Agenda of Ordinary Meeting - Wednesday, 28 February 2024

MINUTES OF THE Ordinary Meeting

HELD ON 7 February 2024

PRESENT:

Mayor Ned Mannoun

Councillor Ammoun

Councillor Goodman

Councillor Green

Councillor Hadid

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 Experience & 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 M’Leigh Brunetta, Manager Civic and Executive Services

Ms Susan Ranieri Coordinator Council and Executive Services

Ms Melissa Wray, Councillor Executive and Support Officer

The meeting commenced at 2.01pm

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

The Acknowledgement of Country was read by Uncle Troy Davis, Chairman of Gandangara Local Aboriginal Land Council.

A one minute silence was observed.

PRAYER OF COUNCIL AND AFFIRMATION

The Affirmation of Council and Prayer was read by Pastor Claudio Alosi from Living Grace Christian Church.

NATIONAL ANTHEM

The National Anthem was played at the meeting.

COUNCILLORS ATTENDING REMOTELY

Councillors Kaliyanda and Karnib have requested to attend the meeting via MS Teams

Motion: Moved: Mayor Mannoun Seconded Clr Green

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

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

APOLOGIES

Nil.

RECESS

Mayor Mannoun called a recess at 2.11pm.

RESUMPTION OF MEETING

The meeting resumed at 2.19pm in Open Session with all Councillors present.

CONDOLENCES

ITEM NO:

COND 01

SUBJECT:

Condolence Motion - Caterina Oliveri (read by Mayor Mannoun)

It is with great sadness that I offer my deepest condolences to the family of Mrs Caterina Oliveri.

Mrs Oliveri arrived in Australia with her family in Sydney in 1949. They purchased a small market garden in Allambie Road, Edensor Park, where they all lived and worked the small farm to make ends meet while looking for whatever employment they could find.

In 1954, the family collectively purchased Route 41: Green Valley to/from Liverpool station. In 2014, the family business Interline Bus Services, expanded its offering to Region 2 - servicing the Liverpool, Glenfield, Ingleburn, Bringelly and Hoxton Park regions.

In February, 2021, Interline received its first electric bus – a BCI Citirider E – launched at Leppington Station. It was the first of a fleet of 10 electric buses being delivered in 2021-22, which has increased to 13.

Most recently, Interline Bus Services operated a modern fleet of more than 110 buses from two depots at Macquarie Fields and Leppington across 25 bus routes. On 8 October 2023, however Region 2 has been passed on to Transit Systems with Interline us Services to cease trading.

In recognition of Mrs Oliveri’s contribution to our community, I propose that the Liverpool City Council extends our deepest condolences to her family and friends.

May She Rest in Eternal Peace.

ITEM NO:

COND 02

SUBJECT:

Condolence Motion - Antonio Simonetta (read by Mayor Mannoun)

It is with great sadness that I offer my deepest condolences to the family of Mr Antonio Simonetta a respected member of our community and the visionary founder of Perfection Fresh.

Born in Italy, he and his family immigrated to Australia in 1955. Mr Simonetta founded Perfection Fresh in 1978, which has grown to become one of Australia’s largest private fresh fruit and vegetable producers, employing around 2,000 people.

Antonio Simonetta was not just an accomplished entrepreneur; he was a local pioneer who transformed the landscape of the Australian fresh produce industry through his dedication and passion. As the founder of Perfection Fresh, he played a pivotal role in shaping the company into a leading force, known for its commitment to quality and excellence for over 40 years.

Beyond his professional achievements, Mr. Simonetta was a generous and community-minded individual, actively engaging in initiatives that enriched the lives of those in Liverpool and beyond. His legacy extends beyond the boundaries of business, touching the hearts of many who were inspired by his leadership and commitment to making a positive impact.

In recognition of Antonio Simonetta's outstanding contributions to our community and the broader Australian business sector, I propose that the Liverpool City Council extends our deepest condolences to his family, friends, and the entire Perfection Fresh community.

May He Rest in Eternal Peace.

COUNCIL DECISION

Moved: Motion: Mayor Mannoun

That the condolence motions be received.

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

A one minute silence was then observed for Mrs Oliveri and Mr Simonetta.

Confirmation of Minutes

Motion: Moved: Clr Hadid Seconded: Clr Macnaught

That the minutes of the Ordinary Meeting held on 13 December 2023 be confirmed as a true record of that meeting.

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

Declarations of Interest

Nil.

Public Forum

Presentation – items not on agenda

1. Ms Judith Arkley addressed Council on the following item:

Item: Nowhere for youth to exercise.

Representation – items on agenda

Mr Carmine Colalillo addressed Council on the following item:

QWN 01 – Question with Notice – Clr Rhodes – Notification of subdivisions resulting in lot sizes greater than 300sqm

ITEM BROUGHT FORWARD

Mayor Mannoun moved that item QWN 01 - Question with Notice - Clr Rhodes - Notification of subdivisions resulting in lot sizes greater than 300sqm be brought forward and dealt with now.

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

ITEM NO: QWN 01

FILE NO: 005126.2024

SUBJECT: Question with Notice - Clr Rhodes - Notification of subdivisions resulting in lot sizes greater than 300sqm

Pursuant to Council’s Community Participation Plan, development applications involving dwelling houses and subdivision resulting in lots greater than 300sqm, are placed on Public Exhibition, whilst subdivision of lots less than 300sqm are not placed on public exhibition.

Please address the following:

1. What was the basis of Council's reasoning that just because the subdivision is greater than 300sqm that there was no reason to inform the community that such a development was proposed which might be right next door to them?

2. Have constituents lost all rights to raise issues of concern about any negative impacts such developments may have on them?

Response (Provided by Planning and Compliance)

Liverpool City Council’s Community Participation Plan 2022 (CPP) adopted by Council at its meeting on December 2022 requires the public exhibition of Development Applications (DAs) for the subdivision of lots less than 300m². If a DA is lodged, the information will be placed on Councils website, and letters sent to adjoining landowners and occupiers in accordance with Figure 2 from the CPP.

A map of a neighborhood

Description automatically generated

However, the CPP does not require the public exhibition of DAs for dwelling houses (including alterations and additions to an existing dwelling house), or DAs for subdivisions resulting in lots greater than 300m².

The subdivision of lots greater than 300m² typically have less of an impact on neighbouring properties compared to smaller lot subdivisions (i.e. less than 300m²). Part of the reason for this is that smaller lots typically contain development with smaller setbacks and greater

potential for visual, privacy or overshadowing impacts. Conversely, larger lots typically allow for more flexibility in design, which helps address privacy and amenity concerns.

The CPP sets out the parameters for how Council will engage with the community across all planning functions. The type of engagement is dependent on the scale and impact of the proposed development.

If a development type is considered to have limited impact on local amenity, infrastructure and environmental issues (e.g. a swimming pool, dwelling house, subdivisions greater than 300m²), the proposal is not notified to neighbouring properties. Necessitating formal notification of neighbouring properties for less significant development proposals is likely to result in increased DA approval timeframes, as well as increased costs for DA assessment.

COUNCIL DECISIONDECISION

Motion: Moved: Clr Rhodes Seconded: Clr Kaliyanda

That:

1. Council take this item to a Governance Committee before the end of March 2024 so that Council can give this the attention it deserves to make sure that people are being given equal rights and are not being discriminated based on the size of the lots being subdivided in regards to Community Participation Plan 2022 with the intention of fairer notification for all residents.

2. Further information is provided on State Government process as it relates to Council process.

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

Councillors voted unanimously for this motion.

mayoral minutes

ITEM: MAYOR 01

SUBJECT: clr Mazhar Hadid OAM

REPORT OF: Mayor Ned Mannoun

I am delighted to bring before the Council a Mayoral Minute to extend our heartfelt congratulations to Councillor Mazhar Hadid OAM on being awarded the Order of Australia Medal. This prestigious honour is a testament to Councillor Hadid's outstanding service and dedication to our community.

Councillor Hadid has consistently demonstrated exceptional leadership, commitment, and passion in serving the residents of Liverpool.

The Order of Australia Medal is a symbol of Councillor Hadid's unwavering commitment to public service and his significant impact on the lives of those within Liverpool. His exemplary leadership and dedication to community welfare make him a role model for us all.

Councillor Mazhar Hadid has served as a Councillor in Liverpool City Council since 2008 including periods as the Deputy Mayor from 2012 to 2014 and 2020 to 2021. Councillor Hadid was a co-founder of the Australian Islamic House in 1992 and has served as its president since 2010.

I invite my fellow councillors to join me in expressing our admiration and appreciation for Councillor Mazhar Hadid's outstanding service to Liverpool. May this recognition inspire us all to continue working towards the betterment of our community.

COUNCIL DECISION

Motion Moved: Mayor Mannoun

That the recommendation be adopted.

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

ITEM: MAYOR 02

SUBJECT: Congratulating Ms Sonia Marshall on her appointment as the new Chief Executive of the South Western Sydney Local Health District

REPORT OF: Mayor Ned Mannoun

It is with great delight that I congratulate Ms. Sonia Marshall on her appointment as the Chief Executive of the South Western Sydney Local Health District. Ms. Marshall brings a wealth of experience to this position, notably serving as the Executive Director of Nursing and Midwifery Services for seven years.

Her leadership, particularly in advancing nursing and midwifery services, has set a high standard for healthcare excellence. We are confident that her skills and commitment will significantly benefit the South Western Sydney Local Health District and, by extension, our community. We look forward to witnessing the positive impact she will undoubtedly make in her new role and maintaining our enduring support for our Local Health District.

RECOMMENDATION:

That Council:

1. Writes to Ms Marshall, extending our congratulations on her appointment as Chief Executive of the South Western Sydney Local Health District; and

Requests a meeting with Ms Marshall to discuss her vision for the South Western Sydney Local Health District and health in South West Sydney.

COUNCIL DECISION:

Motion: Moved: Mayor Mannoun Seconded: Clr Macnaught

That Council:

Writes to Ms Marshall, extending our congratulations on her appointment as Chief Executive of the South Western Sydney Local Health District;
Requests a meeting with Ms Marshall to discuss her vision for the South Western Sydney Local Health District and health in South West Sydney; and

Write to the outgoing Chief Executive Officer, Ms Amanda Larkin and thank her for her work over the years that she has put into the position.

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

Councillors voted unanimously for this motion.

ITEM: MAYOR 03

SUBJECT: Australia Day

REPORT OF: Mayor Ned Mannoun

On Australia Day we come together as a nation to celebrate what's great about Australia and being Australian. It's a day to reflect on what we have achieved as a nation.

As other LGA’s turn their back on Australia Day, I believe it is important that we come together and celebrate the sense of a fair go, our democracy, and our freedoms.

At the same time, Australia Day recognises the profound and enduring contributions by our Aboriginal and Torres Strait Islander people, who have been an integral part of this land for over 65,000 years.

In Liverpool at our recent Australia Day celebrations, we welcomed 50 new Australian citizens into our LGA, before celebrating in the quintessential Aussie way – with a Big BBQ, at Bigge Park.

Australia Day celebrations are not exclusive – they are inclusive, and embrace the diverse cultures, traditions, and belief systems that enrich our nation.

Let’s continue to reflect, celebrate, and embrace all people from all walks in Liverpool, whilst working collaboratively to build an even brighter future for all.

I urge the Councillors to support this motion.

RECOMMENDATION:

That Council:

Reaffirm its enduring support for celebrating Australia Day on the 26^th of January, recognising it as a day to pay homage to the contributions of all Australians who have lived, worked, and fought for the values and freedoms we cherish;

Acknowledges the popularity of Australia Day, with thousands of locals actively participating in events organised by Council and community groups; and

Congratulates the 50 new Australians on the 26^th of January, who choose this day to become citizens, symbolising the inclusivity and diversity that thrives in our LGA.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun

That Council:

Reaffirm its enduring support for celebrating Australia Day on the 26^th of January, recognising it as a day to pay homage to the contributions of all Australians who have lived, worked, and fought for the values and freedoms we cherish;

Reaffirms its recognition of the original custodians of the land;

Acknowledges the popularity of Australia Day, with thousands of locals actively participating in events organised by Council and community groups;

Congratulates the 50 new Australians on the 26^th of January, who choose this day to become citizens, symbolising the inclusivity and diversity that thrives in our LGA;

Thanks Council staff for the delivery of 2024 Australia Day activities; and

Puts all effort in to ensure that Australia Day is celebrated on the 26^th of January and is a day that brings us together rather than divides us.

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

Councillors voted unanimously for this motion.

ITEM: MAYOR 04

SUBJECT: Community Forums – November/December 2023

REPORT OF: Mayor Ned Mannoun

Late last year, Council conducted a series of community forums for the suburbs of Wattle Grove, Hammondville, Carnes Hill, Liverpool, Carnes Hill, Hoxton Park and Prestons. These forums have been about sitting with the community and listening to their concerns, ideas, and suggestions. Understanding the perspectives and experiences on the ground is crucial for effective governance and decision-making.

The significance of these forums lies in their role as a platform for residents to express their thoughts directly to the Council. It’s essential that this listening translates into action. Council is committed to not only hearing but also acting upon the feedback received, ensuring that the community's concerns shape policies and initiatives.

Moving forward, we will continue to value and integrate the insights gained from these forums, working collaboratively to bring about positive change that truly reflects the needs and aspirations of our community.

RECOMMENDATION:

That Council brings a report back to the February Meeting with an update on actions taken on the issues raised at the Community Forums

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.

ITEM: Mayor 05

subject: Austral Cabinet Meeting

REPORT OF: Mayor Ned Mannoun

The status of roads in Austral remains diabolical.

Liverpool is doing the heavy lifting with housing. We are set to host the new International Airport.

We are holding up our end and doing our part – now we need the State Government to do theirs, and invest in infrastructure upgrades to support the ongoing growth and end the traffic debacles in Austral once and for all.

Austral will serve as a key strategic travel corridor for the new International Airport, but at this point in time, it will be nowhere near ready to face the facilitate of the opening in 2026.

We are watching a planning tragedy unfold in front of us in our backyard. Enough is enough. We need the State Government to see what is happening on a daily basis at 15^th Avenue, Edmonston Avenue, Fourth Avenue and Cowpasture Road.

We have a demand for education provision – right now, we have an undersupply of schools. The amenity, maintenance and infrastructure surrounding the Western Sydney Parklands is dangerous and unsustainable.

I would like to invite the Premier and his Cabinet to Austral on a weekday morning at their earliest convenience to witness the seriousness of the traffic and undersupply of infrastructure in the West side of our LGA.

RECOMMENDATION:

That Council writes to the Premier Chris Minns and invites the NSW Cabinet as well as Member for Leppington Nathan Hagarty MP to a site visit in Austral to witness the seriousness of the traffic and critical undersupply of infrastructure and education, noting the role that the suburb of Austral is playing in tackling the housing crisis and providing a travel corridor to the new International Airport.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun

That the recommendation be adopted.

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

Notices of Motion Of Rescission

ITEM NO: NOMR 01

FILE NO: 001304.2024

SUBJECT: Rescission of CONF 07 - Hammondville Precinct from the Council meeting of 13 December 2023

NOTICE OF MOTION OF RESCISSION

(submitted by Clrs Green, Kaliyanda and Harle)

We the undersigned move a rescission motion to rescind item CONF 07 – Hammondville Precinct (as shown below) that was passed at the Ordinary Council Meeting held on Wednesday 13 December 2023.

That Council:

1. Agrees to sell proposed Lot 101 and proposed Lot 102 in proposed subdivision of Lot 10 in DP 1162812 to Moorebank Sports Club for the amount specified in the Confidential report provided Council retains access rights and provision of car parking as outlined in the report;

2. Authorises the CEO to complete all documentation necessary to give effect to the sale;

3. Conducts community consultation after Australia Day for three (3) weeks with the results presented back to the 28 February 2024 Council meeting;

4. Include in the report the history of this matter;

5. Create an internally restricted reserve titled the Hammondville Pool and Precinct Reserve for the funds to go into;

6. Seeks assistance from the State Government to fund this project; and

7. Keeps confidential this report pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

Should the rescission motion be adopted we give notice that it is our intention to move the following motion:

That Council:

1. Notes the report.

2. Defers sale of proposed Lot 101 and proposed Lot 102 in proposed subdivision of Lot 10 in DP 1162812 until extensive community consultation has been completed.

3. Undertakes extensive community consultation immediately following the Australia Day public holiday, and promotes the consultation across all channels, including by:

· Direct mail to residents across Liverpool LGA

· Council’s social media and website

· Liverpool Listens

· Electronic signage at key locations

Councillors debated the proposed motion should the Rescission Motion be adopted as it did not state a funding source. The amended proposed motion, should the Rescission Motion be adopted, is shown below:

That Council:

Notes the report.

Defers sale of proposed Lot 101 and proposed Lot 102 in proposed subdivision of Lot 10 in DP 1162812 until extensive community consultation has been completed.

Undertakes extensive community consultation immediately following the Australia Day public holiday, and promotes the consultation across all channels, including by:

· Direct Mail (personalised to ratepayers) to all South Ward suburbs of Liverpool and also include Chipping Norton

· Mail out (unaddressed to residents) to all South Ward suburbs of Liverpool and also include Chipping Norton

· Council’s social media and website

· Liverpool Listens

· Electronic signage at key locations

4. The funding source of approximately $90,000 to come from the General Funds.

Clr Hadid left the Chambers at 3:34pm.

Clr Hadid returned to the Chambers at 3:35pm.

Clr Hadid left the Chambers at 3:39pm.

Clr Hadid returned to the Chambers at 3:41pm.

Councillors then voted on the Rescission Motion as shown below:

COUNCIL DECISION

Motion: Moved: Clr Green Seconded: Clr Harle

That the Rescission Motion be adopted.

On being put to the meeting the Rescission Motion was declared LOST.

Vote for (the Rescission Motion)

Clr Green, Clr Harle, Clr Kaliyanda and Clr Karnib

Vote against (the Rescission Motion)

Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Hadid, Clr Macnaught and Clr Rhodes

Note: Clr Hadid wanted it noted that he voted against the Rescission Motion due to the validity of the motion.

Mayor Mannoun then moved the following motion:

COUNCIL DECISION:

Motion: Moved: Mayor Mannoun Seconded: Clr Ammoun

That Council:

1. Receive and notes the chronology of the events and community consultation for Hammondville (since 2014);

2. Allocate a budget of $50,000 from general funds to facilitate extensive community consultation to include direct mail, VMS signs, social media campaign and Liverpool Listens and for the outcome to be reported back to the March 2024 Council meeting in lieu of the February meeting; and

Highlights the final decision rests with Council for authorising the CEO to execute the Contract for Sale of land, prior to exchange of Contracts.

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

Councillors voted unanimously for the motion.

CHRONOLOGY OF EVENTS AND COMMUNITY CONSULTATION FOR HAMMONDVILLE

16 December 2014 Council resolved to commence the process of reclassification of part of the site to identify alternate uses.

24 March 2015 Council resolved to commence the process of rezoning the site for part use as “Hammondville Park” including going to public exhibition. It was noted that Moorebank Sports Club may be interested in buying or leasing part of the land. Part of the rezoning process would include community consultation via public exhibition:

- Advertisements in local newspapers;

- Advertisements on council’s websites; and exhibitions in various libraries throughout LGA

17 June 2015 Council resolved to endorse the draft planning proposal for rezoning and submit for Gateway approval. Subject to Gateway approval, Council would proceed with public exhibition.

29 August 2018 Council resolved to amend the draft planning proposal to allow for collaboration with Moorebank Sports Club.

24 September 2015 Gateway determination achieved.

2018 An MOU was signed with Moorebank Sports Club to investigate synergies between the potential growth of the club and Council’s desire to deliver integrated community facilities to benefit the community.

21 November 2018 The planning proposal was placed on public exhibition from 21 November 2018 – 21 December 2018. Methods used included notices on the council website and in the Liverpool leader, letters to neighbouring land owners and occupiers, and posters in Council’s administration centre and Moorebank library.

31 January 2019 A public hearing was held in Liverpool city library presided by an independent facilitator. Council engaged JOC consulting to facilitate the hearing and prepare a report.

27 February 2019 Council resolved to move forward the planning proposal following public exhibition and community consultation.

29 April 2020 Based on draft concept plans, Council resolved to approve the development of a masterplan for Hammondville Park to enable the creation of a leisure precinct and direct the CEO to provide sufficient funds for the proposed masterplan works.

2021 Council conducted a review of the provision of aquatic and leisure projects across the LGA. The report, presented by Warren Green Consultancy supported the principles of Council’s plans for Aquatic Centre development. The report highlighted the growing community demand and benefits, which are expected to increase as the population expands, advocating for the development of Aquatic Centres across the LGA inclusive of provisions in the Holsworthy/Hammondville area.

2 February 2022 Council adopted a 100 Day Plan including moving forward the development application for swimming pools at Carnes Hill and Hammondville.

June 2023 Council resolved to commence community and stakeholder consultation on the notion of an integrated aquatic centre in the precinct based on conceptual work conducted by Council officers following the 2020 and 2022 Council resolutions.

From June to September 2023,

Council undertook consultation with key internal and external stakeholders to validate the options and broader masterplan inclusions before a final draft was presented to Council in October 2023. The Consultation included:

- Project roadshow - with opportunity to provide thoughts, feedback and comments.

- On line information - Liverpool council website Have Your Say page with a survey and FAQS.

- Facebook posts directing to surveys.

- Notification to adjoining residents

- Wider resident consultation.

- Sessions with current users and sporting clubs and groups.

- Sessions with potential future user groups and community groups.

The masterplan phase of consultation consisted of an online survey, a drop-in session, and a social pinpoint map available for community comment between 29 August – 22 September 2023. The engagement methods sought to identify community values, needs and aspirations for the new precinct, to help inform drafting of the master plan for the site.

The community and key stakeholders were encouraged to have their say and help shape the future of this important space, by providing feedback through one or more of the diverse and accessible range of engagement methods, including:

· Community Pop-Up; hosted alongside Council’s Wattle Grove Community Day on 5 August 2023.

· Online Survey; aimed at capturing an understanding of what the community prioritised in the space

· Online Interactive Map; designed to capture an understanding of what community values and identify for improvement on the current site

· Online Submissions; to capture detailed and nuanced feedback

· Stakeholder Interviews; to engage with those stakeholders who currently use and neighbour

· Club interviews were conducted to ascertain specific issues impacting user groups.

In total, the engagement captured over 450 ideas, comments, and feedback from local community members who were excited to see the project reshape the community and respond to some key recreational needs.

A second phase of engagement followed for community feedback on the draft master plan and Plan of Management:

· The Hammondville Draft Plan of Management has been on public exhibition on the Liverpool Listens page on council’s website since 24 November 2023.

· There is a survey attached to the exhibition seeking community feedback which remained open until 16 January 2024.

· Council also held a public meeting on the Hammondville Draft Plan of Management on December 11 at the Moorebank Community Centre.

Any further actions beyond this point to be confirmed.

RECESS

Mayor Mannoun called at recess at 4.02pm.

RESUMPTION OF MEETING

Clr Macnaught, as the Deputy Mayor, resumed the meeting at 4.27pm in Open Session with all Councillors present except Mayor Mannoun and Clr Kaliyanda.

Ordinary Meeting

28 February 2024

Planning & Compliance Report

PLAN 02

Draft Principal Planning Proposal to establish a new Liverpool Local Environmental Plan

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	423629.2023
Report By	Nancy-Leigh Norris - Executive Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

At its Ordinary Meeting of Council on 2 February 2022, Council endorsed their commitment to “Start the process to create a new Liverpool LEP as a matter of urgency”. Since this Resolution of Council, significant work has been undertaken to prepare the Principal Planning Proposal (Attachment 1). This includes Councillor workshops, preliminary engagement with the community, stakeholders and the development industry, as well as additional investigations such as design and feasibility testing to support the new Local Environmental Plan (LEP).

The primary objective of the Principal Planning Proposal is to establish a new Liverpool Local Environmental Plan, in alignment with the strategic vision of the Western City District Plan (District Plan) and Liverpool’s Local Strategic Planning Statement (LSPS) ‘Connected Liverpool 2040’. This takes into account numerous short and medium term actions within Liverpool’s Land Use Strategies (i.e. Local Housing Strategy, Centres and Corridors Strategy, and Industrial and Employment Lands Strategy).

The new LEP has been informed by community consultation, which occurred during the development of the LSPS and land use strategies listed above, as well as early community engagement conducted as part of the LEP Review process.

The new LEP considers the current planning context of the broader Liverpool LGA, such as the:

· extensive controls introduced by Amendment 52 to enable the development of Sydney’s third CBD in the Liverpool City Centre;

· significant growth of the greenfield areas such as Austral, Leppington North and Edmondson Park; and

· need for housing diversity within suburban areas to assist with affordability.

The new LEP proposes varying land use zones, development standards and local provision clauses in comparison to the LLEP 2008. This includes changes relating to Residential, Commercial, Industrial, Environmental, Recreational and Infrastructure zoned land, as well as miscellaneous and housekeeping matters. It is noted that certain aspects of the LLEP 2008 are intended to be transferred into the new LEP. The key differences in comparison to the LLEP 2008 are noted within this Report.

Recommendations for the new LEP has been informed by additional investigations by Mecone, Smith & Tzannes, and Atlas Economics. A Residential Land Investigation (Attachment 2), Commercial Lands Investigation (Attachment 3) and Industrial Lands Investigation (Attachment 4) were conducted to review the impacts of amendments proposed within the exhibited Scoping Report, as well as to provide feasibility and design testing of the proposed changes, and to refine recommendations for development standards under the new LEP.

The Principal Planning Proposal was presented to the Liverpool Local Planning Panel (LPP) on 21 December 2023. The LPP were supportive of the principles for the new LEP, as well as the scoping, consultation and analysis undertaken. Further discussion on the recommendations from the Panel is provided in this Report.

It is recommended that the Principal Planning Proposal is endorsed by Council. Following Council endorsement, the Planning Proposal would then be submitted to the Department of Planning, Housing and Infrastructure (DPHI) for a Gateway determination.

Subject to a favourable Gateway decision, this would enable further community engagement to occur across the Liverpool LGA. The outcomes of further engagement would subsequently be reported to Council prior to finalisation.

RECOMMENDATION

That Council:

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

2. Endorses the Principal Planning Proposal to establish a new Liverpool Local Environmental Plan;

3. Forwards the Principal Planning Proposal to the Department of Planning, Housing and Infrastructure, pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway Determination;

4. Subject to Gateway determination, undertake public exhibition and community consultation in accordance with the conditions of the Gateway determination, the Liverpool Community Participation Plan 2022, Local Government Act 1993 and the LEP Review Community Engagement Strategy;

5. Receives a further Report on the outcomes of public exhibition period; and

6. Delegate to the CEO (or delegate) to amend the Principal Planning Proposal and attachments for any typographical and other minor errors / amendments if required.

REPORT

BACKGROUND INFORMATION

Following the establishment of Council’s Local Strategic Planning Statement (LSPS) in 2020, Land Use Strategies and the Phase 1 Liverpool Local Environmental Plan (LEP) Review which occurred from 2018 to 2021, the progression of the Phase 2 LEP Review, has occurred as follows:

· February 2022: Council endorsed their commitment to “Start the process to create a new Liverpool LEP as a matter of urgency”;

· May - June 2022: Councillor bus tour and four workshops to determine the scope and priorities for the new Local Environmental Plan (LEP);

· July 2022: Endorsement of LEP Review Principles by Council;

· August 2022: Endorsement of the LEP Review Scoping Report for public exhibition and agency consultation;

· September - November 2022: Public Exhibition of the LEP Review Scoping Report;

· October 2022: Medium Density Housing Workshop with development industry and stakeholders;

· March 2023: Post-Exhibition Report to Council deferred for further discussion regarding height of buildings for commercial areas;

· April 2023: Post-Exhibition Report to Council detailing outcomes of the exhibition period;

· February - August 2023: Procurement processes to engage a Consultant to undertake additional investigations to support the Planning Proposal;

· August - November 2023: Additional investigations including yield, feasibility and design testing undertaken by Mecone, Smith & Tzannes, and Atlas Economics. Refer to the Residential, Commercial and Industrial Lands Investigations at Attachments 2, 3 and 4; and

· November 2023: Preparation of the Principal Planning Proposal and attachments.

· December 2023: Presentation of the Principal Planning Proposal to the Local Planning Panel (LPP). Refer to Attachment 17 for the LPP Report, which includes additional information regarding the outcomes of Mecone’s investigations, including design and feasibility testing.

Refer to Attachment 10 for consolidated Council Reports and Resolutions, which contains detailed background information at each stage of the LEP Review process.

Principal Planning Proposal

The Principal Planning Proposal (Attachment 1) has been prepared in accordance with the DPHI’s Local Environmental Plan Making Guideline. The objectives of the Principal Planning Proposal are to:

1. Establish a new Liverpool Local Environmental Plan, in alignment with the strategic vision of the Western City District Plan (District Plan) and Liverpool LSPS ‘Connected Liverpool 2040’;

2. Implement endorsed Liverpool Land Use Strategy actions; and

3. Repeal the Liverpool Local Environmental Plan 2008 (LLEP 2008).

The intended outcomes of the Principal Planning Proposal are outlined by the LEP Principles for residential, commercial and industrial land, as endorsed by Council at its Ordinary Meeting of Council on 27 July 2022. This is to ensure a consistent approach to land uses within the new LEP. Refer to the Local Planning Panel Report for a summary of the LEP Principles (Attachment 17).

The Planning Proposal justifies the new LEP against all relevant legislation, plans, strategies and Ministerial Directions, and the proposed legislation is shown to have site-specific and strategic merit.

It is recommended that the Planning Proposal be submitted to the Department of Planning, Housing and Infrastructure (DPHI) seeking a Gateway determination, which would enable a formal consultation period to occur for further engagement with the community, industry and stakeholders.

Whilst the Planning Proposal is for a new Liverpool LEP, for the purposes of this Report, the proposed amendments have been detailed in comparison to the LLEP 2008.

Residential Land

The LEP Principles for residential land are focused around locating higher density near centres and transport, enabling a transition between high and medium density zones, encouraging medium-density housing and protecting the character of low-density neighbourhoods.

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Figure 1 - Five Priorities for Residential Land (Exhibited Material)

A summary of the proposed changes is provided below. For a detailed explanation of the new provisions, refer to Attachment 1 ‘Principal Planning Proposal’ or Attachment 17 ‘Local Planning Panel Report’.

Mecone’s Residential Lands Investigation at Attachment 2 also details the findings of the design and feasibility testing of the proposed amendments. The LEP currently has a latent capacity of 31,825 new residential dwellings. The new LEP will enable capacity for 41,250 new residential dwellings within the LEP application area (p88 Attachment 2). It is noted this figure includes a ‘loss’ of 7,450 dwellings which is no longer proposed as part of the LEP Review (details in low density section below).

High Density Residential Summary

· Height of Buildings of R4 High Density Residential land is to be lowered to 12m (as per the Scoping Report). This is to occur in Moorebank (currently 12m, 15m and 18m), Casula (currently 12m, 15m and 18m), Green Valley (currently 12m and 15m), and Ashcroft (currently 18m). This is to enable a three-storey built form in suburban areas.

· The new LEP will include exceptions to the 12m Height of Building limit, including in Liverpool (12m-77m), Warwick Farm (21m-35m), Miller and surrounding Busby/Sadlier (15m-21m), Edmondson Park (15m-21m), Lurnea and Cartwright (12m-18m).

· Floor Space Ratio of 0.9:1 is proposed to all R4 High Density and R1 General Residential land with a HOB of 12m (increased from 0.75:1 under the LLEP 2008), in accordance with Mecone’s recommendations.

· Apply the R4 High Density Residential zone to ‘Edmondson Park Villages’ (currently R3), as per the Scoping Report, to reflect their intended use for shop top housing.

· Apply the R3 Medium Density Residential zone to certain R4 High Density Residential land where interface issues would occur. This is proposed for certain land in Liverpool, Casula, Green Valley, Lurnea and Cartwright (as per Scoping Report).

· Apply the R3 Medium Density Residential zone to certain R4 land in Ashcroft and Chipping Norton (as per Scoping Report) to limit out of centre development which doesn’t align with the infrastructure of the area.

Medium Density Residential Summary

· The new LEP will continue to permit dwelling houses, semi-detached dwellings, attached dwellings and multi dwelling housing. It is proposed that dual occupancies are included as permissible uses in the R1 and R3 zones, with a lot size requirement of 550sqm (overriding the Complying Development size of 400sqm). This still allows for approximately 60% of lots within the R3 zone to undertake Complying Development.

· Additional R3 zoned land is proposed to a certain part of Chipping Norton, in the vicinity of the Local Centre.

· A 9m Height of Building is proposed to align with SEPP (Exempt and Complying Development Codes) 2008. This would enable two-storey built form, potentially with a third storey attic space.

· As recommended by Mecone, a nil FSR is proposed for the R3 zone. This will recognise the diversity in FSR which can be achieved depending on the type of housing, and assist in improving feasibility of different dwelling types. Guidance on FSR can be provided in a DCP. In lieu of the FSR standard, it is proposed that a 25% site landscaping standard is applied to control building footprint and reinforce the value of permeable ground for landscaping.

· A 200sqm lot size for Torrens Title subdivision is proposed to encourage redevelopment of single sites. No size limit is proposed for strata subdivision.

· Recent development within the R3 zone is mainly new single dwellings, and this is a significant constraint in the delivery and feasibility of medium-density housing. Therefore, a minimum lot size of 400sqm is proposed in the R3 zone for new single dwellings. This will deter from the development of single dwellings in medium-density areas, resulting in improved housing diversity and choice.

· Design testing found that corner sites and block ends (see Figure 2) can be amalgamated to facilitate mid-rise medium density forms, such as terraces and/or small scale apartments. The new LEP is proposed to include a bonus provision, which enables 11.5m HOB, 10% landscaping, and additional permitted use of Residential Flat Buildings, where amalgamation occurs resulting in 25m frontages to each street, and a minimum of 1,000sqm. This would enable three-storey built form, and is subject to a Development Control Plan.

· A summary of medium density development standards is provided in Table 1:

Table 1: Proposed Medium Density Development Standards in comparison to LLEP 2008

Development Standards	LLEP 2008	New LEP
Height of Building	8.5m	9m
Floor Space Ratio	Generally 0.55:1	Nil
Landscaping	Nil	25%
Lot Size Medium Density (Torrens)	Generally 250sqm	200sqm
Lot Size Single Dwellings	300sqm	400sqm
Corner / End Block Sites	Nil	Bonus provisions for amalgamation

· Mecone provided recommended controls for a supporting Development Control Plan for these medium-density uses. It is anticipated a supporting DCP amendment will be exhibited as part of the Planning Proposal, however will be subject to the outcomes of the DPHI Gateway process. Refer to p75-78 of Attachment 2.

· It is noted that the complex ‘Area 1, 2, 3’ provisions are proposed to be removed from the LEP. A two year savings provision is proposed for the R1 General Residential zoned areas of Middleton Grange and Edmondson Park, as a small quantity of remaining development is still utilising these provisions.

Figure 2: Examples of Corner and End Blocks (Mecone 2023)

Low Density Residential Summary

· As per the Scoping Report, the R2 Low Density Residential zone is to apply to certain areas currently zoned R3 or R4, to reflect their current and likely future low-density character. This is proposed in Wattle Grove, Carnes Hill, Moorebank, Prestons, Cecil Hills and Hinchinbrook.

· The zone will continue to permit dwelling houses, semi-detached dwellings and attached dwellings (similar built form to dual occupancies and terraces) within this zone. Dual Occupancy and Multi Dwelling Housing is not proposed within this zone, as Complying Development pathways are not appropriate in low density areas where there is poor infrastructure provision and sensitive local constraints. Shop top housing and neighbourhood shops are proposed to deliver minor retail in these ‘retail cold spots’.

· A Minimum Lot Size of 400sqm (for new single dwellings) is generally proposed for the R2 zone (generally 300sqm under the LLEP 2008). Where certain areas contain alternative lot sizes under the LLEP 2008 (e.g. Warwick Farm, Hoxton Park have 450sqm), these are to be retained.

· Semi-detached and attached dwellings in R2 Low Density zones are proposed to retain the 300sqm lot size requirement. This means that these low scale, medium-density uses can continue on 300sqm lots (i.e. a 600sqm lot can undertake a semi-detached DA). This has been proposed following Mecone’s investigations, and will overcome the ‘loss’ of 7,450 dwellings (Attachment 2, p49) factored in Mecone’s assessment of the lot size change above.

· The height of building control is to remain at 8.5m, and Floor Space Ratio of generally 0.5:1 for this zone. This is a two-storey built form.

Commercial Land – Liverpool City Centre

In relation to activating the Liverpool City Centre in a post-Covid economy, the following amendments are proposed to Clause 7.5A (which enables a bonus height and floor space ratio to certain developments in the City Centre):

· Reduced Commercial Gross Floor Area (GFA): Reduction of 20% GFA requirement for commercial uses to minimum of 15% GFA, to achieve the bonus development standards. The market can still exceed the 15% requirement if demand is present.

· Inclusion of Build to Rent: Introduction of Build to Rent (BTR) to be classified as a ‘commercial use’, to achieve the bonus development standards as per this clause.

· Clause 4.6 Variation: Removal of this Clause as a prohibition of Cl. 4.6 Exception to Development Standards, to enable flexibility where minor variations can be accommodated to the site size and street frontage requirements specifically.

· New Area for Liverpool Hospital: Expansion of ‘Area 9’ provision to land directly west of the Liverpool Hospital (see Figure 3). This area contains the recently-gazetted Private Hospital, which contains similar development standards as the bonuses within Area 9 (Cl. 7.5A).

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Figure 3: Additional ‘Area 9’ provisions marked in black

Commercial Land – Other Centres

Mecone recommended not to progress with the proposed changes to building heights in centres outside of the Liverpool CBD as it would limit opportunities for sites to renew and provide local employment and enhanced retail opportunities. Despite this, in accordance with Council’s previous resolutions and the 100-day Plan, a reduction in the Height of Buildings (HOB) to certain commercial centres is proposed. Mecone provided the following recommendation if the height reduction is to proceed:

If Council wishes to progress the proposed reduction in building height, then:

a. For centres where a 10m height is proposed, the height should be increased to 11.5 or 12m to better accommodate three (3) storeys and a FSR of 1.3:1 adopted.

b. For centres where a 12m height is proposed, a FSR of 1.3:1 should be adopted.

c. For centres where a 15m height is proposed, a FSR of 1.4:1 should be adopted.

Therefore, most commercial centres and corridors are to generally apply the development standards of 12m HOB and 1.3:1 FSR. Refer to Attachment 8 ‘Comparison to LLEP 2008 Mapping’ for a list of existing and proposed development standards for each centre and corridor in the LEP application area.

These standards would enable a low-rise shop-top housing form which can activate the street frontage with retail and provide opportunities for smaller apartments on the second and third storeys (see Figure 4).

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Figure 4 - Shop-top cross section (Mecone 2023)

The following areas are proposed to be exceptions to the 12m HOB application. These areas are to generally retain existing development standards as per the LLEP 2008 (or will reduce HOB to align with the surrounding high-density area):

· Liverpool City Centre MU1 Mixed Use zone;

· Miller Town Centre;

· Local Centres of Holsworthy and Middleton Grange;

· Warwick Farm Neighbourhood Centres (Goulburn St and Mannix Pde);

· Cartwright Neighbourhood Centre on Hoxton Park Road (reduced HOB to match R4);

· Stand Alone Centres of Flowerdale Road, Casula and Prestons Woolworths on Hume Highway, and Orange Grove;

· Business Corridors of 240 Governor Macquarie Drive, Warwick Farm and 124 & 146 Newbridge Rd, Moorebank; and

· Bulky Goods Centres of Casula Crossroads and Sappho Road Warwick Farm.

Industrial Land

Across the 11 industrial precincts in the LEP application area, the industrial land use zones are to be retained.

Within the Industrial Lands Investigation (Attachment 4), Mecone recommended the consistent application of Nil FSR, as height and setbacks can be used to manage the bulk of proposed development on a site. It also noted that the specification of an FSR, especially a low FSR of 0.75:1 can be a perceived barrier to development. This recommendation has been supported, and Nil FSR is proposed across the Precincts (except Cecil Park, which will retain its FSR and the Nil HOB standards for this site, due to a recent Planning Proposal).

Mecone recommended the consistent application of an 18m HOB to sites currently with 15m HOB, to ensure consistency with the development standards within SEPP (Exempt and Complying Codes) 2008. This means the HOB has been increased within certain parts across nine industrial precincts. The other existing heights under the LEP are proposed to be retained in the new LEP.

Mecone recommended not proceeding with the 1,000sqm lot size for certain industrial land (as per the Scoping Report), as this would lead to further land fragmentation and adverse traffic implications with heavy vehicles being unable to leave the site in a forward direction. Instead, Mecone’s recommendation for a standard 8,000sqm lot size (compared to the existing 2,000sqm) is proposed for all industrial precincts. Strata subdivision would still be permitted, however the increased lot size will retain large floorplates for future development (e.g. multi-storey warehousing which requires large lots).

An additional local provision for 10% landscaping is proposed for industrial development, following the advice of the Local Planning Panel. This aligns with landscaping controls stipulated within the Liverpool Development Control Plan.

Environmental Land

The early community engagement period found that the protection of the environment and management of urban heat were the top priorities for the community. Therefore, the following environmental matters are to be progressed (as per the Scoping Report):

· Terrestrial Biodiversity Map & Clause: A new map and clause will protect native flora and fauna. This will replace the outdated (from pre-1997) Environmentally Significant Land map and clause in the LLEP 2008. The new provisions are informed by the Liverpool Biodiversity Study 2019 (Attachment 11) and would work in the same way as the existing LEP provisions, by restricting Complying Development on the site, to ensure an assessment via a Development Application occurs.

· Environmental Clauses: The new LEP will contain the following new clauses, which will ensure environmentally friendly and sustainable development under the new LEP: Recycled Water, Stormwater and Water Sensitive Urban Design, Waste as essential service, Urban Heat and Landscaping.

Recreation Land

The LLEP 2008 land use zone map has been reviewed to update recreation zones in the new LEP. Updates are generally housekeeping in nature, and include:

· Council Owned Land: Apply the RE1 Public Recreation zone to 363 Council owned sites, which are classified as Community Land (refer to Attachment 12). This will accurately reflect the current and/or intended future use of the site as public open space.

· Pocket Parks: Apply the RE1 Public Recreation zone to certain sites identified as future pocket parks within the Liverpool Public Domain Masterplan (as per Scoping Report).

· Moorebank Voluntary Acquisition Scheme: Apply the RE1 Public Recreation zone to sites acquired by Council under the Scheme along the Georges River.

· Anomalies and errors: Minor amendments to remove the application of the RE1 Public Recreation zone as noted in the Recreation Section of Attachment 8 ‘Comparison to LLEP 2008 Mapping’.

· RE2 Private Recreation: Minor changes are proposed regarding RE2 Private Recreation zoned land, as noted in the Recreation Section of Attachment 8 ‘Comparison to LLEP 2008 Mapping’.

Infrastructure Land

The SP2 Infrastructure zone and Land Reservation Acquisition layer of the LLEP 2008 has been reviewed, to ensure updated provisions under the new LEP. Changes are generally housekeeping in nature and include:

· Land Acquisition Mapping Review: Refer to Attachment 13 ‘Land Acquisition Layer Review’ which identifies all parcels required for land acquisition in the new LEP. Sites which have been acquired by Council or Transport for NSW have been removed from mapping. Acquisition markings yet to be acquired are retained on maps, and new acquisition markings are proposed when required by the land use zone (i.e. RE1 Public Recreation). It is noted that not all existing and proposed marking are mapped within a Contributions Plan, however the Contributions Plan will be reviewed following the LEP, to ensure alignment where needed.

· Endeavor Energy & Sydney Water Sites: In consultation with relevant agencies, 10 Endeavour Energy sites and seven Sydney Water sites are to be zoned SP2 Infrastructure, to reflect their current and future intended uses.

· Council Drainage: 18 Council-owned parcels of land to be rezoned to SP2 Infrastructure (Drainage) as it is used for drainage purposes (refer to Attachment 12).

· Transport for NSW Sites: Additional consultation occurred in early to mid-2023 regarding TfNSW-owned sites. The following land owned by TfNSW and zoned SP2 Infrastructure is requested to be relinquished and rezoned to adjoining land uses (refer to Attachment 8 ‘Comparison to LLEP 2008 Mapping’).

o 27, 29 & 39 Grove St, Casula: TfNSW noted this is surplus land which is no longer required to be acquired as it is outside of their dedicated infrastructure boundary. This land can be rezoned in accordance with the adjoining R2 Low Density Residential land.

o 300-324 Hume Highway, Liverpool: TfNSW noted that this land was surplus to the requirements of the Hume Highway Corridor and have abandoned the upgrade. This land can be rezoned in accordance with the adjoining MU1 Mixed Use land.

Miscellaneous Amendments

The new LEP will include various other changes in comparison to the existing LLEP 2008. This includes the following matters:

· Public Art Clause: The proposed clause would not require consent for public art if the Applicant has notified Council, and Council has advised that it is satisfied the proposed public artwork meets a listed set of requirements (refer to Part E of Attachment 6 ‘Written Instrument Report’).

· Gateway Site Clause: As requested by Council in their workshops, a Gateway Site clause is proposed to ensure high quality architectural design on certain key sites identified on main roads leading into the Liverpool City Centre. Refer to Part of Attachment 8 ‘Comparison to LLEP 2008 Mapping’.

· Airport Noise Maps: The LLEP 2008 contains Australian Noise Exposure Concept (ANEC) mapping for the Western Sydney International (Nancy-Bird Walton) Airport and the Bankstown Airport. The new LEP is to contain updated Australian Noise Exposure Forecasted (ANEF) mapping which is the more accurate mapping standard.

· Land Use Tables: Additional permissible uses in accordance with the nature of land use zones. Refer to Attachment 17 ‘LPP Report’ for a summary.

· Other housekeeping matters: Review of clauses and maps across the LLEP 2008 and remove redundant clauses, including where development has occurred and provisions are no longer required, updates to Key Site Maps to correct errors and boundaries etc.

Local Planning Panel Comments

The Planning Proposal was presented to the Liverpool Local Planning Panel (LPP) on 21 December 2023. The LPP were supportive of the scoping, consultation, analysis and principles undertaken for the new LEP. Refer to the LPP Report and Minutes at Attachment 17. The following comments were provided:

· Reconsider the Nil FSR for the R3 zone, to ensure size and bulk of buildings is considered. Undertake design modelling of potential outcomes, to ensure medium density and Residential Flat Buildings (RFB’s) are designed comfortably within height and setback controls. Additionally, consider a minimum lot size for RFB’s in the R3 zone.

o Council Response: The proposed permissibility of RFB’s across the R3 Medium Density Zone (as per Mecone’s Report) has been refined following the Panel’s advice. RFB’s in the R3 zone are now proposed as part of the bonus provision for corner and end-block sites only, and would require a minimum lot size of 1,000sqm.

Additionally, a supporting DCP would include guidance on suitable FSR based on the development type (e.g. semi-detached vs multi-dwellings) and the lot type (e.g. mid-block vs end-block sites). This ensures a flexible approach based on the specific circumstance of development. Further testing and consultation will occur regarding future DCP controls to support the new LEP.

· Recommend undertaking modelling of potential built forms under the proposed HOB and FSR in the R4 zone, to ensure compatibility of development standards.

o Council Response: This was undertaken as part of Mecone’s Residential Lands Investigation. Refer to Attachment 2 of this report.

· Reconsider whether the proposed 9m and 12m HOB’s align with the anticipated number of storeys, to reduce clause 4.6 variations.

o Council Response: The Planning Proposal has been amended following LPP’s advice to clarify that 9m in the R3 zone is to enable two-storey built form (with potential attic space), where as 11.5m in the R3 zone (corner and end block sites) and 12m in the R4 zone are to enable three-storey built forms. Future supporting DCP’s will also provide further design guidance.

· Supportive of the 8,000sqm lot size for industrial development and the retention of the ‘closed’ land use industrial zones. A minimum landscape and/or site cover for industrial development in the LEP is recommended.

o Council Response: A minimum of 10% (as per the existing DCP) is proposed in the new LEP.

Next Steps

Following endorsement by Council, the Principal Planning Proposal would be submitted to DPHI seeking a Gateway determination. Following receipt of a Gateway determination, the proposal would then be publicly exhibited for further consultation with the community and stakeholders.

The Planning Proposal would then be reported to Council post-exhibition for Council’s consideration prior to finalisation. Due to the nature and scale of the new LEP, Council will not be the plan-making authority, and finalisation would be undertaken by DPHI.

FINANCIAL IMPLICATIONS

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

201594 – LEP & DCP Review	2023-24 Remaining
Employee – LEP Review Staff	$43,170
Consultants	$183,738
Total	$226,908

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Enhance the environmental performance of buildings and homes. Facilitate economic development.
Environment	Manage the environmental health of waterways. Protect, enhance and maintain areas of endangered ecological communities and high-quality bushland as part of an attractive mix of land uses.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place. Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	Act as an environmental leader in the community.
Legislative	Division 3.2 and 3.4 of the Environmental Planning and Assessment Act 1979.
Risk	The risk is deemed to be Low. The new Liverpool Local Environmental Plan will lead to implications for landowners in the LGA (where land use zone, development standards and/or mapping varies from the LLEP 2008). However, extensive community engagement has already occurred, and further engagement will continue to occur as part of the Planning Proposal process. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Draft Principal Planning Proposal (Under separate cover)

2. Mecone Residential Lands Investigation (Under separate cover)

3. Mecone Commercial Lands Investigation (Under separate cover)

4. Mecone Industrial Lands Investigation (Under separate cover)

5. Part 3B Codes SEPP Analysis (Under separate cover)

6. Written Instrument Report (Part 2 Explanation of Provisions) (Under separate cover)

7. Land Use Matrix (Under separate cover)

8. Comparison to LLEP 2008 Mapping (Under separate cover)

9. Comparison to LLEP 2008 Written Instrument (Under separate cover)

10. Consolidated Council Reports and Resolutions (Under separate cover)

11. Liverpool Biodiversity Study 2019 (Under separate cover)

12. Council Owned Land Review (Under separate cover)

13. Land Acquisition Layer Review (Under separate cover)

14. LEP Review Engagement Action Plan (Under separate cover)

15. LEP Review Early Engagement Outcomes Report (Under separate cover)

16. Draft LEP Mapping (Part 4) (Under separate cover)

17. Local Planning Panel Report and Recommendation (Under separate cover)

Ordinary Meeting

28 February 2024

Planning & Compliance Report

PLAN 03

Conservation Zones Study and Draft Planning Proposal for additional Conservation Zone Land under the Liverpool Local Environmental Plan 2008

Strategic Objective	Liveable, Sustainable, Resilient Protect and enhance our natural environment and increase the city’s resilience to the effects of natural hazards, shocks and stresses
File Ref	013537.2024
Report By	Lilyan Abosh - Acting Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

At its Ordinary Meeting of Council on 27 September 2023, Council resolved to endorse the draft Conservation Zones Study (Attachment 2) which established the criteria for the application of Conservation Land Use Zones under the Liverpool Local Environmental Plan 2008 (LLEP 2008).

It was also resolved to prepare and exhibit a draft Planning Proposal (Attachment 1 and Addendum attachment 1) alongside this Study. The Planning Proposal seeks to rezone 15 Council and NSW Government-owned sites zoned RE1 Public Recreation to C2 Environmental Conservation (partly or fully), and 11 other lots (not Council owned) to C2 Environmental Conservation or C3 Environmental Management (partly or fully).

The draft Conservation Zones Study (the Study) and draft Planning Proposal were placed on an initial public exhibition period between 1 November and 4 December 2023. This included letters to directly affected private landowners and posts on Council’s website and social media platforms.

A total of 15 individual submissions were received during this period (Attachment 3), from the owners and/or representatives of the properties proposed to be rezoned. Of these, 14 submissions objected to the proposal and one submission was in favour. Common themes arising from the exhibition period included reduced development potential, reduced commercial value, need for housing, compensation and inconsistency with the NSW Government’s Strategic Planning Framework. Responses to the key points raised in the received submissions are provided in this Report.

The draft Planning Proposal and Study were presented to the Liverpool Local Planning Panel (LPP) on 21 December 2023. The Panel endorsed the criteria and methodology used to apply the Conservation Zones and noted that the proposal was based on sound planning principles.

Following consideration of the submissions received during the public exhibition, as well as the advice provided by the LPP, Council staff recommend the Planning Proposal proceed generally in its current form. It is proposed however to revise the development standards, as follows. Further detail on the proposed amendments is provided in this Report:

· Apply the existing minimum lot size of 2,000m² for Lot 100 Bapaume Road, Moorebank;

· Apply the existing minimum lot size of Nil for Lot 4 Casula Road, Casula;

· Apply a proposed FSR of Nil for 44 Manildra Street, Prestons; and

· Apply a proposed FSR of Nil for Lot 23 Corrimal Street, Prestons.

It is recommended to proceed with the proposed rezoning of the sites, and also include the proposed changes as part of the Liverpool LEP Review Principal Planning Proposal. Subject to Council endorsement, the proposed changes would be forwarded to the Department of Planning, Housing and Infrastructure (DPHI) seeking a Gateway determination.

Following receipt of a Gateway determination, a formal public exhibition period would then be undertaken, including further consultation with the affected landowners.

Following public exhibition, Council would subsequently receive a Post-Exhibition Report for a final decision on the proposal, including any further amendments resulting from the community consultation.

RECOMMENDATION

That Council:

1. Notes the outcomes of the initial public exhibition period and Liverpool Local Planning Panel;

2. Endorse the Final Conservation Zones Study;

3. Endorses in principle the land use zone and development standard recommendations (as revised) in the draft Planning Proposal.

4. Endorse either Resolution 4(a) or 4(b) regarding the draft Planning Proposal:

a) Incorporate the land use zone and development standard recommendations into the Principal Planning Proposal for a new Liverpool Local Environmental Plan; or

b) Forward the draft Planning Proposal separately to the Department of Planning, Housing and Infrastructure, pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination;

5. Subject to a Gateway determination, undertake public exhibition and community consultation 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 the public exhibition period; and

7. Delegate to the CEO (or delegate) to amend the draft Planning Proposal and attachments for any typographical and other minor errors / amendments if required.

REPORT

BACKGROUND INFORMATION

Council Resolutions

At its Ordinary Meeting of Council on 26 October 2022, Council resolved to investigate the potential rezoning of three sites located in Sirius Road, Voyager Point from C3 Environmental Management to C2 Environmental Conservation.

Consistent with this Resolution of Council, Council staff undertook an investigation and identified the need for a study which would assess the three sites within a broader review of the Conservation Zones in the Liverpool Local Environmental Plan 2008 (LLEP 2008). This would ensure the consistent application of these zones across various sites.

A draft Conservation Zones Study (the Study) was prepared, which established criteria for each Conservation Zone, and made rezoning recommendations based on this criteria.

The Study reviewed 27 sites zoned RE1 Public Recreation (RE1) and owned by Council (or other NSW Government authorities like Sydney Water, DPHI, etc.). Of the 27 RE1 sites, 15 were recommended to be rezoned (partly or fully) to C2 Environmental Conservation (C2).

A total of 15 other sites not owned by Council were also assessed as part of the Study. These properties were identified through the Liverpool LEP Review process on account of their biodiversity value. Many of these sites are burdened by Section 88B Instruments, development Consent Conditions, and/or other restrictions that necessitate the preservation of vegetation on these sites. Of the 15 sites, 11 were recommended to be rezoned (partly or fully) to either C2 or C3 Environmental Management (C3).

The draft Study was presented to Council at the Ordinary Meeting of Council on 27 September 2023. At the meeting it was resolved:

That Council:

1. Endorse in principle the Draft Conservation Zones Study;

2. Prepare a draft Planning Proposal to amend the Liverpool Local Environmental Plan 2008 in accordance with the zoning recommendations in the draft Conservation Zones Study;

3. Undertake an initial public exhibition of the Planning Proposal, in accordance with the Liverpool Community Participation Plan;

4. Present the draft Planning Proposal and supporting draft Conservation Zones Study to the Liverpool Local Planning Panel for advice; and

5. Receive a further report on the draft Planning Proposal and the draft Conservation Zones Study, including the outcomes of the early public exhibition period and the Liverpool Local Planning Panel.

This Report addresses point 5 of the above Resolution of Council, outlining the results of the initial public exhibition period and advice from the Local Planning Panel.

Planning Proposal Summary

The draft Planning Proposal prepared by Council staff (Attachment 1) seeks to implement the recommendations from the draft Study into the LLEP 2008. This involves amendments to the land use zone, height of building (HOB), floor space ratio (FSR) and minimum lot size standards for 15 RE1 sites, and 11 other lots (not Council owned).

The draft recommendations of the Planning Proposal are as follows:

1. Amend the Land Zoning Map to rezone 24 sites from their current zone to the C2 Environmental Conservation zone (fully or partly);

2. Amend the Land Zoning Map to rezone two (2) sites from their current zone to the C3 Environmental Management zone (fully or partly); and

3. Amend the supporting development standards to align with the proposed Conservation Zones as follows:

a) Generally implement a FSR requirement of ‘0.01:1’ on the FSR Map;

b) Generally implement a nil HOB requirement on the HOB Map; and

c) Generally implement a Minimum Lot Size requirement of ‘40 hectares’ on the Minimum Lot Size Map.

Refer to Addendum Attachment 1 for proposed mapping and development standards under the Planning Proposal.

EARLY EXHIBITION PERIOD

The draft Study and Planning Proposal were placed on an initial public exhibition period between 1 November and 4 December 2023. This included letters, and emails where possible, to directly affected private landowners and public agencies, and posts on Council’s website and social media platforms. A meeting was also offered to all affected landowners if requested.

A total of 15 individual submissions were received (see Attachment 3) from the owners and/or representatives of the properties proposed to be rezoned. Of these, 14 submissions objected to the proposal and one submission was in favour. A summary of the matters raised in the submissions are expanded upon below.

Submissions for proposed C2 Environmental Conservation sites

In accordance with the draft Study, the below sites are proposed to be rezoned to C2 Environmental Conservation on the basis of being private land with a negotiated development outcome or conservation mechanism (e.g. Section 88B restrictions, development Consent Conditions, and/or other restrictions that necessitate the preservation of vegetation on these sites). A summary of the main matters raised in submissions, with a response from Council staff, is provided below:

1. 11 Pavesi Place, Hinchinbrook – Landowner / Representative

a) A rezoning will prohibit all economically significant development and remove almost all development potential, reducing the developable area (proposed C2 land) by 96.8%.

· Response: The site already benefits from an approval for a dwelling house (proposed to remain as R2). The remaining area is classified as a ‘Riparian Zone’ in the Section 88B Instrument, which states no building can be erected or permitted to remain there. The existing zoning therefore does not accurately reflect the restrictions burdening the site.

b) Rezoning will conflict with the approved Complying Development Certificate (CDC) for a dual occupancy, as well as future plans for multi dwelling housing on the site.

· Response: Council staff could not locate any record of the referenced CDC, noting that dual occupancies are not permitted in the R2 zone. Notwithstanding this, any valid approval issued prior to the formal gazettal of a Planning Proposal will not be impacted. Multi dwelling housing is not permitted in the R2 zone.

c) Retaining the R2 zoning along the southern side of Pavesi Place is consistent with the northern side and will also ensure the adjoining southern lot (Mosque site) is not isolated.

· Response: The preservation of land with significant biodiversity value in this instance is considered strategically important. The adjoining southern lot has access from Wilson Road and does not have access from Pavesi Place. Therefore, no isolation of this site will result from the proposed rezoning.

A map of a city

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Figure 1 - Intended outcome image from landowner submission (Attachment 3)

d) Request to amend the draft Planning Proposal to retain the R2 zoning further along the eastern ‘arm’ of the lot, resulting in approximately 3,000m² retained as R2 (22.4%) (see Figure 1).

· Response: The proposed zoning split has been assessed in conjunction with the Section 88B Instrument. The requested additional R2 area is identified as a ‘Riparian Zone’ in the Section 88B Instrument.

Recommendation: Proceed with rezoning in accordance with the draft Planning Proposal.

2. Lot 101 Rossini Drive, Hinchinbrook – Landowner / Representative

a) Whilst it is understood that the site is not entirely fit for development, it was purchased with the intention of developing significant portions of it.

· Response: The site already benefits from an approval for semi-detached housing (proposed to remain R2). The remaining area is classified as a ‘Riparian Zone’ in the Section 88B Instrument, which states no building can be erected or permitted to remain there.

b) It is prudent that residential zones are used to their full potential given current housing shortage concerns.

· Response: Given the Section 88B Instrument, the site is not able to provide any further residential density, beyond the approval for the semi-detached dwellings.

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Figure 2 - Proposed rezoning configuration requested in submission (Attachment 3)

c) Request to amend the draft Planning Proposal to retain further R2 zoning along Legendre Place, to enable development along this portion of the site (see Figure 2).

· Response: The proposed zoning split has been assessed in conjunction with the Section 88B Instrument. The requested new R2 area however is classified as a ‘Riparian Zone’ in the Section 88B Instrument.

Recommendation: Proceed with rezoning in accordance with the draft Planning Proposal.

3. Lot 514 Willowie Way, Pleasure Point – Landowner / Representative

a) If the site is rezoned, rights for compensation will be pursued as both a landowner and company, based on precedence rulings relating to this same issue.

· Response: This consideration has been noted by Council staff. The rezoning of the site from C3 Environmental Management to C2 Environmental Conservation however aligns with the Section 88B restriction, which currently prohibits the clearing of the site.

b) A C2 zone will impact the commercial value of the site, which is not currently limited from development such as residential living.

· Response: The sites current C3 zoning permits up to a single dwelling on the lot. Given the Section 88B restriction on title prohibits the clearing of the land, the construction of a dwelling, associated roads and asset protection zones to mitigate bushfire risk, would not enable this to be developed despite permissibility of the land use zone.

c) Request Council remove the site from the proposal and consider a dwelling masterplan that retains the most important bushland and meets the C3 zone objectives.

· Response: The removal of any bushland on the site is in contravention of the restriction of the Section 88B Instrument.

d) Concerns site has been proposed to be rezoned without any detailed assessment and simply due to the Section 88B restriction. Requests a deferral until the landowner has submitted to Council a report prepared by environmental consultants in February 2024.

· Response: The current zoning is not reflective of the development potential of the site, and rezoning will rectify the current misalignment between planning controls and the sites condition. DPHI may request additional assessments (if deemed necessary) as part of the Gateway determination.

Regarding a deferral of this matter, Council staff have contacted the landowner and advised that a study at this stage may be premature, as the purpose of the initial exhibition period is to receive early feedback prior to Council formally proceeding with a Planning Proposal. If Council decides to progress the proposal and a report is submitted by the landowner, it will be considered as part of the formal exhibition period.

e) Rezoning the lot to establish a corridor directly to the Georges River is not appropriate for numerous reasons. Request to consider the submitted alternative corridor design.

· Response: The intent of the Planning Proposal is to ensure the LLEP 2008 safeguards biodiversity in the LGA, by reflecting the development potential of the site. The rezoning of this site has not been proposed to establish a corridor leading to the Georges River.

Recommendation: Proceed with rezoning in accordance with the draft Planning Proposal.

4. 10 Burando Road, Prestons – Landowner / Representative

a) The Planning Proposal will sterilise the land of any future development and significantly affect its commercial value.

· Response: The Part 3A Approval for the Aldi Distribution Centre designated an 'Environmental Offset Area' (EOA) on site of approximately 1.52Ha (12% of site area). It is only proposed to rezone the EOA. The remainder of the lot will retain its E5 Heavy Industrial land use zone, where industrial development can continue to occur.

b) The proposed reduction in maximum building height and imposition of 0.01:1 FSR is unreasonable and prevents the use of the land for employment-generating purposes.

· Response: These development standards will only apply to the proposed C2 portion of the site (EOA). These standards will match the existing C2 zoned area located in the southern-eastern corner of the lot.

c) Reducing industrial-zoned land is inconsistent with the Liverpool Industrial and Employment Lands Strategy, Ministerial Directions, Region and District Plans.

· Response: The rezoning will better reflect the current function of the EOA, and any loss of land for industrial or employment purposes is only theoretical, as industrial development could not occur in this area. The protection of environmentally significant land is a key theme of the strategic planning framework including Ministerial Directions, Region and District Plans, and Council’s Local Strategic Planning Statement.

d) Retaining the current zoning still allows Council to complete a merit assessment as part of any proposed development, to ensure there is no adverse impact on biodiversity.

· Response: The area proposed to be rezoned has already been reviewed as part of the Part 3A approval and set aside as an EOA. The rezoning intends to update the zoning of the site to reflect this development consent.

Recommendation: Proceed with rezoning in accordance with the draft Planning Proposal.

5. Lot 100 Bapaume Road, Lot 1 & 4 Moorebank Avenue, Moorebank & Lot 4 Casula Road, Casula – Landowner (Supportive of Planning Proposal)

a) National Intermodal is generally in support of the proposed land use changes, subject to rectification of a minor mapping error for Lot 4 Moorebank Avenue. LOGOS (holds a 99-year lease over parts of the land) do not intend to make a submission at this stage.

· Response: Mapping will be rectified in consultation with the landowner. Furthermore, if the Planning Proposal progresses, a further public exhibition period will need to be undertaken in which LOGOS can provide a submission.

b) Request to retain the current minimum lot size for Lot 100 Bapaume Road (2,000m²) and Lot 4 Casula Road (Nil) to enable subdivision, as required for the Moorebank Avenue realignment & M5 traffic upgrade projects.

· Response: Request to retain the existing minimum lot sizes is supported, to ensure the proposal does not conflict with critical transport infrastructure works that are already approved and under construction.

c) Request to reduce the current minimum lot size for Lot 1 & 4 Moorebank Avenue (120Ha) to 40Ha.

· Response: Given the irregular zoning split of these two sites, the requested application of multiple lot sizes is not considered orderly.

d) Request to consult with Transport for NSW (TfNSW) to further understand the relationship between rezoned areas and key transport works across the precinct.

· Response: Should the Planning Proposal progress, staff will request the Planning Proposal be referred to TfNSW for comment post-Gateway.

Recommendations: Proceed with rezoning in accordance with the draft Planning Proposal, with the exception of the minimum lot size requirements for Lot 100 Bapaume Road, Moorebank and Lot 4 Casula Road, Casula.

6. Lot 792 Heathcote Road, Pleasure Point, Lot 792 DP 48718

· Response: This site is proposed to be rezoned to C2 Environmental Conservation, and Council records indicate it is owned by ‘Department of Land and Water Conservation (care of Sydney Metropolitan)’. A submission was not received for this site, however, ongoing engagement with NSW Government Agencies will occur as part of the Planning Proposal.

Submissions for proposed C3 Environmental Management sites

The below sites are proposed to be rezoned to C3 Environmental Management on the basis of being private land with high biodiversity value, as defined in the draft Study. The C3 zone permits limited residential development to occur, where environmental impacts are appropriately managed and not adversely impacted. Attributes of these sites have been sourced from Council’s internal GIS system, NSW data portal, and the Liverpool Biodiversity Study 2019. It is noted however that attributes identified on these sites have not been ground-truthed.

1. 44 Manildra Street, Prestons – Landowners / Representatives

a) A letter was only sent out to one of the three landowners of the site.

Response: Letters and emails were issued based on the ownership details in Council’s rates system. Ownership of this site has since been updated, and staff have been contacting all three landowners for this site moving forward.

b) Timeframe provided to submit feedback is insufficient and request a minimum six-month timeframe to engage consultants. Owners have already engaged an environmental consultant to prepare a report in February 2024.

· Response: Council staff contacted the landowner and advised that a report at this stage is premature, as the purpose of the initial exhibition period is to receive early feedback prior to Council resolving to formally proceed with a Planning Proposal. If Council decides to progress with the proposal and a study is submitted it will be considered as part of the formal exhibition process.

c) Property was purchased as a family asset with intent to develop within next 12 months. Rezoning a site of substantial size (2.04 hectares) to be of no financial value and with annual financial obligations is unfair and will have detrimental impact on owners.

· Response: This is noted as a consideration for Council.

d) Request for studies carried out to inform the proposed rezoning, and if property was accessed by Council staff without consent.

· Response: The proposed rezoning is based on the recommendations of the draft Conservation Zones Study, which was publicly available as part of the exhibition period. The Study noted the site has ‘state core or corridor’ or ‘regional core’ vegetation, wildlife corridors, threatened ecological communities and high potential for Aboriginal Cultural Heritage, which is based on internal mapping / resources and the Liverpool Biodiversity Study 2019. The property was not accessed by Council staff. DPHI may request additional assessments occur (if deemed necessary) as part of the Gateway determination.

e) Site is not heritage, a conservation area and does not include a restriction on title that would burden potential residential development. Concerns that the draft Study is not supported by detailed ecological analysis and the vegetation status is unsubstantiated.

· Response: Part 2.2 of the Liverpool Development Control Plan 2008 identifies the lot as ‘Bushland Preservation’. The proposed rezoning is based off the attributes identified on the site (state core / regional core, wildlife corridor, threatened ecological communities) in internal mapping and the Liverpool Biodiversity Study 2019, however ground-truthing has not yet occurred to verify the vegetation status.

f) Clarity requested on how Council proposes to compensate the owners for site devaluation.

· Response: Under the LLEP 2008 (based on the Standard Instrument LEP), the C3 Environmental Management land use zone does not require an acquisition authority and can be retained in private ownership (as seen with existing C3 zoned lots across the LEP application area).

g) Proposal is contrary to the objectives of strategic planning framework interest in terms of housing supply. Site is unconstrained for residential development of up to 30 to 40 lots (i.e. flooding, geology, topography, drainage, access, essential services).

· Response: The reduction in residential land under this Planning Proposal is considered a justifiable inconsistency as the proposal addresses many other strategic environmental considerations. It is noted that DA-1322/2003 was refused on the site partly due to the adverse impact to the bushland area, which is identified in the DCP.

h) Nearby land (Corrimal Street subdivision) with similar constraints and characteristics has been developed for residential subdivision.

· Response: Although the circumstances of an approval are unique to each site, it is noted that the referenced site gained development approval under transitional arrangements for the Biodiversity Conservation Act 2016 as Liverpool LGA was an interim designated area, which meant that the legislative context significantly varied from the legislative framework currently in place.

i) The proposed amendments to FSR and building height would effectively render the site undevelopable.

· Response: The 0.01 proposed FSR will be changed to Nil FSR, to enable a single dwelling to be constructed on the lot, subject to a Development Application.

Recommendation: Proceed with rezoning in accordance with the draft Planning Proposal, with the proposed FSR amended, as above.

2. Lot 23 Corrimal Street, Prestons – Landowner / Representative

a) Proposal is largely inconsistent with Ministerial Directions as it significantly reduces the development potential of the site and is not supported by a detailed Study.

· Response: The reduction in residential land under this Planning Proposal is considered to be a justifiable inconsistency. The proposal is supported by the draft Study and DPHI can request for further assessments (if deemed necessary) if the proposal progresses.

b) A rezoning is not required as site attributes are already protected through current planning and legislative frameworks (e.g. Biodiversity Conservation Act 2016).

· Response: Although provisions in the Biodiversity Conservation Act 2016 apply to the site if a development were proposed, this will not result in the same level of protection as a rezoning.

c) The draft Study presents a high-level review of sites that is not based on evidence. Recommend that Council undertake more detailed studies of the site utilising robust data.

· Response: This is noted as a consideration for Council as the rezoning of the site is not supported by ground-truthing. Should the Planning Proposal proceed however, DPHI will outline any necessary technical studies needed to support the proposal if deemed necessary, and as detailed in the LEP Making Guideline. The proposed rezoning is based on the attributes identified on the site (state core / regional core, wildlife corridor, threatened ecological communities) using internal mapping and the Liverpool Biodiversity Study 2019. Part 2.2 of the Liverpool Development Control Plan 2008 also identifies the lot as ‘Bushland Preservation’.

d) The proposal seeks to remove all development opportunities from the northern portion of the site without contemplating any alternative options that retain the opportunity to deliver housing. The amendments to FSR and building height removes the ability to deliver any residential development.

· Response: The C3 zoning will still permit development of a single dwelling on the lot. The 0.01 proposed FSR will be changed to Nil FSR, to enable a single dwelling to be constructed on the lot, subject to a Development Application.

Recommendation: Proceed with rezoning in accordance with the draft Planning Proposal, with the proposed FSR amended, as above.

Local Planning Panel Advice

The draft Planning Proposal was referred to the Liverpool Local Planning Panel (LPP) for advice on 21 December 2023. The Panel endorsed the criteria and methodology used to apply the Conservation Zones and noted that the proposal is based on sound planning principles. A summary of the Panels comments and staff response is provided in Table 1 below. The LPP Report and Minutes are provided at Attachment 4.

Table 1: Summary of Panel Comments and Staff Response

Local Planning Panel Comment	Council Response
The rezoning of private land constrained by reason of a condition of development consent, restriction on title or other statute is a sound reason to identify the land as suitable for a Conservation Zone under LEP 2008, provided Council is satisfied that the restriction, condition or other constraint reflects the existing constraints and opportunities of the land.	The environmental and planning characteristics of each individual site were reviewed and considered on a site-by-site basis.
Council ought to be satisfied that the constraints, opportunities and attributes of each privately -owned site aligns with objectives of the selected zone.	The application of a Conservation Zone was based on the criteria established in the draft Conservation Zone Study.
The Panel agrees with the rezoning of RE1 Public Recreation land which contains characteristics and attributes more aligned to a Conservation Zone. Council should consider whether the Plan of Management applying to these parcels needs to be adjusted once the LEP is amended.	Available Plans of Management (POM) were consulted to ensure ‘sportsground’ areas are not impacted. Updates to the POMs to reflect the rezoned parks can occur if the proposal progresses.

Summary of Recommendations

Following consideration of the submissions received and LPP advice, a summary of the rezoning recommendations for each site not owned by Council is provided in Table 2 below.

Table 2: Summary of Zoning Recommendations for sites not owned by Council

Address	Rezoning Reason (from Study)	Recommendation
Proposed C2 Zoned Lots
Lot 514 Willowie Way, Pleasure Point (Lot 514 DP 1183310)	S. 88B requires the lot to be retained for environmental management and not be cleared, altered or damaged.	Proceed with rezoning to C2 (fully)
Lot 792 Heathcote Road, Pleasure Point (Lot 792 DP 48718)	Public land with ‘high’ conservation value.	Proceed with rezoning to C2 (fully).
11 Pavesi Place, Hinchinbrook (Lot 113 DP 1120172)	S88B restriction to retain majority of the lot as a riparian zone where no building can be erected or permitted to remain.	Proceed with rezoning to C2 (partly)
Lot 101 Rossini Drive, Hinchinbrook (Lot 101 DP 1120172)	S88B restriction to retain majority of the lot as a riparian zone where no building can be erected or permitted to remain.	Proceed with rezoning to C2 (partly)
10 Burando Road, Prestons (Lot 1 DP 1129090)	Development consent condition required the eastern vegetated portion to be protected as an environmental offset area.	Proceed with rezoning to C2 (partly)
Lot 100 Bapaume Road, Moorebank (Lot 100 DP 1049508)	Land with site restriction.	Proceed with rezoning to C2 (partly), however amend Minimum Lot Size Requirements.
Moorebank Avenue, Moorebank (Lot 1 & Lot 4 DP 1197707)	Land with site restriction.	Proceed with rezoning to C2 (partly).
Lot 4 Casula Road, Casula (Lot 4 DP 1130937)	Land with site restriction.	Proceed with rezoning to C2 (fully), however retain the current minimum lot size requirement.
Proposed C3 Zoned Lots
44 Manildra Street, Prestons (Lot 37 DP 1192727)	Private land with ‘high’ conservation value including ‘state core’ or ‘regional core’. wildlife corridors, threatened ecological communities and high potential for Aboriginal Cultural Heritage. Site also identified as ‘Bushland Preservation’ in DCP.	Proceed with rezoning to C3 (fully), however amend the proposed FSR to nil.
Lot 23 Corrimal Street, Prestons (Lot 23 DP 1197839)	Private land with ‘high’ conservation value including ‘state core’ or ‘regional core’. wildlife corridors and threatened ecological communities. Site also identified as ‘Bushland Preservation’ in DCP	Proceed with rezoning to C3 (partly), however amend the proposed FSR to nil.

In relation to the Council owned (or other state agency) RE1 Public Recreation zoned sites (refer to Attachment 1 and Addendum Attachment 1) proposed to be rezoned to C2, no substantial changes are proposed following the early exhibition period. However, the following is noted:

· Lot 41 Cowpasture Road, Elizabeth Hills owned by Sydney Water is proposed to be rezoned SP2 Infrastructure under the LEP Review, and not to a Conservation Zone;

· 561 Cowpasture Road, Hinchinbrook, owned by the State of NSW is not proposed to be rezoned, to rationalise the site boundary; and

· Osmond Reserve, Warwick Farm is owned by the NSW Government, and consultation will occur during the Planning Proposal process.

Following the exhibition period, the draft Planning Proposal and Study have been updated to reflect the outcomes of the exhibition, including the results of engagement and changes to development standards, as well as minor updates following internal referrals such as noting where sites contain potential for Aboriginal Cultural Heritage.

Next Steps

If Council adopts the recommendations of this Report, the amendments to the LLEP 2008 will be incorporated into the Principal Planning Proposal to establish a new Liverpool Local Environmental Plan (i.e. LEP Review Project). This will be forwarded to DPHI seeking a Gateway determination.

Pending a successful Gateway determination, a formal public exhibition period would be undertaken, including further consultation with the landowners and consideration of any additional material submitted. Council would then receive a Post-Exhibition Report for a final decision on the proposal, including any further amendments resulting from the second round of consultation.

Conclusion

It is recommended that Council endorse in principle the recommendations as revised. This is supported by the advice of the LPP and Council’s assessment that the proposal has sufficiently demonstrated both strategic and site-specific merit.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation at this stage. Given that the rezoning of the identified sites is based on the criteria of the draft Study, it is not anticipated that Council will acquire any properties under this proposal.

Upon assessment DPHI, may request further technical studies (in addition to Council’s Conservation Zones Study) to support the draft Planning Proposal.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	Manage the environmental health of waterways. Protect, enhance and maintain areas of endangered ecological communities and high-quality bushland as part of an attractive mix of land uses.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Act as an environmental leader in the community.
Legislative	Section 3.34 of the Environmental Planning and Assessment Act 1979.
Risk	The risk is deemed to be Low. Landowners and the community will have a further opportunity to comment on the Planning Proposal if and after a Gateway determination in favour of the proposal is issued. Further community feedback as well as requirements from DPHI will then be presented to Council at a second meeting, prior to the finalisation of the Planning Proposal. The Planning Proposal is supported by the Conservation Zones Study which sets out criteria for rezoning and background assessments of each site. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Conservation Zones Planning Proposal Report (Under separate cover)

2. Conservation Zones Study (Under separate cover)

3. Compiled Landowner Submissions (Under separate cover) - Confidential

4. Local Planning Panel Report and Minutes (Under separate cover)

5. Report and Minutes of Council Meeting 27 September 2023 (Under separate cover)

Ordinary Meeting

28 February 2024

Planning & Compliance Report

PLAN 04

Lot 2 Newbridge Road, Moorebank - Issues and Options Report

Strategic Objective	Evolving, Prosperous, Innovative Implement planning controls and best practice urban design to create high-quality, inclusive urban environments
File Ref	015365.2024
Report By	Stephen Peterson - Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

Lot 2 Newbridge Road, Moorebank has an historic development approval for a concrete recycling facility. Council however has historically been strongly opposed to the development of this facility on the site and has initiated various investigations to determine other suitable uses that could be facilitated through a Planning Proposal process.

Given the unsuitability for residential and commercial land uses, at its Ordinary Meeting of Council on 26 July 2023, Council resolved for staff to initiate a Planning Proposal to rezone the site to a ‘General Industrial’ land use to facilitate low impact industrial development and a publicly accessible shared pathway.

The Council-initiated Planning Proposal (Attachment 1) was endorsed at the Ordinary Meeting of Council on 13 December 2023 (Attachment 2). Following Council endorsement, the Planning Proposal was then forwarded to the Department of Planning, Housing and Infrastructure (DPHI) for consideration.

On 22 December 2023, DPHI provided a response (Attachment 3) to Council deeming the Gateway request inadequate to proceed past the preliminary assessment due to a lack of supporting technical studies for the proposal. This included failing to sufficiently address Ministerial Direction 4.1 (Flooding), and the absence of an Economic Study demonstrating the need for additional industrial floorspace.

Due to the DPHI request for additional information, this Report outlines the pathway, preliminary scope of works, and estimated costs required to address the issues raised by DPHI. Given Council’s historical stance regarding the potential future development of the site, and the resolutions from the July and December 2023 Council Meetings, it is recommended that budget is allocated for this additional work to enable the Planning Proposal to progress.

RECOMMENDATION

That Council:

1. Notes the DPHI request for additional information to be provided by Council in support of the Planning Proposal;

2. Allocates a total budget of $100,000 to undertake the flooding and economic studies requested by the DPHI prior to re-seeking a Gateway determination for the Planning Proposal;

3. Forwards an updated Planning Proposal to the DPHI 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;

4. 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; and

5. Receives a further Report on the outcomes of public exhibition and community consultation.

REPORT

Background

The Site

The subject site (‘Concrete Crushers site’) is located at Lot 2 Newbridge Road and is legally described as Lot 2 in DP 1278607. 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 facility which operated across the site between 1972 and 1979. The site contains, and is also adjacent to, remnant vegetation that includes threatened ecological communities and some coastal wetlands along the banks of the Georges River.

The site has an area of approximately 21.79 Ha and has one access handle from Newbridge Road, which is a dirt driveway approximately 9.6m wide and 862m in length.

Material Recycling Facility (Concrete Crushing)

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 a ‘Resource Recovery Facility’ as an additional permitted use on the site.

A 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.

It is noted that construction of the Materials Recycling Facility has not yet commenced on the site, however the current landowner has expressed their intention to commence development of the facility due to land holding costs.

Current Planning Proposal

At the Ordinary Meeting of Council on 26 July 2023, Council resolved for staff to initiate a Planning Proposal to rezone the site to facilitate development of a General Industrial land use and include a publicly accessible shared pathway.

The Planning Proposal sought 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 whilst maintaining the significant biodiversity of the site.

At the Ordinary Meeting of Council on 13 December 2023, Council resolved to endorse the draft Planning Proposal, and forward to the DPHI for a Gateway determination. The Planning Proposal was submitted via the Planning Portal on 19 December 2023.

Gateway Adequacy Assessment

A Gateway Adequacy Assessment is undertaken by the DPHI to determine if sufficient information has been provided as part of a Planning Proposal, prior to accepting the lodgment of the proposal for formal assessment.

On 22 December 2023, DPHI provided a response to Council (see Attachment 3) stating the outcome of the adequacy assessment. The assessment found that the Planning Proposal package did not contain sufficient information to address the requirements of Ministerial Direction 4.1 Flooding issued under Section 9.1(2) of the Environmental Planning and Assessment Act 1979, particularly as:

· Ministerial Direction 4.1 Flooding states that a Planning Proposal must not rezone land within the flood planning area from Conservation to Employment.

· The Planning Proposal was supported by a Flood Impact Assessment Report (22 November 2018) which supported a previous Planning Proposal (RZ-2/2020) on the site. It does not address the matters required under Ministerial Direction 4.1 Flooding.

· The Planning Proposal’s assessment against Ministerial Direction 4.1 Flooding is insufficient. Considering the extent of flood affectation on the site, the Department does not accept Council’s justification that the inconsistency with the Section 9.1 direction is of minor significance.

· A Technical Report is required to address the requirements listed in the Ministerial Direction 4.1 Flooding if a Planning Proposal is inconsistent with the direction.

Further, the outcome of the adequacy assessment by the DPHI stated that it would be considered best practice if the Planning Proposal was supported by an Economic Study, demonstrating the need for additional industrial floorspace at this location, considering the site is not identified in Council’s strategic planning framework for industrial uses.

Technical Studies – Scope of Works and Estimated costs

In light of the Gateway Adequacy Assessment outcome by the DPHI, Council staff have internally drafted a scope of works including the expected details required in each technical study report, and the expected estimated cost for each technical study to be undertaken by an external Consultant.

The indicative scope of works, and the estimated cost for each technical study, is provided in Attachment 4, with a short summary provided in Table 1.

Table 1: Scope of works and estimated costs for additional studies requested by the DPHI

Study

Scope Detail

Est. Cost

Flood Impact Assessment Technical Study Report

Study would include:

· Flood Impact and Risk Assessment

· Flood Emergency Response Strategy

· Assessment of Ministerial Direction 4.1 (Flooding)

· Assessment against Council and State Government policies, procedures and controls for flood affected sites.

$50,000 -$60,000

Economic Impact Assessment Technical Study Report

Study would include:

· Identify Site and Context

· Strategic Assessment, including Western City District Plan, Liverpool Local Strategic Planning Statement, and Liverpool Industrial and Employment Lands Strategy

· Other relevant aspects such as demand for a General Industrial Land use, site suitability, impacts to other precincts, and employment outcomes.

$30,000 - $40,000

Next Steps

Should Council resolve to proceed with the Planning Proposal, it is recommended to proceed with the Flood Impact Assessment and Economic Impact Assessment to support the Planning Proposal. Upon completion of both technical reports, the Planning Proposal will be resubmitted to the DPHI seeking a Gateway determination. Any further additional information will be requested as part of the Gateway determination.

It is expected that if a Gateway determination is issued by the DPHI, it is envisaged that further technical studies would be required in support of the proposal, including (although not limited to):

· Traffic Impact Assessment Report

· Preliminary Site Investigation Stage 1 Report

· Urban Design Architectural Plans

· Acoustic Report,

· Bushfire Report,

· Ecological Report,

· 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 Planning Agreement would also be reported to Council to complete the planning package for the Planning Proposal.

Conclusion

Given Council’s historical stance regarding the potential future redevelopment of the site as a materials recycling facility, combined with the resolutions from the July and December 2023 Council Meetings, it is recommended that budget is allocated for this additional work to enable the Planning Proposal to progress.

FINANCIAL IMPLICATIONS

Costs associated with this recommendation are outside of Council’s current budget and Long-term Financial Plan. An additional $100,000 is to be allocated to the Strategic Planning Consultant Budget to fund Technical Flood Impact Assessment and Economic Impact Assessment reports to support the Planning Proposal. If the DPHI condition further technical studies as part of a Gateway determination, these additional studies would require further funding allocation from Council.

CONSIDERATIONS

Economic	Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Facilitate economic development.
Environment	Manage the environmental health of waterways. Protect, enhance and maintain areas of endangered ecological communities and high-quality bushland as part of an attractive mix of land uses.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership considerations.
Legislative	Division 3.4 of Environmental Planning and Assessment Act 1979.
Risk	The risk is deemed to be Low. There is a low risk that further technical studies may be required by DPHI resulting in further costs and time delays for the Planning Proposal. This will be reported to Council once a Gateway determination is issued and corresponding conditions stipulated by DPHI are known. The risk is considered within Council’s risk appetite

ATTACHMENTS

1. Planning Proposal (Under separate cover)

2. Council report and resolution – 13 December 2023 (Under separate cover)

3. DPHI Gateway request adequacy assessment outcome – 22 December 2023. (Under separate cover)

4. Council staff Scope of Works and estimated cost for completion for separate flooding and economic technical reports (Under separate cover)

5. ASIC Extract - Lot 2 Newbridge Road (Under separate cover) - confidential

Ordinary Meeting

28 February 2024

Community & Lifestyle Report

COM 01

Adoption of the amended Grants Donations and Community Sponsorship Policy and Endorsement of the Sport Grants and Donations Policy

Strategic Objective	Healthy, Inclusive, Engaging Promote a harmonious community that celebrates its diversity
File Ref	405998.2023
Report By	Jacqueline Newsome - Coordinator Community Development
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

The Grants, Donations and Community Sponsorship Policy (the Policy) represents a comprehensive funding program to ensure community groups, individuals, and not-for-profit organisations can access funding opportunities to deliver projects and events that build community capacity, encourage participation, and elevate Liverpool as a great place to live work and visit. The Policy provides a fair and transparent framework for the facilitation of Council’s Grants, Donations and Community Sponsorship Program.

Several amendments were proposed for this Policy throughout 2023 to create a more robust and accessible grants program. This included changes to the Community Sponsorship, Community Grants, and Sporting Grants and Donations Programs. Specifically, these amendments included the separation of the Sporting Grants and Donations Programs from Council’s broader Grants, Donations and Community Sponsorship Policy to reflect the best and most responsive mechanism to applications for financial support by community groups, organisations and individuals.

The suggested amendments to the Community Sponsorship and Community Grants Programs have been incorporated into the existing Policy. To better reflect the expanded Sporting Grants and Donations Program, a separate policy has been created for this program.

RECOMMENDATION

That Council:

1. Adopt the amended Grants, Donations and Community Sponsorship Policy;

2. Endorse the new Sporting Grants and Donations Policy;

3. Place the Sporting Grants and Donations Policy on public exhibition for a period of 28 days; and

4. Following the exhibition period, receive a further report outlining any feedback or, if no significant community feedback is received, direct the CEO to adopt the Policy on behalf of Council.

REPORT

Background

Several amendments were proposed for this Policy throughout 2023 to create a more robust and accessible grants program. These amendments include:

· March 2023:

o Amend the Grants, Donations and Community Sponsorship Policy to allow Council to assess and approve retrospective funding for community events within a one-month timeframe from the date of the event.

· June 2023:

o Add further category to section 4. Grants Overview. The new category, number 10, to be Community, Health, Education and Arts category and allocate up to 10k for that category;

o rework the available funds in the Sporting Donations to be broader and increase the amount for sporting grants to individuals and report back to Council with a recommendation for amounts; and

o examine a points system to encourage businesses within the Liverpool LGA to open an office/business in the Liverpool LGA and report back to Council.

A report outlining these changes was submitted to the 30 August 2023 Council meeting, where it was recommended that Council:

· Expand the existing Community Grants Program to incorporate Community Education, Arts, Health and Wellbeing programs;

· Increase the funding available in the Community Grants Program from $5000 to $10,000 per application; and

· Support the recommendations from the Liverpool Sports Committee to amend the eligibility criteria and funding model for the Sporting Donations Program.

On point 3 the Council recommended further insight and discussion on the proposed changes to the Sporting Donations Program. This recommendation was subsequently discussed at the next Sports Committee meeting and further amendments proposed. These amendments were tabled at the October Governance Committee and received Council support to proceed.

Changes to Sporting Grants and Donations Policy

In examining the potential expansion of the Sporting Grants Program; it was identified that the grant-making processes and methodology of the Sporting Grants Program – including eligibility criteria, and the process of assessing and awarding grants is inconsistent with that of the broader Grants, Donations and Community Sponsorship Program. This may cause confusion for applicants and potentially limit applications to the Sporting Grants Program, as the Policy’s “General Eligibility” criteria may be interpreted as applying to the Sporting Grants Program, which is in fact not the case.

To circumvent this issue, and to better reflect the expanded Sporting Grants and Donations Program and its differences in eligibility and assessment criteria, it is recommended that the Sporting Grants and Donations Program be removed from the broader Policy and a standalone Sporting Grants and Donations Policy be created.

At the Governance Committee Meeting held 15 November 2023 a proposed change to the Sporting Donations programs was presented. The proposal sought to:

1. Support the Council Resolution from the meeting held July 2023 to review the financial support offered through the Sporting Donations Programs, and in doing so presented an amended model for financial assistance; and

2. Expand on the Sporting Donations program by establishing the Sports Affordability Program. The Sports Affordability program seeks to increase grassroots sporting participation by using funds available from within the operating budget to provide financial assistance to families that are living within the Liverpool LGA and experiencing financial hardship, and who seek to participate in a structured sporting program with a sporting club within the Liverpool LGA.

The recommendations proposed were supported by the Governance Committee for endorsement by Council.

Policy amendment

To reflect the feedback from the November Governance meeting, the following changes to the Grants, Donations and Community Sponsorship Policy have now been executed:

· Amendment of the Community Sponsorship Program to allow Council to assess and approve retrospective funding for community events within a one-month timeframe from the date of the event;

· Expansion of the Community Grants Program to incorporate Community Arts, Health, Education and Wellbeing Programs;

· Increase of funding available in the Community Grants Program from $5000 to $10,000 per application. To facilitate this increase, funds have been redirected from the Matching Grants Program, which is historically underutilised; and

· The removal of the Sporting Grants Program to allow a separate, standalone policy be created for this program. A copy of the proposed Sports Donations and Grant Policy that reflects both the increases in financial support contained within the Sporting Donations program and the establishment of the Sport Affordability Program is attached to this report.

Conclusion

The changes to the relevant programs have expanded the scope of projects which can be funded and highlight several key priority areas for funding, which align with Council’s Community Strategic Plan.

Further, the creation of a standalone Sporting Grants and Donations Policy provides greater access to and transparency of the Sporting Grants and Donations Program, which is intended to encourage an increased uptake of these grants and ultimately improve participation in sport and physical activity for Liverpool residents.

FINANCIAL IMPLICATIONS

The financial implications associated with this report have been included as part of Council’s existing budget considerations.

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

1. Grants, Donations and Community Sponsorship Policy

2. Sport Grants and Donations Policy

Ordinary Meeting

28 February 2024

Community & Lifestyle Report

COM 02

Grants Donations and Community Sponsorship Report

Strategic Objective	Healthy, Inclusive, Engaging Promote a harmonious community that celebrates its diversity
File Ref	029565.2024
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 $36,000 from the Community Grant Program, Matching Grant Program and Community Sponsorship Program.

RECOMMENDATION

That Council:

1. Endorses the funding recommendation of $15,000 (GST exclusive) under the Community Grant Program for the following projects:

Applicant	Project	Recommended
Indian Senior Citizens Society	ISCS Program 2024	$5,000
Association For Community Development Incorporated	Ramadan Shopping Festival	$5,000
Iraqi Australian University Graduate Forum Incorporated	International Women's Day-Accelerating Gender Equality through Economic Empowerment	$5,000

2. Endorses the funding recommendation of $11,000 (GST exclusive) under the Matching Grant Program for the following project:

Applicant	Project	Recommended
Preston Hornets Cricket Club	Whitlam Park Cricket Pitch Upgrade	$11,000

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

Applicant	Project	Recommended
Multicultural Festivals Australia Incorporated	Ramadan Eid Bazaar Festival	$10,000

REPORT

Community Grant Program

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

Applicant	Indian Senior Citizens Society
Project	ISCS Program 2024
Amount Requested	$5,000	Total Project Cost	$8,000
Location	Liverpool CBD, NSW 2170	Date	March 2024 to December 2024
About the Applicant	Indian Seniors Citizens Society (ISCS) is a multicultural community group with over 60 members from the Liverpool LGA. ISCS focuses on wellbeing programs for seniors experiencing social isolation through therapeutic group activities and events that encourage social connection and community participation.
Description	Objectives: In partnership with local service providers and health care professionals, ISCS aims to deliver a 12-month group program targeting social isolation within the Indian Australian Senior community. Through workshops and activities addressing physical and mental health and wellbeing, ISCS aims to see seniors in Liverpool reconnect, build friendships, and gently access assistance services. The program aims to: · Provide an opportunity for seniors to connect socially and engage in wellbeing activities to overcome social isolation; and · Educate and encourage seniors to access services that focus on issues that specifically affect seniors, including health, financial management, and elders abuse. Outcomes: · Improve social engagement and reduce social isolation amongst women in the Indian Australian community; and · Open pathways for Seniors to access medical and referral services that improve the quality of life.
Beneficiaries	· Liverpool LGA Seniors
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 Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 a), b) c), and d).

Applicant	Association For Community Development Incorporated
Project	Ramadan Shopping Festival 2024
Amount Requested	$5,000	Total Project Cost	$11,994.00
Location	Michael Clarke Recreation Centre, Carnes Hill NSW 2171	Date	30 March 2024
About the Applicant	Association for Community Development (ACD) is a volunteer-based organisation focused on fostering cohesion amongst community members. Founded by a group of immigrants who now call Australia home, ACD organises various multicultural events that celebrates Liverpool’s diversity and encourages cultural exchange.
Description	Objective: The Ramadan Shopping Festival 2023 is a cultural marketplace enabling local entrepreneurs and small businesses with an opportunity to promote their craftsmanship (traditional clothing, jewelry, and arts). The festival is free to attend and aims to promote business connections for local vendors while providing a social opportunity for the broader community to participate in a vibrant exchange of culture through stalls, food, and entertainment. Outcomes: · Increase community participation and promotion of Liverpool’s rich cultural diversity through a marketplace; and · Improve brand exposure and opportunities for small businesses and local entrepreneurs in the Liverpool LGA;
Beneficiaries	· Residents and multicultural groups of Liverpool LGA · Small businesses and local entrepreneurs
Assessment	Recommended for Funding - $5,000 The project aligns with the Community Strategic Objective 1 - Healthy, Inclusive, Engaging, Objective 3 – Evolving, Prosperous, Innovative, Strategic Objective 4 – Visionary, Leading, Responsible. Expected program outcomes 7.4.1 a), b) and c).

Applicant	Iraqi Australian University Graduate Forum Incorporated
Project	International Women's Day - Accelerating Gender Equality through Economic Empowerment
Amount Requested	$5,000	Total Project Cost	$12,000
Location	Casula Powerhouse & Art Centre, Casula NSW 2170	Date	10 March 2024
About the Applicant	The Iraqi Australian University Graduate Forum Incorporated (IAUGFI) is a non-for-profit community organisation which provides services to residents of the Liverpool and Fairfield LGAs and surrounding suburbs. The members of the organisation are volunteers, who will assist and support the local residents, new arrivals, refugees, and migrants to contribute to a harmonious and inclusive society. Programs are inclusive of cultural and educational activities such as Australia Day celebrations, International Women’s Day, HSC students award presentation, Refugee Week activities, and cultural & literature programs.
Description	Objectives: In celebration of International Women’s Day 2024, IAUGFI (in partnership with CORE and Settlement Service International) aims to deliver a community event focusing on ‘Accelerating Gender Equality through Economic Empowerment’. The event will be held at Casula Powerhouse Art Centre (CPAC) with a panel of inspiring women sharing advice around financial independence with women. The program also includes entertainment with cultural performances, and refreshments. Outcomes: · Increase participation of women in community activities and programs that promote social wellbeing and financial independence; · Enhance harmony and cross-cultural relations within a multicultural community (Liverpool LGA); and · Improve access to information that address economic empowerment and build social networks that build capacity.
Beneficiaries	· 1,000 attendees from Liverpool LGA and surrounding LGAs; and · 30 volunteers, working together in planning and delivering the activities.
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 Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 a), b) c), d), 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	Preston Hornets Cricket Club
Project	Whitlam Park Cricket Pitch Upgrade
Amount Requested	$11,000	Total Project Cost	$22,000
Location	Whitlam Park, 4 Recreation Place, Busby NSW 2168	Date	April 2024
About the Applicant	Prestons Hornets Cricket Club (PHCC) has been one of the largest sporting organisations in the Liverpool LGA for over 50 years. The club displays a strong passion for developing junior cricket players while maintaining sportsmanship and integrity. PHCC takes pride in its distinct membership with 22 junior teams and 11 senior teams comprising of male and female players from diverse backgrounds. PHCC is seeking funding for cricket pitch upgrades at Whitlam Park, a Council owned sporting field located in Busby.
Description	Objective: PHCC caters to over 200 members utilising the sporting field at Whitlam Park in Busby. Funding will be used to evenly resurface the existing synthetic cricket pitch and overcome water retention due to wet weather. The pitch upgrade aims to: · Provide a safer, more durable playing facility for members and sporting community; and · Improve club activity and continuity by reducing the number of ground closures due to extended wet weather through pitch and stump resurfacing with enhanced absorption. Outcomes: · Improve community infrastructure and beautification of sporting fields through cricket pitch surface upgrades; and · Providing greater access to sporting groups and experience social and physical wellbeing.
Beneficiaries	· Sports players, sporting community and residents/visitors.
Assessment	Recommended for Funding - $11,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible. Expected Matching Grant Program Outcomes 7.6.2 e), f) and g).

Community Sponsorship Program

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

Applicant	Multicultural Festivals Australia Incorporated
Project	Ramadan Eid Bazaar Festival
Amount Requested	$10,000	Amount Requested	$29,000
Location	Whitlam Leisure Centre Liverpool	Date	6 April 2024
About the Applicant	Multicultural Festival Australia Incorporated (MFAI) is a volunteer organisation delivering large scale cultural events in the Liverpool LGA. MFAI aims to bring a variety of key Southeast Asian and Fijian celebrations to the Liverpool LGA in an effort to boost broader community participation.
Description	Objectives: The Ramadan Eid Bazaar is a festival celebrating the traditional end of Ramadan. The festival is free to enter and open to the broader community to experience food from around the world, multicultural community stalls, family friendly entertainment and activities. The event will take place at the Whitlam Leisure Centre attracting tens of thousands of visitors to the Liverpool LGA. The event brings together community members from all backgrounds to engage in cultural exchange. Outcomes: · Increased involvement and engagement by communities in social activities that celebrate Liverpool’s cultural diversity; · Economic benefit to local small businesses and opportunity to showcase their goods and services; · Promote tourism into Liverpool through regional and national visitors; and · Promote Liverpool as a multicultural hub providing Council with promotional and publicity opportunities.
Beneficiaries	10,000 residents and visitors.
Assessment	Recommended for Funding - $10,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 2 - Livable, Sustainable, Resilient, and meets the Community Sponsorship funding priorities. Expected program outcomes 7.7.1 a), b), c), 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.

The budget allocation for the Community Sponsorship Program has now been exhausted for the 2023-2024 financial year. Any further successful applications received under Community Sponsorship will be supported through funds drawn from other grant programs for the remainder of this financial year.

COMMUNITY SPONSORSHIP
Budget	Balance	Recommended for funding in this report	Remaining
$100,000	971	$10,000	-$9,029
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$102,000	$21,439	$15,000	$6,439
MATCHING GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$200,000	$160,282	$11,000	$149,282
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report	Remaining
$75,000	$50,000	Nil	$50,000
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding in this report	Remaining
$477,000	$232,692	$36,000	$196,692

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

28 February 2024

Community & Lifestyle Report

COM 04

Community Forums

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	046444.2024
Report By	M'Leigh Brunetta - Civic & Executive Services Lead
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

The Community Forums (the Forums) are a key consultative mechanism for Council.

In the last quarter of 2023, Council conducted a series of community forums for the precincts Austral, Carnes Hill, Hoxton Park and Prestons, Warwick Farm / Liverpool, Wattle Grove Hammondville, Middleton Grange, Pleasure Point and Voyager Point, Edmondson Park, Ashcroft, Busby, Green Valley, Heckenberg, Hinchinbook and Sadleir .

These forums were an opportunity for the community to voice their concerns, ideas, and suggestions regarding their localised issues within their neighborhoods.

The Forums provide a platform for Council to engage with local communities and understand the perspectives and experiences to ensure effective governance and decision-making.

Council resolved at the 4 February 2024 meeting that:

Council brings a report back to the February Meeting with an update on actions taken on the issues raised at the Community Forums

This report outlines a summary of the key matters raised in each precinct and a Council response on matters to date.

Council will continue to value and integrate the insights gained from these forums, working collaboratively to bring about positive change that truly reflects the needs and aspirations of our community to better reflect Council’s ongoing commitment to flexible, responsive, and meaningful community engagement.

RECOMMENDATION

That the Council receive and note this report.

REPORT

Background

The Forums were established to provide a consultative mechanism where the Council could engage with the community on key issues and matters such as Council program and services, initiatives, and planning and development. The Forums provide a platform for residents to express their thoughts directly to the Council. They also provided an opportunity for external bodies, including state and federal government agencies, to engage with the Liverpool community.

In November/December, the Council conducted a series of community forums for the suburbs of Austral, Carnes Hill, Hoxton Park and Prestons, Warwick Farm / Liverpool, Wattle Grove Hammondville, Middleton Grange, Pleasure Point and Voyager Point, Edmondson Park, Ashcroft, Busby, Green Valley, Heckenberg, Hinchinbook and Sadleir.

These Forums were all driven by community feedback and requests for information about specific issues. They addressed known ‘hot button’ topics for residents based on previous conversations, social media posts and correspondence with Council.

The Forums was well attended, which represented a significant excellent return on investment and time by Council, and strengthens community engagement, as well as Council brand and reputation.

Council documented and has lodged feedback received and is committed to not only hearing but also acting upon, resolving issues, and ensuring that the community's concerns shape policies and initiatives.

In the first quarter in 2024, Council will conduct Forums in Chipping Norton/Moorebank, Cecil Hills, Wallacia, Greendale, Bringelly, Leppington, Kemps Creek, and Rossmore.

Council will then proceed to return to each precinct again to allow Council to report back to each precinct with information requested, as well as an update on action taken.

The returning Forums, will be in a structured program to allow:

· Council to update critical and strategic-based items, providing an opportunity for consultation with community on broad council projects and activities specific to their areas.

· Response presentation by Council Officers, driven by community feedback provided at the first round.

· Presentations by Council and/or other relevant stakeholders (such as Police, planning authorities, development updates) on ‘hot topics’ within the community if raised at previous session; and

· A ‘Q&A’ session with Councillors, and Council staff including networking opportunities before formal session commences.

Summary of Community Forums feedback

1. Summary – All Forums

Below is a summary of top issues raised across all Forms.

A	Potholes
B	General maintenance and amenity across the LGA
C	New Park and amenity in newly established and growth areas
D	Lack of communication and activities in local neighborhoods
E	Council responsiveness to action requests

2. Austral

	Issue or key themes	Council response
A	Pedestrian safety on Fifteenth Avenue	Council rangers continue to use discretion for vehicles parked on nature strip with rolled kerbs. A review of fines issued in these areas shows that all fines have been issued to heavy vehicles, streets with straight kerb or vehicles causing a safety issue. (Planning and Compliance)
B	Improved playgrounds/parks for children	Austral is a growing suburb that is transitioning from the once rural farmlands to urban residential precincts. Council includes a condition of consent on all developers to upgrade/implement pedestrian footpaths along all site frontages. This is the current mechanism being relied upon to facilitate the completion of the pedestrian network in this area. (Planning and Compliance) Based on the Masterplan currently being developed by Community Planning and at the consultation stage, Council will upgrade existing playground at Scott Park. It is anticipated that design will take 8 weeks, with site work to commence mid to late June 2024. (Operations)
C	Improved facilities at Craik Park	A Landscape Masterplan is being finalised for Craik Park to guide development and improvements over the next 10 years. A report will go to the March Council Meeting for Council’s to consider adopting the Landscape Masterplan and placing it on public exhibition.
D	Relocation of Austral Soccer Club	Council has supported the request from Austral FC to access Craik Park Two (2) nights per week to support the increases in player numbers. The long master planning for Austral FC is yet to commence. However, it is envisaged that once land acquisition plans are finalised Austral FC will be engaged as a primary stakeholder to ensure the facility needs meet the future vision of the Club. (Community and Lifestyle)
E	Fifteenth Avenue traffic issues – daily congestion	Fifteenth Avenue has been identified as a major route connecting Liverpool Council to the new Badgerys Creek Airport. As such, Transport for NSW has agreed and is in the process of upgrading Fifteenth Avenue to be a Fast Transit Corridor. Transport is currently finalising designs that will see additional lanes, and possible dedicated bus lanes. These upgrades are expected to improve the east-west movements and provide better connectivity to the state road network. (Planning and Compliance)
F	Footpath concerns – lack of connectivity	Austral is a growing suburb that is transitioning from the once rural farmlands to urban residential precincts. Council includes a condition of consent on all developers to upgrade/implement pedestrian footpaths along all site frontages. This is the current mechanism being relied upon to facilitate the completion of the pedestrian network in this area. (Planning and compliance) Council has proposed to provide temporary footpaths in Austral for the purpose of connectivity to key locations. (Operations)

3. Carnes Hill, Hoxton Park, and Prestons

	Issue or key themes	Council response
A	Update of delivery of Carne’s Hill Swimming and pool	In February an architect was selected for the Carnes Hill Aquatic Centre. A development application will be lodged in mid-2024. (Planning and Compliance)
B	Traffic management around Carnes Hill Precinct	Further clarification of the concerns is needed. In terms of development Traffic, Council reviews and endorses Construction Traffic Management Plans as well as Road Occupancy Permits which detail construction vehicle movements, appropriate times for these movements to occur and traffic management around the works. Council makes every effort to minimise the impacts of Construction activities on the local traffic network and keep the Community informed of relevant works. Current and future approved work activities can be located on Council’s Website via the E-Planning Portal. This will assist the local Community in making prior travel arrangements. (Planning and Compliance)
C	Council issued fines to residents living in areas with narrow streets	Council rangers continue to use discretion for vehicles parked on natures trip with rolled kerbing. A review of fines issued in these areas shows that all fines have been issued to heavy vehicles, streets with straight kerb or vehicles causing a safety issue. (Planning and Compliance).
D	Extra buses required along Kurrajong Road	The concerns have been forwarded to the Bus Service Provider, Transit Systems, who will investigate patronage data and determine if any changes are required to their routes or frequency. (Planning and Compliance)
E	Excessive speeding of vehicles along Kurrajong Road	The matter has been forwarded to Police and Crime Stoppers to undertake targeted enforcement and Community Education campaigns. The Community is encouraged to report any instances of poor driver behaviour to Crime Stoppers via their website. (Planning and Compliance)
F	Periodic street sweeping required Horningsea Park	At this stage, the street sweeping cycle for the area is within the range of 12 to 16 weeks. Periodic street sweeping is an essential part of our maintenance program to ensure the cleanliness of the community. We are continuously evaluating and optimizing our resources to address the needs of each neighborhood, including Horningsea Park. (Operations)

4. Warwick Farm / Liverpool

	Issue or key themes	Council response
A	Maintenance of parks and grass in Warwick Farm	Warwick Farm has a dedicated parks team to service the area – the team will address concerns raised via Customer Service. (Operations)
B	Rodents and snakes on vacant land at Orange Grove	Please provide the address so that Council can inform the relevant owner to clear the vegetation. (Operations)
C	Improved communication by Council to residents	Communications will be actively communicating in print (Liverpool Life), email (newsletters) and social media about Before/After’s on all in-community feedback (potholes, general maintenance, new parks etc.) Communications will continue to actively monitor, respond to and report on activities in local neighborhoods and in support of Council responsiveness to community comments via social media.
D	CBD Illegal waste and dumping including Light Horse Park and Squash land area	Action is being implemented. As a proactive step, we have already assigned dedicated staff to clean, maintain, and monitor the specified areas. This initiative has been incorporated into our ongoing program to ensure consistent oversight and timely resolution. (Operations)

5. Wattle Grove / Hammondville

	Issue or key themes	Council response
A	Update on current state - Hammondville Park Development Masterplan	A final masterplan design for Hammondville has been developed and is proposed to integrate it with the surrounding sporting facilities and maximise connections with the sporting recreation and open spaces. The Plan of Management Public hearing was conducted in December 2023 and exhibition of the Plan has closed. Further public consultation on a proposal to sell part of the site to Moorebank Sports Club will commence in February 2024.
B	Update on Marina development at Moorebank	The Georges Cove Marina development application (DA-611/2018) was approved in May 2021. Construction is currently underway. There is a planning proposal to enable high density residential development to be built alongside the marina. This would involve the construction of approximately 21 terraces and 319 apartments. In December 2023, Council endorsed this proposal to progress to the Department of Planning and begin community consultation. Currently Council is working with the proponent and state agencies to resolve flooding issues in relation to this proposal. (Planning and Compliance)
C	Building compliance, land clearing	Compliance matters and land clearing are currently under investigation by Council. (Planning and compliance) Wattle Grove Youth Centre, building bathroom compliance works are planned in 2023/24 program year. (Operations)
D	Presentation and maintenance of roundabouts in Wattle Grove	Wattle Grove has a dedicated team to service the area – the team leader has a lot of interaction with the community and will address concerns raised via Customer Service. Compliance matters and land clearing are currently under investigation by Council. (Operations)
E	Nuwarra Road roundabout and heavy vehicle access	Heavy Vehicle Access: Council has approved the implementation of a 5Tonne load limit along Nuwarra Road. Transport for NW is currently working with the National Heavy Vehicle Register (NHVR) to reclassify the road and update their database prior to the installation of the relevant signage. This is anticipated to be complete within the next 6-8 weeks (by the end of March 2024) RAB: The RAB at Nuwarra Road and Marshall Avenue was installed to facilitate equitable access for vehicles exiting Marshall Avenue. The priority along Nuwarra Road has been observed to remain indicating that vehicles exiting Marshall Avenue generally are able to do so once traffic completely passes, or when vehicles are required to queue on the eastern leg of Nuwarra Road due to traffic ‘banking up’ from the traffic signals. In this regard the RAB is not identified as creating any additional traffic flow implications. (Planning and Compliance)
F	Parking issues at Walder Road Medical Centre	The car park at the Walder Rd Medical Centre was recently completed with observations by observations indicate that vehicles visiting the centre are well accommodated. Any complaints received by Council regarding illegal parking on Council roads are attended to by Council rangers with enforcement action taken. The car park at the Walder Rd Medical Centre was recently completed with observations by observations indicate that vehicles visiting the centre are well accommodated. Any complaints received by Council regarding illegal parking on Council roads are attended to by Council rangers with enforcement action taken. (Planning and Compliance)

6. Pleasure Point and Voyager Point

	Issue or key themes	Council response
A	DA’s and planned zoning in Voyager Point	The residential development potential in Voyager Point has nearly been reached. There remains only one undeveloped parcel west of The Avenue between the rail line and Heathcote Rd. A Development Application (DA-1056/2017) was approved in January 2020 to create 31 residential lots. No zoning changes are planned for Voyager Point. (Corporate Services)
B	Lack of transportation in the area including bus route/services	The concerns have been passed on to the Bus Service provider, Transit Systems, to consider the need for additional services in the area. (Planning and Compliance)
C	Events and community facilities – lots in CBD but require activation in neighborhoods	In 2023, Council established family fun-days that are delivered monthly in rotating suburban locations across the LGA. An activation is scheduled for Voyager Park, Voyager Point on 6 April. Promotion of these has been largely across Council’s social media channels, with a targeted letterbox drop for residents in proximity of the park or reserve within the month prior to its scheduled activation. (Community and Lifestyle)
D	Pedestrian amenity and safety – footpath maintenance	Council has recently completed several concrete footpath maintenance works in Voyager Point. Furthermore, residents are encouraged to contact Council with details of any defects on the footpath. Council can then inspect the footpath, prioritise repair works based on the severity of defects, and carry out the repairs according to the priority program. Meanwhile, if any areas are deemed unsafe, the maintenance crew will make them safe and maintain them in a safe condition until permanent repairs have been completed. (Operations)
E	Maintenance of trees, parks, and habitat	Post November meeting several issues were raised mostly relating to Trees, multiple CRMS have been addressed. 1550166 1550157 1550149 Matt M attending forum tonight 15/02/2023 at Voyager point. (Operations)

7. Middleton Grange

	Issue or key themes	Council response
A	Traffic issues, and transport infrastructure needed urgently (pedestrian safety and speed bumps/traffic calming)	(The community is encouraged to e-mail the Council with the locations of concern. Staff can then review and determine appropriate actions. (Planning and Compliance)
B	Increased police patrols – pedestrian safety	Police Patrols: The matter has been forwarded to the Police with a request to provide additional patrols. A greater police presence has been noted to deter poor driver and pedestrian behaviour. Pedestrian Safety: The community is encouraged to e-mail the Council with the locations of concern. Staff can then review and determine appropriate actions. (Planning and Compliance)
C	Southern Cross Drive renaming	A Council report was considered at the December 2023 Council meeting where a decision was deferred to “conduct door knocks of homes affected by the proposal”. This occurred on 8 February. A Council report will be considered at the March Council meeting to determine whether to rename this stretch of road and what name is to be used. (Planning and Compliance)
D	Lack of community facilities – community hall and hiring facilities	Middleton Grange does not currently have a dedicated community facility. A community facility was originally earmarked in the yet to be built town centre site in open space directly west of the existing primary school.
E	Update on Town Centre and zoning, density and allocation of social housing (too high)	The Middleton Grange Town Centre was rezoned under Amendment 63 of the Liverpool Local Environmental Plan 2008 (LEP). Amendment 63 came into effect on 1 November 2022. There are no current plans for social housing within this development site. (Planning and Compliance)
F	Community infrastructure - Affleck Gardens and more shade/seating at water park	Affleck Garden Park is currently out to tender, closing at the end of February. It is anticipated that work will commence at the end of April 2024 and take fourteen (14) weeks to complete. (Operations)

8. Edmondson Park

	Issue or key themes	Council response
A	Traffic and pedestrian safety, slowing down vehicles	The Community is encouraged to e-mail Council the locations of concern. Staff can then review and undertake any necessary action. (Planning and Compliance)
B	Accessible public toilets needed	Council will investigate the feasibility of installing an accessible amenities facility at the corner of Falkner Way and Buchan Avenue as a part of its 2024/25 Capital Improvement plan. (Planning and Compliance)
C	Residents desire to see 5 – 10-year plans for the area (vision)	Edmondson Park is being developed under the current planning controls. These planning controls including the zoning and development standards applying to each part of the suburb will guide development over the next 5-10 years. For the Town Centre, both Landcom and Frasers Development have high density residential developments proposed. Council is working to ensure these developments are supported by sufficient community and traffic infrastructure. (Planning and Compliance)
D	Illegal dumping and hygiene risks	Action is being implemented. As a proactive step, we have already assigned dedicated staff to clean, maintain, and monitor the specified areas. This initiative has been incorporated into our ongoing program to ensure consistent oversight and timely resolution. (Operations)
E	Parks and community placemaking required, Council plans for growth	Council has been working on further open space land acquisition in Edmondson Park for the remaining district parks. Council has also been working with the developers to plan and deliver additional functional open space with playgrounds, passive spaces, and recreational facilities.

9. Ashcroft, Busby, Green Valley, Heckenberg, Hinchinbrook, Sadleir

	Issue or key themes	Council response
A	No lights at Gard Park, Ashcroft, and requesting outside gym area	Council is liaising with Endeavour Energy to determine what requirements should be met for the implementation of lighting in these locations. The process can take between 3-6 months to obtain approval and further implement any approved lighting design. Community patience is appreciated whilst Council progresses this matter. (Planning and Compliance)
B	Flooding at Mannix Park Basin creating damage to resident’s homes	Council’s maintenance crew has re-formed the table drain along the back fence of the properties that had silted over time and cleared the drainage pits in Mannix Park. There are multiple stormwater pipes discharging water from Mannix Park onto the stormwater pipe network in Strickland Crescent. Inspection and cleaning of these pipes have been included in the maintenance program and will be carried out as soon as possible. (Operations)
C	Graffiti on shops along Celebration Road	Facilities will have this clean up this morning 15/2/24. (Operations)
D	Handrail request for 50m outdoor pool at Michael Wendon Centre	Investigation and design underway, works are planned to be completed by June 2024. (Operations) Council has undertaken a review of access entry to the 50m pool and has in doing so has: 1. Engaged International Quadratics to customise and install three (3) handrails to assist with entry to the 50m pool from the beach access points. These rails are currently being fabricated for a March 2024 installation. 2. Engaged Para Mobility to design, fabricate and install customized easy access steps that will support access into the 50m pool from the shallow end. These steps will be implemented in March 2024 (Community and Lifestyle).
E	Potholes along Gabo Road, Bobbin Road and Spica Street, Sadlier	The road pothole patching crew will inspect and repair potholes as required. Any isolated road failures will be included in the maintenance program, and repairs will be carried out to ensure the road remains in a safe condition for the public and motorists. (Operations)

FINANCIAL IMPLICATIONS

Community Forum delivery budget has been included in Council’s budget for the current year and long-term financial plan.

Matters raised for action because of the Forums are applied as follows:

· Council operational matters to be addressed within operational budget and delivery.

· Matters outside Council operational scoped to be referred to the appropriate authority.

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. Foster neighborhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles, and decision-making processes. Deliver services that are customer focused.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

28 February 2024

Corporate Support Report

CORP 01

Amendment to Civic Expenses and Facilities Policy

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	021438.2024
Report By	David Day - Head of Governance
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

Council’s Civic Expenses and Facilities Policy provides for an allowance to be paid to Council Panel members and alternates who attend meetings of the Sydney Western City Planning Panel. The Policy currently provides for the following in paragraph 4.8.2:

f) Attending the Sydney Western City Planning Panel meeting in person or online has an allowance of $1,100 (includes GST) per meeting to a maximum of $1,100 per day.

g) Alternate Council members attending the Sydney Western City Planning Panel meeting in person or online as understudies have an allowance of $275 (includes GST) per meeting.

The purpose of this report is to seek Council’s support to maintain the daily cap on the fee paid to members who attend meetings of the Sydney Western City Planning Panel and to introduce such a cap on the fee paid to alternate panel members who attend Sydney Western City Planning Panel meetings for learning purposes.

RECOMMENDATION

That Council:

1. Endorse the draft ‘Civic Expenses and Facilities Policy’ at Attachment 1 for public exhibition for a period of not less than 28 days.

2. Agree that if no submissions are received, then the publicly exhibited policy should be adopted, subject to any non-significant amendments that the CEO may authorise.

3. Note that any submissions on the proposed policy will be reported to a subsequent meeting of Council.

REPORT

Council has made several amendments to its Civic Expenses and Facilities Policy to provide for allowances to be paid to Council Panel members and alternate Council Panel members who attend Sydney Western City Planning Panel meetings. These amendments are summarised as follows:

June 2021	Provision for a payment of $600 to Council Panel members who attend a Sydney Western City Planning Panel meeting
August 2022	Provision for a payment of $1,100 to Council Panel members who attend a Sydney Western City Planning Panel meeting with a maximum daily limit of $1,100
June 2023	Inclusion of a payment of $275 per meeting for Alternate Council members who attend a Sydney Western City Planning Panel meeting

The daily cap on allowances for members attending the Sydney Western City Planning Panel was introduced because:

1. The Sydney Western City Planning Panel may deal with more than one development application on a day.

2. Each application that the Panel deals with is considered to be a separate meeting, even though they occur on the same day and may be separated only by a short break, for example of 15 minutes.

3. Council considered that an allowance of $1,100 was sufficient remuneration for a Councillor to attend at the Sydney Western city Planning Panel on a given day, rather than allowing multiple allowances of $1,100 for each meeting.

At its meeting on 26 April 2023, Council was asked to agree amendments to the Civic Expenses and Facilities Policy to retain the $1,100 allowance for Councillors to attend the Sydney Western City Planning Panel and to introduce an additional allowance of $275 for alternate Councillor members of the Sydney Western City Planning Panel to attend meetings as understudies. There was no reference in the proposed resolution to a daily cap on the allowance, either for Councillors attending as members or alternates attending as understudies. Council agreed the requested resolutions.

Following the Council meeting of 26 April 2023, the Civic Expenses and Facilities Policy was publicly exhibited with the following allowances in paragraph 4.8.2:

f) Attending the Sydney Western City Planning Panel meeting in person or online has an allowance of $1,100 (includes GST) per meeting to a maximum of $1,100 per day.

g) Alternate Council members attending the Sydney Western City Planning Panel meeting in person or online as an understudies has an allowance of $275 (includes GST) per meeting.

There were no submissions received and the Civic Expenses and Facilities Policy was adopted with the above allowances. The Policy thus retains a daily cap on the allowance payable to members attending the panel but has no daily cap on the allowance payable to alternates attending the Sydney Western City Planning Panel.

Council is asked to agree to maintain the daily cap on the fee paid to members who attend meetings of the Sydney Western City Planning Panel and to introduce such a cap on the fee paid to alternate panel members who attend Sydney Western City Planning Panel meetings for learning purposes. If Council agrees to this position, the Civic Expenses and Facilities Policy will be publicly exhibited with the following allowances in paragraph 4.8.3:

f) Attending the Sydney Western City Planning Panel meeting in person or online has an allowance of $1,100 (includes GST) per meeting to a maximum of $1,100 per day.

g) Alternate Council members attending the Sydney Western City Planning Panel meeting in person or online as understudies has an allowance of $275 (includes GST) per meeting to a maximum of $275 per day.

There are no other amendments proposed to the Civic Expenses and Facilities Policy

FINANCIAL IMPLICATIONS

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

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Environmental Planning and Assessment Act 1979 Section 220(1) of the Environmental Planning and Assessment Act 1979, together with clause 14 in Schedule 2 to the Act, provide that a member of a planning body (other than a full-time member of the Independent Planning Commission) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member. The Minister wrote to councils in July 2009 advising that they were free to determine the fees paid to councillor members of Sydney District and Regional Planning Panels, subject to considering the following when setting fees: · Council staff members: No fees should be paid, as participation in the Sydney district Planning Panels would form part of the employee’s regular duties, consistent with the Department of Premier and Cabinet Guidelines for NSW Board and Committee Members: Appointment and Remuneration (‘the DPC Guidelines’) on payment to Public Sector Employees. · Elected Councillors receive an annual fee set by the Local Government Remuneration Tribunal each year for performing their councillor duties. The additional per meeting fee is in recognition that membership of the Panel will bring additional responsibilities. · Community members: Each council may determine an appropriate level of remuneration for that person, by arrangement with that member, but that a meeting fee not exceeding $1435 should be considered as a guide when determining appropriate remuneration rates. This is commensurate with the fee proposed for State appointed members. The Department has confirmed that the letter was sent (a copy of the letter has not been located in Council) and that the advice provided in 2009 remains current. The Department further advised that Councils are also advised to refer to the DPC Guidelines when calculating travel and subsistence allowances for their nominees.
Risk	The risk is deemed to be low and is considered to be within Council’s risk appetite.

ATTACHMENTS

1. Draft Civic Expenses and Facilities Policy

Ordinary Meeting

28 February 2024

Corporate Support Report

CORP 02

Public Interest Disclosures Policy

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	031090.2024
Report By	David Day - Head of Governance
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

The Public Interest Disclosures Act 2022 (PID Act) took effect on 1 October 2023 and replaces the Public Interest Disclosures Act 1994 (NSW). The new legislation makes substantial changes to the framework in which public officials may report serious wrongdoing in the public sector.

Council is required to have a public interest disclosure policy that complies with the requirements of the PID Act. Council’s previous policy was called the Internal Reporting Policy. It is proposed that Council undertakes extensive consultation on the attached draft Public Interest Disclosures Policy, which substantially amends the previous Internal Reporting Policy and reflects both legislative requirements and the Ombudsman’s guidelines.

RECOMMENDATION

That Council:

1. Endorse the draft ‘Public Interest Disclosures Policy’ at Attachment 1 for public exhibition for a period of not less than 28 days.

2. Agree that if no submissions are received, then the publicly exhibited policy should be adopted, subject to any non-significant amendments that the CEO may authorise.

3. Agree that the Ethical Governance: Internal Reporting Policy be revoked upon adoption of the Public Interest Disclosures Policy.

4. Note that any submissions on the proposed policy will be reported to a subsequent meeting of Council.

REPORT

The PID Act makes changes to the framework in which public officials report serious wrongdoing in the public sector. Some of the key features of the new legislation are:

· differentiating between voluntary public interest disclosures (voluntary PIDs) and those made in response to an investigation or as part of a role or legal requirement;

· expanding the definition of public official to include a volunteer or a contractor or subcontractor providing services to Council or exercising Council functions;

· promoting a “speak up” culture in which public interest disclosure are encouraged;

· specifying that voluntary PIDs are made to disclosure officers identified by Council who must include the CEO and the most senior ongoing employee at each work site; and

· enhancing monitoring and reporting requirements.

The PID Act requires Council to adopt a public interest disclosure policy and specifies matters that the policy must contain. In accordance with the requirements of the PID Act, the proposed policy:

· identifies when a report will be a voluntary PID (section 8), giving relevant examples of serious wrongdoing, and describes how Council will respond (section 9);

· commits to acknowledging receipt of voluntary PIDs and to providing information to the makers of voluntary PIDs (section 9.1 and 9.7);

· acknowledges Council’s obligation to assess and minimise the risk of detrimental action as a result of voluntary PIDs being made and sets out a process for risk assessment and development of risk management plans (section 10);

· provides a process for dealing with allegations of detrimental action offence by or against a public official associated with Council (section 10.4);

· commits to maintaining confidentiality in relation to voluntary PIDs and protecting the identity of the makers of voluntary PIDs (section 10.3);

· states that Council will take appropriate corrective action in response to findings of serious wrongdoing or other misconduct (section 9.6);

· specifies that Council will securely keep full and complete records and provide annual returns to the Ombudsman (section 14);

· requires all PIDs to be reported to Council’s Governance team, which will provide support to disclosure officers and annual reports on compliance with the policy to the Audit Risk and Improvement Committee (section 14.3);

· describes the responsibilities imposed on the General Manager, managers, and disclosure officers by the Act (section 7);

· outlines the protections available to makers of disclosures (section 10.1)

· lists Council’s disclosure officers by position, name and class in the Attachment to the policy and provides contact information for those officers.

The NSW Ombudsman published guidance and training materials on the new PID Act. This includes a model policy to guide agencies in preparing policies in response to the Act. Council’s draft Public Interest Disclosures Policy is compliant with the Ombudsman’s Guidelines and promotes a “Speak Up Culture” in which public interest disclosures are encouraged.

Council will implement an eLearning module for disclosure officers and senior staff to ensure they understand their obligations under the PID Act. An awareness program will be developed and implemented following adoption of the Draft Public Interest Disclosures Policy, which includes:

· publication of the Policy on Council’s Internet and Intranet;

· messages to staff on key aspects of PIDs and Council’s Policy;

· updates to Council’s contract terms and conditions and information included in procurement documents.

FINANCIAL IMPLICATIONS

There will be an increase in the demand of existing staff resources in implementing the changes brought about by the new legislation, however it is proposed at this time, that they be met by the existing financial budget.

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	Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Public Interest Disclosures Act 2022 Council is required by section 42 of the PID Act to have a public interest disclosure policy that: · specifies Council’s procedures for dealing with matters identified in section 43(1) of the PID Act; · specifies the responsibilities of the CEO, disclosure officers and other managers; · includes information about the protections available to makes of voluntary PIDs and other PIDs; · prominently lists disclosure officers and how they can be contacted. Council must have regard to guidelines issued by the Ombudsman in preparing its public interest disclosure policy (PID Act, section 44). The policy must be published on Council’s Internet and Intranet (section 47). Council must take steps to ensure public officials associated with Council are made aware of: (a) how to make a voluntary public interest disclosure, and (b) Council’s public interest disclosure policy, and (c) the right of someone who is dissatisfied with the way in which a voluntary PID has been dealt to take further action (section 48). Council must ensure that training is provided to the CEO, disclosure officers and managers (section 48).
Risk	The risk is deemed to be Low.

ATTACHMENTS

1. Draft Public Interest Disclosures Policy

Ordinary Meeting

28 February 2024

Corporate Support Report

CORP 03

2023/24 - Quarter 2, Budget Review

Strategic Direction	Generating Opportunity Meet the challenges of Liverpool’s growing population
File Ref	034876.2024
Report By	Vishwa Nadan - Chief Financial Officer
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

Operating budget

The table below provides a summary of Council’s original 2023-24 operating budget and the revised operating budget as at 31 December 2023 (Q2).

In June 2023 the Council adopted its 2023-24 operating budget with estimated revenue of $379.3 million and expenditure of $250.8 million. In terms of the net operating result before grants and contributions provided for capital purposes, Council budgeted for an operating deficit of $3.7 million.

The proposed budget changes as part of Quarter 2 review will not change the projected operating deficit before grants and contributions for capital purposes. Details of budget adjustments are provided (Refer attachments 1 and 2 – Note D).

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

· That NSW Grants Commission will pay 100% of 2024-25 financial assistance grant in advance on or before 30 Jun 2024.

Capital budget

The table below provides a summary of Council’s original 2023/24 capital budget and the new revised capital budget as at 31 December 2023 (Q2).

The current Q2 review has resulted in a $7.45 million overall decrease to $328.5 million (Refer attachment 3 – Note E).

Unrestricted cash

On 1 July 2023, Council had an unrestricted cash balance of $25.6 million. This is projected to be $25.3 million by 30 June 2024 (Refer attachment 6).

Key financial indicators (refer attachment 7)

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

KPI	Indicator	Comment
Operating performance ratio		No material change. Requires Council to achieve a balanced budget before capital grants and contributions
Own source operating ratio		Council’s 56% is close to the benchmark of 60%
Debt service ratio

RECOMMENDATION

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

REPORT

Legislative requirements

Section 203(1) of the Local Government (General) Regulation 2021 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. This report provides an overview of the results on the financial review for the quarter ended 31 December 2023 (Q2).

Operating budget

In June 2023 the Council adopted its 2023-24 operating budget with projected revenue of $379.3 million and expenditure of $250.8 million. In terms of the net operating result before grants and contributions provided for capital purposes, Council budgeted for an operating deficit of $3.7 million.

A comprehensive budget review conducted for the quarter ending 31 December 2023 (Q2) has resulted in $8.3 million net operating deficit before grants and contributions for capital purposes. A summary of the required adjustments is detailed in Attachment 2.

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

The review has resulted in a net $0.353 million (refer attachment 1 – Note A) decrease in total revenue, mainly attributable to the following:

Increases:

· $2.0 additional interest on investment holdings due to higher market rates;

· $1.4m anticipated growth related increase in property rates & annual charges;

· $1.0m forfeiture of engineering development bonds for works not completed by developers;

· $0.6m anticipated increase in Café Sales and mattress shredding income; and

· $0.5m anticipated capital gains on investments in FRN’s

Decreases:

· $5.2m capital grants resulting from variations in project delivery timelines and /or changes to funding arrangements

Total expenditure is projected to increase by net $4.9 million (Refer attachment 1 – Note B), mainly comprising:

Increases:

· $4.4 million interest on Civic Place loan expensed from Nov 2023 being practical completion of the base building; and

· $1.5 million depreciation on Civic Place base building completed in Nov 2023

Decreases:

· $1.3 million anticipated savings from disposal mattresses and other waste management initiatives.

· That NSW Grants Commission will pay 100% of 2024-25 financial assistance grant in advance on or before 30 Jun 2024.

Capital budget

As at 31 December 2023, Council has a capital expenditure program of $328.5 million as detailed in Attachment 3.

The Q2 budget review has resulted in a $7.45 million decrease to Council’s capital expenditure program (Refer attachment 1 – Note E), mainly comprising of:

Increases

· $14.2 million land acquisition for open spaces and community land

· $2.9 million land acquisitions for drainage purposes

Decreases

· $30.7 million various projects to be deferred to FY 2024-25

The year-to-date capital expenditure to 31 December 2023 was $112.5 million.

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

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

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

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

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

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

· Attachment 7 – Key Performance Indicators

· Attachment 8 - Consultancy and Legal Expenses

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

· Attachment 10 - City Development Fund and Environment Levy

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

CONSIDERATIONS

Economic	The revised budget net operating result before Grants and Contributions following Quarter 2 Budget Review and Council resolutions to 31 December 2023 will be a deficit of $8.4 million.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government (General) Regulation 2021, section 203 Local Government Code of Accounting Practice and Financial Reporting The responsible accounting officer (RAO) is required to provide a budget review statement complying with the Code not later than two months after each quarter's end, including – · revised estimate of income and expenditure for the year by reference to the statement of Council’s revenue policy in the operational plan; · RAO’s report on whether the Council’s financial position is satisfactory, having regard to the original estimate; and · remedial action if the position is not satisfactory.
Risk	The risk is deemed to be low. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. QBRS - Consolidated Financial Results

2. Operating Budget Adjustments

3. Capital Budget Adjustments

4. Grant Status Report - Applications

5. Grant Status Report - Received

6. Cash and Investment Report

7. Key Performance Indicators

8. Consultancy and Legal Expenses Budget Review Statement

9. Contracts and Other Expenses Statements

10. City Development Fund and Environment Levy Reserves

Ordinary Meeting

28 February 2024

Corporate Support Report

CORP 04

Investment Report January 2024

Strategic Objective	Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources
File Ref	035121.2024
Report By	Vishwa Nadan - Chief Financial Officer
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

This report details Council’s investment portfolio and its performance at 31 January 2024. Key highlights include:

· Council held investments with a market value of $372 million.

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

· The portfolio yield (for the year to January 2024) was 6 basis points below the benchmark (AusBond Bank Bill Index)

	AusBond Bank Bill Index (ABBI)
Benchmark	3.99%
Portfolio yield	3.93%
Performance below benchmark	-0.06%

· The current ABBI benchmark reflects RBA aggressive action to lift the cash rate. The portfolio performance, as expected, is below ABBI benchmark and this trend will continue until such time low-yielding investments mature.

· Year-to-date, Council’s investment income was $4.55 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 $399 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 Council’s 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 15.9 per cent of its portfolio in ADIs rated BBB and below.

RECOMMENDATION

That Council receive and note this report.

REPORT

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

Council’s portfolio

At 31 January 2024, Council held investments with a market value of $372 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 15.9 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, Council’s investment advisor 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 is valued at $399 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 RBA actions to aggressively 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 January 2024 was below the ABBI index by 6 basis points (portfolio yield: 3.93%; ABBI: 3.99%).

Comparative yields for the previous months are charted below:

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Performance of portfolio returns against budget

Year-to-date, Council’s investment income was $4.55 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	$6.23m	$9.34m	$3.11m
Fair value market movement	$0.00m	$1.44m	$1.44m
Total	$6.23m	$10.78m	$4.55m

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Economic outlook – Reserve Bank of Australia

The Reserve Bank of Australia has kept the official cash rate at 4.35 per cent in its meeting on 06 February 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 $4.55 million higher than the original budget at 31 January 2024.
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 January 2024

Ordinary Meeting

28 February 2024

Operations Report

OPER 02

Brickmakers Creek Master Plan

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	027971.2024
Report By	Jill Summers - Project Officer
Approved By	Jason Breton - Director Operations

Executive Summary

This report seeks Council’s endorsement of the Brickmakers Creek portion of the Woodward Place Master Plan.

On 27th October 2020 Council endorsed the Woodward Place Master Plan (File No: 263698.2020) for further agency and community engagements, with an action to provide a separate report to Council for the Woodward Place Master Plan adoption.

Since then, Brickmakers Creek was announced as a recipient of the Western Sydney Infrastructure Grant Program (WSIGP), (formerly WestInvest), with a requirement to deliver the project by 30 September 2027.

Project planning for Brickmakers Creek is under way. To satisfy the terms of the WSIGP funding Deed and to progress with project development, this report is seeking Council endorsement of the Brickmakers Creek portion of the Woodward Place Master Plan.

Community engagement took place resulting in an updated master plan in 2021 that supersedes the previous 2020 master plan. The Woodward Place Master Plan October 2021 is attached to this report for Council’s information.

Following Council endorsement, detailed design plans of Brickmakers Creek will be developed and presented to Council at Development Application (DA) stage.

RECOMMENDATION

That Council adopts the Brickmakers Creek portion of the Woodward Place Master Plan.

REPORT

BACKGROUND

On 27 October 2020 the Woodward Place Master Plan was submitted to Council. Council resolved to exhibit the plan for further agency and community engagements and requested the Master Plan return to Council for adoption.

The revitalisation of Brickmakers Creek is a project within the Woodward Place Masterplan. The project envisions Liverpool’s first regional play space and the naturalisation of Brickmakers Creek. It will deliver attractive open space, recreation, and water sensitive urban design. See the area of the project in relation to the whole site below.

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As a result of Amendment 52 of the Liverpool Local Environmental Plan, the population in Liverpool is substantially increasing, creating demand for quality green and open space. The growing city centre will have a residential density similar to Pyrmont (at 154.3 persons per hectare) and there is currently an under-supply of social, cultural and recreational infrastructure to service the needs of the population.

Woodward Park is a heat island with little greenery, with asphalt for parking and netball courts, and Brickmakers Creek - a concrete drain. Heat island measurements from the park found it is hotter than the nearby CBD.

The Brickmakers Creek revitalisation project aims to transform the existing concrete drain and surrounding bare earth to restore the natural vegetation, add a water retention basin, reinstate a naturalised creek, and plant 1,000 more trees alongside native landscaping to provide amenity and help cool the parkland setting while providing active open space to city dwellers in the summer. The project will establish new trees and indigenous plants, within a naturalised creek, utilising water sensitive design treatment systems for the park. See below.

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In addition, the project will deliver a new regional play space which will be designed to cater for multi-generational and multicultural groups. The play space will include a sensory garden, water play and adventure equipment within a water-sensitive urban designed environment.

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Considerable community engagement has been undertaken for the master plan, including engagement with First Nations knowledge holders, local community members, the local Youth Leadership Council and Councillors through the following forums:

· Liverpool City Centre Public Domain Master Plan, 2020. Priority needs captured:

− Lit walkways

− Evening exercise

− Utilise creek

− Sculptures

− Trails

· Design Jam No. 2 - Aboriginal Stakeholder Engagement Design Jam, 2021. Priority needs captured:

− Place for cultural education/exchange

− Indigenous gardens

− Ceremonial garden with views – ancient and contemporary cultures, all-inclusive ongoing custodianship – Indigenous Rangers Elders to create scar trees, guided tours

− Places for groups to sit/picnic, toilets, accessibility

− Play and educational space for children with connection to Country

· Survey WestInvest – Improving Liveability in Liverpool, 2020. Priority needs captured:

− Better parks

− Cycleways

− Walkways

· Woodward Park Councillor design Workshop, 2020. Priority needs captured:

− Connecting the site with the Central Business District

− A lively, activated site, engaged by the public

− Multi-purpose usage onsite

· Youth Parliament Consultation Workshop, 2021.

The community’s input was incorporated into the revised Woodward Place Master Plan October 2021 and feeds into the conceptual design of Brickmakers Creek.

The adoption of the Brickmakers Creek portion of the Woodward Place Master Plan 2021 will allow Council to progress with the project delivery of Brickmakers Creek and meet the requirements of the WISGP Deed for Brickmakers Creek. It will continue the community momentum generated by the co-design and master plan work of the past four years which engaged with hundreds of residents and many community groups.

A further report will be brought to the Council which details the concept design of Brickmakers Creek at Development Application stage.

FINANCIAL IMPLICATIONS

There are no financial implications for Council in adopting the Brickmakers Creek portion of the Woodward Place Master Plan 2021, as the project is funded by the Western Sydney Infrastructure Grants Program.

CONSIDERATIONS

Economic	The financial impacts are outlined in the report above.
Environment	Protect, enhance and maintain areas of endangered ecological communities and high-quality bushland as part of an attractive mix of land uses.
Social	Deliver high quality services for children and their families.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Deliver services that are customer focused.
Legislative	Local Government Act 1993
Risk	The risk to the project is considered low if Council adopts the Brickmakers Creek portion of the revised master plan. If Council chooses not to adopt the recommendation, the risk is considered high as the project cannot adhere to its timelines and proceed in accordance with the conditions of the funding Deed.

ATTACHMENTS

1. Woodward Place Masterplan September 2021 (Under separate cover)

Ordinary Meeting

28 February 2024

Operations Report

OPER 03

Liverpool Growth Centre Biodiversity Offset Strategy for Water Cycle Management Infrastructure

Strategic Objective	Liveable, Sustainable, Resilient Manage stormwater and drainage infrastructure to mitigate risk to the environment and the community
File Ref	039751.2024
Report By	Maruf Hossain - Coordinator Floodplain and Water Management
Approved By	Jason Breton - Director Operations

Executive Summary

The Department of Planning and Environment (DP&E) (now Department of Planning, Housing and Infrastructure) developed a Water Cycle Management Strategy (WCMS) for Austral, Leppington North and East Leppington precincts. The purpose of the WCMS was to mitigate the adverse impacts of flooding resulting from development of lands in these areas. However, there was inconsistencies between the NSW Government’s mapping. Whilst the footprints of the basins and drainage channels are zoned SP2 in the Precinct Plan, the biodiversity certification of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 did not certify the entire extent of the required infrastructure. Some of these non-certified areas were also mapped as Existing Native Vegetation (ENV) under the SEPP, resulting in the application of strict clearing controls.

To address the issues outlined above, Council officers held extensive discussions with the Department of Planning and Environment (DP&E). Given the issue is caused by inconsistencies between Growth Centres SEPP maps and the Biodiversity Certification map, Council requested the Department to revise the biodiversity certification maps for Austral, Leppington North and East Leppington precincts, to allow for the construction on the required stormwater infrastructure. The Department declined Council’s request, advising that all Growth Centre Councils and State agencies are required to offset infrastructure works that impact on ENV, in accordance with the associated Biodiversity Certification Order.

To comply with the requirements of offsetting ENV, Council engaged expert consultancy firm Eco Logical Australia (ELA) to develop a Biodiversity Offset Strategy (BOS).

The offset strategies considered were as follows:

1. Protection and management of ENV, within Liverpool LGA;

2. Revegetation of ENV in riparian corridors, within the Liverpool LGA;

3. Purchase of biodiversity credits generated from ENV, elsewhere in the Growth Centres; and

4. Protection of ENV on certified land in other precincts, that have not yet been released.

It was found that the purchase and retirement of biodiversity credits from a stewardship site within the Growth Centres would be the most cost-effective offset strategy. It’s proposed that the required 31 credits would be generated by the Middleton Grange stewardship site, which is managed by the Western Sydney Parklands Trust (WSPT). The Department of Planning, Housing and Infrastructure has accepted this offsetting method.

As such, it is recommended that Council adopt the recommended offset strategy and allocate funding for the purchase of 31 credits from the WSPT to facilitate the delivery of the required stormwater infrastructure. The quoted price for WSPT credits is $35,000 per credit, with a total cost of $1.085M for the required 31 credits.

The impact of not purchasing the credits is also outlined within this report.

RECOMMENDATION

That Council:

1. Adopt the offset strategy of purchasing biodiversity credits from a stewardship site within the Growth Centres;

2. Authorise Director Operations to finalise an agreement with the Western Sydney Parkland Trust for the purchase of the credits;

3. Allocate funds for the purchase of the credits from the WSPT; and

4. The CEO writes to the NSW Minister for planning seeking compensatory funding or another means of assistance to reduce Council’s financial burden in relation to off-sets.

REPORT

1. Background and context

As part of the development of the Precinct Plans for Austral, Leppington North and East Leppington, the Department of Planning and Environment (DP&E) developed a Water Cycle Management Strategy (WCMS) to mitigate adverse impacts of flooding and improve water quality. Among others, the WCMS involves construction of twenty two (22) flood detention basins, raingardens and associated trunk drainage channels. Whilst the footprints of the basins and drainage channels are zoned SP2 in the Precinct Plan, the biodiversity certification of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 did not certify the entire extent of the required infrastructure. Some of these non-certified areas were also mapped as Existing Native Vegetation (ENV) under the SEPP, resulting in the application of strict clearing controls.

The area of non-certified land affected by the proposed stormwater infrastructure is 5.46 hectares. The location of stormwater infrastructure within ENV mapped land is shown in Figure1 below.

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Figure1: Austral and Leppington North – Affected Existing Native Vegetation Area Plan

The Department declined Council’s request, advising that all Growth Centre Councils and State agencies are required to offset infrastructure works that impact on ENV, in accordance with the associated Biodiversity Certification Order.

Subsequently, Council has explored the option of relocating the proposed stormwater infrastructure outside the ENV protection area. However, this option was found to be technically difficult due to the topography of the area to meet hydraulic requirements and cost prohibitive due to the high land value of adjacent biodiversity certified lands, as they are zoned for residential development. The offsetting requirements are therefore considered necessary to facilitate the delivery of the required stormwater infrastructure.

2. Potential Offset Options

To comply with the requirements of offsetting ENV, Council engaged expert consultancy firm Eco Logical Australia (ELA) to develop a Biodiversity Offset Strategy (BOS).

The offset strategies considered were as follows:

1. Protection and management of ENV, within Liverpool LGA;

2. Revegetation of ENV in riparian corridors, within the Liverpool LGA;

3. Purchase of biodiversity credits generated from ENV, elsewhere in the Growth Centres; and

4. Protection of ENV on certified land in other precincts, that have not yet been released.

Approaches for securing offsets at potential sites within the Growth Centres were investigated, and an optimal offset approach recommended. It was found that the purchase and retirement of biodiversity credits from a stewardship site within the Growth Centres would be the most cost-effective offset strategy. This offsetting method meets the requirements of the Biocertification Order for the Growth Centres SEPP as well as clause 18A of the Growth Centres SEPP (now clause 3.24 of the Western Parkland City SEPP). The Department of Planning, Housing and Infrastructure has accepted this offsetting method.

As such, it is recommended that Council adopt the recommended offset strategy and allocate funding for the purchase of 31 credits from the Western Sydney Parkland Trust (WSPT) to facilitate the delivery of the required stormwater infrastructure. The quoted price for WSPT credits is $35,000 per credit, with a total cost of $1.085M for the required 31 credits.

3. Impacts of Not Delivering ENV Offset

Not delivering the offsetting may not be in accordance with the following:

A. Clause 3.24 of the State Environmental Planning Policy (Precincts—Western Parkland City) 2021, which requires Council to take into consideration the response received from the Department of Planning Housing and Infrastructure.

B. May also be considered a breach of the Council’s duty to consider environmental impacts under s5.5 of the Environmental Planning & Assessment Act 1979.

C. The conditions of the biocertification order associated with the State Environmental Planning Policy (Sydney Region Growth Centres) 2006, which may trigger the minister issuing required actions to rectify the failure to comply with the approved measures under s8.13 of the Biodiversity Conservation Act 2016.

Furthermore, if Council delays purchasing these credits there is a high likelihood that credits may not be available for purchase, and/or the cost to purchase them will be significantly higher, which will be an increased cost to Council.

FINANCIAL IMPLICATIONS

Costs associated with this recommendation are not included within Council’s current budget and long-term financial plan. To minimize the financial impact on Council, it is proposed to stage the purchase of the credits over four financial years, as they are required. Details are provided in the table below.

	2023/24	2024/25	2025/26	2026/27	2027/28
Operating budget / LTFP impact		$270,000	$270,000	$270,000	$275,000
Capital budget impact
Ongoing unbudgeted impact to opex from capital expenditure
Unbudgeted impact to unrestricted cash
Funding source		General Fund	General Fund	General Fund	General Fund

CONSIDERATIONS

Economic	Adopting the offset strategy and purchase of credits will have a financial impact on the Council. Other offsetting options were considered but were anticipated to be more expensive than the recommended option.
Environment	Providing the community with increased confidence in relation to flood mitigation and development of their properties. Ensuring that impacts to biodiversity are appropriately offset.
Social	Preserving and maintaining social welfare and minimising public risk, associated with floods.
Civic Leadership	Encouraging the community to engage in Council projects and initiatives.
Legislative	Ensuring compliance with the State Environmental Planning Policy (Precincts—Western Parkland City) 2021. Ensuring compliance with Relevant Biodiversity Measure 8 Order to confer biodiversity certification on the State Environmental Planning Policy (Sydney Region Growth Centres) 2006.
Risk	Ensuring the most accurate and up to date information is used, to responsibly protect existing native vegetation and mitigate adverse impacts of development.

ATTACHMENTS

Nil

Ordinary Meeting

28 February 2024

Committee Reports

CTTE 01

Minutes of the Liverpool Local Traffic meeting held on 31 January 2024

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	034504.2024
Report By	Charles Wiafe - Principal Transport Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

Item 2 of the agenda deals with the traffic aspects of the proposed new Edmondson Park High School, south of Buchan Avenue, Edmondson Park, adjacent to the recently opened Edmondson Park Public primary School. School Infrastructure NSW (SINSW) is managing the construction of the High School on behalf of the State Government.

The Committee previously provided comments on the proposed traffic facilities including additional marked pedestrian crossings, new bus zones, kiss and ride zones and a roundabout at the intersection of Buchan Avenue/East Road, for SINSW to address.

There are still outstanding issues to be addressed and the SINSW consultants have been requested to modify the designs and resubmit to the Committee.

Council is requested to approve the recommendations of the Committee meeting. A copy of the meeting minutes along with an Attachment Booklet are included in Attachments 1, 2 and 3.

RECOMMENDATION

Council approves Liverpool Local Traffic Committee recommendations for items 1-12 outlined in the Report.

REPORT

This report presents the recommendations from the Liverpool Local Traffic Committee meeting held on 31 January 2024. At the meeting, the Committee considered 12 Agenda Items and 14 General Business Items. A copy of the meeting minutes along with an Attachment Booklet are included in Attachments 1, 2 and 3

Item 1 - Request for Bus Zones along Moore Street, Liverpool and Airfield Drive, Len Waters Estate

· Recommendation: The installation of two bus zone signs along Airfield Drive, Len Waters Estate and a combined public/shuttle bus zone along Moore Street, Liverpool as shown in Attachments 1.1 to 1.3.

Item 2 – Edmondson Park High School – Proposed Traffic Facilities

· Recommendation: In-principle support a roundabout at the East Road and Buchan Avenue intersection, median island in Buchan Avenue fronting the school, parking bays along East Road and the parking restrictions along the northern side of South Road, as shown in the Attachment Booklet.

· Note: Additional proposed traffic facilities including cycle lanes will be resubmitted to a future LTC meeting for further consideration and support.

Item 3 – Hart Street, Warwick Farm – Request for timed parking restrictions

· Recommendation: In-principle support for a timed parking restriction (2P, 7.00AM - 6.00 PM, Mon-Fri) along the western side of Hart Street (between Remembrance Avenue and Lachlan Street), as shown in the Attachment Booklet.

· Recommendation: Council to carry out community consultation and present findings to a future LTC meeting. Timed parking restriction to be implemented subject to community support.

Item 4 – McKay Street, Moorebank – Proposed Indented Parking Bays

· Recommendation: Installation of 10 indented parking bays (within a localised road widening) with parking restrictions during school time (Mon-Fri 8.30-9.30am and 2.30-3.30), fronting Nuwarra Public School in McKay Avenue, as shown in the Attachment Booklet.

· Recommendation: Installation of 8 indented parking bays with 2P parking restriction along southern kerb side verge, behind the shopping center, as shown in the Attachment Booklet.

· Recommendation: Council to carry out community consultation prior to implementation.

Item 5 – Liverpool City Centre Special Event - Festival of Chariots

· Recommendation: In-principle support for Festival of Chariots Street parade through the Liverpool City Centre on 13 July 2024.

· Recommendation: classification of the street parade event as a Class 2 Special Event with the required associated conditions.

· Recommendation: Council to liaise with the event organisers, Police, and local bus companies to minimise traffic impacts of the event.

· Recommendation: Council to request organisers to update the Special Event Traffic Management Plan and submit to TfNSW for endorsement. Plan to include time management to minimise impact on traffic within the CBD, placement of Variable Messaging Signs, provision of information on Council’s website approximately 7-10 days prior to the event and possible changes to the route to minimise impact on bus services.

Item 6 - Twenty Seventh Avenue, Austral – Proposed Shared Path

· Recommendation: Localised road widening and sealing of the existing road shoulder and installation of a 3m shared path and associated signs and linemarking along the eastern side of Twenty Seventh Avenue, as shown in the Attachment Booklet.

Item 7 – Changes to Designated Heavy Vehicle Routes along Local Streets in the LGA

· Recommendation: decommissioning of the existing B-Double and PBS Class 2A routes and inclusion of new routes as pre-approved PBS Class 2A routes as indicated in Tables 1 and 2 of the meeting minutes.

· Recommendation: Council to request endorsement of the recommendation from TfNSW as part of the request to NHVR to update heavy vehicle maps.

· Recommendation: Council to publish the decommissioning and approved routes, including information on its website.

Item 8 – Grove Street and Hume Highway intersection, Casula – Revision of Approved Road Closure

· Recommendation: the road closure of Grove Street at its intersection with Hume Highway, whilst maintaining access to the adjoining IBIS Hotel driveway as shown in the Attachment Booklet.

· Recommendation: design for the road closure is to be submitted to TfNSW for its review prior to implementation.

· Note: subject to TfNSW endorsement of the required updated Transport Management Plan for the closure.

Item 9 – Edmondson Park Commuter Carpark Directional Signs

· Recommendation: installation of eight proposed Edmondson Park Commuter Carpark directional signs along sections of Buchan Avenue, Soldiers Parade, Henderson Road and MacDonald Road close to the Edmondson Park Town Centre, as shown in the Attachment Booklet.

Item 10 – Government Road, Hinchinbrook – Proposed Shared Path

· Recommendation: installation of a 3m wide shared path approximately 550m along the southern side of Government Road, a raised threshold and a marked pedestrian crossing with textured on-road bicycle path and associated signs and line marking scheme as shown in the Attachment Booklet.

Item 11 – Newbridge Road, Bridges Road to Lewins Bridge – Proposed Shared Path

· Recommendation: installation of a Shared Path along the northern side of Newbridge Road between Bridges Road to Lewins Bridge and associated signs and linemarking as shown in the Attachment Booklet.

Item 12 – Items Approved Under Delegated Authority

· Recommendation: Council notes the Approved Items Under Delegated Authority approved by the NSW Police Force and TfNSW representatives during December 2023 and January 2024

There are still outstanding issues to be addressed and the SINSW consultants have been requested to address and modify the designs and resubmit to the Committee for its support.

General Business Items

As indicated above, the Committee considered 15 General Business Items. Comments on the General Business Items with recommended actions are as follows:

GB1 - Request for Raised Threshold on the Fifteenth Avenue Approaches to Kingsford Smith and Second Avenue and Kingsford Smith Avenue and Flynn Avenue, Middleton Grange

Council would monitor traffic conditions at the two roundabouts after the above installations. After a period of six to nine months, if required the request for additional thresholds would be reassessed.

The outcome of the investigation be reported to a future LTC meeting.

GB2 – Hoxton Park Road into Maryvale Avenue, Liverpool – Request for No Left Turn into Maryvale Avenue during morning peak hours

Council would undertake traffic counts after the school holidays, if required a TMP would be prepared for a report to be presented to the March LTC meeting.

GB3 - Woodbrook Road, Casula – Update on Road Reopening

Council to note that at the meeting, Councillor Harle advised that the heavy vehicle is no longer parking in front of House No. 30 Napier Avenue and further investigation is not required.

GB4 - 48 Hill Road, Lurnea – Request to remove concrete bollard on the nature strip

Council’s maintenance team would be requested to remove the concrete block.

GB5 – Changes to concrete vehicle driveway standard affecting road safety

Council would review the changes with reference to its standard driveway design and provide a written response to Councillor Harle.

GB6 – Tenth Avenue, in front of Austral Public School, Austral - Request for Raised Marked Combined Crossing

Council would investigate and carry out pedestrian and traffic counts for a layout to be prepared and presented at the March LTC meeting.

The design is to investigate increasing Kiss and Drop along the section of Tenth Avenue fronting the school in consultation with SINSW.

GB7 – Buckland Road, Casula – Heavy Vehicle Parking

Council rangers have been requested to inspect the truck and enforce parking contrary to the road rule requirement.

Investigation would be carried out in consultation with TfNSW to identify whether a load limit would prohibit the truck movement and parking.

GB8 – 171 Elizabeth Drive, Liverpool - Traffic speeding

Council would request TfNSW to review and address the speeding and crash history concern along Elizabeth Drive.

GB9 – Maxwells Avenue and Devlin Street, Ashcroft - Traffic speeding

Council would carry out speed classification along Maxwells Avenue and Devlin Street and provide an update at a future meeting.

GB10 - Parking on Shepherd Street and Atkinson Street, Liverpool

Council would investigate whether parking restrictions are required to improve sight distance.

GB11 – Newcombe Place, Lurnea – Concern about on-street parking

Council will request Transit Systems to sign post the stop appropriately.

Council would investigate and consult with the resident to identify whether parking restrictions or enforcement are required to address their concerns.

GB12 – Request for roundtable discussion concerning speeding and illegal heavy vehicle movements/parking on the local road network

Council to organise a Roundtable discussion with stakeholders including the Police, TfNSW representatives (Road Safety, Mobile Speed Cameras and Network and Safety) and report the outcome to the March LTC meeting.

GB13 – Request for an update on the pedestrian crossing across Fourth Avenue in front of Unity Grammar College

Council to provide a written response to the Member for Leppington and a report to be presented to a future LTC meeting.

GB14 – Request for an update on the approved pedestrian crossing across Flynn Avenue in front of Thomas Hassell College

Council to provide a written response to the Member for Leppington and a report to be presented to a future LTC meeting.

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	Request for Bus Zones along Moore Street, Liverpool and Airfield Drive, Len Waters Estate	Funding – Block Grant Funding Indicative Cost – $5,000 Timing – May 2024
2	Edmondson Park High School – Proposed Traffic Facilities	Funding – SINSW funded. Indicative Cost – No cost to Council Timing – Dependent on SINSW’s construction program.
3	Hart Street, Warwick Farm – Request for timed parking restrictions	Funding – Block Grant Funding Indicative Cost – $5,000 Timing – May 2024
4	McKay Street, Moorebank – Proposed Indented Parking Bays	Funding – Council’s Capital Budget Program Indicative Cost – $65,000 Timing – December 2024
5	Liverpool City Centre Special Event - Festival of Chariots	Funding – Event Organisers Indicative Cost – No cost to Council. Timing – July 2024
6	Twenty Seventh Avenue, Austral – Proposed Shared Path	Funding – Council’s Capital Budget Indicative Cost – $150,000 Timing – May 2025
7	Changes to Designated Heavy Vehicle Routes along Local Streets in the LGA	No cost to Council
8	Grove Street and Hume Highway intersection, Casula – Revision of Approved Road Closure	Funding – Council’s Capital Budget Indicative Cost – Cost estimate to be prepared as part of the detailed design. Timing – Subject to funding allocation
9	Edmondson Park Commuter Carpark Directional Signs	Funding – TfNSW as part of the Edmonson Park Commuter Carpark Construction Indicative Cost – No Cost to Council Timing – Subject to TfNSW schedule
10	Government Road, Hinchinbrook – Proposed Shared Path	Funding – TfNSW Active Transport Grant Funding Indicative Cost – $355,000 Timing – June 2024
	Newbridge Road, Bridges Road to Lewins Bridge – Proposed Shared Path	Funding – TfNSW Active Transport Grant Funding Indicative Cost – $560,000 Timing – June 2024
	Items Approved Under Delegated Authority	Funding – TfNSW block grant to Council Indicative Cost – $2,000 Timing – January 2024

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. Minutes - Liverpool Local Traffic Committee Meeting - January 2024 (Under separate cover)

2. Attachment Booklet 1 of 2 - JAN 2024 LTC Meeting (Under separate cover)

3. Attachment Booklet 2 of 2 - JAN 2024 LTC Meeting (Under separate cover)

[1] Sydney Basin Koala Network, Fact Sheet Koalas in Liverpool (Feb 2023)

[2] Biolink Ecological Consultants (2023) Sydney Basin Koala Assessment

[4] State Environmental Planning Policy (Koala Habitat Protection) 2019 (pg.3)

[7] Liverpool Bike Plan 2018-2023 pg. 1

Planning Agreement	Execution Date	VPA Party	Monetary Contributions Paid ($)
VPA-20 Bernera Road, Prestons	24 October 2018	Apex Investments Group Pty Ltd	$84,129
VPA-31 55 Yarrunga Road, Prestons	18 March 2018	PSRE Prestons Pty Ltd	$137,797
VPA-46 14 Yarrunga Road, Prestons	11 February 2020	Gunlake Concrete Pty Ltd	$85,000
Total			$306,926

0
PLAN 01	Completion of Planning Agreements associated with development applications involving the Bernera Road Intersection Upgrade.
Attachment 1	VPA-20 Monetary Contributions Payment Receipt

0
PLAN 01	Completion of Planning Agreements associated with development applications involving the Bernera Road Intersection Upgrade.
Attachment 2	VPA-31 Monetary Contributions Payment Receipt

0
PLAN 01	Completion of Planning Agreements associated with development applications involving the Bernera Road Intersection Upgrade.
Attachment 3	VPA-46 Monetary Contributions Payment Receipt

0
PLAN 05	Quarterly Report - Clause 4.6 Variations to Development Standards
Attachment 1	Clause 4.6 Variation Register

Economic	Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues.
Environment	Support the delivery of a range of transport options.
Social	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision-making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2021
Risk	There is no risk associated with this report.

Economic	The following costs will be incurred per delegate: Registration: Approximately $1,000 per person. Accommodation: Approximately $350 per night per person. Meals: Approximately total of $350 for conference dinners on 2 and 3 July 2024. Note: Conference registration costs have not yet been released and are based on 2023 rates.
Environment	Raise community awareness and support action in relation to environmental issues. Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options.
Social	Raise awareness in the community about the available services and facilities.
Civic Leadership	Act as an environmental leader in the community. Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services.
Legislative	There are no legislative considerations relating to this report.
Risk	The risk is deemed to be low and is considered to be within Council’s risk appetite.

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CORP 03	2023/24 - Quarter 2, Budget Review
Attachment 4	Grant Status Report - Applications

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CORP 03	2023/24 - Quarter 2, Budget Review
Attachment 5	Grant Status Report - Received

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CORP 03	2023/24 - Quarter 2, Budget Review
Attachment 6	Cash and Investment Report

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CORP 03	2023/24 - Quarter 2, Budget Review
Attachment 7	Key Performance Indicators

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CORP 03	2023/24 - Quarter 2, Budget Review
Attachment 8	Consultancy and Legal Expenses Budget Review Statement

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CORP 03	2023/24 - Quarter 2, Budget Review
Attachment 9	Contracts and Other Expenses Statements

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CORP 03	2023/24 - Quarter 2, Budget Review
Attachment 10	City Development Fund and Environment Levy Reserves

Strategic Objective	Evolving, Prosperous, Innovative Continue to invest in improving and maintaining Liverpool’s road networks and infrastructure
File Ref	442616.2023
Report By	Jay Vaidya - Acting Manager Project Delivery
Approved By	Jason Breton - Director Operations

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OPER 01	Temporary Asphalt Footpaths - Austral, Leppington
Attachment 1	Temporary Asphalt Footpath Program

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CTTE 02	Minutes of the Companion Animals Advisory Committee meeting held on 5 December 2023
Attachment 1	Minutes of the Companion Animals Advisory Committee Meeting held on 5 December 2023

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CTTE 03	Audit, Risk and Improvement Committee minutes 2 February 2024
Attachment 1	ARIC minutes- 2 Feb 2024

Strategic Objective	Visionary, Leading, Responsible Position Council as an industry leader that plans and delivers services for a growing city
File Ref	047079.2024
Report By	Melissa Wray - Council and Executive Support Officer
Approved By	Tina Bono - Director Community & Lifestyle

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CTTE 04	Minutes of the Governance Committee meeting held on 13 February 2024
Attachment 1	Minutes of the Governance Committee Meeting held on 13 February 2024

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CTTE 05	Minutes of the Project Control Advisory Committee Meeting held on 13 February 2024
Attachment 1	Minutes of the Project Control Advisory Committee Meeting held on 13 February 2024