million required for VPAs consultancy costs, LEP review study and planning proposal studies and peer reviews.

· Additional $23 million loan for the Liverpool Civic Place is expected to be drawn down in November 2023 and will increase borrowing costs by $0.6 million in FY 2023/24.

· $0.5 million higher than budgeted cost of insurance premium for the current year.

· Inclusion of other changes (detailed below) which will unfavourably impact budget by $1.2 million.

Capital budget

The table below provides a summary of Council’s original 2023/24 capital budget and the new revised capital budget as at 30 September 2023 (Q1).

The current Q1 review has resulted in a $24.7 million overall increase to $342.3 million budget inclusive of $90 million carryover and resolutions (Refer attachment 3 – Note E).

Unrestricted cash

On 1 July 2023, Council had an unrestricted cash balance of $25.6 million. This is projected to be $31.5 million by 30 June 2023 (Refer attachment 6).

Key financial indicators (refer attachment 7)

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

KPI	Indicator	Comment
Operating performance ratio		No material change. Requires Council to achieve a balanced budget before capital grants and contributions
Own source operating ratio		Council’s 57% is close to the benchmark of 60%
Debt service ratio

RECOMMENDATION

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

REPORT

Legislative requirements

Section 203(1) of the Local Government (General) Regulation 2021 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. This report provides an overview of the results on the financial review for the quarter ended 31 March 2023 (Q3).

Operating budget

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.

A comprehensive budget review conducted for the quarter ending 30 September 2023 (Q1) has resulted in $8.2 million net operating deficit before grants and contributions for capital purposes. A summary of the required adjustments is detailed in Attachment 2.

As part of the budget review, managers have conducted a review of their programs with a view to providing a revised forecast for the financial year ending 30 June 2024. Managers took into consideration events that have occurred to date and/or information that has become available since the adoption of the original budget and the impact of which provides the basis for the budget adjustments.

The following significant assumptions include:

· Higher market interest rates and cash holdings due to unspent Liverpool Civic Place loan funds (in early months of 2023/24) is expected to yield additional $3 million interest earnings.

· Additional funds of $0.9 million required to carry out emergency and preventative road repair works and to clear the backlog of concrete maintenance works.

· Additional funds of $0.6 million required for VPAs consultancy costs, LEP review study and planning proposal studies and peer reviews.

· Additional $23 million loan for the Liverpool Civic Place is expected to be drawn down in November 2023 and will increase borrowing costs by $0.6 million in FY 2023/24.

· $0.5 million higher than budgeted cost of insurance premium for the current year.

· Inclusion of other changes which will unfavourably impact budget by $1.2 million:

o $ 250k additional costs to clean Warren Service way carpark

o $217k reduction in operating grants (Better Waste program ceased)

o $200k additional legal expenses relating to court action taken against Canterbury/ Bankstown Council on Voyager Point Footbridge matter

o $170k various works on flood study, dam safety and water quality

o $132k reduction of on-street and Bathurst carpark revenue

o $110k After hours on-call services

o $100k additional cost related to integrated pest management policy as resolved by Council.

Capital budget

As at 30 September 2023, Council has a capital expenditure program of $342.3 million as detailed in Attachment 3.

The Q1 budget review has resulted in a $24.7 million increase to Council’s capital expenditure program (Refer attachment 1 – Note E). The budget adjustments include the following:

New requests:

· + $22.3 million land acquistion of 600 Cowpasture Road settled in July 2023;

Deferred projects:

· - $4.0 million construction of Flood Detention Basin 29 at Austral deferred due to ongoing land acquisition;

· - $4.0 million Sinozich Park design and construction deferred to future program year due to review of Council’s program of priority projects;

· - $2.4 million upgrade of various regional road and culvert deferred to next financial year;

· - $2.0 million Carnes Hill Outdoor Sporting and Recreation Facilities to be deferred to next financial year;

· - $1.7 million construction of Edmondson Park raingarden D13 and D14 deferred to future program year to coincide with future works undertaken in the area;

· - $1.0 million construction of Flood Detention Basin 11 deferred to future program year due to review of Council’s program of priority projects;

Budget variations:

· + $24.0 million Fit out for Liverpool Civic Place;

· - $3.8 million Lighthorse Park Redevelopment – car park to be delivered as per the revised deed from Liveability grant program;

· - $2.0 million upgrade of Kurrajong Road / Lyn Pde intersection timeframe extended due to major service relocation works required;

· - $1.5 million construction of Lighthorse Park Play Area and Open Space based on WestInvest deed funding realignment;

· - $1.1 million Lighthorse Park Community Hub design component and documentation to commence later than originally anticipated;

· - $1.2 million Bernera Road upgrade at Yarrunga St / Yato Rd project timeframe extended due to major service relocation works required;

· - $4.6 million Gov Macquarie Drive upgrade – Munday St to ATC access project will not be completed this program year.

The year-to-date capital expenditure to 30 September 2023 was $56.5 million.

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

· Attachment 1 – Summary Financial Results (Consolidated) – Q1 Budget Review Summary (QBRS): This report presents a summary of Council's budgeted financial position at end of the quarter.

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

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

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

· Attachment 6 – Forecast Cash and Investments: Providing a reconciliation of restricted and unrestricted funds held as at 30 September 2023.

· Attachment 7 – Key Performance Indicators

· Attachment 8 - Consultancy and Legal Expenses

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

· Attachment 10 - City Development Fund and Environment Levy

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

CONSIDERATIONS

Economic	The revised budget net operating result before Grants and Contributions following Quarter 1 Budget Review and Council resolutions to 30 September 2023 will be a deficit of $8.2 million.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government (General) Regulation 2021, section 203 Local Government Code of Accounting Practice and Financial Reporting The responsible accounting officer (RAO) is required to provide a budget review statement complying with the Code not later than two months after each quarter's end, including – · revised estimate of income and expenditure for the year by reference to the statement of Council’s revenue policy in the operational plan; · RAO’s report on whether the Council’s financial position is satisfactory, having regard to the original estimate; and · remedial action if the position is not satisfactory.
Risk	The risk is deemed to be low. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Consolidated Variance Report

2. Operating Budget Adjustments

3. Capital Budget Adjustments

4. Grant Status Report - Applications

5. Grant Status Report - Received

6. Reserve Movement Report

7. Key Performance Indicators

8. Consultancy and Legal Expenses Budget Review Statement

9. Contracts and Other Expenses Statements

10. City Development Fund and Environment Levy Reserves

Ordinary Meeting

22 November 2023

Corporate Support Report

CORP 02

Investment Report October 2023

Strategic Objective	Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources
File Ref	377699.2023
Report By	Vishwa Nadan - Chief Financial Officer
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

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

· Council held investments with a market value of $386 million.

· The Reserve Bank of Australia (RBA)’s official cash rate is at 4.35 per cent.

· The portfolio yield (for the year to October 2023) was 8 basis points above the benchmark (AusBond Bank Bill Index)

	AusBond Bank Bill Index (ABBI)
Benchmark	3.66%
Portfolio yield	3.74%
Performance above benchmark	0.08%

· The current ABBI benchmark reflects recent RBA actions to lift the cash rate. The portfolio performance is expected to be below ABBI benchmark in coming months and this trend will continue until such time low-yielding investments mature.

· Year-to-date, Council’s investment income was $1.73 million higher than the original budget. This is due to a combination of increase in market interest rates and unrealised gain in fair value of Floating Rate Notes (FRNs).

· Year-to-date, Council’s investment in mortgage-backed securities (MBSs) is valued at $381 thousand below face value. Council’s investment advisor continues to review Council’s investment in MBSs and recommends Council continue to hold its investments in the Class A and both Class C securities. There is significant uncertainty associated with these investments, however presently the investment advisor believes there is, on balance, more upside opportunity than downside risk. This is subject to ongoing regular review. MBSs are no longer rated.

· Council’s investments and reporting obligations fully complied with the requirements of section 625 of the Local Government Act 1993 and section 212 of the Local Government (General) Regulation 2021.

· Council’s portfolio also fully complied with limits set out in its current Investment Policy, noting the exception applicable to MBSs (as investment in them pre-dates the current Investment Policy).

· Council is committed to NSW TCorp’s balanced investment framework and held 18.98 per cent of its portfolio in ADIs rated BBB and below.

RECOMMENDATION

That Council receive and note this report.

REPORT

Section 212 of the Local Government (General) Regulation 2021 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

Council’s portfolio

At 31 October 2023, Council held investments with a market value of $386 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:

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

*Definition of terms

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

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

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

Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

Council is committed to NSW TCorp’s balanced investment framework and held 18.98 per cent of its portfolio in ADIs rated BBB and below.

Mortgaged-backed securities

Council’s investment advisor regularly reviews investments in grandfathered mortgage-backed securities (MBSs) and continues to recommend “hold” position on investments in Class A and both Class C securities.

There is significant uncertainty associated with these investments, however presently the investment advisors believe there is, on balance, more upside opportunity than downside risk. Notwithstanding this recommendation, the investment advisors has assessed that both Class C securities are likely to eventually default. However, Council will continue to receive interest up until default which is likely to be many years in the future. Fitch Rating Agency has decided to withdraw its rating on MBSs and as a result, Council’s investments in these securities are now classed as non-rated. Year-to-date, Council’s investment in MBSs are valued at $381 thousand below face value.

Portfolio maturity profile

The table below shows the percentage of funds invested at different durations to maturity.

Counterparty policy limit compliance

Credit rating policy limit compliance

Compliance with Investment policy – In summary

Legislative requirements		Fully compliant, noting exception applicable to grandfathered mortgaged-backed investments.
Portfolio credit rating limit		Fully compliant
Institutional exposure limits		Fully compliant
Overall portfolio credit limits		Fully compliant
Term to maturity limits		Fully compliant

Portfolio performance against relevant market benchmark

Council’s Investment Policy prescribes the AusBond Bank Bill Index (ABBI) as a benchmark to measure return on cash and fixed interest securities. The ABBI represents the average daily yield of a parcel of bank bills. Historically there has been a positive correlation between changes in the cash rate and the resulting impact on the ABBI benchmark.

The current ABBI benchmark reflects recent RBA actions to lift the cash rate. The portfolio performance is expected to be below ABBI benchmark in coming months and this trend will continue until such time low-yielding investments mature.

The portfolio yield for the year to October 2023 exceeded the ABBI index by 8 basis points (portfolio yield: 3.74%; ABBI: 3.66%).

Comparative yields for the previous months are charted below:

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Performance of portfolio returns against budget

Year-to-date, Council’s investment income was $1.73 million higher than the original budget. This is due to a combination of increase in market interest rate and unrealised gain in fair value of Floating Rate Notes (FRNs).

	YTD Budget	YTD Actuals	Budget Variance
Interest yield on cash holdings	$3.56m	$5.48m	$1.92m
Fair value market movement	$0.00m	-$0.19m	-$0.19m
Total	$3.56m	$5.29m	$1.73m

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Economic outlook – Reserve Bank of Australia

The Reserve Bank of Australia has increased the official cash rate to 4.35 per cent in its meeting on 7 November 2023.

Certificate of Responsible Accounting Officer

The Chief Financial Officer, as Responsible Accounting Officer, certifies that the investments listed in the attached report have been made in accordance with section 625 of the Local Government Act 1993, section 212 of the Local Government (General) Regulation 2021 and Council’s Investment Policy at the time of their placement. The previous investments are covered by the grandfathering clauses of the current investment guidelines issued by the Minister for Local Government.

CONSIDERATIONS

Economic	Council’s investment income was $1.73 million higher than the original budget at 31 October 2023.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Local Government Act 1993, section 625 Local Government (General) Regulation 2021, section 212 As required by the Local Government Act, Council is fully compliant with the ministerial requirements specified in the Local Government Act 1993 – Investment Order (relating to investments by councils) and with reporting requirements under section 212 of the Local Government (General) Regulation 2021.
Risk	The capital value and return-on-investment is subject to market risks. Investment limits prescribed in Council’s policy framework is aimed to mitigate these risks.

ATTACHMENTS

1. Investment Portfolio October 2023

Ordinary Meeting

22 November 2023

City Futures Report

CFD 01

2022-2023 Annual Report

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	348197.2023
Report By	Hiba Soueid - Manager City Strategy and Performance Vishwa Nadan - Chief Financial Officer
Approved By	Shayne Mallard - Director City Futures Farooq Portelli – Director Corporate Support

Executive Summary

The purpose of this report is to seek Council endorsement of the 2022-2023 Annual Report and Audited Financial Statements.

Council is required to present its Annual Report and Audited Financial Statements to the Office of Local Government within five months of the end of the financial year in accordance with Section 428 of the Local Government Act 1993.

The Annual Report is a comprehensive report to the community on the work undertaken by Council to deliver on the commitments of the Delivery Program via that year’s Operational Plan. In addition, the report includes the statutory requirements and Audited Financial Statements (under a separate cover) as specified by relevant pieces of legislation.

At its meeting on 25October 2023, Council authorised the issue and public exhibition of the 2022-2023 Audited Financial Statements in accordance with Section 417(5) of the Local Government Act 1993.

The financial statements together with the audit certificate were placed on public exhibition and lodged with the Office of Local Government.

Submissions closed on 3 November 2023. Council did not receive any submissions.

RECOMMENDATION

That Council receives and endorses the Annual Report and Audited Financial Statements for 2022-2023.

REPORT

The Annual Report for the 2022-23 financial year provides a comprehensive report to the community on Council’s financial and operational progress. It also includes the statutory information required by different pieces of legislation and Council's Audited Financial Statements which have been prepared in accordance with the Code of Accounting Practice and Financial Reporting.

The Annual Report is a key piece of the Council’s reporting and accountability to the community and stakeholders.

The report presents progress towards the outcomes of the Community Strategic Plan 2027, projects and actions in the Delivery Program 2017-22 and Operational Plan 2021-22, as well as key financial and statutory data.

The report is structured to effectively communicate Council’s vision and commitment to the community, showcase its ability to lead and deliver on promises, and profile Council’s activities and achievements. Additionally, it recognises and celebrates the significant contributions of staff members.

To comply with the Local Government (general) Regulation, the Annual Report and Audited Financial Statements must be endorsed by Council within five months of the end of the financial year, published on Council's website, and provided to the Minister for Local Government.

At its meeting on 25 October 2023, Council authorised the issue of the 2022-2023 audited financial statements.

The financial statements together with the audit certificate were lodged with the Office of Local Government in accordance with Section 417 of the Local Government Act 1993 (The Act).

The audited financial statements were placed on public exhibition and members of the community were invited to make submissions as per Section 420 of The Act. Submissions closed on 3November 2023.

The Act also requires Council to refer all submissions to its auditor. Should any submission include matters of significant omissions and/or misstatements in the financial statements, appropriate steps prescribed by the Office of Local Government will be taken to amend the financial statements. Council did not receive any submissions.

It is recommended that Council endorses the Annual Report and Audited Financial Statements for 2022-2023.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	The audited financial results for the ended 30 June 2023 are contained and presented in this report.
Civic Leadership	The Annual Report sets the direction for Council’s strategic agenda, including all economic, environmental, social and civic leadership requirements.
Legislative	The Annual Report has been developed in line with the Local Government Act 1993. In particular, Section 428 of the Local Government Act states: · “The council must prepare an annual report within 5 months of the end of the financial year.” · “The report will outline the council’s achievements in implementing its Delivery Program through that year’s Operational Plan, and report on the effectiveness of the principal activities undertaken to achieve the objectives in that year.” · The report must contain the council’s audited financial statements and notes and any information or material required by the Regulation or the Guidelines. The Annual Report also provides the statutory information required by other pieces of legislation which are relevant to Council.
Risk	The risk is deemed to be High. Failure to provide regular progress reports to the council may result in non-compliance with the above legislation and may result in enforceable action by the Office of Local Government, Planning Policy. Financial risk management issues are included in the financial statements.

ATTACHMENTS

Nil

Ordinary Meeting

22 November 2023

Operations Report

OPER 02

Carnes Hill Recreational Precinct Stage 2 (CHRPS2) - Amended Masterplan

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	363604.2023
Report By	Iqra Hoda - Project Officer, Community Planning
Approved By	Jason Breton - Director Operations

Executive Summary

This report seeks Council’s endorsement for a revision to the Carnes Hill Recreation Precinct Stage 2 Masterplan to manage construction around high-voltage electricity cables through the centre of the site.

In 2022 Council endorsed a masterplan designed on the assumption that undergrounding the cables was within the budget of the project. Since then, Carnes Hill was announced as a recipient of WestInvest funds with a requirement to deliver the project by June 2027.

The project is now under way and recent investigations with TransGrid found that undergrounding the cables would cost $12.7 million (24 per cent of the budget) and take up to four years to complete. The cost would have a significant impact on the project budget and the timeline risking delivery of the project within the terms of the WestInvest funding agreement.

To ensure the project is delivered on time and on budget, this report is seeking a masterplan revision which designs the project in line with TransGrid’s requirements for the electricity cables.

RECOMMENDATION

That Council adopts the amended master plan for the Carnes Hill Aquatic and Recreational Precinct.

REPORT

BACKGROUND

In November 2018 Council resolved to investigate a suitable use for the site known as Carnes Hill Recreation Precinct Stage 2 (CHRPS2).

In 2019 Council commenced the development of a Masterplan for CHRPS2 which it adopted on 25 November 2020 (see Figure 1 below). The endorsed master plan from 2020 divided the precinct into two sections. The 'North Site' features two sporting fields with spectator seating areas, open-air sports courts, and associated car parking. The 'South Site' incorporates the new aquatic centre with a 50m indoor swimming pool, an outdoor splash park, a children's playground, and its corresponding car parking facilities.

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Figure 1: Endorsed Concept Plan 2020

During the initial 2020 master planning phase, the architect (COOP) considered the physical site constraints, including the presence of high voltage powerlines running diagonally through the site. The quantity survey at the time estimated it would cost $5m to underground the powerlines. The 2020 masterplan was used as the basis for the WestInvest funding application for the Carnes Hill Aquatic Centre in mid-2022.

In 2022 Council completed an analysis of the LGA‘s aquatic requirements to guide strategy and design for aquatic and leisure offerings in the future. The Aquatic Leisure Centre Provision Implementation and Priority Plan (the Aquatic Plan) adopted in 2022 forecasted the increased demand for hydrotherapy, aqua aerobics and swim school programs and a decline in demand for traditional 50m lap swimming facilities.

The CHRPS2 masterplan was updated and adopted 14 December 2022 to incorporate the findings of the Aquatic Plan (including reducing the pool from 50m to 25m) and integrating the new facilities within the site’s natural landscape setting, on the assumption that relocating the overhead powerlines underground was feasible. The costs associated with undergrounding the powerlines were escalated to $6m in 2022 (See Figure 2).

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Figure 2: 2022 Cost comparison with escalation.

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Figure 3: 2022 Master plan.

In February 2023 Council was advised the WestInvest funding application was successful and would proceed to a Deed of Agreement. The funding would provide $53.4 million to deliver the aquatic and recreational centre on site.

Because the application was based on the original 50m pool, a report went back to Council in March 2023 to update the latest master plan to include the 50m pool.

Since the commencement of the detailed design phase for the Development Application (DA) in July 2023, a series of early works investigations were undertaken.

This included communication with the utility provider TransGrid, who own and manage the High Voltage transmission lines that cross the site. Upon review of the endorsed master plan, they advised that the proposal to underground the 330KV powerlines was both cost and time prohibitive, given the grant funded schedule and tight program.

Council has received the following advice from TransGrid in response to their review of the 2022 Masterplan:

“Regardless of the alignment of the transmission line, the current plans will require significant changes to meet the easement guidelines so it may be more practical to re-assess the design taking proper account of the easement before looking into a realignment of the transmission line easement. This would, for example, include repositioning or redesigning the Gymnastics, Health and Fitness area.” Received 26 September 2023.

“Undergrounding a small (1-2 spans) section of a high voltage 330kV transmission line is not possible as its cost/time prohibitive, there are also requirements for extensive underground cable and transition station easements and the need for large transition stations (similar to substations) at either end of the underground cable as well as extensive exclusion zones (outside of these cable easement/transition stations areas) to mitigate Earth Potential Rise risk. Typical costs for undergrounding would be $20m per km.

“Please also note that modifying TransGrid’s transmission network to meet the individual needs of proponents is a significant task. Extensive planning, coordination, engineering and construction activities are required. The costs for all of these activities are borne by the party requesting the change including any prefeasibility consultancy work, scoping study and actual design/construction activities. Typical timeframe are 3-4 years of planning, design and construction.” Received 25 October 2023.

Based on TransGrid’s advice the cost of relocating 465m (approximate length) of cables underground is estimated at $9.3m plus additional expenses related to the transmission stations and consultancies. This equates to 24% of the WestInvest budget.

The 4-year planning timeframe would provide a substantial obstacle to delivering the project on time as construction of the aquatic centre would be delayed beyond the grant timeframe due to the extensive planning, coordination, engineering and construction works required. The cost and time associated with environmental and development approvals as well as community consultation and property acquisition will also be borne by Liverpool City Council.

Therefore, purpose of this report is to seek Council approval for the amended masterplan for Carnes Hill Aquatic and Recreational Centre as shown in Figure 4. The amended design eliminates the risks involved with the relocation of the high voltage transmission lines, while maintaining the same design outcomes for the precinct.

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Figure 4: 2023 Amended master plan. (see attached for higher resolution and scale version)

The revised design has been amended to adhere to TransGrid's 'Easement Guidelines' to prevent any potential design-related issues during the Development Application (DA) or Construction Certificate (CC) stages. Additional design refinements may be necessary as the project progresses through the DA process.

FINANCIAL IMPLICATIONS

It is estimated that it would cost Council approximately $12.7m to underground the powerlines. This estimate is based on advice from TransGrid and a memo provided by quantity surveyors Turner and Townsend. The WestInvest funding application was based on the 2020 master plan which had no budget allocated in the grant funds to underground the cables. As a result, Council would need to allocate an additional $12.7m to the project.

TransGrid has advised planning and construction of underground cables will take up to four years. This carries considerable risk to the project timeline as the construction schedule of the aquatic centre would have to be revised around TransGrid’s work schedule and resources available.

If Council adopts the recommended masterplan, the cost and time delay risks associated with the TransGrid powerlines will be avoided.

CONSIDERATIONS

Economic	The financial impacts are outlined in the report above.
Environment	Protect, enhance and maintain areas of endangered ecological communities and high-quality bushland as part of an attractive mix of land uses.
Social	Deliver high quality services for children and their families.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Deliver services that are customer focused.
Legislative	Local Government Act. 1993
Risk	The risk to the project is considered Low if Council adopts the revised masterplan. The risk to the project would be High if Council delays adoption or does not adopt the revised masterplan.

ATTACHMENTS

1. Carnes Hill Aquatic and Recreational Precinct Amended Master plan 2023

2. Review of HDV Costs

Ordinary Meeting

22 November 2023

Operations Report

OPER 03

Early Introduction of Mattress Processing - Fees and Charges

Strategic Objective	Liveable, Sustainable, Resilient Manage waste effectively and maximise recycling opportunities
File Ref	372238.2023
Report By	Tim Pasley - Manager Resource Recovery
Approved By	Jason Breton - Director Operations

Executive Summary

On September 27, 2023, Council was presented with a report, titled CONF 07 Circular Economy Project (CEP) 1. This report unveiled Council's strategic business plan for initiating mattress shredding operations and offering fee-for-service solutions to other Councils, with the intended implementation in the upcoming financial year 2024/2025.

On October 13, 2023, Council received official approval to commence operations at the Rose Street depot. This approval grants Council the valuable opportunity to expedite its operational timeline beyond the initial expectations.

Within this report, two crucial fees and charges are outlined for Council's consideration. The introduction of these new charges not only facilitates the expansion of mattress processing services to other Councils but also accelerates the timeline for doing so, contingent upon Council's available capacity. This proactive approach underscores Council's commitment to sustainable waste management and the circular economy and its role as a service provider to neighbouring Councils in the region.

RECOMMENDATION

That Council endorses the fees and charges in this report pending a thirty-day public exhibition period.

REPORT

On 27^th September Council resolved under CONF 07 that fees and charges be introduced, as per resolution below,

3. Note that the agreed service charge will be included as part of the Fees and Charges setting process 2024/2025

As part of this resolution, it was agreed that the service charge would be included in the Fees and Charges setting process for the 2024/2025 fiscal year. However, due to growing interest from other Councils and the potential for an earlier start date for this mattress processing operation, there is a need to adopt these fees and charges sooner pending Public exhibition.

Following endorsement The new fees and charges outlined will be presented on public exhibition for thirty days.

The specifics of these new fees and charges are as follows:

#	Fee and Charges	Amount Including GST	Description
1	Mattress Processing Fee – Delivered at Liverpool City Council Depot	$30	This fee structure is established on a per-mattress basis, applicable to each mattress delivered to and processed at the designated Liverpool City Council facility. This fee is charged on the basis of cost recovery.
2	Mattress Cage Collection & Processing Fee – Collected from Metro Sydney Council Depot	$40	This fee is structured as a per-mattress rate, collected from a metropolitan Sydney Council, and subsequently processed at the designated Liverpool City Council facility. This fee is charged on the basis of cost recovery.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	Facilitate economic development.
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	Include any relevant legislation and section here. There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

22 November 2023

Committee Reports

CTTE 03

Minutes of the Civic Advisory Committee meeting held on 31 October 2023

Strategic Objective	Healthy, Inclusive, Engaging Promote a harmonious community that celebrates its diversity
File Ref	373489.2023
Report By	Susan Ranieri - Council & Executive Services Coordinator
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

This report is tabled to present the Minutes of the Civic Advisory Committee meeting held on 31 October 2023.

The report also contains amended minutes of the Civic Advisory Committee meeting held on 17 August 2023 to reflect an interest that was not noted in the minutes that had been endorsed by Council at its meeting on 27 September 2023.

RECOMMENDATION

That Council:

1. Receive and note the amended minutes of the Civic Advisory Committee meeting held on 17 August 2023.

2. Receive and note the Minutes of the Civic Advisory Committee meeting held on 31 October 2023.

3. Endorse the actions in the Minutes.

REPORT

The amended Minutes of the Civic Advisory Committee meeting held on 17 August 2023 were endorsed by Council at the 27 September 2023 Council meeting. However, an interest from a committee member was not recorded in these minutes. These minutes have now been amended to include the interest, which is shown in red and is attached to this report as attachment 1.

The minutes of the Civic Advisory Committee meeting held on 31 October 2023 are attached for the information of Council as attachment 2.

The minutes of the 31 October 2023 contain the following actions or Committee recommendations:

Item 04 – Update on Status of Resolutions from Previous Meeting

i. John Edmondson VC Statue

Acton item:

· This item be tabled at the next meeting.

ii. Maria Locke Award

Action items:

· That staff circulate the research material to all Committee members.

· That the Maria Locke Award be placed on the agenda for the next meeting for further discussion.

Civic Awards Policy and Charter

Action Items:

· A member of the Governance Team at Council be invited to present to the Committee on managing interests.

· That Council staff check with the Ethics Centre around best practice framework to guide decision making.

· This item be tabled at the next Civic Advisory Committee meeting.

Item 05 – Australia Day Awards

A separate report is included in the confidential section of the 22 November 2023 Council agenda in relation to recommended recipients to receive an Australia Day Award which was also discussed at the Committee meeting on 31 October 2023. As that part of the minutes contains personal information regarding recommended recipients to receive an Australia Day award, it has been excluded from the attached minutes.

Motion:

That the highest scoring person be the person the Committee nominates for the award.

Moton:

That Council staff compile a list of appropriate associations for each category for the Australia Day Awards and that a report come back on a best communications strategy on the Australia Awards including the possibility of inclusion in the rate notice.

Action Items:

· Council staff to draft a short one-page reference sheet guideline on how to complete a nomination form and to bring back to the Civic Advisory Committee for further consideration. The guide to include age for Young Citizen of the Year and Senior Citizen Awards.

· Council staff to amend the nomination forms (including online forms) and bring back to a Civic Advisory Committee meeting for consideration and endorsement.

· Council staff to prepare a list of contacts of all local appropriate Liverpool Council Committees, sporting organisations, associations, schools, hospitals, Youth Council, and cultural arts organisations in the Liverpool LGA so that the Committee may circulate the information in relation to nominating individuals for awards.

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	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles, and decision-making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency, and ethical conduct.
Legislative	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

1. Civic Advisory Committee Minutes from 17 August 2023 - excluding item 3

2. Civic Advisory Committee Minutes held on 31 October 2023 - excluding item 5

1
PLAN 04	Post Exhibition Report - Renaming of Flynn Avenue, Sixteenth Avenue, Hall Circuit and Qantas Boulevard to Flynn Avenue, Middleton Grange
Attachment 1	Submission (redacted)

1
PLAN 04	Post Exhibition Report - Renaming of Flynn Avenue, Sixteenth Avenue, Hall Circuit and Qantas Boulevard to Flynn Avenue, Middleton Grange
Attachment 2	30 August Council Report and Minutes

1
CORP 01	2023/24 - Quarter 1, Budget Review
Attachment 3	Capital Budget Adjustments

1
CORP 01	2023/24 - Quarter 1, Budget Review
Attachment 4	Grant Status Report - Applications

1
CORP 01	2023/24 - Quarter 1, Budget Review
Attachment 5	Grant Status Report - Received

1
CORP 01	2023/24 - Quarter 1, Budget Review
Attachment 6	Reserve Movement Report

1
CORP 01	2023/24 - Quarter 1, Budget Review
Attachment 7	Key Performance Indicators

1
CORP 01	2023/24 - Quarter 1, Budget Review
Attachment 8	Consultancy and Legal Expenses Budget Review Statement

1
CORP 01	2023/24 - Quarter 1, Budget Review
Attachment 9	Contracts and Other Expenses Statements

1
CORP 01	2023/24 - Quarter 1, Budget Review
Attachment 10	City Development Fund and Environment Levy Reserves

1
BUS 01	Audit, Risk and Improvement Committee Charter
Attachment 1	Audit Risk and Improvement Committee - Charter (Terms of Reference)

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	358199.2023
Report By	Noelle Warwar - Manager Community Standards
Approved By	Lina Kakish - Director Planning & Compliance

1
CTTE 01	Minutes of the Companion Animals Advisory Committee Meeting held on 5 September 2023
Attachment 1	Minutes from Companion Animals Advisory Committee Meeting on 5 September 2023

Strategic Objective	Evolving, Prosperous, Innovative Maintain strong relationships with agencies, stakeholders and businesses to achieve beneficial outcomes for the city
File Ref	371327.2023
Report By	Susana Freitas - Visitor Economy Officer
Approved By	Shayne Mallard - Director City Futures

Economic	Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate economic development.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	There are no social and cultural considerations.
Civic Leadership	Foster neighborhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

1
CTTE 02	Minutes of the Intermodal Committee Meeting held 3 October 2023
Attachment 1	Intermodal Committee Minutes 3 October 2023

1
CTTE 04	Audit, Risk and Improvement Committee minutes 13 October and 24 October 2023
Attachment 1	ARIC minutes - 13 October 2023