Agenda of Ordinary Meeting - Wednesday, 13 December 2023

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MINUTES OF THE Ordinary Meeting

HELD ON 22 November 2023

PRESENT:

Mayor Ned Mannoun

Councillor Ammoun

Councillor Goodman

Councillor Green (online)

Councillor Hadid

Councillor Hagarty (online)

Councillor Harle

Councillor Kaliyanda (online)

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

Mr Jason Breton, Director Operations

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

Mr Vishwa Nadan, Chief Financial Officer

Ms Claire Scott, Coordinator Contributions Planning

Ms Melissa Wray, Council and Executive Services Support Officer

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

The meeting commenced at 2.09pm

STATEMENT REGARDING WEBCASTING OF MEETING

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

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION

The prayer of the Council was read by Reverend Bruce Hammonds from Liverpool Presbyterian Church.

NATIONAL ANTHEM

The National Anthem was played at the meeting.

COUNCILLORS ATTENDING REMOTELY

Clrs Green, Hagarty, Kaliyanda and Karnib have requested permission to attend this meeting via MS Teams.

Motion: Moved: Clr Ammoun Seconded: Clr Macnaught

That Clrs Green, Hagarty, Kaliyanda and Karnib be granted permission to attend the meeting via MS Teams.

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

APOLOGIES

Nil.

CONDOLENCES – Vale Dr Gogur ‘Harry’ Harinath OAM

ITEM: COND 01

SUBJECT: Vale Dr Gorur ‘Harry’ Harinath OAM

REPORT OF: Mayor Ned Mannoun

It is with great sadness that I offer my deepest condolences to the family of Dr Gorur ‘Harry’ Harinath OAM.

Dr Harinath was a gentle giant of the Indian Australian community, a GP, a family man, and a very decent human being. A friend to many of us here in Liverpool, Dr Harinath’s warm presence and kind spirit will be sorely missed.

A champion for unity, Dr Harinath was extended the honour of being the first ‘Chairperson Emeritus’ appointed to the Multicultural NSW Advisory Board. The honour was bestowed by the Premier of NSW and the Minister for Multiculturalism. Dr Harinath stepped down from the role of Chairperson of the Multicultural NSW Advisory Board at the end of June 2022, a position he had held for 8 years.

Dr Harinath was awarded an Order of Australia Medal in the 2009 Queen’s Birthday Honours for service to cricket through executive roles at state and national level, and to the community. He was also awarded the Pravasi Bharatiya Samman (Medal) by the President of India in 2017, the highest honour conferred to Indians living overseas.

May He Rest in Eternal Peace.

One minute silence was observed for Dr Gorur ‘Harry’ Harinath OAM.

Confirmation of Minutes

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the minutes of the Ordinary Meeting held on 25 October 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 Hadid declared a non-pecuniary, but significant interest in the following item:

Item: CONF 06 - Legal Affairs Report - July to September 2023.

Reason: Clr Hadid is the president of an association of one of the items listed in the report.

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

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

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

Reason: He has friends that live on Box Road.

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

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

Item: CONF 06 - Legal Affairs Report - July to September 2023

Reason: He is a member and previous board member until September 2022 of one of the associations listed in the report.

Mr Portelli remained in the Chambers for the duration of the item.

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

Item: 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.

Reason: Mayor Mannoun has previously provided advice in the past on the matter when he was not an elected official.

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

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

Item: CONF 08 - 2024 Australia Day Awards

Reason: Clr Kaliyanda knows one of the recommended recipients for an award through her work in the community.

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

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

Item: CONF 08 - 2024 Australia Day Awards

Reason: Clr Hagarty knows one of the recommended recipients for an award through his work in the community.

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

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

Item: COM 01- Grants Donations and Community Sponsorship Report

Reason: He is an ordinary member of one of the recommended recipients.

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

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

Item: CONF 06 - Legal Affairs Report - July to September 2023

Reason: Clr Ammoun declared an interest with regards to one of the organisations listed in the report.

Clr Ammoun remained in the Chambers for the duration of this item.

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

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

Reason: Clr Goodman lives across the road from Box Road.

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

Public Forum

Presentation – items not on agenda

1. Bataoul Salman addressed Council on the following item:

Gaza, Palestine.

2. Astra Staines addressed Council on the following item:

Programme for seniors at Lurnea Community Hub.

3. Ellen Russell addressed Council on the following item:

Thank you for Battle of Beersheba Memorial Service.

Presentation – items on agenda

1. Tony Owen addressed Council on the following item:

Item: 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.

Motion: Moved: Mayor Mannoun

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

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

MOTION OF URGENCY

ITEM: MOU 01

SUBJECT: Conflict in the Middle East

Clr Ammoun requested Mayor Mannoun accept a Motion of Urgency in relation to the conflict in the Middle East.

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

COUNCIL DECISION:

Motion: Moved: Clr Ammoun Seconded: Clr Hadid

1. That Council call on the Australian Government to:

a) Urge for a ceasefire and peace negotiations in the Middle East;

b) Work with the international community to end the humanitarian disaster unfolding in Gaza and its nearly one million Palestinian children and to restore access to food, electricity, water, fuel and medicine for around two million Palestinian civilians living in Gaza.

c) Call on the Israeli Government to implement all United Nations Security Council resolutions relating to the conflict in the Middle East.

That Council writes to The Prime Minister Anthony Albanese, Foreign Minister Penny Wong and the NSW Premier Chris Minns and to notify them of this motion and to express our support for peace in the region.

Direct the CEO, at an upcoming event Liverpool Council is recognising, to honour and dedicate the event to the women of Gaza. The event is the International Day for the Elimination of Violence Against Women.

That Council work with local community organisations to provide support for those who are experiencing trauma or mental health distress as a result of events in the Middle East currently.

That Council thanks the community for their peaceful protests regarding the overseas conflicts and encourages people to continue to be respectful in their protests.

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

Councillors voted unanimously for this motion.

This item was dealt with again at the end of the meeting and a further point (point 6) was resolved to be added to the resolution as shown below:

1. That Council call on the Australian Government to:

a) Urge for a ceasefire and peace negotiations in the Middle East;

c) Call on the Israeli Government to implement all United Nations Security Council resolutions relating to the conflict in the Middle East.

That Council writes to The Prime Minister Anthony Albanese, Foreign Minister Penny Wong and the NSW Premier Chris Minns to notify them of this motion and to express our support for peace in the region.

Direct the CEO, at an upcoming event Liverpool Council is recognising, to honour and dedicate to the women of Gaza. The event is the International Day for the Elimination of Violence Against Women.

That Council work with local community organisations to provide support for those who are experiencing trauma or mental health distress as a result of events in the Middle East currently.

That Council thanks the community for their peaceful protests regarding the overseas conflicts and encourages people to continue to be respectful in their protests.

That Council also writes to the Opposition Leader (Federal) Peter Dutton and Opposition Leader (State) Mark Speakman to notify them of item MOU 01 and to express our support for peace in the region.

YOR 01 – Federal Government’s Infrastructure Cuts

Mayoral Minute

ITEM: MAYOR 01

SUBJECT: Federal Government's Infrastructure Cuts

REPORT OF: Mayor Ned Mannoun

Liverpool’s transport networks are undergoing severe duress and congestion due to lack of State and Federal investment and planning. I must express my profound disappointment at the recent infrastructure funding cuts by the Federal Government, particularly regarding the cancellation of crucial projects in South West Sydney.

The cancellation of the $116 million toward the M7-M12 Interchange and $15 million toward Western City Road Transport Network is devastating news. It's vital that the Federal Government reinstate and implement these vital upgrades before our communities are left grappling with enduring repercussions.

It's disheartening that while Liverpool City Council is under pressure to meet the increasing demand for housing, the promised upgraded infrastructure vital for supporting this growth has been withdrawn. This lack of support from the Federal Government will significantly impact our community for years to come, especially in the areas surrounding the new Airport.

TfNSW previously advised that the Federal and State Governments, in March 2022 provided funding for the agency to prioritise and prepare strategic business cases for seven arterial roads to support development of the Western Sydney Aerotropolis Precinct Plan.

Of the seven roads that were to be prioritised, six are in the Liverpool Local Government Area:

· Eastern Ring Drive (To replace the northern section of Badgerys Creek Road to be closed to accommodate future additional airport runway).

· Devonshire Road

· Badgerys Creek Road (South)

Bradfield Metro Link (A new road between Devonshire Road and Eastern Ring Drive
Pitt Street
Fifteenth Avenue (west) extension to the Badgerys Road (South)

The prioritised roads include four roads which are currently local roads under the care and control of Council. It is expected that after project delivery by TfNSW most of these roads (apart from Pitt Street) would be reclassified as State Government roads, to be managed by the agency.

With the announced withdrawal of federal government funding, the State Government would have to allocate funds from the Western Sydney Aerotropolis developer contribution, for the road network development to continue.

I note that our neighbouring LGA’s face similar challenges - it's imperative that all South Western Sydney Councils, including Liverpool, Campbelltown, Camden, Fairfield, and Wollondilly, unite in urging stronger commitment from the State and Federal Government for infrastructure delivery. The impending surge in traffic, particularly due to the Airport and aerotropolis, requires immediate action on critical road and transport upgrades that have been regrettably axed.

I call upon all stakeholders to collaborate and advocate vigorously for the reinstatement and swift delivery of these essential infrastructure projects, ensuring the sustained growth and well-being of our community.

RECOMMENDATION:

That:

1. Council writes to Prime Minister Anthony Albanese, Federal Treasurer Jim Chalmers and the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government, to call for the reinstatement of $116 million toward the M7-M12 Interchange and $15 million toward the Western City Road Transport Network, noting that both projects are crucial for connectivity to the new Western Sydney International airport and growth areas;

2. Expresses Council’s strong opposition to the Australian Government’s decision to cut significant infrastructure funding from important projects across NSW noting that the infrastructure funding cuts will hamper the ability of communities to accommodate growth and increased housing supply, and harm productivity improvements required for the growing freight task; and

3. Council writes to the Hon Chris Minns MP, NSW Premier, seeking the NSW Government’s support for joint advocacy on this matter to the Australian Government.

COUNCIL DECISION:

Motion: Moved: Mayor Mannoun

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

Clr Mannoun left the Chambers at 3:00pm. Clr Macnaught, as the Deputy Mayor, became the Chairperson.

Planning & Compliance Reports

ITEM NO: PLAN 01

FILE NO: 308129.2023

SUBJECT: 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.

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.

COUNCIL DECISION

Motion: Moved: Clr Macnaught Seconded: Clr Goodman

That the recommendation be adopted.

Foreshadowed motion: Moved: Clr Green Seconded: Clr Rhodes

That Council defer this item subject to a consultation with residents, in regards to the objectivity of increasing the height, via a public meeting and a report brought back to Council as soon as is practical from that public consultation.

The Foreshadowed motion (moved by Clr Green) was voted on first and became the motion and on being put to the meeting was declared CARRIED.

Vote for (Clr Green’s motion):

Clr Green, Clr Hagarty, Clr Harle, Clr Kaliyanda, Clr Karnib, Clr Rhodes, Clr Hadid

Vote against (Clr Green’s motion):

Clr Ammoun, Clr Goodman and Clr Macnaught .

Note: Mayor Mannoun was absent from the chambers when this item was voted on.

Ordinary Meeting

13 December 2023

Planning & Compliance Report

PLAN 01

Planning Proposal to amend the Liverpool Local Environmental Plan at Lot 3 of 146 Newbridge Road Moorebank - Georges Cove Marina

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	362765.2023
Report By	Stephen Peterson - Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

In July 2018, Council received a planning proposal request submitted by Mirvac Homes (NSW) Pty Ltd, on behalf of Tanlane Pty Ltd for Lot 3 of 146 Newbridge Road, Moorebank (Lot 3 DP 1246745) seeking to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 (LLEP) to permit residential accommodation within a key site area and limit commercial gross floor area to 1,500m². The proposal also seeks to amend LLEP 2008 development standards within the key site area only including the floor space ratio (FSR) development standard from 0.25:1 to 0.4:1 (60% Increase) and increase the height of building (HOB) development standard from 21 metres to 35 metres. (66.67% Increase)

The planning proposal aims to facilitate a future high density residential development within the key site map area of the site comprising of approximately 21 terrace dwellings and 319 apartments adjacent to the approved Georges Cove Marina.

Following initial review of the planning proposal, the proposal was referred to the Liverpool Local Planning Panel (LPP) on 31 August 2020. The LPP concluded that the planning proposal demonstrates strategic and site specific merit subject to further investigations regarding road capacity from additional traffic, flooding including evacuation and for Council to undertake a regional evacuation analysis that includes the whole Moorebank and Chipping Norton area (Attachment 1).

The planning proposal was initially exhibited during August-September 2020 with two submissions received being one objection and one in support (Attachment 6).

The planning proposal was than referred to Council at the 30 September 2020 meeting (Attachment 2) where it was resolved to forward the planning proposal to the Department of Planning, Industry and Environment (Now known as Department of Environment and Planning (DPE)) for a Gateway determination.

The planning Proposal (Amendment 86) was forwarded to DPE in November 2020 and in December 2020, DPE provided a letter to Council (Attachment 3), relating to the subject planning proposal and others current at the time for the Moorebank East precinct. The letter identified that because the Environment, Energy and Science Group (EES) and NSW State Emergency Service (SES) have unresolved issues regarding flooding and evacuation in the Moorebank East precinct and because Council was still undertaking work to finalise the Georges River Regional Flood Study, that the planning proposals for Moorebank East precinct including the subject planning proposal be resubmitted for Gateway request upon completion of Council’s Regional Flood Study.

The Georges River Regional Flood Evacuation Study (Attachment 5) was completed in March 2022. In April 2023 Council staff held a meeting with DPE regarding the subject planning proposal and others lodged for the Moorebank East precinct and in May 2023, DPE provided advice to Council with requirements to be addressed for planning proposals within the precinct. A request for information letter (Attachment 7) was provided to the proponent of the subject proposal in June 2023 and the proponent provided amended information in response to Council in September 2023 (Attachment 4, 9 and 10 and available on Council’s Eplanning Portal)

(https://eplanning.liverpool.nsw.gov.au/Pages/XC.Track/SearchApplication.aspx?id=363543)

Following a Council staff assessment of the updated information, it is considered that the planning proposal has sufficient strategic and site-specific merit to proceed to DPE for a Gateway determination. The complex constrains of the site regarding vehicular access, flooding, infrastructure and contamination can be further discussed and resolved post Gateway with the relevant State Agencies. It is also recommended that a clause to limit the amount of residential dwellings is added to ensure the proposed development outcome is achieved through the planning control changes. It is recommended that Council endorses the planning proposal to proceed to a Gateway determination.

Should a Gateway determination be issued by DPE, it is recommended that the preparation of an amended site specific DCP amendment and a draft VPA is negotiated to support the planning proposal. Both a draft DCP amendment and draft VPA will need to be endorsed in principle by Council prior to the exhibition of the entire planning proposal package.

RECOMMENDATION

That Council:

1. Endorses in principle the planning proposal request to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 (LLEP) to permit residential accommodation within a key site map area, limit the maximum number of apartments to 319, limit the maximum commercial gross floor area for the site to 1,500m² and to amend development standards within the key site area only as follows:

a. Increase the floor space ratio from 0.25:1 to 0.4:1; and

b. Increase the maximum height of building from 21 meters to 35 meters.

2. Delegates to the CEO authority to prepare the formal planning proposal including any typographical or other minor editing amendments if required.

3. 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 with a request that the Gateway determination be conditioned requiring a site specific Development Control Plan (DCP) and draft Voluntary Planning Agreement (VPA) to be prepared prior to public exhibition;

4. Subject to Gateway determination, undertake community consultation for the planning proposal, site-specific DCP and draft VPA in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan 2022.

5. 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.

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

REPORT

Moorebank East Precinct

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Figure 1 - Context map of the subject precinct (Source Nearmap)

The Moorebank East Precinct is a collection of sites that are largely undeveloped and located along the western bank of the Georges River on the eastern border of the Liverpool LGA. The precinct is bounded by the Georges River to the east, Brighton Lakes Golf Club to the south, Wurrungwuri Reserve to the west and Newbridge Road to the north.

The Site and Locality

The subject site is known as 146 Newbridge Road Moorebank which comprises of 3 lots. Lot 3 is the subject lot of this planning proposal and is shown in Figure 2 below. Lot 3 is approximately 123,500m² in area and approximately 400m south of Newbridge Road. The subject site is approximately 3.65km east of Liverpool CBD and 4km east of Liverpool railway station. The nearest bus stop is located on Newbridge Road (Minimum 367m north of the subject site) and is serviced by the M90 bus route.

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Figure 2 - Aerial view of the Moorebank East precinct and the subject site outlined in red (Source: Nearmap)

Surrounding the subject site are the following neighbouring sites:

· North - Lot 2 (Georges Cove) of 146 Newbridge Road which is currently under construction to deliver approximately 179 dwellings within a community titled development;

· South – The EQ Riverside-Concrete Crushers site which benefits from previous heavy industrial use and is subject to a Council initiated planning proposal to rezone part of the site to E4-General Industrial;

· East – The Georges River and Canterbury-Bankstown LGA; and

· West – Site E access handle, Council’s Wurrungwuri Reserve, Brickmakers Drive and Georges Fair residential area.

The subject property is under the single ownership of Tanlane Pty Ltd. It contained a former sand mining operation by Benedict Sands, which has reached its end of its life cycle. In May 2021, DA-611/2018 was approved as a deferred commencement consent to enable the construction of a marina development comprising the following components:

· A maritime building which will house a dry berth facility providing 250 berths, a function centre, tourist, entertainment, recreation and club facilities, a petrol storage tank (60,000 litres) and a diesel storage tank (60,000 litres);

· A wet berth facility for 186 craft (including casual berths) which will consist of a marina basin, rock protection of the basin and foreshore, including embellishment and revegetation of the river foreshore, construction of a navigation channel, construction of public recreational facilities on the foreshore, floating berths and walkways, fuel pumping facilities, sewage pumpout facilities and emergency berth access;

· Construction of three external car parking areas and basement car park providing a total of 637 car spaces;

· A private marina clubhouse; and

· Associated works and support infrastructure including power, water and sewerage.

Construction is underway to deliver this approved development.

The subject site has the following environmental constraints as per table 1 below:

Table 1 - Summary of Environmental Constraints

Flooding

Coastal Wetlands

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Figure 3 - Flood mapping of site. Source: Geocortex

Council mapping indicates that the site is affected by flooding from the Georges River, is within the flood planning area and the site is categorised as high-risk flood zone. The key flood levels at the site are as follows: 4.6m AHD for the 5% Annual Exceedance Probability (AEP), 5.6m AHD for the 1% AEP, and 10.4m AHD for the Probable Maximum Flood (PMF).

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Figure 4 - Coastal Wetlands mapping of site. Source: Geocortex

The site is located within a coastal environment area under SEPP Resilience and Hazards 2021-Coastal Management.

Bushfire

Environmentally Significant Land

Figure 5 - Bushfire mapping of site. Source: Geocortex

The subject site is identified as Bushfire prone Land mainly on the western boundary. The majority of the site highlighted yellow identifies vegetation buffer of 30m and 100m.

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Figure 6 - Environmentally significant land mapping of site. Source: Geocortex

Sections of the eastern boundary of the site are identified as Environmentally significant land (ESL) highlighted green.

Biodiversity	Threatened Ecological Communities (BC Act)
Figure 7 - Biodiversity mapping of site. Source: Geocortex The western and eastern edges of the site highlighted light yellow and light red contain significant biodiversity.	Figure 8 - Threatened Ecological Communities mapping of site. Source: Geocortex The western boundary of the site contains critically endangered and the eastern boundary adjoining the Georges River contains Endangered threatened Ecological Communities (BC Act).
Contamination
The subject site is identified as being contaminated due to previous uses of the site including sand extraction via dredging and dry extraction methods on the site since 1993. The subject allotment is subject of an approved Marina development. The Marina development application was approved with various Enviornmental Impact Assessments, Site Audit Reports and statements, and remediation strategies and Action Plans. This report concluded that the site is contaminated as per the EP&A Act 1979 definition however that the subject allotment can be remediated to be suitable to accommodate the Marina development as well as high density residential uses with minimal opportunities for soil access.

Background

At its meeting on 31 August 2016, Council resolved to support a planning proposal to amend the LEP to enable residential uses within the RE2 Private Recreation zone (limited to a key site area) and included a zone boundary adjustment in which 4190sqm of land would be rezoned from RE2 Private Recreation to R3 Medium Density Residential. The proposal was to facilitate the development of approximately 125 dwellings alongside the marina development, and nine additional lots to the south of the existing R3 Medium Density Residential land.

A Gateway determination was issued for the planning proposal on 9 March 2017. However, Moorebank Recyclers, the previous owners of Lot 6 DP 1065574 (which is directly south of the subject site) appealed the Gateway determination in the Land and Environment Court. The legal challenge was made on the basis that the planning proposal did not adequately address the now repealed Clause 6 of State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55).

On 21 December 2017, the Class 4 appeal Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd (No 2) [2017] NSWLEC 186 was dismissed. Moorebank Recyclers subsequently lodged an appeal against this decision in the NSW Supreme Court and the Gateway determination was declared invalid by the Court of Appeal on 18 December 2018.

Given the outcome of previous legal proceedings, the proponent lodged a new request in July 2018 to prepare a planning proposal which seeks to permit residential uses within the RE2 zone (limited to a key site area). This proposal was to facilitate approximately 353 apartments and 21 terrace dwellings. The zone boundary adjustment was also lodged as a separate planning proposal that was endorsed by Council at its meeting in July 2020 and ultimately gazetted in May 2022.

At its meeting on 27 July 2020, Council resolved to exhibit all planning proposals that have been lodged within Moorebank (excluding Site C as it had already been supported by Council) in accordance with Council’s Community Participation Plan. The exhibition period concluded on 10 September 2020 with two submissions being received, including one objection (Attachment 6).

At its meeting on 31 August 2020, the Liverpool Local Planning Panel (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 (Attachment 1). The proposal was then reported to Council in September 2020 (Attachment 2) where it was resolved that Council:

1. Note the advice of the Liverpool Local Planning Panel;

2. Endorses in principle the planning proposal request;

3. Delegates to the Acting Chief Executive Officer authority to prepare the formal planning proposal including any typographical or other editing amendments if required;

4. Forwards the planning proposal to the Department of Planning, Industry and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination with a request that Council be authorised as the local plan making authority and that the Gateway determination be conditioned requiring a site specific DCP be prepared prior to public exhibition;

5. Subject to Gateway determination, undertakes public exhibition and community consultation in accordance with the conditions of the Gateway determination and Council’s Community Participation Plan; and

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

7. Negotiate a possible VPA with the developer.

Council referred the planning proposal to DPE (DPIE at the time) requesting a Gateway determination in accordance with Council’s September resolution. A response letter was received in December 2020 from DPIE (Attachment 3) that all planning proposals within Moorebank East, including the subject proposal be resubmitted once the findings of Council’s Regional Flood Study can inform these proposals.

The Georges River Regional Flood Evacuation Study (Attachment 5) was finalised in March 2022 following consultation with DPE (including the Planning Delivery Unit), relevant state agencies and proponents. In summary, the study model’s road capacity to determine whether development (existing and proposed) can evacuate within the available flood warning time given a 100% evacuation compliance rate as required by the State Emergency Service (SES). It should be noted that some of the assumptions used to inform the study were contested by proponents as well as Council staff. Nonetheless, the study provides valuable insight into evacuation constraints that currently apply and must be considered.

In summary, the study finds that there is restricted capacity for additional development within the floodplain areas of the Liverpool Collaboration Area and Moorebank East. In considering future outcomes, including active planning proposal, the model indicates that during evacuation in a Probable Maximum Flood (PMF), tens of thousands of vehicles attempting to evacuate would not be able to given the capacity constraints.

Evacuation capacity has been investigated at a high level for the large planning proposals modelled. The high-level “spare capacity” calculations need to be further modelled to confirm the impact of potentially reduced vehicle numbers, i.e., reducing development yield or reduced car parking rates. DPE and Transport for NSW will also need to be engaged at the Gateway stage to agree to appropriate rates of cars per dwelling / commercial space. The study noted that the widening of Nuwarra Road and use of additional roads for evacuation may facilitate some further modest development at Moorebank East without compromising the safety of those already living and working in Chipping Norton.

A meeting was held with DPE discussing flooding across the Moorebank East precinct in April 2023 and in May 2023, DPE advised that the planning proposals for the Moorebank East precinct are to address the findings of the 2022 flood enquiry findings and address the draft shelter in place policy.

In June 2023, a request for information letter was sent by Council to the proponent with a way to progress the planning proposal once again (Attachment 7). This was in part informed by advice from DPE that the proponent should do the following:

· Address the findings of the Flood Inquiry findings; and

· Address the draft shelter in place policy.

An amended planning proposal (Attachment 4) and supporting studies were then provided to Council on 15 September.

Proposed Amendments to the Liverpool Local Environmental Plan 2008

The current planning proposal request, seeks to amend LLEP 2008 in the following manner:

· Include a site-specific provision under Schedule 1 to enable two additional permitted uses:

Development for the purpose of residential accommodation (limited to multi-dwelling housing and residential flat buildings) within a new Key Site; and

Development for the purpose of restaurants or cafés (limited to the ground floor of the residential apartment buildings and up to 1,500 m² gross floor area in total) within a new Key Site.

· Amend the Key Sites map to include a designated area for residential accommodation in the RE2 Private Recreation zone at the Georges Cove Marina development site.

· Amend the maximum permissible Floor Space Ratio from 0.25:1 to 0.4:1 (limited to the Key Site).

· Amend the maximum permissible Height of Building from 21m to 35m (limited to the Key Site).

Council staff recommend adding a clause to limit the number of residential dwellings to ensure the proposed development outcome is achieved through the planning control changes.

Figure 9 - Indicative proposed subject site layout incorporating proposed residential development and previously approved Marina (Source: Mirvac)

The planning proposal is supported by the following reports and plans:

· Revised Architectural package prepared by Mirvac Design;

· Addendum Traffic Impact Assessment prepared by EMM Consulting;

· Revised Flood Impact Assessment and Flood Emergency Response Plan by Tooker and Associates;

· Updated Contamination Letter prepared by EMM Consulting;

· Updated Acoustic Letter prepared by EMM Consulting;

· Proposed Amendments to the Moorebank East DCP (marked in tracked changes); and

· VPA Letter of Offer.

These documents are available on Council’s Eplanning Portal, as well as additional reports lodged with the first planning proposal in 2018.

(https://eplanning.liverpool.nsw.gov.au/Pages/XC.Track/SearchApplication.aspx?id=363543)

Planning Assessment

Consistency with Strategies and advice of the Liverpool Local Planning Panel

The proposal has been assessed against the Region Plan (Greater Sydney Regional Plan - A Metropolis of Three Cities), District Plan (Western City District Plan) and relevant strategies including Council’s adopted Local Strategic Planning Statement (LSPS) and the Liverpool Local Housing Strategy 2020.

The Local Planning Panel Report from the 31 August 2020 meeting (Attachment 1) includes a detailed assessment against these strategies, and outlines that the planning proposal has strategic and site-specific merit and should proceed to a Gateway determination.

The Local Planning Panel advice (Attachment 1) recommends Council prepare a regional flood evacuation study. As discussed, this study was completed in March 2022 (Attachment 5). The Council meeting report and resolution from the 30 September 2020 (Attachment 2) meeting provides further comment regarding the Local Planning Panel meeting.

Flooding, Evacuation and Vehicular Access

Lot 2 of 146 Newbridge Road to the immediate north of the subject site is currently under construction to deliver approximately 179 dwellings within a community titled development. This includes works for internal roads and separate vehicle and a pedestrian evacuation bridge. It is noted that the internal road created over Lot 2 (Spinnaker Drive), the vehicle evacuation bridge (Knows as Promontory Way) and Brickmakers Drive are all one lane in each direction only and do not yet include traffic signal intersections. Access to the subject site is proposed from Brickmakers Drive via the evacuation bridge (Promontory Way) for pedestrians and via Spinnaker Drive located on Lot 2 for vehicles.

Aerial view of a neighborhood

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Figure 10 - Aerial view of Lot 2 and Lot 3 (Subject lot) and existing surrounding road and evacuation network).

The proponent provided a Flood Impact Assessment and Flood Emergency Response Plan prepared by Tooker and Associates (Attachment 9). The following key elements have been stated to justify the flooding response of the proposal:

“The ground level for both the apartment and terrace buildings will be at RL 7.6m AHD which is equivalent to a 1 in 5000yr flood. This floor level is 1.5m above the flood planning level and 2m above the 100yr ARI flood level. This building platform provides a low flood hazard setting on the site. The minimum floor level for all the apartments and terraces will be RL 11.6m AHD. This is 1.4m above the PMF or the highest estimate of possible flooding that could ever occur. Therefore, all of the habitable floor levels in the apartments and terraces will be flood free.”

“The basement carpark has capacity for 500 cars. The basement carpark is a tanked construction with an entry level at RL 7.6m AHD which limits inundation of the carpark to the 5000yr ARI flood. There are 62 additional carparks in the at-grade parklands carpark in the southern part of the development as well as 30 ground floor parking spaces at the terraces at RL 7.6m AHD (1:5000yr flood level).”

“The car egress in a flood emergency will be via the Mirvac Georges Cove Residences (site C) residential area (which is already at a higher than the 100 year ARI flood level) and then onto the existing high level road bridge leading to Brickmakers Drive and then onto Maddecks Ave and Nuwarra Road. Nuwarra Road is above the Probable Maximum Flood (PMF) level. Pedestrian egress in a flood emergency will be via the Mirvac Georges Cove Residences (site C) residential area and via the high-level pedestrian bridge leading to Paine Park at a ground level of RL 7m AHD (which is at the equivalent to a 2000yr flood level) and then to flood-free land along Horizon Circuit towards Nuwarra Rd.”

“There will be no loss of flood storage over the three sites A, C and D with the landform and levels as proposed in this PP.”

Council staff acknowledge the measures proposed to ensure flood risk for residents is effectively managed. In terms of building and floor levels, the approach proposed is broadly supported, noting such controls will need to be further refined and embedded in the Liverpool Development Control Plan 2008 - Part 2.10 Development in Moorebank East (DCP).

In relation to evacuation, further information, analysis and consultation is required with relevant state agencies. The March 2022 Georges River Regional Flood Evacuation Study states that the already-approved developments at Moorebank East will take up half of the potential evacuation capacity and that additional developments in the Moorebank East Precinct, without additional infrastructure, is unable to provide safe flood evacuation from the subject site including for emergency vehicles. As the proposed developments under the planning proposal will theoretically exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, the planning proposal does not satisfy Clause 5.21(2c) of Liverpool Local Environmental Plan 2008, the NSW Flood prone land policy, Ministerial Direction 4.1 (Flooding).

It is noted that the March 2022 Georges River Regional Flood Evacuation Study used assumptions provided by the SES that remain contested in terms of how conservative and realistic they are for the purposes of informing landuse planning. Nonetheless, the Study is a helpful tool to guide landuse decisions in flood prone areas within Liverpool.

In relation to the shelter in place strategy, the proponent identifies “a fall-back strategy, which is not recommended, is for people who for some reason have not evacuated Site D; these people can shelter in place on floor levels well above the PMF flood level with access to full amenities.” It is deemed that shelter in place is not a viable option for the Moorebank East precinct based on the 2022 Flood Enquiry Findings, as the duration of flood waters exceeds the 8 hours maximum recommended by the Enquiry.

Should the proposal be issued a Gateway determination by DPE, further consultation in relation to flood evacuation is crucial to ensure this element of the proposal is effectively considered. State Agency consultation with the SES, NSW Reconstruction Authority and DPE is likely to occur to ensure this element of the proposal is effectively resolved. This will help to identify the required planning controls and infrastructure upgrades required to ensure safe evacuation is achieved for future development being facilitated by the planning proposal. The DCP can incorporate controls to ensure all parking, vehicle roads and pedestrian paths are located above the required flood planning level and any flood mitigation measures do not impact on the surrounding vicinity or alter the existing flood pathway. Furthermore, any infrastructure such as road widening, intersection upgrades, and pedestrian evacuation paths can be specified, and a delivery mechanism established within the DCP and a VPA.

Contamination

The subject site has been identified as being contaminated due to previous uses of the site, including sand extraction via dredging and dry extraction methods on the site since 1993. The DA for the Marina proposal addressed contamination for the subject site and resulted in the site being deemed suitable for the works sought under the Marina development application and for high density residential uses as there are minimal opportunities for soil access.

The following Environmental Impact Assessments, Site Audit Reports and statements, remediation strategies and Action Plans and Preliminary Investigation Reports have previously been prepared for the subject site:

- Preliminary Investigation of Contamination (EMM, 28 July 2015).

- Supplementary preliminary Investigation Report prepared by EMM Consulting on 11 March 2016.

- Preliminary Site Investigation Proposed Rezoning (Area 1) and Georges Cove Marina (Area 2), 146 Newbridge Road, Moorebank (Douglas Partners, 28 May 2018).

- Site Audit Report 282 (Ian Swane & Associates, 27 April 2019), including Site Audit Statement 282.

- A number of Environmental Impact Statements including most recently the EIS for Georges Cove Marina, prepared by EMM, dated May 2019.

- Interim Advice for Statutory Site Audit 282 – Georges Cove Marina, 146 Newbridge Road, Moorebank (Ian Swaine & Associates, 16 February 2021).

- Georges Cove Marina Remediation Strategy and Remedial Action Plan (EMM, 26 March 2021).

- Interim Advice Report for Georges Cove Marina RAP, 146 Newbridge Road, Moorebank - Statutory Site Audit 282 (Ian Swaine & Associates, 28 March 2021)

The Site Aduit Statement 282 concluded that, with remediation, the site can be made suitable for “commercial/industrial” development (consistent with the proposed land use as a marina) and is also suitable for “residential with minimal opportunity for soil access, including units” (consistent with the planning proposal for residential apartment housing and multi-dwelling housing).

Further contamination assessment, including any required remediation measures, is required with any future DA on the subject site. Additionally, it is likely that the Environmental Protection Agency (EPA) will be a listed state agency to be consulted when a Gateway determination is issued by DPE.

Site Specific Development Control Plan (DCP)

The Local Planning Panel Report from the 31 August 2020 meeting recommended the implementation of a site specific DCP for the subject site and wider Moorebank East precinct. In this regard, amendments will be undertaken to the existing Liverpool DCP 2008, Part 2.10 (Moorebank East Benedict Sands), should a Gateway determination be issued Gateway stage. This will include design controls such as building design treatments, activation of the east elevation fronting Georges River Marina, integration of vehicles and pedestrians, waste areas, open space, landscaping, tree planting, street and wall art, and any flooding related controls required. Further, as per the LLPP meeting recommendation, the site specific DCP will include controls relating to an easement on title allowing public access along any future pedestrian route.

Further refinement of a site specific DCP amendment will occur when a Gateway determination has been issued.

Letter of Offer - Voluntary Planning Agreement

At the Council meeting of 30 September 2020, it was resolved, amongst other things, that Council “negotiate a possible VPA with the developer”.

It is noted that the subject site contains an existing VPA agreement being VPA-11 which is based on the previously approved Marina development and proposes:

- Dedication of embellished river foreshore land to Council.

- Restoration and maintenance ( 1 year) of river foreshore land.

- Construction of passive recreation facilities on the river foreshore land.

- Construction of a bike/pedestrian path link to Brickmakers Drive.

- Dedication of drainage channel.

- Construction and dedication of road bridge over drainage channel, embankment and road to Brickmakers Drive.

- Construction and dedication of pedestrian access to Newbridge Road and pedestrian path along Newbridge Road.

- Dedication of an easement for maintenance across the river foreshore land.

- Exclusion of S7.11/S7.12 Contribution fees.

A variation to VPA-11 is currently being negotiated which seeks to remove the bridge over the Marina vessel ingress/egress and relocate the bike path to go around the Marina vessel ingress/egress instead.

A Voluntary Planning Agreement (VPA) letter of offer was submitted to Council in September 2023 (Attachment 10). The VPA letter of offer nominates the following items to be negotiated with Council:

- Construction of a bike/pedestrian path through the Marina site; and

- Exclusion of the application of Section 7.11, Section 7.12 and Section 7.24 Contributions other than in respect of the Liverpool Contributions Plan 2018 – Established Areas but only in respect of the category Community Facilities – District Works.

Upon initial review, Council staff see significant inadequacies in the VPA letter of offer. The proposed development should contribute to supporting recreation, traffic management, and stormwater quality management facilities rather than simply community facilities as currently offered in the VPA letter of offer. Additionally, it is assumed that a more complete schedule of infrastructure items to support a future high density residential development is offered beyond the bike/pedestrian path item given the uplift to be facilitated by the planning proposal unforeseen in the current Contributions Plan.

Further negotiations can occur in tandem with DCP amendment work when a Gateway determination is issued.

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.

Subject to the above, public agency and community consultation can occur in accordance with the Gateway determination and Councils Community Participation Plan. A draft DCP amendment will also need to 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 LEP, DCP and execution of a VPA.

Conclusion

It is considered that the planning proposal has sufficient strategic and site-specific merit to proceed to DPE for a Gateway determination. The complex constrains of the site regarding vehicular access, flooding, infrastructure and contamination can be further discussed and resolved post Gateway with the relevant State Agencies. It is recommended that Council endorses the planning proposal to proceed to a Gateway determination.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	Manage air, water, noise and chemical pollution. Enhance the environmental performance of buildings and homes.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes.
Legislative	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. Local Planning Panel Report and Minutes - 31 August 2020 (Under separate cover)

2. Council Report and Resolution - 30 Sept 2020 (Under separate cover)

3. DPE Letter to Council – December 2020 (Under separate cover)

4. Planning Proposal (Under separate cover)

5. Georges River Regional Flood Evacuation Study (Under separate cover)

6. Pre gateway exhibition submissions – August - September 2020 (Under separate cover)

7. Request For Information Letter (Under separate cover)

8. Flood Impact Assessment Report and Flood Emergency Response Plan (Under separate cover)

9. VPA Letter of Offer (Under separate cover)

10. ASIC and Title Search (Under separate cover)

Other documents

All other technical reports and plans are available on Council’s Eplanning Portal.

https://eplanning.liverpool.nsw.gov.au/Pages/XC.Track/SearchApplication.aspx?id=363543

Ordinary Meeting

13 December 2023

Planning & Compliance Report

PLAN 02

Planning Proposal to amend the Liverpool Local Environmental Plan 2008 at Lot 2 Newbridge Road Moorebank

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	404550.2023
Report By	Stephen Peterson - Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

At the 26 July 2023 Ordinary Meeting of Council, Council resolved for staff to initiate a planning proposal to rezone the site to facilitate a future development on the subject site of a general industrial land use and include publicly accessible shared pathway (Attachment 1). The site currently has development consent for a Material Recycling Facility (Concrete Crushing) which was previously approved by the former Planning Assessment Commission and upheld by the NSW Land and Environment Court.

In accordance with the 26 July 2023 Council resolution, a Council initiated Planning Proposal has been prepared for Lot 2 Newbridge Road, Moorebank (Lot 2 in DP 1278607), owned by EQ Riverside Pty Ltd (Attachment 2).

The planning proposal seeks to amend the Liverpool Local Environmental Plan 2008 (LLEP 2008) by rezoning the site from C2 Environmental Conservation to part C2 Environmental Conservation, part E4 General Industrial and part RE1 Public Recreation. It is also proposed to introduce a 20m Height of Building (HOB) for the proposed E4 General Industrial zoned section of the site and introduce a nil Floor Space Ratio (FSR) for the proposed E4 General Industrial and RE1 Public Recreation parts of the site. This is to facilitate the development of a General Industrial land use as well as a publicly accessible walkway and maintain the significant biodiversity of the site.

On 27 November, the Liverpool Local Planning Panel (LPP) provided advice on the proposal (Attachment 3). The Panel recommends that:

A. RZ/5/2023 be amended to reduce the maximum Height of Building limit of 20m by the depth of filling necessary on the site to raise the site above the flood level;

B. Council undertake further studies, including flood modelling, evacuation procedures and investigation of other environmental constraints of the site post gateway; and

C. RZ/5/2023, as amended, proceed to gateway.

The way in which the maximum height of building control is applied is by measuring the vertical distance from ground level (existing) to the highest point of the building. As such, the 20m height limit will by definition, exclude the depth of fill used on the site.

In this regard, it is recommended that Council supports in principle the planning proposal request and submits a planning proposal to DPE seeking a Gateway determination and public exhibition.

RECOMMENDATION

That Council:

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

2. Endorses in principle the planning proposal to rezone the site from C2 Environmental Conservation to C2 Environmental Conservation, E4 General Industrial and RE1 Public Recreation, introduce a 20m Height of Building for the proposed E4 General Industrial part of the site and introduce a nil Floor Space Ratio for the proposed E4 General Industrial and RE1 Public Recreation zoning parts of the site.

3. Delegates to the CEO authority to prepare the formal planning proposal including any typographical or other editing amendments if required.

4. 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 with a request that the Gateway determination be conditioned requiring a site specific Development Control Plan (DCP) to be prepared and Voluntary Planning Agreement negotiated prior to public exhibition.

5. Subject to Gateway determination, undertake community consultation for the planning proposal in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan 2022.

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

REPORT

The Site and Locality

The subject site (‘Concrete Crushers site’) is located at Lot 2 Newbridge Road and is legally described as Lot 2 in DP 1278607. The site is bound by the following:

· Georges River to the east;

· Wurrungwuri Reserve and low density residential to the west,

· The Georges Cove Marina site to the north and further to the north is a large General Industrial area within Chipping Norton; and

· Brighton Lakes Golf Course to the south.

The subject site is currently entirely zoned C2 Environmental Conservation and has no Height of Building development standard, and a Floor Space Ratio of 0.01:1. The subject site contains a disused non-putrescible landfill which operated across the site between 1972 and 1979. The site contains and is also adjacent to good condition vegetation that includes threatened ecological communities and some coastal wetlands along the banks of the river. The site has an area of 217,943.05m²(21.79 Ha), and has one access handle from Newbridge Road, which is a dirt driveway approximately 9.6m wide, 862m in length.

Although the subject site is a large land holding, the site is heavily impacted by environmental constraints limiting the development potential of the site. The site is categorised as high-risk flood zone and under the 1% AEP (1 in 100 year) event, depth of flooding of the site is as high as 5.5m and increases up to 10m under the PMF event. Further the site is contaminated, contains significant evacuation constraints, contains coastal wetlands, bushfire prone areas, environmentally significant land and threatened ecological communities particularly adjacent to the Georges River Foreshore.

History of Materials Recycling Facility Approval

In September 2005, the subject site was rezoned to part 1(a) Rural and part 7(c) Environmental Protection – Conservation and included a new clause in Schedule 4 to enable part of the site to be used for the purposes of a materials recycling yard. In 2005, a Major Developments Application was lodged which sought approval for a Materials Recycling Facility with an annual capacity of 500,000 tonnes.

On 29 August 2008, the Liverpool Local Environmental Plan 2008 (LLEP 2008), came into force and rezoned the site to E2 Environmental Conservation, and included the following clause in Schedule 1 Additional Permitted Uses:

11 Use of certain land at Moorebank in Zone E2

(1) This clause applies to Lot 6, DP 1065574 in Zone E2 Environmental Conservation at Newbridge Road, Moorebank.

(2) Development for the purposes of a resource recovery facility is permitted with consent.

(3) This clause is repealed on 1 September 2018.

The Major Development Application lodged in 2005 was delayed until 2015 due to assessment and community issues raised. In September 2015 the former Planning Assessment Commission approved the development. The Land and Environmental Court reviewed the consent granted by the former Planning Assessment Commission on 11 September 2015 for the Materials Recycling Facility due to objector appeal by Council and Benedict (Land owner to the north). The Land and Environmental Court dismissed the appeal and consent remains granted (Attachment 4). In 2018, the subject site was sold from the previous land owner to the current land owner.

History of superseded Planning Proposal RZ-2/2020

A previous planning proposal (RZ-2/2020) was initiated by the owner of the subject site seeking to amend LLEP 2008 by way of amending zoning, height of building (HOB) and Floor Space Ratio (FSR) to facilitate approximately 2,000 apartments, community facilities, retail/food and drink premises, a foreshore walkway and series of ecological and recreational parks.

Following review of the planning proposal, Council staff recommended that the proposal did not demonstrate site specific or strategic merit, and that the site was unsuitable for the proposed land uses. The Local Planning Panel on 30 November 2020 agreed with Council officers’ conclusion and recommended that the planning proposal not proceed to a Gateway determination. Council deferred a decision on whether to forward the planning proposal request to DPE in December 2020.

History of Recent Council and Report Resolutions

Table 1 summarises recent Council resolutions in relation to the subject site and planning investigations requested by Council.

Table 1 - Summary of Council Resolutions

November 2021	Notice of Motion moved that Council remains strongly opposed to a concrete crushing facility at the Moorebank Recyclers site.
February 2022	Update at Council meeting provided including that Council staff are liaising with the proponent regarding the planning proposal issues.
March to May 2022	Series of four workshops held by Council Staff with the Proponent.
June 2022	Planning Proposal raised at Council meeting and resolution was to prepare an issues and options report on the potential rezoning of the site by Council to a suitable employment zone given the constraints for residential development on this site identified.
July 2022	Planning Proposal update provided at Council meeting. Based on the resolution from the June 2023 Council meeting, Council resolved to narrow the scope of report to investigate two scenarios being: i. Place based retail type scenario; and ii. Modern business park type scenario.
September 2022	As per June 2022 and July 2022 Council meeting resolutions, an Issues and Options Report was referred to the Council meeting with the resolution that Council proceeds with further investigations into Option1, being a place-based retail scenario.
July 2023	Planning investigations referred to Council meeting tabling the Moorebank Retail Economic Impact Assessment Report. Resolution that based on the approved heavy industrial use that Council staff prepare a planning proposal to rezone the site to part E4 General industrial use (Predominantly cleared portion of the site) and working from the river, the first 40m from the foreshore is to be zoned recreation).

3. DETAILS OF THE PROPOSAL

Planning Proposal Summary

This planning proposal is a Council initiated proposal as per the 26 July 2023 Council resolution, seeking a less intensive and more appropriate industrial land use on the subject site than the previously approved heavy industrial land use.

The 26 July 2023 Council meeting resolution includes a point stating that Council staff prepare a planning proposal to ‘Rezone the site to E4 General industrial use (mainly being the portion of the site that is cleared); and a zoning which sees an RE2 zoning (private recreation) of the foreshore consistent with the land use to the north and south of the site. Working from the river, the first 40m from the foreshore is to be RE2 and the remaining of the site to be E4 General industrial’.

Upon review of the above resolution, it is noted that the river foreshore area to the north is zoned RE1 Public Recreation (not RE2 Private Recreation). Further it was concluded that it is not suitable to rezone the first 40m from the foreshore to RE2 as the resolution states, as this area contains threatened ecological communities and some coastal wetlands along the banks of the river. It is noted that Council’s proposed Cycle Path indicatively shows the publicly accessible walkway adjacent to the predominantly clear section of the site. As such the proposed zoning for the site has been made in accordance with this.

A map of a city

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Figure 1 - Indicative Location of Georges River Share Path

Proposed Amendments to the Liverpool Local Environmental Plan 2008

The Planning Proposal seeks to amend the LLEP 2008 in the following manner:

1. Rezone the site in accordance with Figure 4 from C2 Environmental Conservation to C2 Environmental Conservation, E4 General Industrial and RE1 Public Recreation;

2. Introduce a 20m Height of Building for the proposed E4 General Industrial part of the site; and

3. Introduce a nil Floor Space Ratio for the proposed E4 General Industrial and RE1 Public Recreation zoning parts of the site.

Further the proposed 20m height of building proposed for the proposed E4 General Industrial zoning of the site is consistent with the various other General Industrial zoned land within the Liverpool Local Government Area which ranges from 15m-30m. The nil floor space ratio for the proposed General Industrial zoned land is deemed appropriate as Liverpool Development Control Plan 2008 contains industrial controls to manage bulk and scale and amenity impacts on surrounding land uses such as setbacks and landscaping controls.

A map of a city

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Figure 2 - Proposed zoning of subject site

The proposed zoning at this stage of the planning process is indicative and subject to refinement following further analysis and consultation.

Planning Assessment

Consistency with Strategies

The Planning Proposal prepared by Council staff (Attachment 1) includes detailed assessments of the merits of the proposal against the Region Plan (Greater Sydney Regional Plan - A Metropolis of Three Cities), District Plan (Western City District Plan), the Department of Planning’s ‘Guide to Preparing Planning Proposals’ and relevant strategies including Council’s adopted Local Strategic Planning Statement (LSPS) and the Liverpool Local Housing Strategy 2020.

The proposal is generally consistent with the relevant objectives of the Region Plan, the relevant planning priorities of the Western City District Plan and Local Strategic Planning Statement (Liverpool 2040) and the actions and the guiding criteria for planning proposals of the Liverpool Industrial and Employment Lands Strategy.

Advice of the Liverpool Local Planning Panel

Pursuant to Clause 2.19(1)(b) of the Environmental Planning and Assessment Act 1979, a planning proposal must be submitted to the Local Planning Panel (LPP) for their advice prior to consideration by the Council.

At its meeting on 27 November 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.

Advice from the LPP is at Attachment 2. In summary, they recommended that:

A. RZ/5/2023 be amended to reduce the maximum Height of Building limit of 20m by the depth of filling necessary on the site to raise the site above the flood level;

B. Council undertake further studies, including flood modelling, evacuation procedures and investigation of other environmental constraints of the site post gateway; and

C. RZ/5/2023, as amended, proceed to gateway.

Voluntary Planning Agreement

The site is in an important location with respect to the design of a continuous cycle/walk track along the Georges River from Casula through to Liverpool to Pleasure Point in Council’s 100 day plan. Immediately to the north of the site, a VPA for the Marina site will provide a pedestrian path connection. Similarly to the south, a VPA for the Brighton Lakes development requires the construction and dedication of a pedestrian path along the river. The LPP acknowledged this in stating:

“The Panel understand that dedication of the foreshore as public land is an issue that will be the subject of further discussions with the owner, and potentially a planning agreement could be prepared post gateway determination. The dedication of the foreshore is also an important factor in the strategic merits of the proposal and the Panel recommends a planning agreement be negotiated and implemented to give effect to the dedication.”

It is therefore recommended that once a Gateway is issued, VPA negotiations begin with the landowner to ensure the dedication of foreshore land and pedestrian pathway is achieved. Following further analysis of flooding and evacuation constraints, additional infrastructure items can also be specified within the VPA in order to support a future development.

Site Specific Development Control Plan (DCP)

Liverpool Development Control Plan 2008 contains Part 2.10 (Moorebank East – Benedict Sands). This part does not currently include any reference to the subject site .

To ensure that a future industrial development on the subject site has no adverse impacts upon the Moorebank East Precinct and wider vicinity it is recommended the existing Part 2.10 (Moorebank East – Benedict Sands) of Liverpool Development Control Plan 2008 (LDCP 2008) is updated to include development objectives and controls in relation to a future development on the site. Controls and objectives are also required to enable the delivery of a public pathway linking those to the north and south of the site. This can occur upon receipt of a Gateway determination.

Next Steps

If Council supports the planning proposal, it will be submitted to DPE seeking a Gateway determination.

It is expected that if a Gateway determination is issued by DPE, that various technical studies will need to be undertaken including a traffic Impact Assessment Report, Preliminary Site Investigation Stage 1 report, Flood Impact Assessment Report, Flood Emergency/Evacuation Plan, Economic Impact Assessment Report, Urban Design Architectural Plans, Acoustic Report, Bushfire Report, Ecological Report and an Aboriginal and Heritage Report. If this occurs, a report to a future Council meeting will be tabled outlining the budget implications of this work. It is likely that a supportive DCP amendment and draft VPA also will be reported to Council to complete the planning package for the planning proposal.

Conclusion

It is considered that given the approved heavy industrial land use of the subject site and given that the site is deemed unsuitable for residential, place based retail and modern business park land uses, that the planning proposal has sufficient strategic and site-specific merit to proceed and that the constrains of the site regarding vehicular access, flooding, biodiversity, bushfire and contamination can be further discussed post Gateway with the relevant State Agencies. It is recommended that Council endorses the planning proposal to proceed to a Gateway determination.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	Manage air, water, noise and chemical pollution. Enhance the environmental performance of buildings and homes. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	Encourage the community to engage in Council initiatives and actions.
Legislative	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 pursue the use of the recycling waste facility. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Council Resolution - RZ-2-2020 - 26 July 2023 (Under separate cover)

2. Council Initiated Planning Proposal Document - Lot 2 Newbridge Road Moorebank (Under separate cover)

3. Local Planning Panel Advice - 27 November 2023 (Under separate cover)

4. NSW Land and Environment Court Decision for Material Recycling Facility – 8 May 2017 (Under separate cover)

5. 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=514904 ):

a) Georges River Regional Flood Evacuation Study - March 2022

b) Survey Plans

c) Economic Impact Assessment Report – March 2023

d) RZ-2/2020 - Bushfire Assessment Report – 21 February 2020

e) RZ-2/2020 - Interim Advice for preliminary review of remediation strategy

f) RZ-2/2020 - Flood Impact Assessment Report – 22 November 2018

g) RZ-2/2020 - Flood Evacuation Timing Letter – 2 September 2019

h) RZ-2/2020 - Preliminary Biodiversity Development Assessment Report – February 2020

i) RZ-2/2020 - Infrastructure Gap Analysis Report – November 2019

j) RZ-2/2020 - Social Impact Assessment – January 2020

k) RZ-2/2020 - Traffic Impact Assessment Report – February 2020

l) RZ-2/2020 - Technical Memo regarding constraints and opportunities – March 2021

m) RZ-2/2020 - Arcadis Ecological Constraints Map

n) RZ-2/2020 – Aboriginal Heritage Due Diligence Assessment – November 2019

Ordinary Meeting

13 December 2023

Planning & Compliance Report

PLAN 04

Draft Regional Affordable Housing Contribution Scheme

Strategic Objective	Healthy, Inclusive, Engaging Support an inclusive community by fostering access and equity for all
File Ref	377658.2023
Report By	Brianna Van Zyl - Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

The Western Sydney Planning Partnership (WSPP) has prepared a draft Western Sydney Regional Housing Strategy and Contribution Scheme (the draft scheme) (Attachment 1). This scheme intends to use a regional approach to facilitate affordable housing in Western Sydney. The purpose of this report is to present the draft scheme prepared by WSPP to Council and seek endorsement for the draft scheme to be placed on exhibition. Endorsing the plan for exhibition does not commit Council to the adoption of these documents.

The draft Scheme will allow affordable housing contributions to be levied as a condition of consent for certain development applications, to contribute to affordable housing provision in Western Sydney. This contribution has been set at a low-rate and with a long, staged three-year introduction between exhibition of the draft Scheme and coming into effect in March 2027, to ensure that it does not undermine the delivery of development. Specifically, it will require affordable housing contributions for residential subdivision and residential development, which will generally be calculated at 1.5% of the total floor space or developable area, with a reduced rate of 0.3% for major non-residential development.

The draft scheme exempts several development types from making a contribution, including replacement dwellings (knock down rebuilds), non-residential development with a gross floor area less than 1,000sqm, alterations and additions and changes of use applications.

The draft scheme is in line with Housing Strategy Action 14, and Council’s Local Strategic Planning Statement Action 7.2.

The draft scheme identifies a process for delivery and management of the affordable rental housing in perpetuity. It is estimated to lead to the delivery of 4,800 to 6,800 affordable rental dwellings over a 10-year period.

The draft Scheme is intended to be placed on public exhibition in early 2024 (likely to be March) in accordance with Council’s Community Participation Plan (CPP). The submissions and feedback from the exhibition will be considered and reported to Council by mid-2024 and allow Council to consider whether to endorse the application of the draft Scheme in Liverpool Local Government Area.

Following this exhibition process and post-exhibition reporting, the draft Scheme could be included in each relevant Council LEP via a State-led amendment. If supported by all Councils, it will come into effect in 2027.

RECOMMENDATION

That Council:

1. Notes this report, and the draft Western Sydney Regional Affordable Housing Contribution Scheme prepared through the Western Sydney Planning Partnership;

2. Endorses the Western Sydney Regional Affordable Housing Contribution Scheme and associated attachments to be placed on Public Exhibition in early 2024; and

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

REPORT

Background:

The establishment of the Western Sydney Planning Partnership (WSPP) was a council-led initiative in the 2018 Western Sydney City Deal. WSPP is a vehicle for local councils to work at a regional level with state agencies to deliver outcomes through a collaborative planning approach.

To reduce the burden on individual Councils of preparing and administering schemes, the Western Sydney Planning Partnership has been working with planning staff from 9 local councils to develop a common approach for a regional affordable housing contribution scheme for the Western Parkland City Councils, and Blacktown City Council. The nine Councils involved include: Liverpool, Fairfield, Camden, Campbelltown, Penrith, Wollondilly, Hawkesbury, Blue Mountains and Blacktown.

Requirement to prepare affordable housing contribution schemes

Affordable housing is essential to support the economy and growth of the region, yet housing in Western Sydney has become increasingly unaffordable for many people, including for the key workers needed to sustain Western Sydney’s productivity. If the problem is not addressed, the number of Western Sydney households in need of affordable dwellings is projected to increase from 82,700 households in 2021 to 129,000 households in 2041.

Affordable Rental Housing targets are set out in the Greater Sydney Region Plan- A Metropolis of Three Cities and the Western City District Plan, both published in 2018 by the then Greater Sydney Commission. Targets in the range of 5 -10 per cent of new residential floorspace were signalled to the private sector and the District Plan included an action for Councils to ‘Prepare (an) Affordable Housing Rental Housing Scheme...’

The Liverpool Local Strategic Planning Statement ‘Connected Liverpool 2040’ (LSPS) details the importance of affordable housing within the Liverpool Local Government Area (LGA). The LGA is suffering from one of the highest rates of rental stress in the country, with over 7,000 households in rental stress (>30% of income is spent on rent) and over 4,000 experiencing severe rental stress (more than 50% of income spent on rent). Specifically, Action 7.2 of the LSPS relates to the consideration of an Affordable Housing Contributions Scheme as a short-term action. Additionally, Action 7.5 of the LSPS, and Action 14 of the Housing Strategy require Council to “Advocate to State and Federal Governments for more investment in social and affordable housing”

As a result, all Western Parkland City Councils (and Blacktown) have been required to prepare an Affordable Housing Contribution Scheme (draft Scheme) as part of their assurance requirements for their Local Housing Strategies (endorsed August 2020). The preparation of a draft Scheme by Councils is enabled by State Policy (the Housing SEPP 2021), which identifies a need for affordable housing across NSW.

In recognition of the significant resourcing for Councils to prepare and administer individual schemes, a project partnership was established with DPE, the Greater Cities Commission (GCC), the eight Western Parkland City Councils and Blacktown City Council, which has developed the draft Regional Affordable Housing Contribution Scheme (Attachment 1).

DPE has confirmed (Attachment 2) that if Councils adopt the Regional Affordable Housing Contribution Scheme in their LGA they will meet their Local Housing Strategy assurance requirements. If Council decides not to proceed with the proposed scheme, Council may be required to invest substantive resources in developing individual schemes to meet DPE assurance requirements.

Draft Regional Affordable Housing Contribution Scheme:

The draft Scheme is an efficient way to provide a common regional approach, that is responsive to the Western Sydney context.

The draft Scheme is based on expert advice provided by SGS Economics & Planning, which considered options for the application of a contribution scheme in Western Sydney and recommended the preferred option of a low rate that is applied broadly to development based on identified need for affordable housing across the region. As both residential and non-residential development contributes to the need for affordable housing, the draft Scheme is broadly applied, though with a delayed implementation of 3 years (commencing March 2027) to ensure sufficient notice is provided to the market.

The draft Scheme proposes a low-rate affordable housing contribution calculated generally at 1.5% of total floorspace or developable area for residential subdivision and residential development to be imposed as a condition of development consent.

The draft Scheme includes a reduced rate for major non-residential development of 0.3% based on the economic advice provided by Hill PDA. This low rate supports the intent to attract jobs growth to Western Sydney, while also recognising the need generated by commercial and industrial development for affordable rental housing for essential workers. The draft Scheme only applies to large non-residential development over 1,000sqm GFA, which ensures the draft Scheme does not apply to small and medium local businesses. Specifically, the following types of development will be excluded from making contributions:

· Social and affordable housing and other specialist accommodation comprising:

o Social housing

o Affordable housing

o Seniors Housing

o Boarding houses

o Group homes

o Hostels

· Non-residential development with a gross floor area less than 1,000sqm

· Community facilities

· Replacement dwellings (i.e., knock down and rebuild on an existing lot)

· Residential alterations and additions that do not result in more than 200sqm of additional floor space

· Change of use/ replacement development that does not result in additional floorspace

· Super lot subdivision that does not result in the creation of a final residential lot (i.e., subdivision for the purpose of further subdivision, subdivision for a public purpose, or a residue lot).

· Subdivision that does not result in the creation of an additional lot (i.e., boundary adjustment).

WSPP commissioned legal advice in 2023 to inform the development of the draft Scheme, which has confirmed that the approach is within the current legislative framework.

The draft scheme does not preclude the opportunity for each Council to consider additional affordable housing contributions, at a later date as part of future precinct planning or planning proposals. This may be appropriate where land is rezoned for greater density and can reasonably contribute a higher proportion of affordable rental housing. This, however, is not part of the draft Scheme and would be in addition to the rates in the draft Scheme being exhibited.

The draft Scheme is supported by an updated evidence base including a housing needs assessment evidence base (Attachment 3).

Economic impact of scheme

Economic and property consultants, Hill PDA were engaged to undertake a review of the proposed contributions and to test the economic impact of the draft Scheme to ensure the draft Scheme is designed to not unreasonably affect the economic viability of development (Attachment 4). As a result, the approach includes setting a low rate (1.5% equivalent of residential GFA and 0.3% of non-residential GFA) and staging its introduction to be 3 years from the date of the exhibition (to ensure clear information is available to the market).

The rates in the draft Scheme are less than the affordable housing contributions in other parts of Sydney, including in the City of Sydney where contributions are 3% for residential development and 1% for non-residential development.

Delivery of affordable housing

The draft Scheme will require monetary contributions as a condition of development consent (and in certain cases this may be in-kind as land dedications). Contributions have been monetised with rates that differ between LGAs to account for the regional differences in floorspace value.

The estimated affordable rental housing supply to be created through the draft Scheme and distribution approach (that leverages Federal Government financing and other land resources) is 6800 dwellings equivalent over a 10-year period (4800 if partially implemented).

The draft Scheme is accompanied by a detailed draft Distribution Plan (Attachment 5), which sets out the process for the delivery of affordable housing. A key element of this approach is to minimise any ongoing burden on local councils for the delivery of affordable housing, and managing affordable rental housing, or the asset management, maintenance or renewal. Key elements of the draft Distribution Plan are:

· Affordable rental housing will be provided at below private market rental levels to reduce housing related financial stress for the following households

o Very low income household – less than 50% median household income,

o Low income household – greater than 50%, less than 80% median household income, and

o Moderate income household – 80 to 120% median household income.

· Opportunity to pool contributions across four sub-regions of Western Sydney LGAs to increase scale and flexibility for delivery of affordable housing;

· Partnership proposed with NSW Department of Communities and Justice to lead a competitive commissioning process and establish legal agreements for affordable rental housing;

· Delivery by the expert not-for-profit housing providers, including registered community housing and state government housing providers;

· Commissioning process leverages Commonwealth government affordable housing financing and housing provider land assets to increase quantity of affordable rental housing supply; and

· Housing providers to own, manage and renew dwellings as affordable rental housing in perpetuity.

The detailed commissioning process for the delivery of affordable housing is included in the draft Distribution Plan. However, the draft Distribution Plan will be an operational policy for distribution of the contributions collected under this draft Scheme. If changes are needed, the draft Distribution Plan requires the amendments to be agreed by formal resolution of all participating local councils.

Specifically, the distribution plan, states that each local council will be responsible for the imposition of conditions of consent on development for the collection of affordable housing contributions as per the scheme. With each Council retaining ownership of the contributions until they are transferred to an eligible affordable housing provider. As such, each local council in the Scheme will maintain a separate restricted fund for affordable housing contributions, and any interest accruing to a local council from these contributions will be retained in the fund for use in providing affordable housing.

It is proposed that housing delivery would be with Not for Profit (NFP) (community and government) housing providers. Ownership would be transferred to the NFP provider (so that local councils are not taking-on housing asset management responsibilities and costs) with a requirement that the affordable rental housing be provided in perpetuity (noting some flexibility in renewal and redevelopment of stock in the long term with retention of the same amount of affordable housing). Transferring asset ownership also allows for example the community housing providers to seek additional low-cost financial support from the Commonwealth Government to part-finance projects.

Currently discussions are underway between WSPP and the Department of Communities and Justice (to be Homes NSW) on establishing a partnership for them to lead a regional mechanism for disbursement of funds to NFP providers using a competitive commissioning process.

Sub-regional scheming:

Contributions collected under the proposed scheme will be pooled for use across sub-regional groupings of LGAs, instead of being limited to distribution in the source LGA. The sub-regional groupings are shown below, with Liverpool and Fairfield being grouped together.

This means that contributions collected from development in Liverpool could fund an affordable housing development in Fairfield, and vice versa. This is expected to enhance opportunities for securing suitable sites and increase the scale of contributions available to affordable housing providers.

As outlined above, each individual Council will manage their fund until the commission process has selected an eligible housing provider. Once the provider has been selected and contracts are in place, Councils will transfer the affordable housing fund to the selected housing provider. Further details are outlined in Attachment 5.

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Figure 1: sub-regional groupings of LGA

Public Exhibition:

It is proposed that each Council will undertake public exhibition of the draft scheme simultaneously in early 2024 (aiming for March). The exhibition will provide the opportunity for community, industry and other stakeholder feedback on the draft Scheme. Regional coordination of the timing of this exhibition with the nine Western Sydney councils is being undertaken through WSPP.

The WSPP will prepare exhibition materials, and Council’s strategic planning team will be responsible for managing the exhibition process. Following the completion of exhibition, Council staff will coordinate feedback, and the draft Scheme will be revised by WSPP accordingly.

The feedback and amended draft (final) Scheme will be reported to Council seeking a resolution on whether each Council adopts the draft Scheme (or chooses to opt-out of the Scheme) by mid-2024.

Next Steps:

Endorsing the plan for exhibition does not commit Council to the adoption of these documents. The draft Scheme will need to be adopted by each Council for it to come into effect in their LGA.

After the completion of public exhibition, a report will be tabled to Council outlining the submissions received and the proposed changes to the draft scheme. This is when Council will have the option to endorse the application of the draft Scheme in Liverpool Local Government Area.

WSPP is working with DPE to finalise the statutory implementation mechanism for all Councils who agree to adopt the Scheme. This is likely to occur through a process whereby DPE will prepare an amending SEPP to amend all LEP’s at the same time.

This is an efficient mechanism to amend the LEPs instead of each Council needing to progress individual planning proposals to amend their LEPs. The alternative statutory implementation option would be for each Council to progress an individual planning proposal following adoption of the draft Scheme.

It should be noted that the Scheme may need to be exhibited again as part of any statutory amendment process (amending SEPP or planning proposal process) as part of formal consultation requirements. Further details of this process will be confirmed in a report to Council following the 2024 exhibition of the draft Scheme.

Each Council will have the option to adopt the draft Scheme or for the draft Scheme to not apply in their LGA. However, it is noted that Councils who do not opt-in to the regional Scheme may be required to invest substantive resources in developing individual schemes to meet DPE assurance requirements.

FINANCIAL IMPLICATIONS

This report has no financial implications.

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. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Division 7.2 Affordable Housing Contributions, within Environmental Planning and Assessment Act 1979.
Risk	The risk is deemed to be Medium. If Council does not procced with the draft scheme, Council may be required to invest substantive resources in developing individual schemes to meet DPE assurance requirements.

ATTACHMENTS

1. Draft Regional Affordable Housing Contribution Scheme (Under separate cover)

2. Correspondence on LHS Assurance Requirements (Under separate cover)

3. Evidence Base for the RAHCS (Under separate cover)

4. Economic Testing (Under separate cover)

5. Draft RAHCS Distribution Plan (Under separate cover)

Ordinary Meeting

13 December 2023

Planning & Compliance Report

PLAN 05

Post exhibition report- Renaming street sections Southern Cross Avenue/Seventeenth Avenue East and Hall Circuit, Middleton Grange

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	402229.2023
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 Southern Cross Avenue/Seventeenth Avenue East and Hall Circuit to Pilot Street, Middleton Grange.

At its meeting on 30 August 2023, Council resolved that staff write to the affected residents located on the Street sections of Southern Cross Ave/Seventeenth Ave East and Hall Circuit, Middleton Grange with six options to vote on the renaming of these street sections. This resolution was to progress the renaming of the street section to one of the following new names: Jetstream Avenue, Nacelle Street, Pilot Street, Radome Street, Skyport Street and Wirraway Street.

A letter detailing the current street name issues as well as the renaming option to vote, was sent to approximately 84 landowners and affected residents (Attachment 1). During the exhibition period, 7 individual submissions and a signed petition from 42 residents objecting to the proposal were received (Attachment 2). The petition was also forwarded to Council staff from MP Nathan Hagarty and MP Anne Stanley.

9 votes were received with the highest name being Pilot Street (Attachment 3). 29 residents/affected property owners did not respond or provide a submission to the letter, and Council received 13 Return to Sender letters indicating these properties are not recognised by Australia post.

A community forum was held at Thomas Hassall Anglican collage on Wednesday 15 November 2023 where residents raised concerns with the street name change.

The submissions received detailed that residents on Southern Cross Avenue do not want the street name to change. This was because it would cause an inconvenience to residents who would have to change their address details with essential services and utilities, and requested that Council reconsider the renaming of the above-mentioned street sections.

Following a review of the submissions received, Council staff are concerned that the risk to public safety and the non-conformance to the NSW Addressing principles will remain if the street sections are not unified.

It is recommended that Council supports the renaming of the street sections of Southern Cross Avenue/Seventeenth Avenue East and Hall Circuit to Pilot Street, Middleton Grange, and delegates authority to the Chief Executive Officer to proceed with the process of gazettal.

As an alternative, the street sections of Southern Cross Avenue/Seventeenth Avenue East and Hall Circuit can be renamed to Southern Cross Avenue with a new numbering allocation established. This is not recommended due to the potential confusion and safety risks that number changes to an existing street may cause.

The option to leave the street naming arrangements as they currently are, is not recommended due to the current safety issues risk and mail, and service delivery problems.

RECOMMENDATION

That Council:

1. Notes the submissions and votes received on the renaming proposal;

2. Supports the renaming of the street sections Southern Cross Avenue/Seventeenth Avenue East and Hall Circuit to Pilot Street, Middleton Grange

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

REPORT

Background

Council’s rates and property officer has received several inquiries from property owners located around Seventeenth Avenue East, Middleton Grange. Some are experiencing challenges with the Valuer General Office NSW not recognising names such as Seventeenth Avenue East as a valid street location. Council’s rates and property office has assisted the property owners to rectify the issue, including providing the map data to the Valuer General Office NSW, but to date the street addresses are not being recognised. There are also issues with essential services including Australia Post, Ambulance and various delivery services not being able to correctly locate properties.

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Figure 1: Southern Cross Avenue/Seventeenth Avenue East/Hall Circuit/Street Sections – (Highlighted in yellow)

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Figure 2: Southern Cross Avenue/Seventeenth Avenue East/Hall Circuit/ eighty-four 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 extent of the existing Street sections 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 one name 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.

If Street sections remain in their current form:

· The current addressing issues will remain.

· Government agencies, legal entities, and public services rely on accurate addressing for their operations. Failing to address the issues can create legal and administrative issues i.e., property being recognised by the Valuer General Office.

· The risk to public safety remains.

· Persistent addressing issues can lead to frustration and dissatisfaction amongst community members. This may be perceived as that Council’s inaction is a lack of responsiveness or disregard for their concerns.

· By not addressing the issues, the opportunity to improve the overall addressing system and enhance the efficiency and effectiveness of services may be missed. Taking action to rectify the addressing issues can lead to long-term improvements in navigation, service delivery, and community satisfaction.

· If Council proposes to retain the name Southern Cross Avenue and apply it to the whole corridor, renumbering the existing Southern Cross Avenue properties would need to occur. This is problematic for the reasons detailed below:

o The numbering of properties located on Southern Cross Avenue starts near the middle of the corridor (at the intersection of Middleton Drive and heads west) see figure 3 below; this means that staff cannot apply the name Southern Cross Drive to properties east of this location as these properties would need negative street address numbers (which are not allowed).

o Re-numbering may cause further confusion and inconvenience for the existing residents, businesses, and visitors of Southern Cross Avenue as they are familiar with the previous numbering system and may struggle to adjust to the new numbering, leading to difficulties in locating addresses and communicating directions.

o Re-numbering without changing the street name is highly likely to lead to a situation where an address can be interpreted as applying to two different properties (e.g. the old location and the new renumbered location).

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Figure 3: Numbering of properties on Southern Cross Avenue - number 1 starting at the Middleton Drive intersection heading west.

Considering that the current configuration of the street sections fails to align with the aforementioned addressing principles and renumbering properties on Southern Cross Avenue will cause greater confusion, all of the Street sections must be renamed.

Council received a report on this issue and another related street naming issue on 30 August 2023 where it was resolved (amongst other things) that Council:

2. Endorses staff to write to the affected residents located on the Street sections of Southern Cross Ave/Seventeenth Ave East/Hall Circuit, Middleton Grange with seven options to vote on the renaming of these street sections.

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 objections received during public exhibition.

Community engagement

In accordance with the August Council resolution, staff wrote to the affected landowners (Southern Cross Ave / Seventeenth Ave East and Hall Circuit) detailing the issues with the current street names, as above, and requesting the landowners vote between the six proposed street names being Jetstream Avenue, Nacelle Street, Pilot Street, Radome Street, Skyport Street and Wirraway Street (Attachment 1).

The letter advised residents the proposed Street name that receives the highest vote will be formally gazetted and rename the entire street sections of Southern Cross Avenue, Seventeenth Avenue East and Hall Circuit.

If any submissions are received a detailed report will be prepared for the next available Council meeting outlining the submissions received and a recommendation based on the community feedback.

Public Exhibition

During the exhibition period, seven individual submissions were received objecting to the renaming proposal. A signed petition of forty-two residents objecting to the renaming was also received (Attachment 2). It should be noted that four of the signatures signed on the petition are invalid as three residents also voted on a name and one resident did not live on any of the street sections.

Thirteen letters were returned to Council as the address details were not recognised as valid by Australia Post. Twenty-nine residents/affected property owners did not respond or provide a submission to the letter.

Nine votes were received on the proposed new street name (Attachment 3). A general community forum was also held at Thomas Hassall Anglican collage on Wednesday 15 November 2023 where residents raised concerns with the street name change.

Submissions

The below table details the submissions, justification and response undertaken by Council staff.

Table 1: Submissions objecting to the renaming

Submission

Justification

Response

Submission 1: Objecting to the name change. Would like to keep the Street name Southern Cross Avenue.

Council did not consult and advise the affected property owners effectively.
Links council provided in the letter provided on the 17th October 2023 are not adequate in showing relevant information as to why this change is required.

Council has not considered the affect’s of the people whom live in these streets having to change address on all personal information.

Over 90% of the households on the affected streets are addressed as Southern Cross Avenue.

The name Southern Cross synonymously represents our Great nation being on the Australian Flag and is what would guide the original custodians and ancient navigators and modern sailors and air plane pilots being the most southern constellation that is recognisable and constant in our night skies.

Council wrote to the affected residents and property owners in a letter dated 17 October 2023.

The letter provided a link to the August Council report which detailed the reasons why the street name change is required.

Council understands that changing address information is an extra burden for residents, however all essential services and third-party agencies will be automatically updated through the NSW addressing portal once the street name is formally gazetted. It is recommended that residents follow up with essential services and utilities as an extra measure. A factsheet on how to update your address and who to notify will be provided to all residents if the renaming of the street sections progresses.

There are a total of 84 properties affected.

The makeup of households affected are 62 (72%) properties on Southern Cross Avenue, 8 (9.4%) properties on Seventeenth Avenue East and 16 (18.6%) properties on Hall Circuit.

The name Southern Cross represents the aircraft that was flown by Australian aviator Charles Kingsford Smith, Charles Ulm, Harry Lyon and James Warner in the first-ever trans-Pacific flight to Australia from the mainland United States, in 1928.

Submission 2: Decline to vote on an alternative name.

Resident wants to retain the name Southern Cross Avenue

Noted.

Submission 3:

Object to the name change as has the potential to cause inconvenience and hassle that would arise in our neighbourhood.

.

Major concern is the need to update all our personal documents, licenses, and bills to reflect the new street name. This process can be time-consuming for residents, causing unnecessary stress and confusion. This will also cause confusion and stress on postal services as they have to navigate through new street names.

Additionally, all our neighbours are happy and content with Southern Cross Avenue and would like to keep it as that.

The street sections cannot remain in their current form as they do not comply with the addressing principals as noted in the report above.

Not all residents are happy and content to leave the name as Southern Cross Avenue. Council staff have received votes on preferred street names, phone enquiries from residents wanting to gain a better understanding of why the street name is proposed to change, return to sender letters as the current address has not been recognised by Australia post and no response from a number of residents at all.

Submission 4:

Keep the name as Southern Cross Avenue or change to Seventeenth Avenue.

No rational given. Submission also states they object to property owners and tenants having one vote each, as owners we have one vote and I believe that tenants have no say in the decision making.

Noted. The name Seventeenth Avenue exists in the neighboring suburb of Austral and is considered a duplication of a road name as stated in the NSW addressing Policy User Manual. This is another reason why the current street sections do not conform and need to be renamed.

Both property owners and tenants should have a say in decisions that affect the community they live in. All affected landowners and tenants have been consulted as part of this process.

Submission 5:

Petition signed by 42 property owners/residents.

The petition was also forwarded to Council staff from MP Nathan Haggarty and MP Anne Stanley.

As part of street renaming guidelines only if a resident or group of residents are not happy with an existing road name, or are experiencing problems with mail deliveries, would there be a need to change a name.

The renaming of the street will cause a great inconvenience to all of us as we would have to update identity documents and personal information with all our

service providers and financial institutions.

Section 6.7.9 Amending Road Names of the NSW Addressing Policy Manual States: 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.

Residents have expressed concerns that they are having issues with their property addressed being recognised by essential and delivery services. A resident has also advised Council the valuers general office NSW does not recognise their street address.

Residents with house numbering on the East end of Southern Cross Avenue and Seventeenth Avenue East are being mistaken and confused with one another as they are in close proximity and are considered duplicate numbers with essential and delivery services.

Thirteen Return to Senders letters were received to Council, indicating residents are having issues with receiving mail deliveries.

The street sections cannot remain in their current form as they do not comply with the addressing principals as noted in the report above.

Submission 6:

The residents of Southern Cross Ave, strongly advocate for retaining our street's current name due to its profound aeronautical heritage.

The name Southern Cross Ave is not just a label for our location; it is a tribute to the rich history of aviation in our community. Changing it would mean losing a significant part of our identity.

More so, we have already endured the disruption and challenges of transitioning from lot numbers to house numbers. This process was not easy, and we have only just adapted to this change. We believe it is unnecessary and burdensome to go through another significant alteration. Therefore, we unanimously vote to maintain our street name as it is, honoring our unique aviation legacy and respecting the convenience of the residents.

Noted and agree the street naming theme for Middleton Grange is aviation. The proposed six names have an aviation theme to ensure they align with the suburb naming theme as well as complying with the addressing principals outlined in the NSW Addressing Policy User Manual 2021.

The street sections cannot remain in their current form as they do not comply with the addressing principals as noted in the report above.

Submission 7:

I wish to cast a vote for Southern Cross Avenue.

No rational given.

Noted.

Submission 8:

My husband and I are against the proposed change of our street name.

There are some issues with the road, but none would be fixed by changing the name. It would also involve many people in time-consuming paperwork and alterations on licences, bank records, etc etc.

There are other and more effective ways to fix the issues such as putting gutter numbering along the road and asking all residents and owners to properly label their properties. This would be substantially less costly and time-consuming than changing the name.

The street sections cannot remain in their current form as they do not comply with the NSW addressing policy and principles as noted in the report above.

It should be noted that the NSW Addressing Policy Manual section 7.1.5 Submissions states:

From time to time members of the public or organisations might wish to comment on, support or object to an addressing proposal, be it for numbering, road naming or address locality name/ boundary definition.

Objections submitted:

• For road names - must be made directly to the Local Government during the public consultation period.

• For address localities - must be made directly to the GNB during the consultation period.

All objections must identify where or how the proposal does not conform to the Principles NSW Address Policy and User Manual Addressing Procedures outlined APUM Chapter 6, if they are to be considered and responded to by Local Government in the decision making process.

In reviewing the submissions detailed above, it is noted that the emphasis was predominantly placed on the inconvenience arising for residents having to change their address details, rather than addressing the aspect of non-conformance with the addressing the principals detailed in the NSW Address Policy and User Manual.

Community Forum Meeting

On Wednesday 15^th November 2023 a community forum meeting was held at Thomas Hassall Anglican College. A number of residents raised concerns and objected to the proposed name change. A resident living on Seventeenth Avenue East shared a past experience, who suffered a heart attack. An ambulance was called and unfortunately could not locate the property due to the difficulty and confusion with the street sections. This incident caused the family undue distress and had the potential to be fatal.

Following the forum several residents left their details for Council officers to contact them and discuss the proposed name change in more detail.

As a result of the call backs to residents it is understood that some of the residents who signed the petition would be satisfied if the street name remained as Southern Cross Avenue understanding that all their properties would be renumbered and residents would still need to undertake the process of changing their address details. Council officers also advised the residents that renumbering the Street would possibly lead to more confusion for the reasons detailed in the report above and was therefore not the best option to rectify the current issues.

Votes

The below table details the votes received by the affected property owners/resident.

Table 2: Votes received by property owner/affected resident

Property Owner/Resident	Vote
Vote 1 - Southern Cross Avenue	Skyport
Vote 2 - Southern Cross Avenue	Skyport
Vote 3 - Southern Cross Avenue	Pilot
Vote 4 - Southern Cross Avenue	Pilot
Vote 5 - Southern Cross Avenue	Skyport
Vote 6 - Southern Cross Avenue	Pilot
Vote 7 - Southern Cross Avenue	Wirriway
Vote 8 - Southern Cross Avenue	Pilot
Vote 9 - Southern Cross Avenue	Pilot

The highest voted street name is Pilot.

Following a review of the submissions received, the risk to public safety and the non-conformance of the current street section names it is recommended that Council supports the renaming of the street sections of Southern Cross Avenue, Seventeenth Avenue East and Hall Circuit to Pilot Street Middleton Grange, and delegates authority to the Chief Executive Officer to proceed with the process of gazettal.

The option to leave the street naming arrangements as they currently are, is not recommended due to the current safety issues risk and mail, and service delivery problems.

Next Steps

If supported by Council, the naming proposal for the renaming of the street sections of Southern Cross Avenue, Seventeenth Avenue East and Hall Circuit to Pilot Street Middleton Grange, will proceed to gazettal.

FINANCIAL IMPLICATIONS

The costs associated with replacing street to be named Pilot Street is estimated at $771.00.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	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 moderate if the street naming process is not delayed. There is a risk that if Council fails to support the recommendation that emergency services will be unable to attend to incidents within Middleton Grange. Given the recommendation, the risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Letter to affected residents

2. Combined Objections Middleton Grange

3. Combined Street Name Votes Middleton Grange

Ordinary Meeting

13 December 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	387420.2023
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 $50,000 from the Community Grant Program, Sustainable Environment Grant Program, Matching Grant Program, and the Community Sponsorship Program.

RECOMMENDATION

That Council:

1. Endorses the funding recommendation of $5,000 (GST exclusive) under the Community Grant Program for the following project:

Applicant	Project	Recommended
Road Safety Education Limited	RYDA Road Safety Education for Vulnerable, High Risk Young Liverpool Drivers	$5,000

2. Endorses the funding recommendation of $20,000 (GST exclusive) under the Sustainable Environment Grant Program for the following projects:

Applicant	Project	Recommended
Sabean Mandaean Association of Australia	Sustainable Community Empowerment Initiative	$5,000
Holy Spirit Catholic Primary School Carnes Hill	Living in Harmony with our Environment at Holy Spirit: Cultivating a Thriving Vegetable Garden	$5,000
Thomas Hassall Anglican College	Waste Reduction	$5,000
Prestons Public School	School Community Garden	$5,000

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

Applicant	Project	Recommended
Search Dogs Sydney Incorporated	External Learning Facilities	$15,000

4. Endorses the funding recommendation of $10,000 (GST exclusive) under Community Sponsorship Program for the following project:

Applicant	Project	Recommended
Red Bull	Red Bull Half Court Competition	$10,000

REPORT

Community Grant Program

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

Applicant	Road Safety Education Limited
Project	RYDA Road Safety Education for Vulnerable, High Risk Young Liverpool Drivers
Amount Requested	$5,000	Total Project Cost	$34,870
Location	High Schools in the Liverpool LGA	Date	February to December 2024
About the Applicant	Road Safety Education Limited (RSEL) is a not-for-profit organisation operating throughout Australia and New Zealand, committed to saving lives through the provision of road safety education targeting young people. RSEL is well known for delivering workshops and programs across high schools in the Liverpool LGA, with a vision to expand its safety program across more schools.
Description	Objectives: The RYDA program focuses on students aged between 16 and 18 years of age attending Liverpool LGA high schools. It aims to support students to identify and understand road safety issues and the risk involved on a personal level. RYDA will deliver several road safety workshops across high schools in partnership with NSW Police, professional driving instructors and crash survivors. The program aims to empower young people to become responsible decision makers and enable them to develop personal strategies and skills around road safety and driver safety. Outcomes: · Improved awareness and access to road safety information and training programs for young people in the LGA; · Enhanced sense of road responsibility and driver confidence in young people; and · Strengthened partnerships and engagement between local schools, NSW Police and local government.
Beneficiaries	· Over 1000 high-school students across several schools · Families and broader school community · NSW Police and road safety support agencies
Assessment	Recommended for Funding - $5,000 The project aligns with the Community Strategic Plan Objective 1 - Creating Connection, Objective 3 – Evolving, Prosperous, Innovative, Objective 4 – Visionary, Leading, Responsible, and meets the Community grant funding priorities. Expected program outcomes 7.4.1 c), d) and e).

Sustainable Environment Grant Program

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

Applicant	Sabean Mandaean Association of Australia
Project	Sustainable Community Empowerment Initiative
Amount Requested	$5,000	Total Project Cost	$19,600
Location	Sabean Mandaean Association 70 Terminus Street, Liverpool 2170	Date	February 2024
About the Applicant	The Sabean Mandaean Association of Australia (SMAA) is a not-for-profit organisation serving the Mandaean CALD community of Liverpool since 1992. The Mandi (community space) operates from a refurbished fire station on Pirie Street, one of Liverpool’s oldest heritage sites. In addition to religious services, SMAA offers community members, particularly women, youth, and the elderly an opportunity to enhance their capacity building skills through activities and workshops.
Description	Objectives: The Sustainable Community Empowerment Initiative is a multi-faceted project focusing on educating the broader community about waste minimization, sustainable water use, environmental improvement, and sustainable living. Funding will be used to invest in water harvesting tanks, gardening equipment, and the preparation of educational materials. The Sustainable Community Empowerment Initiative aims to: · Demonstrate to community members how to grow and maintain herbs, fruits, and vegetables in garden beds; and · Educate the broader community on waste minimisation and water conservation initiatives through rainwater tank management. Outcomes: · Raise awareness and promote sustainable living as a way of life through active management of garden beds, water conservation and water minimisation; · Increased number of volunteers developing leadership skills through the garden caretaker program; and · Generate positive community engagement through effective educational workshops and information packs.
Beneficiaries	· Mandaean and CALD Community · Youth groups · Local volunteers and support organisations
Assessment	Recommended for Funding - $5,000 The project aligns with the Community Strategic Plan Objective 1 - Creating Connection, Objective 2 - Strengthening and Protecting our Environment and meets the Sustainable Environment Grants Program’s funding priorities of Waste Minimisation; Sustainable Water Use; Environmental Improvement; and Sustainable Living. Expected program outcomes 7.5.1 a), b), c) e) and f)

Applicant	Holy Spirit Catholic Primary School Carnes Hill
Project	Living in Harmony with our Environment at Holy Spirit: Cultivating a Thriving Vegetable Garden
Amount Requested	$5,000	Total Project Cost	$5000
Location	25 Main Street, Carnes Hill, 2173 NSW	Date	January 2024
About the Applicant	Holy Spirit Catholic Primary School is a K – 6 school located in Carnes Hill. The school is seeking opportunities to realign its current curriculum's educational requirements with a new focus on environmental sustainability. Holy Spirit Catholic Primary School aims to deliver programs where students learn essential life skills around sustainable living and develop important attitudes towards environmental impact and self-sufficiency.
Description	Objectives: The Thriving Vegetable Garden project involves the relocation and redesigning of a vibrant and sustainable garden that enriches both education and the school community. The program aims to foster a deeper understanding of the origins of food and its connection to healthier dietary choices. By actively participating in the cultivation of their own vegetables, students will gain firsthand experience understanding the advantages of maintaining a fruit and vegetable garden for healthy eating habits. Funding will be used to invest in garden beds, a small greenhouse, worm farms and composting bins, and the implementation of an efficient irrigation system. Outcomes: · Improved access for students and school community to learn about sustainable agriculture and implement healthy eating habits; · Increased number of students and community members participating in eco-friendly practices such as gardening, composting, and waste minimisation; and · Generate positive community engagement through youth leadership garden care-taker programs.
Beneficiaries	· Kindergarten to Year 6 Students and broader school community.
Assessment	Recommended for Funding - $5,000 The project aligns with the Community Strategic Plan Objective 1 - Creating Connection, Objective 2 - Strengthening and Protecting our Environment and meets the Sustainable Environment Grants Program’s funding priorities of Waste Minimisation; Sustainable Water Use; Environmental Improvement; and Sustainable Living. Expected program outcomes 7.5.1 a), b), c) e) and f)

Applicant	Thomas Hassall Anglican College
Project	Waste Reduction
Amount Requested	$5,000	Total Project Cost	$16,920
Location	125 Kingsford Smith Ave, Middleton Grage, 2171 NSW	Date	November 2023
About the Applicant	Thomas Hassall Anglican College is a K – 12 school located in Middleton Grange. The school is seeking opportunities to deliver programs for students to learn essential life skills around waste minimisation, environmental improvement, and sustainable living.
Description	Objectives: Thomas Hassall Anglican College aims to implement a waste separation system in an effort to reduce rubbish that ends in landfill by sorting waste into categorised bins. Funding will be used to invest in sorting bins, to be strategically placed around the school in an effort to encourage waste minimisation behavior. Workshops and posters promoting the correct use of bins will also be part of this program to ultimately make Thomas Hassall Anglican College a waste-free facility in the upcoming years. Outcomes: · Increase number of students educated on waste minimisation and participating in the waste management system; and · Reduce waste at the school through purposeful bin placement and programs.
Beneficiaries	· School students and broader school community.
Assessment	Recommended for Funding - $5,000 The project aligns with the Community Strategic Plan Direction 1 Creating Connection, Direction 2 Strengthening and Protecting our Environment and meets the Sustainable Environment Grants Program’s funding priorities of Waste Minimisation; Sustainable Water Use; Environmental Improvement; and Sustainable Living. Expected program outcomes 7.5.1 a), b), c) e) and f)

Applicant	Prestons Public School
Project	School Community Garden
Amount Requested	$5,000	Total Project Cost	$5,000
Location	Cnr Kurrajong Road and Box Road, Prestons, 2170 NSW	Date	October 2023 to April 2024
About the Applicant	Prestons Public School is a K – 6 primary school located in Prestons. The school is seeking opportunities to deliver programs for students centered around waste minimisation, environmental improvement, sustainable and healthy living.
Description	Objectives: Prestons Public School aims to develop a sustainable garden program that is accessible to all members of the community including students, staff, and local families. This hands-on garden program will educate the broader community about the nutritional benefits of organic foods, waste minimisation, sustainable water use, environmental improvement, and sustainable living. In the spirit of community wellbeing, produce from the fruit and vegetable gardens will be shared with families that are experiencing financial hardship. Outcomes: · Increase number of students, staff and families educated on living sustainably through active management of garden beds, water conservation and positive solutions to food waste; · Increase number of students, staff and families practicing waste minimisation through the schools recycling and composting program; and · Support vulnerable families through harvested produce meal programs.
Beneficiaries	· School students and broader school community.
Assessment	Recommended for Funding - $5,000 The project aligns with the Community Strategic Plan Direction 1 Creating Connection, Direction 2 Strengthening and Protecting our Environment and meets the Sustainable Environment Grants Program’s funding priorities of Waste Minimisation; Sustainable Water Use; Environmental Improvement; and Sustainable Living. Expected program outcomes 7.5.1 a), b), c) e) and f)

Matching Grant Program

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

Applicant	Search Dogs Sydney
Project	External Learning Facilities
Amount Requested	$15,000	Total Project Cost	$37,626.00
Location	Rossmore Grange, NSW	Date	December 2023
About the Applicant	Search Dogs Sydney Inc (SDSI) is a volunteer organisation local to the Liverpool LGA. SDSI provides 24-hour support 365 days a year to NSW Police, emergency management agencies such as SES, and vulnerable community members and their families through Search & Rescue and Recovery operations across NSW. SDSI are a specialist team that train canines and technicians to search for and locate missing persons in any environment or terrain. The organisation delivers training programs in partnership with Australian Civil Air Patrol and Citizens Band Radio Emergency Response Team (C.R.E.S.T)
Description	Objectives: Search Dogs Sydney aims to expand its training program by investing in an external shade structure, with a dedicated outdoor space for professional learning and development. Improving the current training facility will strengthen SDSI’s training program and increase the number of volunteers seeking learning opportunities in the search and rescue community. Rossmore Grange is Council owned asset and therefore an upgrade to the facility will provide an ongoing benefit to council. Investing in a safe external facility will also boost broader community engagement through a recreational visitation program and regular Open Day events at the facility. Outcomes: · Improve training and learning opportunities for search and rescue agencies and volunteers; · Increased number of trained technicians and volunteers in the Search and Rescue community through effective collaborations and partnerships; · Strengthened community participation through facility visitation program; and · Revitalisation and improvement of a community asset (Rossmore Grange)
Beneficiaries	· Search and Rescue Agencies (SES, NSW Police, CREST, ACAP) · Local volunteers · Local Community · Liverpool City Council (Rossmore Grange)
Assessment	Recommended for Funding - $5,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 – Evolving, Prosperous, Innovative, and Objective 4 - Visionary, Leading, Responsible, and meets the Matching Grants Program’s funding priorities. Expected program outcomes 7.6.2 a) b) d) and e)

Community Sponsorship Program

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

Applicant	Red Bull Australia
Project	Red Bull Half-Court Basketball Competition
Amount Requested	$10,000	Total Project Cost	$80,000
Location	Collimore Park, Liverpool 2170 NSW	Date	17-18 February 2024
About the Applicant	Red Bull is a famous energy drink company known for sponsoring sporting competitions, tournaments, cultural events, music festivals and local community initiatives all around Australia and the world. Known for its slogan ‘Red Bull gives your wings’, the organisation takes pride in supporting and encouraging local talent to take the first leap in their pursuing their capabilities. Red Bull Australia is seeking partnership opportunity with Liverpool City Council in an effort to bring a national sporting tournament to local communities within the Liverpool LGA.
Description	Objectives: Red Bull Australia is seeking a sponsorship grant to host its annual national basketball competition at Collimore Park, a Council-owned sporting facility. Red Bull Half Court is a two-day free event open for all to enjoy with 16 male and 16 female teams competing in qualifiers and finals. The winning male and female team will each receive a place at the Red Bull Half Court World Final in New York, with flights and accommodation included. The tournament aims to recognise local basketball talent and provide a platform for nation-wide teams to compete. Spectators and visitors will enjoy a variety of food trucks, family entertainment and competitive basketball games throughout the two-day tournament. Outcomes: · Recognition of local talent with an opportunity to participate in activities and events in the LGA; · Economic and social benefit to the Liverpool LGA and community through a sporting event with national significance; and · Promote Liverpool’s reputation as a great place to live, visit, play and invest.
Beneficiaries	· Youth agencies · Local, regional and national sporting groups · Local basketball fans and broader spectator community · Local businesses · Liverpool City Council
Assessment	Recommended for Funding - $10,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective2 – Livable, Sustainable, Resilient, Objective 3 – Evolving, Prosperous, Innovative, and Objective 4 - Visionary, Leading, Responsible, and meets the Matching Grants Program’s funding priorities. Expected program outcomes 7.7.1 a) b), d) 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	$10,000	10,971
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$102,000	$31,439	$5,000	$26,439
MATCHING GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$200,000	$179,456	$15,000	$164,456
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report	Remaining
$75,000	$70,000	$20,000	$50,000
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding in this report	Remaining
$477,000	$301,866	$50,000	$251,866

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

13 December 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	405316.2023
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.

At its Council meeting held on 22 November 2023, Council resolved:

That Council:

1. Confirms the Council meeting time as 2.00pm and Council meeting dates to occur on the fourth Wednesday of the month except for November and December for the 2024 calendar year.

2. Confirms Briefing sessions are to follow Governance Committee meetings and are to be held on the second Tuesday of the month except for November and December for the 2024 calendar year.

3. Direct the CEO to bring a report back to the next Council meeting with those dates.

As per the resolution, 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 Wednesday of the month; and

· Governance Committee meetings be held monthly commencing at 10:00am and be held on the second Tuesday of every month. Councillor Briefing Sessions will be held monthly on the second Tuesday of every month and will follow the Governance Committee meeting.

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:

· 7 February 2024

· 28 February 2024

· 27 March 2024

· 24 April 2024

· 29 May 2024

· 26 June 2024

· 24 July 2024

· 28 August 2024

· 16 October 2024

· 20 November 2024

· 11 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

Council’s resolution for item COM 02 – Council Meeting Dates – January to December 2024 from the 22 November 2023 Council meeting is as follows:

That Council:

1. Confirms the Council meeting time as 2.00pm and Council meeting dates to occur on the fourth Wednesday of the month except for November and December for the 2024 calendar year.

2. Confirms Briefing sessions are to follow Governance Committee meetings and are to be held on the second Tuesday of the month except for November and December for the 2024 calendar year.

3. Direct the CEO to bring a report back to the next Council meeting with those dates.

This report addresses point 3 of the resolution to confirm the Council and Governance Committee meeting dates for January to December 2024.

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 Wednesday 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 October meeting is recommended to be held on the third Wednesday of the month.

· The November meeting is recommended to be held on the third Wednesday 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 Wednesday, 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 Council meeting dates for the 2024 calendar year as outlined in Table 1 and the Governance Committee meeting dates for the 2024 calendar year as outlined in Table 2.

Table 1 – Proposed Council meeting dates 2024

Meeting date	Comments
7 February 2024	First meeting since the 13/12/2023 meeting to deal with accumulated business.
28 February 2024	Fourth Wednesday of the month.
27 March 2024	Fourth Wednesday of the month.
24 April 2024	Fourth Wednesday of the month.
29 May 2024	Fourth Wednesday of the month.
26 June 2024	Fourth Wednesday of the month.
24 July 2024	Fourth Wednesday of the month.
28 August 2024	Fourth Wednesday of the month.
No Council meeting in September due to the Local Government Election
16 October 2024	First meeting of the new Council. Third Wednesday of the month.
20 November 2024	Third (second last) Wednesday of the month.
11 December 2024	Second Wednesday of the month.

Table 2 – Proposed Governance Committee 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 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

13 December 2023

Corporate Support Report

CORP 01

Investment Report November 2023

Strategic Objective	Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources
File Ref	404948.2023
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 30 November 2023. Key highlights include:

· Council held investments with a market value of $385 million.

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

· The portfolio yield (for the year to November 2023) was 5 basis points above the benchmark (AusBond Bank Bill Index)

	AusBond Bank Bill Index (ABBI)
Benchmark	3.76%
Portfolio yield	3.81%
Performance above benchmark	0.05%

· 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 $2.82 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 $393 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 19.12 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 30 November 2023, Council held investments with a market value of $385 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:

A pie chart with text on it with Crust in the background

Description automatically generated

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

*Definition of terms

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

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

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

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

Council is committed to NSW TCorp’s balanced investment framework and held 19.12 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 $393 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 November 2023 exceeded the ABBI index by 5 basis points (portfolio yield: 3.81%; ABBI: 3.76%).

Comparative yields for the previous months are charted below:

A graph of a graph showing the amount of cash per day

Description automatically generated

Performance of portfolio returns against budget

Year-to-date, Council’s investment income was $2.82 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	$4.45m	$6.76m	$2.31m
Fair value market movement	$0.00m	$0.51m	$0.51m
Total	$4.45m	$7.27m	$2.82m

A graph of a graph

Description automatically generated with medium confidence

Economic outlook – Reserve Bank of Australia

The Reserve Bank of Australia kept the official cash rate at 4.35 per cent in its meeting on 5 December 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 $2.82 million higher than the original budget at 30 November 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 November 2023

Ordinary Meeting

13 December 2023

Committee Reports

CTTE 01

Minutes of the Liverpool Local Traffic meeting held on 8 November 2023

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	381664.2023
Report By	Charles Wiafe - Principal Transport Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

This report presents the recommendations from the Liverpool Local Traffic Committee meeting held on 8 November 2023. At the meeting, the Committee considered 10 Agenda Items, 4 Technical Discussion Items and 15 General Business Items.

In addition, the Committee considered and endorsed a revised drawing of a Children’s crossing General Boulevard, Edmondson Park, considered and supported in-principle at the September 2023 meeting (Item 5) to be installed approximately 20m east of the previous endorsed location, subject to community consultation.

The agenda items include proposed traffic facilities consisting of two asphaltic speed humps to be installed in front of House Nos. 33 / 118, and in front of House Nos. 82 / 83 to improve road safety along the road.

During the meeting, the Police representative advised that the recent fatal crashes along Sadlier Avenue and Maxwells Avenue are still under investigation, and both involved over-speeding and anti-social driving behaviour. The road conditions did not contribute to the crashes.

On Councillor Harle’s suggestion, the Committee discussed and recommended, that Council nominates Maxwells Avenue and Sadlier Avenue to TfNSW to consider the use of mobile speed cameras along both roads to remind drivers of the applicable speed limit and to reduce speeding and antisocial driving behaviour.

A copy of the meeting minutes along with an Attachment Booklet are included in Attachments 1 and 2.

RECOMMENDATION

That Council adopts the following Committee recommendations:

Item 1 - North Liverpool Road and Wilson Road Intersection, Green Valley – Proposed Intersection Modification

Approves installation of raised threshold across North Liverpool Road and Wilson Road approaches to the roundabout including reconstruction of splitter islands and associated signs and line markings, as shown in the Attachment Booklet.

Item 2 – South Liverpool Road and St Johns Road, Busby - Modification to the existing roundabout

Approves modifications to the existing roundabout at South Liverpool Road and St Johns Road, Busby, as shown in the Attachment Booklet.

Item 3 – South Liverpool Road and Whitford Road Intersection, Green Valley – Proposed Intersection Modification

Approves installation of raised thresholds across all the approaches, at the South Liverpool Road and Whitford Road intersection, reconstruction of the splitter islands to provide gaps and associated signs and line marking, as shown in the Attachment Booklet.

Item 4 – Cartwright Avenue, Heckenberg Avenue and Busby Road, Miller – Roundabout Modification

Approves reconstruction of the splitter islands at the Cartwright Avenue and Busby Road roundabout and Cartwright Avenue and Heckenberg Avenue roundabout along with associated signs and line markings, as shown in the Attachment Booklet.

Item 5 – General Boulevard, Edmondson Park – Proposed Raised Pedestrian Crossing

Approves installation of the proposed raised pedestrian crossing and associated signs and line markings in General Boulevard between Macdonald Road and Soldiers Parade intersections, as shown in the Attachment Booklet.

Item 6 - Kingsford Smith Avenue Intersections with Fifteenth Avenue and Flynn Avenue, Middleton Grange – Proposed Intersection Improvements

Approves installation of two asphaltic speed humps across the Second Avenue and Kingsford Smith Avenue approaches to the Fifteenth Avenue / Kingsford Smith Avenue / Second Avenue roundabout as shown in the Attachment Booklet.

Approves installation of two asphaltic speed humps and concrete median islands across the Kingsford Smith Avenue approaches to the Flynn Avenue/ Kingsford Smith Avenue roundabout as shown in the Attachment Booklet.

Item 7 – Edmondson Avenue, Austral - Special Community Event, 2023 Eucharistic Procession

Note that the event was classified as a Class 2 Special Event with all associated conditions and held on Saturday 25 November 2023, from 4pm to 8 pm, the Police and TfNSW endorsement of the required Special Event Traffic Management Plan.

Item 8 – Sadlier Avenue, Heckenberg - Options to Address Recent Crash along Sadlier Avenue – Proposed Traffic Control measures

· Approves installation of two asphaltic speed humps outside House No. 33 /118 and 82/83 as well as installation of an advisory crest sign shown in the Attachment Booklet

· Approves replacement of the Give-Way priority intersection at the Sadlier Avenue/ Jagungal Place with “Stop” sign.

Item 9 – Committee Meetings dates for 2024

Notes the following endorsed meeting dates and be included in Council’s corporate calendar.

Meeting Number	Date
1	Wednesday 31 January 2024
2	Wednesday 20 March 2024
3	Wednesday 15 May 2024
4	Wednesday 17 July 2024
5	Wednesday 18 September 2024
6	Wednesday 06 November 2024

Item 10 – Items Approved Under Delegated Authority

Notes the traffic facilities approved under delegated authority in the period between October 2023 and November 2023.

REPORT

In addition, the Committee considered and endorsed a revised drawing of a Children’s crossing considered and supported in-principle at its September 2023 meeting (Item 5) to be installed approximately 20m east of the previous endorsed location, which was very close to the Lachlan Street and Drummond Road intersection at Liverpool.

TfNSW has reviewed and endorsed the revised drawing, subject to community consultation with the Liverpool Boys and Girls High Schools as well as occupants of the units north of Lachlan Street, whose driveways would be affected.

Agenda Items

During the meeting, the Police representative advised that the recent fatal crashes along Sadlier Avenue and Maxwells Avenue are still under investigations, and both involved over-speeding and anti-social driving behaviour. The road conditions did not contribute to the crashes.

On Councillor Harle’s suggestion, the Committee discussed and recommended, that Council nominates Maxwells Avenue and Sadlier Avenue to TfNSW to consider the use of mobile speed camera along both roads to remind drivers of the applicable speed limit and to reduce speeding and antisocial driving behaviour.

A copy of the meeting minutes along with an Attachment Booklet are included in Attachments 1 and 2.

Technical Discussion and General Business Items

As indicated above, the Committee considered 4 Technical Discussion Items and 15 General Business Items.

Comments on the Technical Discussion Items with recommended actions are as follows:

TD1 - Hoxton Park Road, Cartwright – Bus Stop Relocation

Council has received a request from Transit Systems, the local bus company that provides passenger bus services to the Liverpool Local Government Area, to relocate an existing bus stop and shelter along Hoxton Park Road, east of Mawson Drive to approximately 150m west.

Recommendation - Council to request TfNSW to review and investigate the proposed relocation of the existing bus stop along Hoxton Park Road approximately 150m W of its existing location E of Mawson Drive, Cartwright, and provide an update at a future Committee meeting.

TD2 - 2024-2025 Road Safety Projects Nominated for Funding

In August 2023, TfNSW on behalf of the Federal Government invited Council to nominate road safety projects which meets requirements for funding under the 2024-25 program.

As part of this nomination, Council has reviewed the TfNSW crash database for the latest five-year period to identify locations with unacceptable crash history that meets the warrant for submission under the 2024-2025 Federal Blackspot program and identified seven projects which meets the funding requirements.

Recommendation - The Committee supports in principle the traffic facilities for the seven (7) road safety projects in the submission and noted that detailed designs would be submitted to future meetings for its endorsement.

TD3 - Middleton Grange Town Centre

At its March 2022 meeting, the Committee discussed intersection treatments for the Middleton Grange Town Centre development and provided comments with a request for the developer to submit a revised Middleton Grange Town Centre Traffic Management Plan along with intersections treatments and signs and line marking scheme and SIDRA network modelling, as noted in the body of the report.

The developer has provided additional information for the external intersections to be considered. The developer has been requested to provide the remaining documentation for assessment.

Recommendation - The Committee noted the revised roundabout layout and that the detailed designs of the Town Centre intersection treatments be submitted for the Committee’s endorsement at a future meeting.

TD4 - Edmondson Park High School – Proposed Transport Infrastructure Facilities

The SINSW (School Infrastructure NSW) has lodged a State Significant Development application for a new Edmondson Park Public High School (Ref. SSD-62028458). The subject school is located on Buchan Avenue, Edmondson Park, adjacent to the recently opened Edmondson Park Public primary School.

As part of the school application assessment, the SINSW has identified additional pedestrian crossing facilities, new bus zone, kiss and ride zone, as well as the proposed roundabout at the intersection of Buchan Avenue/East Road.

Recommendation - The Committee noted that a meeting would be organised with Council, SINSW and TfNSW for its comments to be provided. Detailed design of the facilities to be submitted to a future meeting for the Committees consideration.

General Business Items

Comments on the General Business Items with recommended actions are as follows:

GB1 - Market Street, Moorebank – Request to close the street at its intersection with Church Street

The Committee noted that Council would carry out heavy vehicle classification, identify options to enforce the applicable load limit such as installation of height limiters on the approaches and a review of the existing local area traffic management plan for the precinct.

Once completed, the review could be presented at a future Committee meeting.

GB2 – Reilly Street, Congressional Drive and the Hume Highway Signalised Intersection, Liverpool – Request for a pram ramp

The Committee noted that a consultant has been engaged to prepare a design for a signalised crossing with supporting information across the Hume Highway northern approach.

An update on the installation would be provided to the Committee at a future meeting.

GB3 - Woodbrook Road, Casula – Update on Road Reopening

The Committee noted that construction works for the Woodbrook Road reopening has been completed and has been reopened to traffic on 11 October 2023.

Councillor Harle requested that whilst the road has been reopened, Council needs to investigate, formalise and construct paved footpaths from the Casula station through the Carol Park to improve pedestrian access to the station.

Community consultation is to be carried out to seek community input for the pedestrian improvement work.

GB4 - Grove Street, Casula - Update of Road Closure

The Committee noted that the road closure requires the submission of a Traffic Management Plan to TfNSW for its approval. The TMP has been submitted and Council is waiting for TfNSW response.

GB5 – Kingsford Smith Avenue, Middleton Grange – New Childcare Centre – Request for Pedestrian Crossing

The Committee noted that the development would not generate significant pedestrian movement across Kingsford Smith Avenue to warrant the installation of a pedestrian crossing. Hence, the proposed pedestrian crossing is not recommended.

GB6 – Southern Cross Avenue and Bolac Avenue intersection, Austral – Request for priority line marking

The Committee supported installation of 15m double barrier line markings on all approaches at the intersection. Council would organise for the line marking to be installed.

GB7 – Bus Route 861 – Rerouting during road constructions

The Committee noted that Transit Systems would review and provide an update to Council on rerouting of bus route 861 during road works in Austral.

GB8 – Traffic conditions around Miller Square

The Committee noted that Council would investigate whether changes are required to the existing parking restrictions around Miller Central. If required, approval would be sought under delegated authority for changes to be implemented and the member would be further advised.

GB9 – Parking at the Busby Fire Station construction site on Cartwright Avenue

The Committee noted that Council’s Compliance Officers would be requested to enforce the No Parking restriction. Council would discuss with the building contractor and assess whether a work zone is required, and the member would be further advised.

GB10 - Clarification of the bus stop at the corner of Wanganella Street and Cabramatta Avenue

The Committee noted that Transit Systems will be requested to signpost the stop appropriately.

GB11 – Request to update bus stop signs in Miller

The Committee noted that Council will request Transit Systems to sign post the stop appropriately.

GB12 – Traffic signal phasing along Elizabeth Drive, Hoxton Park Road and Cowpasture Road

The Committee noted that Council will request TfNSW to review the traffic signal phasings along the three roads at the above-mentioned intersections and to provide advice to Council with a copy to the Local Member’s office.

GB13 – Camden Valley Way and Bernera Road – Lack of Street Lighting

The Committee noted that Council will request TfNSW to investigate the request for street lighting at the intersection and provide advice to Council on the timing for installation.

GB14 – 43 Feodore Drive, Cecil Hills – Request for relocation of existing bus stop

The Committee noted that Council has requested Transit Systems to investigate and advice whether the proposed bus stop relocation is possible and for further advice to be provides at the next scheduled Committee Meeting.

GB15 – Maxwells Avenue, Ashcroft - Speeding Concerns

The Committee noted that Council would investigate and consult the Police about the cause of the crash and if required, possible treatment solution.

In addition, Council would nominate Maxwells Avenue for TfNSW to consider the use of mobile speed camera along the road to remind drivers of the applicable speed limit and to reduce speeding and antisocial driving behaviour.

FINANCIAL IMPLICATIONS

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

Item	Description	Funding, Indicative Cost and Timing
1	North Liverpool Road and Wilson Road Intersection, Green Valley – Proposed Intersection Modification	Funding – Federal Blackspot Improvement Program Indicative Cost – $60,000 Timing – May 2024
2	South Liverpool Road and St Johns Road Intersection, Busby – Proposed Intersection Modification	Funding – Federal Blackspot Improvement Program Indicative Cost – $40,000 Timing – May 2024
3	South Liverpool Road and Whitford Road Intersection, Green Valley – Proposed Intersection Modification	Funding – Federal Blackspot Improvement Program Indicative Cost – $60,000 Timing – May 2024
4	Cartwright Avenue, Heckenberg Avenue and Busby Road, Miller – Roundabout Modification	Funding – Council’s Capital Budget Program Indicative Cost – $40,000 Timing – Subject to funding allocation
5	General Boulevard, Edmondson Park – Proposed Raised Pedestrian Crossing	Funding – Developer (Frasers). No cost to Council. Timing – Dependent on the developer’s construction program.
6	Kingsford Smith Avenue Intersection, Middleton Grange – Proposed Intersection Improvements at Fifteenth Avenue and Second Avenue Intersection and Flynn Avenue and Kingsford Smith Avenue Intersection	Funding – Council’s Capital Budget Program Indicative Cost – Cost estimate to be prepared as part of detailed design. Timing – Subject to funding allocation
7	Edmondson Avenue Special Event	Funding – Developer. No cost to Council
8	Sadlier Avenue, Heckenberg – Proposed Traffic Calming Devices	Funding – Council’s Capital Budget Indicative Cost – Cost estimate to be prepared as part of the detailed design. Timing – Subject to funding allocation
9	Dates for next year LTC Meeting	Nil
10	Items Approved Under Delegated Authority	Funding – TfNSW block grant to Council Indicative Cost – $10,000 Timing – December 2023

CONSIDERATIONS

Economic	There are no economic considerations.
Environment	Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options. Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues.
Social	There are no social and cultural considerations.
Legislative	NSW Roads Act 1993 and Traffic Management Act.
Risk	The risk is deemed to be Low.

ATTACHMENTS

1. Attachment Booklet - Liverpool LGA Nov 2023 LTC Minutes (Under separate cover)

2. Minutes - Liverpool Local Traffic Committee Meeting - November 2023 (Under separate cover)

	Page No
CONF 01 Minutes of the Liverpool Heritage Advisory Committee Meeting of 18 September 2023 Reason: Item CONF 01 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).	1028
CONF 02 Liverpool Civic Place Tender ST3279 Tendering Civic Place Facilities Management Reason: Item CONF 02 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.	1034
CONF 03 Fire and Rescue NSW Referrals Reason: Item CONF 03 is confidential pursuant to the provisions of s10A(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.	1041
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.	1051
CONF 05 Transfer/Dedication to Council as Public Road - Lots 60 and 61 in DP 1284972 Moorebank Avenue, Moorebank Reason: Item CONF 05 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.	1106
CONF 06 Minutes of the Liverpool Youth Council meeting held on 24 October 2023 Reason: Item CONF 06 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).	1112
CONF 07 Hammondville Precinct 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.	1123
CONF 08 Civic Place – Early Education and Care (To be provided in a confidential addendum book)	Confidential Addendum book 5

0
MAYOR 01	Planning, Housing and Urban Development
Attachment 1	Response letter to Minister Scully - Medium Density Land

0
PLAN 03	Development Assessment Policy
Attachment 1	Draft - Development Assessment Policy

0
CFD 01	Review of the City Development Fund Policy
Attachment 1	City Development Fund Policy 2023

0
PLAN 05	Post exhibition report- Renaming street sections Southern Cross Avenue/Seventeenth Avenue East and Hall Circuit, Middleton Grange
Attachment 2	Combined Objections Middleton Grange

0
PLAN 05	Post exhibition report- Renaming street sections Southern Cross Avenue/Seventeenth Avenue East and Hall Circuit, Middleton Grange
Attachment 3	Combined Street Name Votes Middleton Grange

Strategic Objective	Evolving, Prosperous, Innovative Market Liverpool as a business destination and attract investment
File Ref	385973.2023
Report By	Susana Freitas - Visitor Economy Officer
Approved By	Shayne Mallard - Director City Futures

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Facilitate economic development. Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

Strategic Objective	Evolving, Prosperous, Innovative Maintain strong relationships with agencies, stakeholders and businesses to achieve beneficial outcomes for the city
File Ref	395258.2023
Report By	Susana Freitas - Visitor Economy Officer
Approved By	Shayne Mallard - Director City Futures

Economic	Facilitate economic development. Facilitate the development of new tourism based on local attractions. Culture and creative industries.
Environment	There are no environmental and sustainability considerations.
Social	Provide cultural centres and activities for the enjoyment of the arts.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Facilitate the development of community leaders.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

0
CTTE 02	Minutes of the Tourism and CBD Committee held 31 October 2023
Attachment 1	Minutes of Tourism and CBD Committee 31 October 2023