Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

National Anthem

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 27 March 2024..................................... 7

Declarations of Interest

Public Forum

Mayoral Minutes

Notices of Motion Of Rescission

NIL

Chief Executive Officer Reports

NIL

Planning & Compliance Reports

PLAN 01 Amending the State Environmental Planning Policy (Precinct- Western Parkland City) to secure industrial land in Austral. 48 1

PLAN 02 S3.22 Expedited Amendment for Middleton Grange Local Centre 57 2

PLAN 03 Draft Compliance and Enforcement Policy 65 3

PLAN 04 Post Door Knocking Report - Renaming of Street Sections Middleton Grange 87 4

PLAN 05 Draft Principal Planning Proposal to establish a new Liverpool Local Environmental Plan 123 5

PLAN 06 Investigation on the use Transport for NSW mobile speed cameras on Local Streets effective in the Liverpool LGA 141 6

PLAN 07 Planning Proposal to amend the Liverpool Local Environmental Plan

2008 at 146 Newbridge Road Moorebank - Georges Cove Village 176 7

PLAN 08 Re-exhibition of draft VPA 49 193 8

Community & Lifestyle Reports

COM 01 Report back to Council: Illegal Drug Issues in Liverpool 197 9

COM 02 Grants Donations and Community Sponsorship Report 204 10

Corporate Support Reports

CORP 01 Investment Report March 2024 212 11

Customer Experience & Business Performance Reports

NIL

City Futures Reports

CFD 01 Update Austral Park Masterplans - Craik Park and Scott Memorial Park 221 12

Operations Reports

OPER 01 Carnes Hill Recreational Precinct Stage 2 (CHRPS2) - Amended Sports Field Masterplan 240 13

Committee Reports

CTTE 01 Minutes of Community Safety and Crime Prevention Advisory Committee meeting held on 7 March 2024 265 14

CTTE 02 Minutes of Liverpool Access Committee Meeting held 14 March 2024 272 15

CTTE 03 Minutes of the Tourism and CBD Committee 27 February 2024 278 16

CTTE 04 Minutes of the Liverpool Local Traffic Committee Meeting Held on 20 March 2024 286 17

CTTE 05 Minutes of the Aboriginal Consultative Committee meeting held on 7 March 2024 292 18

CTTE 06 Minutes of the Governance Committee meeting held on 9 April 2024 300 19

CTTE 07 Minutes of the Project Control Advisory Committee Meeting held on 9 April 2024 313 20

Questions with Notice

QWN 01 Question with Notice - Clr Harle - Increase in illegal advertising at intersections along Hoxton Park Road 318 21

QWN 02 Question with Notice - Clr Harle - Vehicles parking on verges 319 22

QWN 03 Question with Notice - Deputy Mayor Macnaught - Nuwarra Road, Moorebank Resurfacing 321 23

QWN 04 Question with Notice - Clr Green - Addressing Trades Skills Shortage 323 24

Presentations by Councillors

Notices of Motion

NOM 01 WWI and WWII Honour Boards 326 25

NOM 02 Mayoral and Elected Officials Photo Display 328 26

NOM 03 ARC Project on Employment in South-West Sydney 330 27

Council in Closed Session

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

CONF 01 Transfer/Dedication to Council as Public Road - Pt Lot 100 in DP 1049508 Moorebank Avenue, Moorebank

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MINUTES OF THE Ordinary Meeting

HELD ON 27 March 2024

PRESENT:

Mayor Ned Mannoun arrived at 2.17pm

Councillor Ammoun

Councillor Goodman

Councillor Dr Green

Councillor Hadid OAM

Councillor Harle

Councillor Kaliyanda

Councillor Karnib (online)

Councillor Macnaught

Councillor Rhodes

Hon John Ajaka, Chief Executive Officer

Mr Farooq Portelli, Director Corporate Support

Ms Tina Bono, Director Community & Lifestyle

Mr Mark Hannan, Acting 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

Mr Charles Wiafe, Principal Transport Planner

Ms M’Leigh Brunetta, Civic and Executive Services Lead

Ms Melissa Wray, Councillor Executive and Support Officer

Ms Susan Ranieri, Coordinator Council and Executive Services

The meeting was opened by Deputy Mayor Macnaught and commenced at 2.05pm.

STATEMENT REGARDING WEBCASTING OF MEETING

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

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION

The prayer of the Council was read by Reverend Tim Booker from St Lukes Anglican Church.

NATIONAL ANTHEM

The National Anthem was played at the meeting.

COUNCILLORS ATTENDING REMOTELY

Clr Karnib has requested permission to attend this meeting via MS Teams.

Motion: Moved: Clr Kaliyanda Seconded: Clr Green

That Clr Karnib be granted permission to attend the meeting via MS Teams.

On being put to the meeting the motion was declared CARRIED. as rsted permission to attend this meeting via MS T

APOLOGIES

Nil.

CONDOLENCES

Nil.

Confirmation of Minutes

Motion: Moved: Clr Ammoun Seconded: Clr Rhodes

That the minutes of the Ordinary Meeting held on 28 February 2024 be confirmed as a true record of that meeting.

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

Declarations of Interest

Clr Harle declared an interest in the following item:

Item: CONF 03 – Legal Expenses

Clr Harle remained in the Chambers during the duration of this meeting.

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

Item: PLAN 01 - Street Naming - Prestons

Reason: As a private citizen he previously provided advice to the owner. The advice was a long time ago and Mayor Mannoun has no relationship with the owner.

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

Mayor Mannoun declared a non-pecuniary but significant interest in the following item due to content of report.

Item: CONF 03 – Legal Expenses

Mayor Mannoun retired from the meeting prior to this item and was not in the Chambers for the duration of this item.

Clr Ammoun raised a Motion of Urgency in regards to Grove Street, Casula due to community safety. Deputy Mayor Macnaught ruled the matter as urgent, however suggested that Council hear from the public forum speakers first, who are also speaking on this item and that the item be dealt with after that. Council agreed, to ensure community feedback was heard prior to making a formal decision on the matter.

Mayor Mannoun arrived at the meeting at 2.17pm and became the Chairperson.

Public Forum

Presentation – items not on agenda

1. Mr Michael Russell addressed Council on the following item:

Council’s failure to act in providing safe pedestrian access to Casula Railway Station for pedestrians both mobile and disability access.

Mayor Mannoun granted a two minute extension to Mr Russell.

2. Ms Susie Kneipp addressed Council on the following item:

Residents issue with Grove Street, Casula.

Mayor Mannoun granted a two minute extension to Ms Kneipp.

3. Mr Daniel Kneipp addressed Council on the following item:

Grove Street Casula Concerns.

4. Mr Michael Russell addressed Council on the following item:

Request to close Grove St Casula at the Hume Highway end due to safety issues.

5. Dr Criss Moore addressed Council on the following issue:

Casula Community Group and Grove Street.

Representation – items on agenda

NIL.

Motion of urgency

ITEM: MOU 01

SUBJECT: Closure of Grove Street, Casula

Clr Ammoun requested Mayor Mannoun consider the Motion of Urgency with regards to closure of Grove Street, Casula

He stated it is an urgent matter due to immediate community safety, and the need for Council to resolve overdue safety hazards at the intersection at Grove Street.

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

Motion: Moved: Clr Ammoun Seconded: Clr Goodman

Tha t Council

1. Proceed with the closure as per Transport for New South Wales, recommending the closure of Grove Street to through traffic, with access to the Ibis Hotel redirected solely via Graham Avenue.

2. Implements necessary signage, road markings, and traffic management measures to facilitate safe and efficient entry to the Ibis Hotel from Graham Avenue.

3. Calls upon Transport for New South Wales and Council to work collaboratively to ensure safety to execute the proposed closure and entry adjustment, ensuring minimal disruption to local residents and businesses.

Delegate to the CEO to take all necessary action in order to get Grove Street Casula closed on the basis of urgency due to community safety.

On being put to the meeting the motion was declared CARRIED

Clr Kaliyanda retired from the meeting at 3:10pm.

Motion of urgency

Clr Harle requested Mayor Mannoun consider a Motion of Urgency with regards to Casula Railway Access.

Clr Harle stated it was urgent as the issue has been ongoing for a number of years and has been delayed. He requests a report on the viability of implementing pedestrian access to the western side of the Casula Railway Station via Carrol Park and adjoining streets.

Mayor Mannoun ruled the matter as not urgent and therefore this item was not dealt with at this meeting. Mayor Mannoun suggested a meeting onsite with Clr Harle and the Director Operations.

motion of urgency

ITEM: MOU 02

SUBJECT: Safety issues on Fifteenth Avenue, Hoxton Park

Clr Harle requested Mayor Mannoun consider a Motion of Urgency with regards to safety issues on Fifteenth Avenue, Hoxton Park.

Clr Harle stated there have been recent road accidents on Fifteenth Avenue. Hoxton Park and he would like Council to urgently evaluate two additional roundabouts on Fifteenth Avenue, Hoxton Park to address the safety issues at the intersections of Craik Avenue and Twenty Eighth Avenue, Hoxton Park.

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

Motion: Moved Clr Harle Seconded Clr Macnaught

That Council urgently evaluate two additional roundabouts on Fifteenth Avenue to address safety issues at the intersections of Craik Avenue and Twenty Eighth Avenue, Hoxton Park.

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

Mayoral minutes

ITEM: MAYOR 01

SUBJECT: Business Excellence – Local Government Medal for our ‘Experience the World’ events.

REPORT OF: Mayor Ned Mannoun

Liverpool City Council recently received the ‘2024 Business Excellence – Local Government Medal’, for our ‘Experience the World’ events. The award recognises the outstanding achievements of an amazing team. I would like to take this opportunity to thank everyone involved in curating the events. A special thank you must go to Tina Bono, our Director of Community and Lifestyle, and the incredible Clara McGuirk.

In 2023, Council launched, ‘Experience the World’: a series of seven major cultural events that celebrate Liverpool’s diversity. Liverpool is the face of multicultural Australia with 43.2 per cent of our residents born overseas. We took it upon ourselves to share our story, through food, festivities, and storytelling.

There has been considerable positive community feedback about the Experience the World events. The events are a fun and welcoming outlet for people close to home, improving our quality of life. People have voted with their feet with almost 900,000 people having attended the events. With over 75,000 people attending Most Blessed Nights last weekend – we are on track to surpass 1 million visits.

The ‘Experience the World’ events are now a staple within our community. It is hard to believe that they have only been running for just over one year. The blueprint and legacy set in 2023 for the ‘Experience the World’ series will last for a long time to come.

RECOMMENDATION:

That Council:

Thanks the Premier of NSW, Chris Minns, for awarding Liverpool City Council with the ‘2024 Business Excellence – Local Government Medal’ for our ‘Experience the World’ Events; and
Thanks all participants that have made ‘Experience the World’ in Liverpool such a success, including local residents, business owners, performers, multicultural and multifaith leaders, Council staff, Councillors and the NSW Government.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun

That Council:

Thanks the Premier of NSW, Chris Minns, for awarding Liverpool City Council with the ‘2024 Business Excellence – Local Government Medal’ for our ‘Experience the World’ Events;

Thanks all participants that have made ‘Experience the World’ in Liverpool such a success, including local residents, business owners, performers, multicultural and multifaith leaders, Council staff, Councillors and the NSW Government; and

Acknowledge the amazing work by Tina Bono, Director Community & Lifestyle and the entire Events team in making the vision come to a reality.

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

Mayoral Minute

ITEM: MAYOR 02

SUBJECT: Acknowledgment of George Street as a Growing Little India and Proposed “Little India Liverpool – Sari Street"

REPORT OF: Mayor Ned Mannoun

Over the course of the last three decades, George Street in Liverpool has evolved into a prominent Indian fashion and culinary destination. This transformation has made George Street a sought-after high street destination, drawing in fashion enthusiasts and food aficionados from across the world.

George Street's emergence as a Little India or Sari Street exemplifies the vibrancy and multiculturalism that defines Liverpool. It stands as a testament to our commitment to fostering diverse and inclusive spaces within our city, offering residents and visitors a glimpse into the rich tapestry of diverse cultures that enrich our community.

RECOMMENDATION

In light of the burgeoning reputation of George Street as Sari Street, Little India, I propose:

That Council:

(a) Supports the establishment of the precinct "Little India Liverpool - Sari Street” to position George Street as a destination of choice with a unique food, fashion, and cultural offering to deliver economic, cultural, and marketing benefits to local businesses and the City of Liverpool;

(b) Develops a marketing plan to assess, brand and promote "Little India Liverpool - Sari Street” as a vibrant cultural precinct, identifying opportunities to enhance its appeal and attract visitors;

(c) Engage an appropriate person to provide a design language for facade upgrades, street furniture, and plantings to amplify the uniqueness of the street and shops;

(d) Undertakes a Community Consultation Process supporting initiatives in this Mayoral Minute; and

(e) Provides $100k in the 24/25 budget for this initiative.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun

That the recommendation be adopted.

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

Chief Executive Officer Reports

ITEM NO: CEO 01

FILE NO: 087008.2024

SUBJECT: Elected Officials Local Government - Long Service Awards

COUNCIL DECISION

Motion: Moved: Clr Macnaught Seconded: Clr Rhodes

That Council congratulates elected members for the Long Service achievement and notes this report.

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

Ordinary Meeting

24 April 2024

Planning & Compliance Report

PLAN 01

Amending the State Environmental Planning Policy (Precinct- Western Parkland City) to secure industrial land in Austral.

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	050172.2024
Report By	Masud Hasan - Senior Strategic Planner
Approved By	Mark Hannan - Acting Director Planning & Compliance

Executive Summary

The scale of commercial land uses permitted in the IN2 Light Industrial zone under the State Environmental Planning Policy (Precincts – Western Parkland City) is currently uncontrolled. As per the objectives of the Light Industrial zone, non-industrial uses in the zone should only be permitted to meet the day-to-day need of the local workers. However, a lack of planning controls for the scale of retail and commercial uses under the SEPP results in Council receiving, and eventually having to approve developments, where the majority of industrial land is being used for non-industrial purposes.

There are concerns that the current controls are facilitating out-of-centre development, which will lead to an increase in local congestion, decreased viability of planned centres, and decreased access to shops and commercial services for those without access to private vehicle transport. Importantly, this is also impacting upon the availability of industrial zoned land and will reduce local employment opportunities if left unmanaged.

A Planning Proposal (Attachment 1) has been prepared to address the adverse planning outcome relating to industrial lands being used for non-industrial purposes. The objective of the Planning Proposal is to secure industrial land for industrial development. This would be achieved by an additional local provision (proposed Clause 6.7) under Part 6, Appendix 4 of the Western Parkland City SEPP. This additional provision would regulate the extent of non-industrial uses in the Light Industrial (IN2) zone in Austral.

Council staff and the Liverpool Local Planning Panel (LPP) have deemed that the Planning Proposal has strategic and site-specific merit and complies with the broader planning framework. It is recommended that the Planning Proposal be supported by Council to proceed to the Department of Planning, Housing and Infrastructure (DPHI) for Gateway determination.

RECOMMENDATION

That Council:

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

2. Endorses in principle the Planning Proposal request;

3. Forwards the Planning Proposal to the Department of Planning, Housing and Infrastructure pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979 for Gateway determination;

4. Subject to Gateway determination, publicly exhibits the Planning Proposal for a minimum of 28 days in accordance with the conditions of the Gateway determination and Council’s Community Participation Plan; and

5. Receives a further Report on the outcomes of the public exhibition and community consultation at a future Ordinary Meeting of Council.

REPORT

The Site and Locality

All land zoned IN2 Light Industrial, including approximately 40 hectares of land in the Austral Precinct (see Figure 1), is under Appendix 4 of the State Environmental Planning Policy (Western Parkland City). The site comprises multiple parcels of land with multiple landowners.

Table 1 shows the street address, lot and DP number of the properties that are zoned IN2 Light Industrial under Appendix 4 (Liverpool Growth Centre Precincts) of the Western Parkland City SEPP. These lots would be affected by the Planning Proposal.

Table 1 – Lots subject to the Planning Proposal

Street Address	Lot	DP
190 Gurner Avenue	264	804734
184 Gurner Avenue	263	804734
180 Gurner Avenue	262	804734
174 Gurner Avenue	261	804734
170 Gurner Avenue	28	3403
160 Gurner Avenue	29	3403
150 Gurner Avenue	102	620585
144 Gurner Avenue	101	620585
535 Fifteenth Avenue	380	2475
545 Fifteenth Avenue	381	2475
555 Fifteenth Avenue	382	2475
561 Fifteenth Avenue	383	2475
575 Fifteenth Avenue	384	2475
585 Fifteenth Avenue	385	2475
595-599 Fifteenth Avenue	8	235953
605 Fifteenth Avenue	7	235953
615 Fifteenth Avenue	6	235953
625 Fifteenth Avenue	5	235953

Background

Precinct Planning

In March 2013, the Austral and Leppington North Precincts were rezoned to provide for 17,350 new dwellings, and four (4) town centres supported by an array of planned social, transport and drainage infrastructure. Approximately 40 hectares of land was zoned IN2 Light Industrial within the Austral Precinct under the State Environmental Planning Policy (Precincts – Western Parkland City) to provide for local jobs and land for urban services. The location of the ALN industrial lands is presented in Figure 1.

During the rezoning of the Precincts, an Employment and Industrial Assessment (December 2010) was undertaken. It was recognised that industrial users (namely urban services such as smash repairers and the like) would be subject to competition (being outpriced) by alternative uses such as bulky goods.

No controls were implemented to control the scale of non-industrial development that could be delivered in the light industrial zone despite the following zone objectives of IN2 Light Industrial zone under the SEPP:

· To encourage employment opportunities and support the viability of centres; and

· To enable other land uses that provide facilities or services to meet the day-to-day needs of workers in the area.

The IN2 Light Industrial zone under the SEPP is also an open zone. An open zone means that if a land use is not listed as prohibited, or permissible with consent, it can be determined to be permissible upon merit. Given the zone objectives, Council can consider some of the non-listed but non-industrial land uses on merit.

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Figure 1: Light Industrial zoned land in Austral (outlined with red boundary)

Post-Precinct Planning

The lack of planning controls for non-industrial uses has resulted in Council receiving, and eventually approving developments in which the majority of land is used for non-industrial purposes. Approved developments include one early example where more than 50% of the site area was approved for non-industrial (commercial) uses, whilst another example which has been lodged includes eight (8) take-away food and drink premises.

The later example was referred to the Liverpool LPP, in which the Panel, in its comments, pointed out the need for additional planning controls in the planning policies for non-industrial uses in the industrial zone. It is clear in these examples that the development being provided has a strong commercial component, competing with trade for planned town centres, and displacing lands strategically set aside for urban services.

Potential Impacts of Doing Nothing

If the current trend of non-industrial development in the industrial zone is not regulated, this would create a situation where non-industrial uses could take up majority of the IN2 zone and would threaten the commercial viability of B1 (Neighbourhood Centre) and B2 (Local Centre) zoned lands. This would impact upon the availability of suitable land for industrial development and result in industrial jobs being displaced to other areas or lost entirely. The scale of commercial land uses permitted will encourage out-of-centre development, land use conflict, increasing local congestion and decrease access to shops and commercial services for those who do not or cannot access private vehicle transport.

There would likely be a net loss of employment opportunities across the precincts, as there is a finite demand for retail floorspace / jobs. Rather than the industrial lands creating additional retail jobs, they will instead be parasitically reducing floorspace demand in planned centres, resulting in these either centres not developing, not developing to their planned capacity, or being developed / later rezoned for alternative uses (e.g. residential in the form of shop-top housing).

As such, there is a need to secure land for light industrial purposes, and limit competition from retail activities. Securing land for more low-impact industrial jobs close to residential areas will improve access to employment opportunities, reduce travel time for residents, and enable local industries to flourish.

Proposed Amendments to the SEPP (Western Parkland City)

The lack of clear planning controls for non-industrial uses in the IN2 Light Industrial zone warrants an amendment to the development standards in the SEPP. There are planning provisions to regulate the size and scale of non-industrial uses in the industrial zone under the Liverpool Local Environmental Plan 2008 (LLEP 2008). Introducing similar provisions into the SEPP, to regulate retail and commercial activities in the industrial zones, would further ensure consistency in the planning instruments.

On 18 July 2023, Council’s Governance Committee resolved to investigate amendments to the SEPP and DCP to provide clearer controls relating to non-industrial development in industrial zones (refer to Attachment 2 and 3).

On 21 December 2023, the LPP considered the Planning Proposal in their meeting and agreed that the Proposal had both strategic and site-specific merit and supported the Proposal proceeding for Gateway determination. They also recognised that, given Austral Leppington North is a greenfield Precinct, there is a need to provide a different approach in the planning controls compared to those in the Liverpool LEP. The advice of the LPP is included in Attachment 4.

An amendment to the current development standards is needed to limit the size and scale of non-industrial uses within industrial zones. This would be achieved by including an additional local provision (Clause 6.7) into Part 6 under Appendix 4 of the State Environmental Planning Policy (Precincts – Western Parkland City) 2021. A copy of the proposed amendments to Clause 6.7 is provided in Attachment 5.

The Floor Space Ratio Map of the SEPP would also require amendment to add reference to the newly added Clause. The specific wording of this draft Clause would be refined through the plan-making process prior to finalisation.

Explanation of the Clause Amendment

It should be noted that whilst the draft Clause may seem long and complex it has been worded to achieve a fair and predictable outcome, whilst still providing for site and titling flexibility:

· Prevent circumvention via the Codes SEPP (complying development)

To ensure that complying development cannot circumvent the control, it is necessary to include Clause 6.7(3.a) to restrict the FSR of all non-industrial buildings on the parent lot to no more than 0.05:1 (5%). This is because Clause 6.7(3.b) would have no effect on complying development, only FSR controls do.

Furthermore, this is why it is proposed that the FSR map is amended to make reference to Clause 6.7 (to ensure private certifiers are aware of this control as they wouldn’t typically look at Section 6 of the SEPP).

· Provide absolute certainty as to what constitutes non-industrial development

Being an open zone, it is necessary to define the uses which are not prohibited and could be considered ‘non-industrial development’ (developments subject to the control which are more appropriate in town centres beyond a certain size) as per Clause 6.7(5).

Rather than closing the zone, or listing them as prohibited in an open zone, a limited amount of non-industrial uses in the zone can be accommodated to service the day-to-day needs of the local workers (such as café, childcare centres, etc.). This would not be possible if non-industrial uses were entirely prohibited in the zone.

· Apply control to parent lot

This is to:

a. ensure equity

A control across the whole precinct means that the first few lots to develop could exhaust the 5%. Applying it to the parent lot ensures each existing landowner gets an equal opportunity.

b. prevent double dipping or repeated use of the provision

The control requires consideration of existing development or other DAs that have been approved on the parent lot (Clause 6.7(3b-c)).

c. ensure subdivided lots can still support viable development.

Opposite to the scenario above, if a parent lot were to be subdivided into many smaller lots before a building was constructed or before a use commenced, then a control which limited non-industrial uses to only 5% of any lot would mean that non-industrial uses would probably be too small to be viable on all of those new smaller lots.

· Defining the area that constitutes non-industrial development

Unlike residential and industrial development, car based commercial developments often have small building footprints compared to their site area (e.g. a service station of fast-food premises will often have a modest sized building compared to parking, bowsers, drive-thru, hardstand areas, etc.). As such, controlling FSR is not particularly useful as it is the site area, not the building footprint which eats into the land available for industrial development.

Given that some non-industrial uses might not be subdivided from other uses (e.g. remain as a strata development on a parent lot), it is necessary to list out what elements count towards the non-industrial uses footprint in Clause 6.7(5).

· Still providing flexibility

The way the control is written provides for similar outcomes whether the lot is or is not subdivided and whether that subdivision is Torrens title or Strata title.

The control also does not seek to prohibit certain uses, rather it only seeks to control their size, as per the zone objectives.

As it is currently worded, the controls would also still permit a larger non-industrial development, if it were physically spread across two or more parent lots. For example, a site of 1,000m²could be used for non-industrial development on a single 2ha parent lot.

But a site of 2,000m² could be located on the boundary of two 2ha parent lots (1000m² in each) as this would still only represent 5% of the area of each parent lot. Given the size of parent lots in Austral, this is useful for developments such as service stations, which typically require space for vehicle maneuverability and might not fit within a 5% footprint of just one parent lot.

Visual examples of possible development outcomes are provided in Attachment 6.

Next Steps

If the Planning Proposal is supported by Council, the Proposal will be submitted to the Department of Planning, Housing and Industry (DPHI) for Gateway determination. Subject to receiving Gateway determination, the Planning Proposal will then be publicly exhibited in accordance with the conditions of the Gateway determination and Council’s Community Participation Plan.

Following the public exhibition, a further Report will be provided for Council consideration detailing submissions received and any amendments proposed.

Conclusion

The Planning Proposal aims to provide positive economic, environmental and planning outcome by limiting non-industrial uses in the industrial zone, thereby securing more jobs in Austral and increasing town centre development feasibility.

Council staff and the LPP have deemed that the Planning Proposal has strategic and site-specific merit, and complies with the broader planning framework. It is recommended that Council endorses the Planning Proposal and supports the Planning Proposal proceeding to the DPHI for Gateway determination.

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

CONSIDERATIONS

Economic

Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues.

Facilitate economic development.

Environment

Promote an integrated and user-friendly public transport service.

Support the delivery of a range of transport options.

Social

There are no social and cultural considerations.

Civic Leadership

Encourage the community to engage in Council initiatives and actions.

Provide information about Council’s services, roles and decision-making processes.

Legislative

Environmental Planning and Assessment Act 1979

State Environmental Planning Policy (Precinct – Western Parkland City) 2021

Risk

The risk associated with perverse planning outcomes is considered moderate if no action is taken. Further non-industrial development in this precinct will likely lead to a loss of local industrial job opportunities, poorer town centre viability, higher traffic congestion, and greater road infrastructure costs for Council.

The risk to Council can be reduced by supporting the Planning Proposal. The risk associated with supporting the Planning Proposal is within Council’s risk appetite.

ATTACHMENTS

1. Planning Proposal- Securing Austral Industrial Land (Under separate cover)

2. Governance Committee meeting minutes (Under separate cover)

3. Governance Committee meeting report (Under separate cover)

4. Liverpool Local Planning Panel (LLPP) meeting minutes (Under separate cover)

5. Draft Clause 6.7 (Under separate cover)

6. Possible development outcomes (Under separate cover)

Ordinary Meeting

24 April 2024

Planning & Compliance Report

PLAN 02

S3.22 Expedited Amendment for Middleton Grange Local Centre

Strategic Objective	Evolving, Prosperous, Innovative Continue to invest in improving and maintaining Liverpool’s road networks and infrastructure
File Ref	078215.2024
Report By	Luke Oste - Coordinator Strategic Planning
Approved By	Mark Hannan - Acting Director Planning & Compliance

Executive Summary

A minor amendment is proposed to Clause 7.42 of the Liverpool Local Environmental Plan 2008 (LLEP 2008), which would apply to the future site of the Middleton Grange Local Centre.

The Proponent has requested consideration of the amendment to enable the delivery of roads within the Middleton Grange Local Centre in advance of the building works, without affecting the achievable density that is envisioned for the site. The proposed road layout for the Local Centre has already received development approval (DA-64/2007/D) while a Development Application for the building works is yet to be lodged. The staging of the development has been reconfigured to allow the roads to be constructed ahead of the building works.

If the roads are dedicated to Council prior to the approval of building works, it would mean the potential density which can be achieved is reduced once a Development Application is lodged for the building works. This is because the site area figure used to calculate Floor Space Ratio excludes any area used for roads as they are a ‘public place’ and therefore excluded under Clause 4.5 (4) of the LLEP 2008.

It is therefore proposed to resolve this matter by inserting the following sentence (or similar) into Clause 7.42 (based on similar LEPs with this type of clause like the Burwood LEP 2012, Cl4.4A(10)):

“The site area of proposed development on the land within the Middleton Grange town centre is, for the purpose of applying a floor space ratio under Clause 4.5, taken to include land that –

(i) Is dedicated to the Council or a public authority for a public purpose, being roads and intersections, and

(ii) Would have been part of the site areas if the land has not been so dedicated or set aside.”

As part of this amendment, it is also intended to rectify several errors and minor issues identified with the original drafting of Clause 7.42 of the Liverpool Local Environmental Plan 2008. These include:

· Changing ‘residential apartments’ to ‘dwellings’ in Clause 2(a) to capture all residential development;

· Clarify application of Clause 4(a) and 4(b) through improved wording; and

· Amend reference to ‘public park’ in Clause 5 and 6 to accurately convey a publicly accessible park on privately owned land.

A suggested rewording of Clause 7.42 is provided in Attachment 1. Approval of these proposed amendments however will ultimately be determined by the Parliamentary Counsel’s Office.

Section 3.22 of the Environmental Planning and Assessment Act 1979 (EP&A Act) allows for expedited amendments to occur without the need for a Planning Proposal if certain criteria can be met. In this instance, it is proposed to amend the LLEP 2008 in this manner as it would not have any impact on the environment or adjoining land. There are no adverse economic, social or environmental impacts arising from the proposed amendment.

Furthermore, bringing forward delivery of the roads in advance of the building works is considered beneficial for the wider community as it would enhance accessibility within the Local Centre and alleviate existing congestion during peak periods. As such, it is recommended to submit a s3.22 amendment request to the Department of Planning, Housing and Infrastructure (DPHI) for consideration.

If supported, the minor amendment will be made in consultation with the Parliamentary Counsel’s Office.

RECOMMENDATION

That Council:

1. Receives and notes this Report;

2. Submits a s3.22 amendment request to the Department of Planning, Housing and Infrastructure (DPHI) to amend Clause 7.42 of the Liverpool Local Environmental Plan 2008 as per this Report; and

3. Notifies the Proponent on the outcome of the s3.22 amendment request once the determination decision is received from the DPHI.

REPORT

In April 2022, a Planning Proposal seeking to amend the planning controls for the Middleton Grange Local Centre was finalised by the NSW Government. This was Amendment 63 to the Liverpool Local Environmental Plan 2008 (LLEP 2008).

The Planning Proposal increased the development potential of the Local Centre site and resulted in the insertion of Clause 7.42 ‘Development in Middleton Grange town centre’ into the LLEP 2008. To support this Planning Proposal, the Proponent also entered into a Voluntary Planning Agreement (VPA) with Liverpool City Council in November 2022. The VPA requires the delivery of road upgrades and intersection treatments (amongst other items).

The proposed road layout for the Local Centre has already received development approval (under DA-64/2007/D approved on 28 November 2022) while a Development Application for the building works is yet to be lodged.

In April 2023, excavation of the roads under this Development Application commenced, with the Proponent now seeking to deliver these roads and dedicate them to Council upon completion, in advance of any building works.

The dedication of roads to Council prior to the approval of building works would mean the potential density which can be achieved is reduced. This is because the site area figure which is used to calculate Floor Space Ratio excludes any area used for roads as they are a ‘public place’ and therefore excluded under Clause 4.5 (4) of the LLEP 2008.

The Proponent originally contacted the DPHI regarding this issue, and requested that an expedited amendment be made to the LLEP 2008 to resolve this. The amendment would enable for the roads to be dedicated to Council ahead of building works, without impacting the achievable density envisioned in the original Planning Proposal (Amendment 63). Council was informed of this request by the DPHI in August 2023.

Following a review however, it was concluded by the DPHI that an expedited amendment would not be supported, and Council staff wrote to the Proponent advising of this outcome in December 2023.

On 23 February 2024, the DPHI wrote to Council advising that a meeting was held with the Proponent. The correspondence noted that the DPHI would consider either a Planning Proposal or an expedited amendment, however this would be a decision for Council.

On 4 March 2024, the Proponent met with representatives from Council’s Executive Team to discuss the updated advice from the DPHI in regards to a s3.22 amendment. In light of the updated advice, at the meeting it was agreed that Council would seek approval from the DPHI via the s3.22 pathway.

As part of the amendment proposal, Council also intends to rectify several errors and minor issues identified with the original drafting of Clause 7.42.

Proposed Amendments to Clause 7.42

To facilitate the early delivery of the roads without affecting the vision for the Local Centre considered by DPHI, the following minor amendment is intended to be added into Clause 7.42 of the Liverpool Local Environmental Plan 2008:

“The site area of proposed development on the land within the Middleton Grange town centre is, for the purpose of applying a floor space ratio under Clause 4.5, taken to include land that –

(i) Is dedicated to the Council or a public authority for a public purpose, being roads and intersections, and

(ii) Would have been part of the site areas if the land has not been so dedicated or set aside.”

Various errors and concerns with the wording have also been identified with Clause 7.42 which are proposed to be rectified as part of this amendment. These are discussed further in Table 1.

Table 1: Proposed Changes to Existing Wording in Clause 7.42 and Reasoning

Change to Clause 7.42	Reasoning
Change ‘residential apartments’ to ‘dwellings’ in Clause 2(a).	The intent of this control by the DPHI was to restrict the total dwelling yield on the site, not just residential development in the form of apartments.
Clarify application of Clause 4(a) and 4(b).	The current wording of Clause 4(a) suggests an 8.5 metre Height of Building (HoB) limit applies to the whole site. Furthermore, the setback requirements in Clause 4(b) does not clearly articulate that this is an upper setback requirement. The wording of these clauses is not aligned with the original intent of these controls, as outlined in the original Planning Proposal (i.e. 8.5m street wall, with upper levels setback).
Amend the references to a ‘public park’ in Clause 5 and 6.	The ‘public park’ is to be located on privately owned land zoned E1 Local Centre. Further legal refinement of this wording is recommended to convey it is publicly accessible open space on privately owned land in accordance with the executed VPA for the site.

SECTION 3.22 AMENDMENT

Section 3.22 of the Environmental Planning and Assessment Act 1979 (EP&A Act) allows for expedited amendments of Environmental Planning Instruments (like the LLEP 2008) where certain criteria can be met. In this instance, it is intended to amend the LLEP 2008 in accordance with Section 3.22 (1)(a) and (1)(c) of the EP&A Act, as justified below:

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

The issues identified in Clause 7.42(2)(a), (5) and (6) are errors in the drafting of the clause. A comparison between the identified provisions and the intent of these controls (as discussed in the DPHI’s Finalisation Report for Amendment 63) would suggest these to be misdescriptions.

(c) deal with matters that the Minister considers do not warrant compliance with the conditions precedent for the making of the instrument because they will not have any significant adverse impact on the environment or adjoining land

In relation to the proposed addition of Clause 7.42(6A), a Planning Proposal is not deemed necessary as it would not have any adverse impact on the environment or adjoining land. There are no adverse economic, social or environmental impacts arising from this proposed amendment.

Given the FSR control and density caps stipulated in Clause 7.42, there is no impact to the development outcome progressed under the original Planning Proposal for the site.

Furthermore, the staging of the development has been reconfigured to allow the roads to be constructed and dedicated ahead of the building works. Bringing forward delivery of the roads in advance of the building works is considered beneficial for the wider community as it would enhance accessibility within the Local Centre and alleviate existing congestion during peak periods.

The proposed re-wording of Clause 7.42(4) is to capture the intent of this control more clearly and accurately, which essentially was to enable for a sensitive transition down to existing low scale development. This will not adversely impact the environment but rather, will have a positive impact by ensuring future development correctly complies with the development standards intended by the DPHI.

NEXT STEPS

It is recommended to submit a s3.22 amendment request to the DPHI for consideration. If supported, the minor amendment will be made in consultation with the Parliamentary Counsel’s Office.

If the DPHI do not support the s3.22 amendment, a Planning Proposal would need to be prepared to amend the LLEP 2008 in the above discussed manner. The Planning Proposal would need to be prepared and initiated by the Proponent.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate economic development.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Section 3.22 of the Environmental Planning and Assessment Act 1979.
Risk	The risk is deemed to be low. The proposed amendment is to facilitate the development of roads within the Middleton Grange Local Centre as well as correct existing errors / poor wording in Clause 7.42 of the Liverpool Local Environmental Plan 2008. Failure to support the amendment may result in further delays to the delivery of the Middleton Grange Local Centre. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Suggested Rewording of Clause 7.42

Ordinary Meeting

24 April 2024

Planning & Compliance Report

PLAN 03

Draft Compliance and Enforcement Policy

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	094099.2024
Report By	Noelle Warwar - Manager Community Standards
Approved By	Mark Hannan - Acting Director Planning & Compliance

Executive Summary

In late 2015, the NSW Ombudsman issued Enforcement Guidelines and a Model Policy for Councils. The Policy provides structure for consistency and transparency in decision-making regarding compliance and enforcement issues and facilitates a proportional approach to compliance and enforcement based on risk and impact.

The draft Compliance and Enforcement Policy (Attachment 1) is intended to replace Council’s Current Enforcement Policy (adopted on 23 November 2022).

The key changes to the Policy include:

· A title change to include both compliance and enforcement;

· Reflects the principles of the NSW Ombudsman’s Guidelines and Model Policy for Councils;

· Provides greater clarity on the use of discretion; and

· Proposes a proportionate approach to enforcement and compliance management based on the level of risk in regard to the unlawful activity and the resources available.

RECOMMENDATION

That Council:

1. Receives and notes this Report;

2. Endorses the public exhibition of the draft ‘Compliance and Enforcement Policy’ for a period of no less than 28 days; and

3. Notes that a Post-Exhibition Report will be bought back to a future Ordinary Meeting of Council for Council consideration.

REPORT

As a regulator, Council is obliged under certain legislation (including but not limited to the Local Government Act 1993, Environmental Planning and Assessment Act 1979, Protection of Environment Act 1991, Public Spaces (Unattended Property) Act 2021 and Roads Transport Act 2013) to properly deal with allegations about unlawful activities relating to planning, building and construction, environmental and public health, safety, car parking and transport, companion animal management, and public and natural area regulation.

This may also include activities that are prohibited, unauthorised or contrary to the terms of a consent or approval. A failure to properly deal with allegations and compliance can have adverse outcomes for the community and expose Council to liability and subsequent litigation expenses.

The draft Policy outlines matters for consideration through the various stages of the process from receipt of unlawful activity complaints through to the types of enforcement actions that can be considered, including the use of discretion.

A key aspect of the draft Policy is the inclusion of a “risk matrix” which provides guidance on how Council will prioritise, and action complaints received, particularity during times where the number of complaints received exceeds the available resources dedicated to investigations.

Currently, with the exception of the most serious public safety matters, requests are dealt with in the order they are received and utilising the same investigative process. Given the available Council resources, the current process has resulted in a backlog of more than 700 unactioned requests with wait times far exceeding 12 months.

The draft Policy is intended to give priority to the high-risk complaints where a full investigation will be conducted. Lower risk complaints may be dealt with via the use of discretion (i.e. no action) or alternatively via “letters of cooperation”.

Letters of cooperation will provide information on how the customer may be able to resolve the issue via other means. This may include speaking with their neighbour, seeking the support of the Community Justice Centre (mediation), other requests that may be better dealt with by a third party (for example a strata corporation or other agency such as NSW Police or the NSW Housing).

As staff resources become available, more detailed investigations of complaints other than high risk would be able to occur.

The benefits of this approach includes a focus on the more serious matters in our community i.e. where there is a threat to persons, property or the environment and a more timely response to concerns from our community. This approach also provides clear communication and expectations on how Council will respond.

As part of the implementation of a revised Compliance and Enforcement Policy, Council will need to make internal administrative changes to its processes to manage the impact of the Policy changes. This includes developing processes and forms / checklists, standard letters used to respond to low risk and impact concerns.

review by governance & Legal

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

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Protect, enhance and maintain areas of endangered ecological communities and high-quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues.
Social	There are no social and cultural considerations.
Civic Leadership	Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Provide information about Council’s services, roles and decision-making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government Act 1993.
Risk	The risk is deemed to be Medium. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Draft Compliance and Enforcement Policy

Ordinary Meeting

24 April 2024

Planning & Compliance Report

PLAN 04

Post Door Knocking Report - Renaming of Street Sections Middleton Grange

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	098521.2024
Report By	Danielle Hijazi - Strategic Planner
Approved By	Mark Hannan - Acting Director Planning & Compliance

Executive Summary

This Report seeks to inform Council on the outcome of a door-knocking exercise undertaken on 8 February 2024 seeking feedback from affected residents and property owners for the renaming of the street sections Southern Cross Avenue, Seventeenth Avenue East and Hall Circuit, Middleton Grange.

Notwithstanding the objections received during the public exhibition and concerns voiced at a community forum, the door-knocking effort provided valuable insights. Among the 86 affected properties, feedback indicated a preference for retaining the street name Southern Cross Avenue, consecutively renumbering Southern Cross Avenue properties, and renaming Seventeenth Avenue East and Hall Circuit to Southern Cross Avenue.

Residents expressed valid concerns regarding past address changes and uncertainty surrounding the future town centre development. However, the current naming arrangements pose safety and service delivery risks and renaming needs to happen prior to the town centre being delivered. Council staff are already in the process of preparing an amendment to the Middleton Grange Development Control Plan (DCP). It is recommended that new provision(s) be provided in the DCP to make Southern Cross Avenue a fixed road.

RECOMMENDATION

That Council:

1. Notes the outcome and feedback from residents and property owners through the door knocking exercise.

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

3. Supports the renumbering of properties located on the street sections Southern Cross Avenue/Seventeenth Avenue East and Hall Circuit to Southern Cross Avenue, Middleton Grange.

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

5. Notes that Council staff will make Southern Cross Avenue a fixed road in an upcoming amendment to the Middleton Grange Development Control Plan.

REPORT

Background

At the Ordinary Meeting of Council on 30 August 2023, a Report was prepared by Council staff outlining the property address issues for owners and residents living on the street sections of Southern Cross Avenue, Seventeenth Avenue East and Hall Circuit, Middleton Grange. Council resolved that staff write to the affected residents located on the abovementioned street sections with six options to vote on the renaming of these street sections to have one consistent name (Attachment 1).

Community Engagement

In accordance with the Resolution of Council, staff wrote to the affected landowners on the 17October 2023, detailing the issues with the current street names and requested the landowners vote between the six proposed street names being Jetstream Avenue, Nacelle Street, Pilot Street, Radome Street, Skyport Street and Wirraway Street (Attachment 2).

The letter advised residents that the proposed street name that received the highest vote would be formally gazetted. Following gazettal, the entire street sections of Southern Cross Avenue, Seventeenth Avenue East and Hall Circuit would be renamed with the preferred option.

Public Exhibition

During the exhibition period:

· Seven (7) individual submissions were received objecting to the renaming proposal;

· A signed petition with the signatures of 42 residents objecting to the proposal was also received;

· A further 29 residents/affected property owners did not respond or provide a submission to the letter;

· Nine (9) votes were received on the proposed new street name; and

· 13 of the letters sent to residents were returned to Council as the address details were not recognised as valid by Australia Post.

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

A Post-exhibition Report (Attachment 3) was prepared for Council consideration at the Ordinary Meeting of Council on 13 December 2023. At the Meeting, Council deferred the item and resolved that Council Officers to undertake a door-knocking exercise of affected properties to inform residents of the need to change the street name for essential services.

Door-Knocking Exercise

Council staff door-knocked affected properties on Thursday 8 February 2024. A summary of the exercise is provided below:

· There are a total of 86 affected properties;

· 18 properties are either vacant land, being constructed with no letterbox, Council assets (parks) or schools (being Thomas Hassall and Middleton Grange Primary);

· 43 call back slips were left at properties where the resident was not home;

· Six (6) residents called Council to discuss the renaming proposal within the following days; and

· Council staff spoke to 25 residents.

Of the feedback received during the door-knocking exercise, and subsequent discussions had with affected residents following the exercise, the following results were identified:

· Six (6) residents disagreed with the proposed renaming and want the street section names to remain as they currently stand;

· Four (4) residents understand the need for the renaming and have no preference on how we proceed with changing the names.;

· Four (4) residents prefer to change to a new name being Pilot Avenue;

· 13 residents advised they would like to keep the name Southern Cross Avenue and have their properties renumbered;

· 18 properties are vacant land; and

· 41 residents did not respond.

During the exercise, a number of residents voiced concerns that their address had changed on multiple occasions in the past (historical street name changes, as well as changes from lot numbers to house numbers). These residents were also apprehensive that the future Middleton Grange Local Centre development, road network and associated Development Control Plan (DCP) are yet to be finalised, and that their address may again change as the Local Centre develops.

This uncertainty poses significant inconvenience as well as financial burdens associated with multiple address changes. Residents are seeking assurance that future amendments to the Middleton Grange Local Centre development, road network and DCP will not require additional address modifications in the future.

Recommendations

Following the door-knocking exercise, it is recommended that the:

1. Street sections of Southern Cross Avenue, Seventeenth Avenue East and Hall Circuit be renamed to Southern Cross Avenue and renumbering occur for all properties located on these street sections; and

2. An amendment to Part 2.5 of the Middleton Grange DCP to ensure the position of Southern Cross Avenue is fixed.

Next Steps

If supported by Council, Southern Cross Avenue, Seventeenth Avenue East and Hall Circuit will be renamed to Southern Cross Avenue. All properties will be given new street numbers (including the provision of reserve numbers for the Middleton Grange Local Centre and other undeveloped parcels).

Council staff will also prepare an amendment to Part 2.5 of the Middleton Grange DCP, to fix the road of Southern Cross Avenue. The change will subsequently be reported to Council at a future Ordinary Meeting of Council.

FINANCIAL IMPLICATIONS

Should the proposed name change be endorsed, the cost associated with replacing street signage is estimated at $771.00.

The financial implications to residents having to change letterbox and other street numbers is considered outside the scope of this Report.

CONSIDERATIONS

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

ATTACHMENTS

1. Council Report and Resolution - 30 August 2023

2. Letter to affected residents

3. Council Report and Resolution - 13 December 2023

Ordinary Meeting

24 April 2024

Planning & Compliance Report

PLAN 05

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	105425.2024
Report By	Nancy-Leigh Norris - Executive Planner
Approved By	Mark Hannan - Acting 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.

Since the LPP on 21 December 2023, the Principal Planning Proposal for a new Liverpool Local Environmental Plan was presented to the Ordinary Meeting of Council on 28 February 2024. The item was deferred to enable facilitation of a further workshop for Councillors on the Draft Proposal.

Following the workshop, the item was referred to the Ordinary Meeting of Council on 27 March 2024 for Council consideration and again deferred.

It is strongly 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;

· 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;

· February 2024: Principal Planning Proposal for a new Liverpool LEP was presented to Council at the Ordinary Meeting of Council on 28 February 2024 and the matter was deferred for a further workshop; and

· March 2024: Further Councillor Workshop on the new Liverpool LEP was held on 11 March 2024. The matter was rereported to the Ordinary Meeting of Council on 27 March 2024 for Council consideration and again deferred.

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.

A line drawing of a city

Description automatically generated

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.

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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 Report (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 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 of Planning Proposal) (Under separate cover)

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

Ordinary Meeting

24 April 2024

Planning & Compliance Report

PLAN 06

Investigation on the use Transport for NSW mobile speed cameras on Local Streets effective in the Liverpool LGA

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	105612.2024
Report By	Charles Wiafe - Principal Transport Planner
Approved By	Mark Hannan - Acting Director Planning & Compliance

Executive Summary

At the Ordinary Meeting of Council on 28 February 2024, Council considered the Minutes of the Liverpool Local Traffic Committee Meeting (CTTE 01) held on 31 January 2024. Council resolved to note the Committee’s recommendations, as well as:

1. Investigate the possibility of utilising Transport for NSW mobile speed cameras in known problem areas within the Liverpool Local Government Area (LGA); and

2. Write to the Minister to advocate to establish a traffic summit in Liverpool, due to having the highest amount of traffic incidents, to address ongoing traffic concerns.

Resolution 1 (CTTE 01) – Possibility of Utilising TfNSW Mobile Speed Cameras

The NSW Road Rules and Road Transport (Safety and Traffic Management) Act 1999 outlines that Transport for NSW (TfNSW) and the NSW Police are responsible for speed, traffic management and enforcement. In accordance with this Act, TfNSW is responsible for the management of fixed and mobile speed cameras on NSW public roads.

Council has previously nominated roads within the Liverpool LGA, including Nuwarra, Kurrajong, and Green Valley Roads, to TfNSW for mobile speed camera consideration. It is recommended that Council continue to nominate high risk locations across the Liverpool LGA to TfNSW for potential mobile speed camera enforcement.

Resolution 2 (CTTE 01) – Advocate for Traffic Summit in Liverpool

Following the Ordinary Meeting of Council on 28 February 2024, Council staff sent a letter to the NSW Minister for Roads, John Graham, on 13 March 2024 seeking support for a road safety summit to be held in Liverpool. A copy of the letter is provided in Attachment 3.

As of 8 April 2024, Council is yet to receive a response from the Minister’s Office.

RECOMMENDATION

That Council:

1. Notes and receives this Report.

2. Notes that Transport for NSW is responsible for the management of fixed and mobile speed cameras on NSW public roads, in accordance with the Road Transport (Safety and Traffic Management) Act 1999.

4. Continues to nominate high risk locations across the Liverpool LGA to Transport for NSW for potential mobile speed camera enforcement.

REPORT

1. Investigate the possibility of utilising Transport for NSW mobile speed cameras in known problem areas within the Liverpool Local Government Area (LGA); and

2. Write to the Minister to advocate to establish a traffic summit in Liverpool, due to having the highest amount of traffic incidents, to address ongoing traffic concerns.

Resolution 1 (CTTE 01) – Possibility of Utilising TfNSW Mobile Speed Cameras

The use of mobile speed cameras along local roads in the Liverpool LGA has been discussed with TfNSW representatives who have advised that fixed and mobile speed cameras are installed or placed along public roads in accordance with TfNSW’s NSW Automated Enforcement Strategy for Road Safety. A copy of the Strategy is shown in Attachment 1.

The Strategy provides an overarching framework to manage the automated enforcement programs used in NSW, with the aim to:

· Deliver reductions in road trauma on NSW roads aligned to our trauma reduction targets by reducing illegal and unsafe road behaviour;

· Reduce the risk of trauma related crashes; and

· Complement on-road policing.

TfNSW has advised that its Safer People Unit is responsible for the management of the speed camera program, including preparation of related policies and strategies for the program.

The following criteria are considered in combination to select automated enforcement locations:

· Risk levels including crash rates and trauma levels, crash types, compliance rates, traffic volumes, specific safety risks and safety rating of roads

· Geographic spread

· Nominated routes or locations

· Difficulty of the location for enforcement

· Operational criteria

· Existing Infrastructure

TfNSW has also noted that it undertakes approximately 300-400 hours of Mobile Speed Camera (MSC) enforcement each month at approximately 10 MSC enforcement sites within the Liverpool LGA.

In 2023, TfNSW undertook 4,553 hours of MSC enforcement within the Liverpool LGA, checked the speeds of approximately 3 million motorists and issued 834 fines for speeding. This was an offence rate of 0.03% (1 in 3,709 motorists speeding).

TfNSW also advised that current MSC sites are more likely to be on both State and Regional Roads rather than Local Roads due to the nature of these roads meeting more of the criteria required for a site to be compliant. TfNSW does however continue to welcome Local Road nominations for automated enforcement via the online submission process at the Safer Roads website.

Resolution 2 (CTTE 01) – Advocate for Traffic Summit in Liverpool

As of 8 April 2024, Council is yet to receive a response from the Minister’s Office.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	Deliver a high-quality local road system including provision of infrastructure and management of traffic and road safety issues.
Social	Raise awareness in the community in relation to road safety issues and about the available services.
Civic Leadership	Actively advocate for federal and state government support, funding and services in relation to road safety.
Legislative	NSW Roads Act 1993 and Road Transport (Safety and Traffic Management) Act 1999
Risk	The risk is deemed to be Low.

ATTACHMENTS

1. TfNSW Automated Enforcement Strategy for Road Safety

2. TfNSW Speed Camera Nomination Form

3. Liverpool City Council letter to NSW Minister for Roads

Ordinary Meeting

24 April 2024

Planning & Compliance Report

PLAN 07

Planning Proposal to amend the Liverpool Local Environmental Plan 2008 at 146 Newbridge Road Moorebank - Georges Cove Village

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	107145.2024
Report By	Stephen Peterson - Senior Strategic Planner
Approved By	Mark Hannan - Acting Director Planning & Compliance

Executive Summary

In October 2017, Council received a Planning Proposal from EMM Consulting Pty Ltd on behalf of Tanlane Pty Ltd for 146 Newbridge Road, Moorebank (Lot 1 DP 1246745). At the time of lodgment, the subject site was zoned B6 Enterprise Corridor and the Planning Proposal sought to amend the Liverpool Local Environmental Plan 2008 (LLEP 2008) by way of the inclusion of an additional Schedule 1 (Additional Permitted Uses) Clause to:

· Permit the land uses of a ‘child care centre’, ‘seniors housing’ and ‘health care facility’;

· Increase the Height of Buildings (HOB) from 15m to 30m; and

· Increase the Floor Space Ratio (FSR) from 0.75:1 to 2:1.

This would have enabled a stepped shop top housing development of between five (5) to nine (9) storeys in height.

The Planning Proposal was referred to the Liverpool Local Planning Panel on 29 June 2020 and to the Ordinary Meeting of Council on 30 September 2020. The Planning Proposal (Amendment 87) was then forwarded in November 2020 to the former Department of Planning and Environment (now known as NSW Department of Planning, Housing and Infrastructure (DPHI)).

In December 2020, the DPHI provided a letter to Council (Attachment 2), outlining that Council was to resubmit the subject Planning Proposal, and others within the Moorebank East Precinct, upon completion of the Georges River Regional Flood Study, due to unresolved NSW Government Agency concerns regarding flooding and evacuation.

In March 2022, the Georges River Regional Flood Evacuation Study was completed.

In April 2023, Council staff held a meeting with the DPHI regarding the subject Planning Proposal and others lodged for the Moorebank East Precinct.

In May 2023, the DPHI provided advice to Council with requirements to be addressed for Planning Proposals within the Precinct. In this regard, Council received amended documentation in October 2023. A copy the amended Planning Proposal Justification Report is provided in Attachment 1.

The Planning Proposal has been amended by the Proponent, and in its current form, seeks to amend the Liverpool LEP 2008 by way of a new Schedule 1 (Additional permitted use) Clause to permit retail premises with a maximum Gross Floor Area of 4,000m². The Planning Proposal further nominates that the proposed retail premises, with a Gross Floor Area of 4,000m², is for the purpose of a ‘supermarket’.

Under the LLEP 2008, the land use of a ‘supermarket’ falls under the initial term of a ‘shop’. A ‘shop’ falls under the term of ‘retail premises’. Furthermore, ‘retail premises’ falls under the parent term of a ‘commercial premises’.

The LLEP 2008 already includes a Schedule 1 Clause (clause 35) permitting a ‘commercial premises’ land use on the subject site, however Clause 7.23 (which applies to the subject site) limits the Gross Floor Area for each ‘retail premises’ on the site to a maximum of 1,600 m². As the Planning Proposal seeks a ‘shop’ (Supermarket) with a Gross Floor Area of 4,000m², the Planning Proposal is required.

In addition, the LLEP 2008 Clause 4.6 (Exceptions to development standards) does not enable a variation of Clause 7.23 of LLEP 2008, i.e. the Consent Authority cannot consider a variation for a retail premises on the subject site having a Gross Floor Area greater than 1,600m².

As the land use of a ‘commercial premises’ (of which a supermarket falls under), is already permissible on the subject site, it is recommended that the Proponent update the Planning Proposal Justification Report prior to Gateway seeking to amend Part 7, Division 2 of the LLEP 2008 to permit the land use of a ‘Shop’ with a maximum Gross Floor Area of 4,000m² on the subject site.

The Proposal no longer includes residential development, and also contains updated justification in relation to flood impacts and flood mitigation. Following a Council staff assessment of the updated information provided, it is considered that the Planning Proposal has sufficient strategic and site-specific merit to proceed to the DPHI for a Gateway determination.

The Proposal, including flooding and vehicular access, will be further discussed with the relevant NSW Government Agencies once Gateway is issued. It is recommended that Council endorses the Planning Proposal to proceed for Gateway determination.

Should a Gateway determination be issued by the DPHI, it is recommended that an amended site-specific Development Control Plan (DCP) be prepared to support the Planning Proposal. The draft DCP amendment would need to be endorsed “in principle” by Council prior to the exhibition of the entire Planning Proposal package.

RECOMMENDATION

That Council:

1. Endorses “in principle” the amended Planning Proposal for 146 Newbridge Road, Moorebank (Lot 1 DP 1246745) to amend Part 7, Division 2 of the Liverpool Local Environmental Plan 2008 to permit the land use of a ‘Shop’ with a maximum Gross Floor Area of 4,000m²;

2. Requests the Proponent updates the Planning Proposal Justification Report, in-line with Recommendation 1 of this Resolution, prior to forwarding the Planning Proposal to the Department of Planning, Housing and Infrastructure for a Gateway determination;

3. Delegates to the CEO authority to make any minor amendments to the Planning Proposal if required;

4. Upon receiving an amended Planning Proposal Justification Report from the Proponent, forwards the Planning Proposal to the Department of Planning, Housing and Infrastructure pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979 for a Gateway determination;

5. Subject to Gateway determination, prepares a site-specific Development Control Plan (DCP) and undertakes community consultation for the Planning Proposal and site-specific DCP in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan 2022; and

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

REPORT

Moorebank East Precinct

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

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

The Site and Locality

The subject site is known as 146 Newbridge Road Moorebank and is shown in figure 2 below. The site is approximately 17,226m² in area and fronts the southern side of Newbridge Road of which traffic flows towards the Liverpool CBD. The subject site is approximately 3.65km east of Liverpool CBD and 4km east of Liverpool railway station. The nearest bus stop is located on Newbridge Road (adjacent to the subject site) and is serviced by the M90 bus route.

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

Surrounding the subject site are the following neighbouring sites:

· North: Newbridge Road, Moorebank. The road is a major arterial road under the care and control of Transport for NSW.

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

· South (further): Lot 3 (Georges Cove Marina). The Marina is currently under development and a Planning Proposal is under assessment to facilitate approximately 4x eight storey residential flat buildings for a total of approximately 319 apartments and 21x 3 storey terraces. Further south is the EQ Riverside-Concrete Crushers site which benefits from previous heavy industrial use and is subject to a Council initiated Planning Proposal to rezone part of the site to E4-General Industrial;

· East: The Georges River, Previous Flower Power site (Subject to Planning Proposal RZ-4/2017) and Canterbury-Bankstown LGA;

· West: Council’s Wurrungwuri Reserve, Brickmakers Drive and Georges Fair residential area.

The subject property is under the single ownership of Tanlane Pty Ltd. It contained a former sand mining operation by Benedict Sands, which has reached the end of its life cycle. Works at the subject site have occurred from early to mid-2020, including the demolition of a dilapidated dwelling fronting Newbridge Road, earthworks including significant cut and large scale tree removal. The subject site has the following environmental constraints as per Table 1 below:

Table 1 - Summary of Environmental Constraints

Flooding	Bushfire
Figure 3 - Flood mapping of site. Source: Geocortex The site is affected by flooding from the Georges River, is within the flood planning area and the site is categorised as part low, part medium and part high flood risk, i.e. 1 in 100 and Probable Maximum Flood.	Figure 4 - Bushfire mapping of site. Source: Geocortex The subject site is partially identified as Bushfire Prone Land mainly on the western side. The majority of the site highlighted yellow identifies vegetation buffer of 30m and 100m.
Threatened Ecological Communities	Biodiversity
Figure 5 - Threatened Ecological Communities mapping of site. Source: Geocortex The western boundary of the site contains Endangered Threatened Ecological Communities (BC Act).	Figure 6 - Biodiversity mapping of site. Source: Geocortex The site is mapped as containing Forest Red Gum - Rough-barked apple grassy woodland on alluvial flats of the Cumberland Plain, Sydney Basin Bioregion (Light red) and unclassified (grey).
Contamination
The subject site is identified as being contaminated due to previous uses of the site including sand extraction via dredging and dry extraction methods on the site since 1993. Lot 3 is subject of an approved Marina development. The Marina development application was approved with various Environmental Impact Assessments, Site Audit Reports and statements, and remediation strategies and Action Plans. This report concluded that the site is contaminated as per the EP&A Act 1979 definition, however the subject allotment can be remediated to be suitable to accommodate the Marina development as well as high density residential uses with minimal opportunities for soil access.

Background

Existing Voluntary Planning Agreement (VPA)

The subject site previously was one allotment known as 146 Newbridge Road, Moorebank. 146 Newbridge Road Moorebank is currently subdivided into 3 allotments with the subject allotment known as Lot 1.

A VPA (Council reference: VPA-11) was entered into on 11 June 2008 which applies to all 3 lots which form 146 Newbridge Road Moorebank. Of note, the VPA restricts the total Gross Floor Area of Lot 1 (Subject site) only to 11,500m².

Previous public exhibition of Planning Proposal

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

Previous Planning Proposal sought amendments

In 2017, the Planning Proposal sought to amend LLEP 2008 by way of the inclusion of an additional Schedule 1 (Additional Permitted Uses) clause to permit the land uses of a ‘child care centre’, ‘seniors housing’ and ‘health care facility’, increase the height of buildings (HOB) from 15m to 30m and to increase the floor space ratio (FSR) from 0.75:1 to 2:1.

In 2020 the proposal was amended and sought to amend the FSR from 0.75:1 to 1.88:1 and to increase the HOB from 15 metres to 25 metres. The proposal further sought to amend Schedule 1 of the LLEP 2008 to allow the use of a ‘health care facility’ (medical centre) and a retail premises with a maximum Gross Floor Area (GFA) of 4,200m² on the site only. This would facilitate mixed use development, including 126 residential apartments, neighbourhood retail and commercial facilities, including a medical centre, grocery shops and a gym.

It is noted that all the previous amendments sought at the time of lodgment of the Planning Proposal are no longer being sought.

DPHI Employment Zone Reform

At lodgement in 2017, the subject site was zoned B6 Enterprise Corridor which permitted the land use of ‘retail premises’ and ‘shop top housing’. On 26 April 2023, DPHI introduced Employment Zone Reforms. As part of the reforms, the previous B5 Business Development and B6 Business Enterprise zones were repealed and both became known as E3 Productivity Support zones.

As the new E3 Productivity Support zone comprised of two previous zones, which permitted different land uses, the reforms also introduced area mapping of which in this case land previously zoned B5 Business Development includes reference to ‘Area E’ and land previously zoned B6 Business Enterprise includes reference to ‘Area A’ throughout LLEP 2008.

Under the land use zone E3 Productivity Support, the land use of a ‘Retail Premises’ and ‘Shop Top Housing’ are no longer permitted with consent. The Liverpool LEP 2008 includes clause 35 under Schedule 1 (Additional Permitted Uses) which continues to permit ‘Commercial Premises’ in the E3 Productivity Support ‘Area A’ zone (i.e. the subject site). The land use term of ‘Shop’ is encompassed by the ‘Retail Premises’ term, which is under the parent term of a ‘Commercial Premises’.

Proposed Amendments to the Liverpool Local Environmental Plan 2008

As of October 2023, the Planning Proposal no longer seeks to amend the HOB or FSR development standards and no longer seeks to permit the Additional Permitted Use of shop top housing, child care centre, seniors housing or a health care facility on the subject site.

The Planning Proposal in its current form submitted by the Proponent, seeks to amend Liverpool LEP 2008 by way of a new Schedule 1 (Additional permitted use) clause to permit a retail premises with a maximum Gross Floor Area of 4,000m². The Planning Proposal further nominates that the proposed retail premises, with a Gross Floor Area of 4,000m², is for the purpose of a ‘supermarket’.

Council staff note that the land use of a supermarket falls under the LLEP 2008 term of a ‘shop’. Under LLEP 2008, a ‘shop’ falls under the term ‘retail premises’ and a ‘retail premises’, falls under the parent term of a ‘commercial premises’.

Further, Council staff note that the land use of ‘commercial premises’ is already permissible on the subject site under LLEP 2008 (Schedule 1 clause 35) however that LLEP 2008 clause 7.23, limits the Gross Floor Area for a ‘retail premises’ on the subject site to a maximum of 1,600m². Clause 4.6 of LLEP 2008 does not allow Clause 7.23 of LLEP 2008 to be varied as part of development consent.

As demonstrated above, as that the land use of a ‘supermarket’ is already permissible on the subject site, however is restricted to a maximum Gross Floor Area of 1,600m², the current Planning Proposal request, as recommended by Council staff, seeks to amend LLEP 2008 in the following manner:

· Include an additional clause under Part 7, Division 2 (Additional Local Provisions – Other provisions) to enable development on the site of a ‘Shop’ (For the purpose of a Supermarket) with a maximum Gross Floor Area of 4,000m².

The Planning Proposal is supported by the following reports and plans:

· Planning Proposal report prepared by EMM Consulting;

· Revised Architectural package prepared by Rothelowman;

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

· Revised Bushfire Constraints Assessment prepared by ABPP;

· Addendum Traffic Impact Assessment Report prepared by EMM;

· Social Impact Assessment Addendum prepared by EMM; and

· Economic Impact Assessment Report prepared by LocationIQ.

These documents are available on Council’s Eplanning Portal at the following link:

(Liverpool Council Eplanning - RZ-9/2017 - Lot 1 - 146 Newbridge Road Moorebank - Georges Cover Village)

The architectural plans demonstrate a development comprising a 3-storey building with a ground floor supermarket and parking/loading areas and 2 storeys above comprising parking and light industrial and office uses.

A diagram of a house

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Figure 7 – Side view of proposal looking west (Source: Rothelowman Planning Proposal Design Report)

A high angle view of a building

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Figure 8 – 3D Aerial view of proposal as viewed from Newbridge Road frontage (Source: Rothelowman Planning Proposal Design Report)

A building with many trees

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Figure 9 – 3D Aerial view of proposal as viewed from Newbridge Road frontage (Source: Rothelowman Planning Proposal Design Report)

Planning Assessment

Consistency with Strategies and advice of the Liverpool Local Planning Panel

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

The proposal in its previous form (which included retail) was referred in June 2020 to the Liverpool Local Planning Panel (LLPP). The LLPP provided advice to Council that that the Planning Proposal has strategic and site-specific merit and should proceed to a Gateway determination.

The Council meeting report and resolution from the 30 September 2020 meeting (available on Council’s Eplanning Portal) provides further comment regarding the Local Planning Panel meeting.

The proposal in its current form continues to demonstrate consistency with the Region Plan and the District Plan including the District Plan planning priority W3 (Providing services and social infrastructure to meet people’s changing needs) and W5 (Providing housing supply, choice and affordability, with access to jobs, services and public transport).

The proposal is consistent with the relevant local strategies including Council’s adopted Local Strategic Planning Statement (LSPS) and the Liverpool Local Housing Strategy 2020, including Planning Priority 6 of the LSPS – to create high-quality, plentiful and accessible community facilities, open space and infrastructure aligned with growth.

The proposal provides the opportunity for a retail premises being a supermarket, to be developed on the site of an adequate size to service the current and future population and visitors of the Moorebank East precinct and vicinity, whilst not impacting upon existing retail, including supermarkets, within the vicinity of the subject site and provides employment opportunities.

Flooding and Evacuation

As per Figure 3 above, Council mapping indicates that the site is affected by flooding from the Georges River, is within the flood planning area and the site is categorized as part low, part medium and part high flood risk, (i.e. 1 in 100 and PMF).

An updated Flood Impact Assessment and Flood Emergency Response Plan report were submitted to Council to support the current form of the Planning Proposal request. The report is made in conjunction with current Council and State agency policies including current Ministerial Directions, DPE draft Shelter in Place Guidelines, current Planning Circulars, 2022 Flood Enquiry Report recommendations and the Georges River Regional Flood Study undertaken in 2022.

The Report states that the 1:100 flood planning level is RL 5.6m ADH and PMF flood level is RL 10.2m AHD.

The report further provides the following levels:

· Ground Level - Loading dock area with a level of RL 2.5m AHD;

· Elevated ground level - Elevated loading dock and open area for extra flood storage with a level of RL 3.4m AHD;

· Level 1 - Retail car parking with a level of RL 7m AHD;

· Level 2 - Supermarket and retail specialty shops with a level of RL 10.2m AHD; and

· Level 3 - Light industrial uses with a level of RL 15.2m AHD.

The Report states that in the case of flooding, the vehicular evacuation route from the site is via roads which are flood free during a 1:100 flood event, being from the DCP collector road (Sprinkler Drive) located to the immediate south of the subject site between subject Lot 1 and Lot 2, to the road bridge known as Promontory Way, and onto Brickmakers Drive providing access to either Newbridge Road or Nuwarra Road.

The Report states that in the case of flooding, the pedestrian evacuation route from the site is via the DCP Road (Sprinkler Drive) into the Mirvac Georges Cove Residences residential area, and via the high level pedestrian bridge leading to Paine Park, and then to flood-free land along Horizon Circuit towards Nuwarra Road.

The report concludes that, ‘The proposed E3-zoned retail and light industrial/commercial development proposed in this PP for site A has been designed to exceed the State and Local Government requirements for flood management including considering the recent recommendations for the 2022 Flood Enquiry and revisions to the flood-related State and Council Planning requirements. It also complements the adjacent and recently approved development sites at Georges Cove Marina (site D) and Mirvac Georges Cove Residences (site C). There is sufficient vehicular and pedestrian infrastructure to provide safe flood evacuation. There is also a fall-back emergency, the shelter-in-place option available above PMF flood levels (if required) and additionally, the same option is provided in the approved Georges Cove Marina (site D) and Mirvac Georges Cove Residences (site C) developments’.

Council assessment note that the Planning Proposal is achievable by implementing necessary flood control measures, however, the site faces substantial challenges with evacuation in the event of a flood.

Access to the proposed supermarket includes, but is not limited to, is via Newbridge Road, which is prone to frequent flooding and subsequent road closures. The Planning Proposal has relied on the flood evacuation route of the Moorebank Cove residence (Site C), which is through Brickmakers drive.

Further, Council staff note the completed Georges River Flood Evacuation Study undertaken by Molino Stewart, recommends restricting further developments in the Moorebank East area, particularly as the existing infrastructure in the area is unable to provide safe flood evacuation from the proposed rezoning site. It is noted that the Planning Proposal carries the risk of necessitating a substantial boost in government expenditure on both road infrastructure and emergency management services and may contradict with Ministerial Direction 4.1 (Flooding).

Should the proposal be referred to DPHI for a Gateway request, a condition of the Gateway request is expected to involve consultation with the NSW State Emergency Services (SES). Further it is noted that the proposed development of a ‘supermarket’ is currently permissible on the site and the proposal seeks to increase the Gross Floor Area of the ‘supermarket’ only. Further it is expected that access to the future supermarket site can be closed in advance of predicted flood events as no residential land use is proposed on the site.

Vehicular Access and Impact upon road network

LDCP 2008 Part 2.10 (Development in Moorebank East) applies to the subject site and includes a collector street (Link Road) as per Figure 11 below (orange) which is partially constructed.

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Figure 10 – LDCP 2008 Part 2.10 Link Road outlined in orange providing access from Brickmakers Drive in the West to Davey Robinson Drive to the east (Source: LDCP 2008)

The Planning Proposal includes an Addendum Traffic Impact Assessment report based on the proposed land use of the site. The report proposes vehicular access for the site as follows:

- Newbridge Road – Two vehicular access points are proposed, with one being left in access for light and heavy vehicles, and one being left out for heavy vehicles only. Both provide ingress and egress in a forward direction for vehicles. Light vehicles exit via Sprinkler Avenue.

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Figure 11 – Newbridge Road proposed light and heavy vehicle entry/exit points. Source: Addendum Traffic Impact Assessment Report prepared by EMM Consulting.

- Sprinkler Drive (LDCP 2008 Collector Road) located to the immediate south of the subject site between subject Lot 1 and Lot 2 – Two vehicular access points with one being entry and exit for the proposed light industrial carpark, and one driveway being in/out for the retail car park. This road provides in/out access to Brickmakers Drive via the road bridge known as Promontory, Way and may in the future provide access to Davey Robinson Drive/Newbridge Road subject to progression of various other Planning Proposals.

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Figure 12 – Sprinkler Avenue proposed entry/exit points. Source: Addendum Traffic Impact Assessment Report prepared by EMM Consulting

Site Specific Development Control Plan (DCP)

Due to multiple Planning Proposals within the Moorebank East precinct and proposed land uses within the precinct, the existing Liverpool DCP 2008, Part 2.10 (Moorebank East Benedict Sands), is required to be updated. It is recommended if a Gateway determination is issued, for the DCP to be amended in consultation with the Proponent to reflect the proposed land use of the site.

The site specific DCP will include design controls such as building design treatments, activation elevations particularly fronting Newbridge Road and the southern access road, integration of vehicles and pedestrians, waste areas, open space, landscaping, tree planting, street and wall art, and any flooding/traffic/vehicular access related controls required.

Next Steps

If Council supports the Planning Proposal request, it will be submitted to DPHI seeking a Gateway determination. It is noted this will be an amended Planning Proposal to seek the proposed Local Provision clause within Part 7, Division 2 of the LLEP 2008, instead of Schedule 1 Additional Permitted Use (as currently proposed within the Proponents Planning Proposal).

Should a Gateway determination be issued by DPHI, it is recommended that the preparation of an amended site specific DCP be undertaken to support the Planning Proposal. The draft DCP amendment will need to be endorsed in principle by Council prior to the exhibition of the entire Planning Proposal package.

Subject to the above, public agency and community consultation can occur in accordance with the Gateway determination and Councils Community Participation Plan.

Following consultation, a further report will be prepared for Council prior to proceeding with the making of any amendment to the LEP and DCP.

Conclusion

It is considered that the Planning Proposal has sufficient strategic and site-specific merit to proceed to DPHI for a Gateway determination. The complex constrains of the site regarding vehicular access, traffic impacts on the road network and flooding can be further discussed and resolved post Gateway with the relevant State Agencies. It is recommended that Council endorses the Planning Proposal to proceed to a Gateway determination.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	There are no environmental considerations.
Social	There are no social considerations.
Civic Leadership	There are no civic leadership considerations.
Legislative	Division 3.4 (Environmental Planning Instruments – LEPs) of Environmental Planning and Assessment Act 1979
Risk	The risk is deemed to be Low. If Council does not support the Planning Proposal request, there is a risk that the landowner will seek a review of Council’s decision by the Sydney Western City Planning Panel. The risk is considered within Council’s risk appetite.

ATTACHMENTS

1. Planning Proposal - October 2023 (Under separate cover)

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

3. Request For Information Letter dated June 2023 (Under separate cover)

4. ASIC and Title Search (Under separate cover) CONFIDENTIAL

Other documents

The following documentation is available on Council’s Eplanning Portal at the following link:

Liverpool Council Eplanning - RZ-9/2017 - Lot 1 - 146 Newbridge Road Moorebank - Georges Cover Village

A. Local Planning Panel Report and Advice - 29 June 2020

B. Council Report and Resolution - 30 Sept 2020

C. Georges Cove Village concept design and architectural statement - October 2023

D. Flood Impact Assessment and Flood Emergency Response Plan - July 2023

E. Economic Impact Assessment Report - July 2023

F. Traffic Impact Assessment Report Addendum - October 2023

G. Traffic Impact Assessment Report - 9 October 2017

H. Social Impact Assessment Addendum - July 2023

I. Social Impact Assessment Report - 13 October 2017

J. Detailed Site Investigation for DA-24-2017 - March 2016

K. Remediation Action Plan for DA-24-2017 - May 2017

L. Ecological Impact Assessment - 14 December 2016

M. Bushfire Constraints Assessment - 26 July 2023

N. Georges River Regional Flood Evacuation Study - March 2022

O. Pre gateway exhibition submissions – August - September 2020

Ordinary Meeting

24 April 2024

Planning & Compliance Report

PLAN 08

Re-exhibition of draft VPA 49

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	107172.2024
Report By	Rouzbeh Loghmani - Coordinator Contributions Planning
Approved By	Mark Hannan - Acting Director Planning & Compliance

Executive Summary

The purpose of this Report is to seek Council endorsement to re-exhibit the amended draft Planning Agreement (VPA-49) between the Liverpool City Council (Council) and CFT No 13 Pty Limited atf Coombes Family Trust No 13 (Proponent).

The draft Planning Agreement is to enable the determination of an existing State Significant Development Application (SSD-10446) for the construction of a resource recovery centre located at 275 Adams Road, Luddenham.

The State Significant Development Application (SSDA) cannot be determined unless a Contributions Plan or a Planning Agreement is in force. Currently no Contributions Plan applies to the site – 275 Adams Road, Luddenham – and a Planning Agreement must be prepared to enable the assessment and determination of the SSD Application.

The draft VPA-49 was initially exhibited between 21 November 2022 and 19 December 2022 and no submissions were received during this period. Once the public exhibition period was completed however, the Proponent subsequently sought Council support to extend the timing for the adjustment mechanism of monetary contributions under Part 2 of Schedule 1 of the draft VPA-49 from 31 December 2024 to 31 December 2027.

The amended draft Planning Agreement (Attachment 1) and the draft Explanatory Notes (Attachment 2) must be re-exhibited to incorporate the proposed timing extension.

RECOMMENDATION

That Council:

1. Notes and receives this Report.

2. Endorses the public exhibition of an amended draft Planning Agreement (VPA-49) associated with SSD-10446 at 275 Adams Road, Luddenham and draft Explanatory Notes for a minimum of 28 days in accordance with Section 7.5 of the Environmental Planning and Assessment Act 1979 and Council’s Community Participation Plan.

3. If no objections are received and no amendments are requested by the Proponent during the public exhibition period, delegate to the CEO to execute the draft Planning Agreement in the form that was publicly exhibited.

4. If objections are received during the public exhibition period and/or any further amendments are requested by the Proponent, a further Report be prepared for Council consideration at a future Ordinary Meeting of Council.

REPORT

At the Ordinary Meeting of Council on 16 November 2022, Council endorsed the draft Planning Agreement associated with the State Significant Development Application (SSD-10446) for 275 Adams Road, Luddenham.

The SSDA sought consent for the construction and operation of a resource recovery facility with a capacity to receive and process up to 600,000 tonnes per annum of general solid waste (non-putrescible) for recycling.

The site is situated within the Western Sydney Aerotropolis and the Department of Planning, Housing and Infrastructure (DPHI) is the Consent Authority for the subject SSDA. It is required under Section 66(1)(c) of the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) that a Development Application associated with land within the Aerotropolis Precinct must not be determined unless a Contributions Plan applies to the land.

Currently, the draft Aerotropolis 7.12 Contributions Plan 2023 is with the DPHI for finalisation before referral to the NSW Minster for Planning and Public Spaces, Paul Scully MP, for approval. As such, no Contributions Plan currently applies to the site.

Meanwhile, Section 66(2)(b) of the EP&A Regulation allows for a Planning Agreement to be prepared for the development of land within the Aerotropolis Precinct to enable a Consent Authority to dispense with the requirement for a Contributions Plan and to proceed with the determination of a Development Application.

Accordingly, Council and the Proponent prepared a draft Planning Agreement for the site. The draft Planning Agreement and the draft Explanatory Notes were exhibited for a minimum period of 28 days between 21 November 2022 and 19 December 2022. No submissions were received during this exhibition period.

Following the public exhibition, it was however subsequently identified that a different version of the draft Planning Agreement than the one negotiated and agreed upon between Council and the Proponent was publicly exhibited.

The Proponent has also sought Council support to extend the timing for the adjustment mechanism of monetary contributions under Part 2 of Schedule 1 of the draft VPA-49 from 31 December 2024 to 31 December 2027.

In order to accommodate the proposed timing extension sought by the Proponent, as well as address the administrative error that occurred during the original public exhibition, Council must re-exhibit the draft Planning Agreement (Attachment 1) and the draft Explanatory Notes (Attachment 2) in accordance with Section 7.5 of the Environmental Planning and Assessment Act 1979 for a minimum period of 28 days.

FINANCIAL IMPLICATIONS

Council will receive a monetary contribution through either of the following methods:

1. Monetary contributions will be calculated and paid to Council at a rate of 10% of the Capital Investment Value only if the Aerotropolis 7.12 Contributions Plan has not been adopted before 31 December 2027; or

2. Monetary contributions will be calculated and paid to Council at a rate adopted in the final Aerotropolis 7.12 Contributions Plan if the plan is adopted before 31 December 2027.

The collected funds are to be held in a restricted account until such time as the works are scheduled and allocated towards public infrastructure in the Western Sydney Aerotropolis Precincts within the operational plan for delivery.

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Facilitate economic development.
Environment	Minimise household and commercial waste.
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 Regulation 2021
Risk	There is no risk associated with this Report.

ATTACHMENTS

1. 240404 - Draft Planning Agreement-275 Adams Rd Luddenham (Under separate cover)

2. 24.04.04 - Draft Explanatory Notes - 275 Adams Rd Luddenham (Under separate cover)

Ordinary Meeting

24 April 2024

Community & Lifestyle Report

COM 01

Report back to Council: Illegal Drug Issues in Liverpool

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	091030.2024
Report By	Jacqueline Newsome - Coordinator Community Development
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

At its meeting on 27 February 2024 Council resolved to:

· Direct the CEO to provide a report back to the April Council Meeting 2024, based on how neighbouring Councils contributed to addressing similar situations (drug and anti-social behaviour).

In response Council officers liaised with several neighbouring councils to understand their activities which aim to address illegal drug issues in their LGA. This report provides details from consultation. It outlines Council’s current actions which aim to address drug and alcohol related concerns in Liverpool. Furthermore, the report provides key data and statistics on current trends and the prevalence of drug and alcohol-related crime in Liverpool in comparison to neighbouring Local Government Areas (LGAs).

It should be noted that the management of drug and alcohol-related issues in public spaces is complex and multifaced, requiring a collaborative approach across multiple government and non-government agencies.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Drug and alcohol-related crime data and statistics – Liverpool LGA

Liverpool has historically been perceived as an LGA with high levels of drug and alcohol-related crime, as well as high levels of crime more broadly. While statistically it is noted that Liverpool does have a higher level of drug and alcohol-related crime when compared to some neighbouring LGAs and New South Wales more broadly, Liverpool has been experiencing a steady downward trend in these incidents over the last five years.

The following table indicates Liverpool incidents of drug offences in comparison to NSW-wide incidents. Over a five-year period, drug offences in Liverpool have seen a 4.1% reduction per year between January 2019 – December 2023, bringing Liverpool significantly closer to the state average.

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In addition, the Liverpool LGA has seen a greater decline in incidents of drug offences than in neighbouring LGAs Fairfield and Blacktown (both stable over the last five years), while Parramatta has experienced a 2.5% increase in drug offences during the same period, as reflected in the table below.

The steady decline in Liverpool’s drug offences has aligned the number of drug offences in Liverpool with those in Fairfield and Parramatta. This data suggests that while there remains ongoing concern related to drug offences in Liverpool, the number of instances in neighbouring councils is on par with what has been experienced in Liverpool. From this data it can be surmised that the actions and programs being undertaken to address drug and alcohol-related concerns in Liverpool are having similar effect to those in neighbouring LGAs.

Neighbouring council initiatives that address illegal drug issues

Council liaised with several neighbouring councils to understand their activities which aim to address illegal drug issues in their LGA. All councils indicated they work closely with their Community Drug Action Team (CDAT). Each CDAT builds a network with key service providers in their region where they collaborate to develop, design, and deliver activities that positively impact their community. Across NSW, over 50 CDATs deliver targeted harm minimisation and primary prevention activities each year. CDATs provide and distribute evidence-based alcohol and other drug (AOD) information, resources, and links within their communities and provide the opportunity to access AOD information, education, support, and resources.

In working with their CDATs, neighbouring councils of Fairfield, Canterbury-Bankstown and Penrith have delivered the following initiatives:

Council	Initiatives
Fairfield	The Fairfield CDAT delivered the “Leading Stronger and Connected Communities” project, which built capacity, knowledge and confidence of community and faith leaders to work towards prevention of AOD-related harm. The project aimed to challenge the attitudes, beliefs and stigmas associated with AOD use. The project developed an AOD resource toolkit and trained several community workers and faith leaders on its implementation. The project also developed a series of community awareness videos with community and faith leaders sharing the importance of talking about AOD use in the community and breaking down the stigma. The videos were translated into relevant community languages and shared across various channels. Fairfield CDAT engaged with young people from local schools to deliver ‘Fairfield World Cup – Stronger Without’ - a full day event to affect positive behaviour change and healthier decisions in young people in Fairfield, with a particular focus on young men aged 14-18 through a sporting event. The event increased awareness about the harms associated with alcohol and drug use along with a greater understanding of local support services.
Canterbury-Bankstown	The City of Canterbury Bankstown continually works in partnership with local youth organisations to deliver drug and alcohol education to at-risk young people in a suitable manner. There are two CDATs in the City of Canterbury Bankstown: Canterbury Community Drug Action Team and Bankstown Community Drug Action Team (BCDAT). The BCDAT delivered the ‘Preventure’ workshops series, which focussed on motivating teens and young people to understand how personality styles lead to certain emotional and behavioural responses. The workshops are working to increase the capacity of local young people to deal with issues related to AOD use and support emotional wellbeing. These workshops have encouraged behavioural change within the Bankstown community and raised awareness of the harms of shisha and other drugs, as well as educating the community on support services.
Penrith	Penrith CDAT formed a collaboration with the skateboarding social enterprise Totem Collective, who work with councils and community services to activate skatepark environments, shining a spotlight on building healthy connected communities. Introducing young people between 8-17yrs, their parents and extended family to fun and exciting pursuits available to them in their local neighbourhood. This project created a safe and engaging space for the supporting services to chat with parents on the importance of supporting their children to understand the harms of drug and alcohol in the family environment.

Liverpool initiatives that address illegal drug issues

Council works closely with the statutory agencies responsible for crime prevention and health, NSW Police and NSW Health, as well as various charities and community organisations delivering awareness, support and harm minimisation programs and services to the community. Together, these agencies are working to develop strategies to build community awareness and deliver prevention initiatives which support the management of drug and alcohol related concerns.

The Liverpool CDAT has recently reconvened after a long hiatus due to COVID-19. This group is a consortium led by Odyssey House NSW and funded by NSW Health. As a member of this consortium, Council works closely with other CDAT members to deliver awareness-raising activities which support a harm minimisation approach to addressing illegal drug issues. These initiatives include:

· Community awareness and education pop up events at key locations across the LGA including Bigge Park and Miller Square.

· Development of a community directory which outlines local AOD services.

· Implementation and management of Alcohol-Free Zones (AFZs).

· Reduced opening hours of some public amenities to curb illicit drug use in these locations (such as those in Bigge Park).

· The use of CCTV and increased security in known locations such as Macquarie Mall to discourage illegal drug use.

· Development of a community education resource which encourages the safe disposal of community sharps (syringes), distributed through local pharmacies, community events and programs, as well as via Council’s website.

· Regular discussion of AOD-related concerns at the Liverpool Community Safety and Crime Prevention Advisory Committee and in direct consultation with community organisations, Liverpool City Police Area Command (LPAC) and SWSLHD.

· Working with Liverpool City Police Area Command (LPAC) to conduct safety audits at key locations where known issues exist and to identify locations where Police taskings should be increased to address AOD issues.

· Supporting local AOD services such as Odyssey, Rendu House and Liverpool Drug Health (Jacaranda Clinic) to work across the LGA to provide direct services to AOD users.

· Delivery of community events and programs which encourage greater community engagement with spaces, increase passive observation and reduce instances of illegal drug use in public spaces; and

· Providing funding through the Grants, Donations and Community Sponsorship Program to support local organisations to deliver projects that promote community health and wellbeing, including early intervention and AOD prevention programs.

In addition, Council conducts a Community Safety and Crime Prevention Survey every four years to obtain community feedback on improvements to perceptions of safety in the LGA. This survey informs the development of Liverpool Community Safety and Crime Prevention Strategy (currently under review) which ensures that Council supports initiatives that work to address the concerns of the community, reduce crime and improve community perceptions of safety in Liverpool.

Conclusion

It is acknowledged that neighbouring councils have had some success in addressing AOD-related crime in their LGAs. It should also be acknowledged that Liverpool is undertaking similar strategies to address its own AOD-related crimes in the LGA. In all areas, the management of drug and alcohol-related issues in public spaces requires a collaborative approach across multiple government and non-government agencies.

Council will continue to liaise with neighbouring councils to understand how they have successfully addressed AOD-related crime in their LGAs and consider the implementation of similar programs, tailored to suit the needs of the Liverpool community.

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities. Support policies and plans that prevent crime. Support community organisations, groups, and volunteers to deliver coordinated services to the community.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

24 April 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	093801.2024
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 $34,480 from the Community Grant Program and Community Sponsorship Program.

RECOMMENDATION

That Council:

1. Endorses the funding recommendation of $14,480 (GST exclusive) under the Community Grant Program for the following projects:

Applicant	Project	Recommended
The Business Concierge	Survivor Life Skills	$10,000
Liverpool Meals on Wheels Inc	Community Meal Compliance	$4,480

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

Applicant	Project	Recommended
Play Matters Australia	Sing & Grow Community Partnership - Austral	$15,000

3. Endorses the funding recommendation of $5,000 (GST exclusive) under the Sustainable Environment Program for the following project:

Applicant	Project	Recommended
Newbridge Height Public School Parents and Citizens Association	Newbridge Heights - Bush Tucker Garden	$5,000

REPORT

Community Grant Program

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

Applicant	The Business Concierge
Project	Survivor Life Skills Program 2024
Amount Requested	$10,000	Total Project Cost	$10,000
Location	Liverpool LGA Schools	Date	August 2024
About the Applicant	The Business Concierge Ltd. is a not-for-profit organisation that provides courses and training programs to high school students around financial literacy, stress and mental health, employment, and other life skills. The organisation offers up to 60 subjects designed to meet the needs of students.
Description	Objectives: The Survivor Life Skills project aims to deliver a self-development course that equips students with lifelong skills. Students will gain knowledge in making informed and educated decisions in areas of finance, employment and other key skills which are not available within the school curriculum. The program is beneficial to all individuals, inclusive of age, gender, race, or socio-economic status. Outcomes: · Increased number of young people participating in self-development initiatives around financial independence and money management; · Improved ability to set and achieve goals; and · Improved employability skill set with to seek and obtain employment.
Beneficiaries	3000 primary school and high school students across the Liverpool LGA (Ashcroft High School, Holsworthy High School, William Carey, Miller Liverpool Boys, Liverpool Girls, All Saints Catholic College, and Miller Public School)
Assessment	Recommended for Funding - $10,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible, and meets the Community Grant Program funding priorities. Expected program outcomes 7.4.1 d), e) and f).

Applicant	Liverpool Meals on Wheels Inc
Project	Community Meal PEAL Program
Amount Requested	$4,480	Total Project Cost	$5000
Location	Liverpool NSW 2170	Date	April 2024
About the Applicant	Liverpool Meals on Wheels (LMOW) aims to provide a quality meals service that meets the individual needs of its clients while encouraging positive ageing and wellbeing. LMOW provides coordinated support, enhancing quality of life and preventing premature admission into long term residential care.
Description	Objective Food Standards Code by Australia New Zealan have recently introduced the Plain English Allergen Labelling (PEAL) program. New requirements are being implemented to ensure mandatory food allergen declarations are clear and consistent to ensure people are well-informed when making safe meal choices. In order to meet these requirements, LMOW need to purchase an appropriate label printer to meet the guidelines. Funding will also be used to replace broken food preparation equipment such as blenders and cookware. Outcomes · Improve nutritional intake in vulnerable communities through appropriate meal packaging and allergen labels; · Enable people to maintain independence and avoid premature admission into long-term residential care; and · Strengthen social connection with vulnerable communities with wellbeing checks through meal delivery program.
Beneficiaries	Vulnerable communities, residents isolated in their homes, frail, aged, people with disability, and their carers in the Liverpool LGA unable to access healthy nutritious meals.
Assessment	Recommended for Funding - $4,480 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible, and meets the Community Grants Program’s funding priorities. Expected Community Grant Program Outcomes 7.4.1 b), c), e) and f).

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

Applicant	Play Matters Australia
Project	Sing & Grow Community Partnership - Austral
Amount Requested	$15,000	Program Cost	$35,320
Location	Austral Community Hub, 219 Edmondson Ave, Austral NSW 2179.	Date	May 2024
About the Applicant	Play Matters Australia (PMA) supports children and families in building relationships, skills, and confidence through play. PMA is a national organisation actively delivering Sing&Grow programs to families in greater Sydney including Miller. Sing&Grow is an evidence-based music therapy program for families with children aged 0-5 years affected by adversity. Sing&Grow programs are delivered in partnership with local organisations to embed services within the community. PMA have chosen to collaborate with the Community Hub at Austral Public School to deliver the Sing&Grow program.
Description	Objectives: PMA is seeking funds to expand its service delivery to Austral, a suburb where Sing&Grow has not yet been delivered. Through the delivery of a 12 month Sing&Grow program, PMA aims to foster community engagement and social connection with local families by: · Promoting the Sing&Grow programs to local families; · Partner with other community organisations to promote local services to families; and · Build the capacity of families to integrate diverse play experiences into their daily lives. Outcomes: · Increased parent/carer knowledge of child development and supported learning through local partnership with Austral Community Hub; · Improved parental mental health and wellbeing and enhanced parent/carer-child relationship; · Increased parent-child home learning engagement including music and social-emotional child development; and · Enhanced transition to school for children approaching kindergarten.
Beneficiaries	Austral Community Hub, Austral residents, children aged 0-5 years, Play Matters Australia.
Assessment	Recommended for Funding - $15,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, and meets the Matching Grant funding priorities. Expected program outcomes 7.6.2 a), and b).

Sustainable Environment Grants Program

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

Applicant	Newbridge Height Public School Parents and Citizens Association
Project	Newbridge Height Bush Tucker Garden
Amount Requested	$5000	Program Cost	$5000
Location	Newbridge Height Public School, Chipping Norton NSW 2170	Date	July 2024
About the Applicant	Newbridge Heights Parent and Citizens (P&C) Committee collaborate closely with the school to support the growing needs within the school community. The group is made up of volunteers, usually parents of students at the school, to help facilitate projects and programs within the school. The P&C collaborates closely with staff of the school to fundraise, promote, and engage opportunities to strengthen the school environment for our students.
Description	Objectives: Newbridge Heights Public School aims to utilise its existing school space to create a Bush Tucker experience incorporating teaching experiences that connect with First Nations Peoples. Funding is required to develop a sustainable garden program that involves purchasing bush tucker plants and designing signage with help of local First Nation students. Plant signage will include a QR code, enabling the school community to learn more about the indigenous use of these plants. Once established, the garden will serve as a hub, teaching students to cook and craft with Indigenous plants, in partnership with local elders from the school community. Outcomes: · Improved access for students and school community to learn about sustainable agriculture through active management of garden beds; · Increase number of students, staff and families building connection with local First Nation community and culture; · Increased number of students and community members participating in eco-friendly practices such as gardening, composting, and waste minimisation; and · Generate youth empowerment through First Nation engagement programs.
Beneficiaries	Kindergarten to year 6 students, schoolteachers, and school community.
Assessment	Recommended for Funding - $5,000 Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible and meets the Sustainable Environment Grant funding priority – Environmental Improvement. Expected program outcomes 7.5.1 a), b), and f).

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 and Community Grants Program has now been exhausted for the 2023-2024 financial year. Any further successful applications received under Community Sponsorship and Community Grants Program 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	-$29,029	Nil	-$29,029
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$102,000	-$17,774	$14,480	-$32,254
MATCHING GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$200,000	$149,282	$15,000	$134,282
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report	Remaining
$75,000	$50,000	$5,000	$45,000
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding in this report	Remaining
$477,000	$152,479	$34,480	$117,999

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 neighbourhood 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

24 April 2024

Corporate Support Report

CORP 01

Investment Report March 2024

Strategic Objective	Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources
File Ref	105086.2024
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 March 2024. Key highlights include:

· Council held investments with a market value of $390 million.

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

· The portfolio yield (for the year to March 2024) was 13 basis points below the benchmark (AusBond Bank Bill Index)

	AusBond Bank Bill Index (ABBI)
Benchmark	4.19%
Portfolio yield	4.06%
Performance below benchmark	-0.13%

· 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 $6.16 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 $386 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 15.04 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 March 2024, Council held investments with a market value of $390 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:

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 15.04 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 $386 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 March 2024 was below the ABBI index by 13 basis points (portfolio yield: 4.06%; ABBI: 4.19%).

Comparative yields for the previous months are charted below:

Performance of portfolio returns against budget

Year-to-date, Council’s investment income was $6.16 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	$8.00m	$12.26m	$4.26m
Fair value market movement	$0.00m	$1.90m	$1.90m
Total	$8.00m	$14.16m	$6.16m

Economic outlook – Reserve Bank of Australia

The Reserve Bank of Australia has remained the official cash rate to 4.35 per cent in its meeting on 19 March 2024.

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 $6.16 million higher than the original budget at 31 March 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

Nil

Ordinary Meeting

24 April 2024

City Futures Report

CFD 01

Update Austral Park Masterplans - Craik Park and Scott Memorial Park

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	110135.2024
Report By	Mark Taylor - Social Infrastructure Planner
Approved By	Shayne Mallard - Director City Futures

Executive Summary

In July 2024, Council engaged the external consultants to prepare a landscape masterplan for Craik and WV Scott Memorial Park. For Craik Park we have developed alternative concept design scenarios, reflecting the user groups and community’s aspirations. This report outlines the staged development process from concept layout to the Final Landscape Masterplan, emphasising alignment with community vision, strategic objectives, and sustainability principles. Craik Park is a Crown Reserve, dedicated as a Showground, and is currently used as a sports and passive park. This report recommends a balanced model is developed in Scenario A - Showground, Events and Recreation option – this scenario looked to build on the original land designation, and to develop the site with a balance of sport, environment and passive recreation uses for the growing Community. This option supports the widest range of community uses, the improvement delivered in stages as funding is released and identified. Options for a regional synthetic Athletics hub will be explored in other District Parks or within the Western Sydney Parklands identified regional sporting Precinct. WV Scott Memorial Park has been staged into short term and long-term aspirations for sports to remain and to incorporate play and community elements into the recently acquired lot.

RECOMMENDATION

That Council:

1. Receives and notes the report;

2. Approves the preferred option for Craik Park for public exhibition for community information and feedback for a period of 28 days;

3. Approves the draft Masterplan for WV Scott Memorial Park for public exhibition for community information and feedback for a period of 28 days;

4. A further report and final masterplan to be brought back to Council at the end of the public exhibition period.

REPORT

Council assesses development and will deliver infrastructure that is informed by the masterplan for the Austral and Leppington North precinct. This plan is known as the Indicative Layout Plan (ILP) and shows how each rural acreage site will be developed over time to provide a high-quality liveable community. Key features of the ILP, including the road network, land use precinct, and the locations of parks and drainage

Council is responsible for delivering stormwater infrastructure, most public open spaces, community facilities, and some roads. Given the size and scale of the Austral and Leppington North precincts, Council will need to prioritise the delivery of this infrastructure.

Approximately 100 hectares of public open space will be delivered by Council in Austral and Leppington North as the precinct develops. The new facilities will include playgrounds, walking trails and sporting fields. When the suburb is fully built, most new residents will be within 400 metres of a park.

The 2011 assessment conducted for the Department of Planning and Infrastructure highlighted several key opportunities within the Austral and Leppington North Precincts regarding their existing parks network and demographic characteristics. Notably, the presence of open spaces like Craik Park and WV Scott Memorial Park was recognized, with plans to retain Craik Park while reallocating WV Scott Memorial Park for the proposed aquatic/indoor sport centre, with the parkland itself being relocated elsewhere. Additionally, the precincts benefit from the proximity to the Western Sydney Parklands, providing an opportunity to accommodate regional informal and major sporting facilities without the need for them to be directly situated within the precincts.

The assessment emphasised the significance of the extensive creek system within the area, including Bonds Creek, Kemps Creek, and Scalabrini Creek. These waterways offer valuable pedestrian and cycle linkages, as well as informal open spaces within their riparian corridors., the presence of natural bushland, such as Starr Park and scattered areas throughout the precincts, was highlighted. The preservation of these natural habitats, with varying levels of public access, contributes to the overall environmental and recreational value of the Austral and Leppington North Precincts.

Craik Park is situated in the heart of Austral and Leppington North, one of Sydney's Priority Growth Precincts. Craik Park is Crown a Reserve No 73165 was gazetted for Public Recreation/ Showground and Council is the Crown Land Manager. Council is required to prepare a Plan of Management under the Crown Lands Act 2016 and a Masterplan will support actions. The Park located just 10 kilometres southeast of the Western Sydney Airport and in close proximity to the Western Sydney Aerotropolis, it holds significant potential for its future as a local town park, meeting the many day-to-day passive and active recreation needs of its community.

WV Scott Memorial Park is local sporting open space home to Austral Soccer Club and Fairfield Liverpool Cricket Association in Summer , there are two full-size soccer fields, two junior soccer fields, and one outdoor netball court (used for additional parking), as well as a clubhouse inclusive of change rooms and storage facilities. it includes y a concrete monument, dedication to Flying Officer William Verdun Scott who was killed in action in the Second World War.

Council has identified the need to develop Masterplans for these two important parks to establish the improvements and facilities required to meet its rapidly growing community. Consequently, a draft Masterplan has been prepared, reflecting the community’s recreation needs gathered through stakeholder engagement.

A map of a city

Description automatically generated

Figure 1: Austal Open Space Network Map

Landscape Masterplan

A Landscape Masterplan is a plan that is developed after analyzing existing site features,

considering community requests and determining the functions of a site. Opportunities,

conflicts and constraints are identified for the development of an overall plan. The

Landscape Masterplan is a strategic document that provides direction for the future staged.

upgrading of the park and its facilities.

The Landscape Masterplan will enable Council to work in stages as funds become available to revitalise the parkland and make the most of the established landscape character and the

area’s rich history and current growth demands

The Landscape Masterplan will encompass the following elements:

· Community Vision Reinforcement: Consideration of how park upgrades align with the community's vision and Strategic Intent objectives.

· Landscape and Urban Design Frameworks: Outline of sustainability, accessibility, and design frameworks, encompassing multi-purpose recreation, ecological corridors, active transport, and arts, culture, and history.

· Long-term Planning: Documentation to guide park development over the next 5 to 10 years, providing an overall park design with analysis.

· Alignment with Council Guidelines: Ensuring compliance with Council's planning framework, specifically the Recreation and Open Space Strategy.

· Integration with Council Programs: Informing Council's open spaces program and Capital Works Program, as well as the Operational Plan.

· Forward Planning for Funding: Serving as a guide for applying for external funding and infrastructure grants, facilitating the realisation of park improvements.

Community Engagement

Community consultation to inform the masterplans and broadly in Austral was undertaken in late 2023 as part of broader conversations and engagement with the Austral community and user groups.

The Community Engagement Phase 1 results, including an online survey, drop-in session, and social pinpoint map available for community input from August 29 to September 22, 2023. These methods aimed to identify community values, needs, and aspirations to inform the masterplan for the site, with a second phase of engagement planned for feedback on the draft masterplan.

Overall young families of Austral emphasised the immediate need for these play and sporting facilities, to contribute to building a healthy lifestyle for children, youth, and adults alike. The need for numerous new play spaces throughout Austral was the greatest priority captured across the engagement, being the top response in every single engagement method and receiving 500% more votes and ideas than any other priority tested during the consultation.

Questions were targeted to both parks to ascertain differences in the staging, inclusions, and priorities.

Craik Park Specific Engagement

Engagement participants wished to see Craik Park become a hub for sports and physical activity and a place defined by a sense of play.

The desire master planning process for Craik Park prioritizes enhancing its existing sports and active identity while ensuring equitable access for the community. Stakeholders emphasize retaining and upgrading tennis courts with a fair booking system, upgrading the clubhouse to accommodate diverse uses and larger events, and incorporating recreational facilities for older youth such as ping pong tables or a small skate park. Additionally, there is a strong desire for a connected walking/cycling loop, nature trails in the neighbouring bushland, and amenities for residents to access the park by bike or foot. The inclusion of picnic and seating spaces is highlighted as essential for social gatherings, with an emphasis on co-locating these areas with play spaces to encourage longer stays for multigenerational families. Purpose-built courts, outdoor gym equipment, and increased cricket facilities are also sought after, along with upgraded parking to accommodate the anticipated increase in park usage.

The community's vision for Craik Park emphasises inclusivity, active lifestyles, and social connections. Proposed upgrades aim to not only improve existing facilities but also diversify recreational opportunities for various age groups. Key priorities include enhancing sports infrastructure, creating a connected walking/cycling loop with nature trails, and providing amenities for youth and families.

The plan also addresses the need for diverse gathering spaces, outdoor fitness equipment, and increased cricket facilities to meet growing demand. Additionally, upgrades to parking infrastructure are deemed essential to support the anticipated increase in park usage during sporting events and community gatherings.

Participants varied on what sort of play and games best responded to their personal needs, however three priorities emerged from the engagement:

1. A regional sized nature play space, which accommodates different age groups

2. A walk/cycle loop throughout the park

3. High quality sporting facilities and fields, with accompanying amenities

In addition to the active and playful identity that already exists at Craik Park, participants recognised that it provided opportunities for much needed auxiliary uses of relaxation and socializing.

Participants commonly highlighted the opportunity to connect with the neighbouring bushland, and the need to ensure increased tree canopy and dense planting define a varied number of gathering and social spaces scattered around the parklands.

A separate session was undertaken with the current sporting user groups on 22 November 2023 including the Western Blues Little Athletics Club and Austral City Bears -Junior Rugby League Football Club.

MASTERPLAN OPTIONS

Councils consultant conducted background studies and investigations on the suitability of the site for current and future public recreation users and internal expertise in the Project Control Group. Due to the difficulty in preparing a coherent single masterplan for the site Council officers directed the consultant to develop three masterplan Scenarios for Councils consideration that best reflected the options available. Each scenario has a range of positive and negative elements.

The three scenarios developed were :

A. Showground, Events and Recreation option – this scenario looked to build on the original land designation, and to develop the site with a balance of sport, environment and passive recreation uses for the growing Community. This option supports the widest range of community uses.

B. Contribution Plan option – this option is consistent with the Contribution Plan as a local sporting space. This option bests responds to the desktop strategic planning conducted in 2011that considered the site as a local sportsground.

C. Athletics Hub option - this option focused on the site as a regional hardtack athletics facility with central field - that exceeds the local sports level. This option maximises the site as regional sports hub but limits other uses.

The table below presents a comparison analysis of key considerations for the Masterplan options.

Masterplan Scenarios Benefits Comparison
Consideration	Scenario A SHOWGROUND, EVENTS AND RECREATION OPTION	Scenario B Contributions Plan Led OPTION	Scenario C ATHLETICS HUB OPTION
Option	The proposed design aims to strike a balance between community sports activities and spaces for passive recreation, all while accommodating the historic Showground purpose.	In this option, the proposed design depicts the emphasis outlined in Council's current Contributions Plan, meeting the funding requirement.	This option presents a feasibility test for incorporating athletics track with a hard surface and its associated facilities.
Delivery	Delivers a balanced active and passive space that can respond to current and future users	Delivers the Contribution Plan	Delivers a regional significant Athletics Facility
Estimated Total Cost to deliver	$12,372,422	Current Contribution Plan $6,145,469 Current Rates based cost is currently considered . $9,551,400	$15,000,000* * Based on previous project experience on Maitland Regional Athletics Centre. 2020 and 25% cost increase
Funding / Potential Funding Sources	Developer Contributions Crown Lands Grants Sporting Grants General Revenue	Developer Contributions Crown Lands Grants Sporting Grants	Regional Sporting Grants Crown Lands Grants Club Contributions User fees

Showground, Events and Recreation option

A map of a field

Description automatically generated

Figure 2: Showground, Events and Recreation Option (see attachment for higher resolution and scale version)

The benefits of the proposal include promoting inclusivity for both sports and non-sports communities, offering a comprehensive sports complex with necessary amenities, providing diverse programs to cater to varied community interests, and designing flexibility to accommodate showground and event activities.

Additionally, the proposal incorporates informal recreational spaces, areas for off-leash dog activities and informal training, breakout zones for active pursuits, spectating, and socializing, and ample shading with high canopy coverage. Additionally, it enhances openness by removing fencing around the sports field, maintains the oval shape for showground/ event usage, places play areas and lawns conveniently near parking, and constructs a new amenity building to support community sports. Finally, it includes controlled overflow parking for future community events.

The proposal highlights the following impacts, the intersection of the cricket pitch with other fields is considered suboptimal, and the funding outlined in the Contributions Plan falls short of requirements.

Contribution Plan option

Figure 3: Contributions Plan led Option (see attachment for higher resolution and scale version)

The local community gains access to diverse sports programs, encouraging participation in active sports and promoting a healthier lifestyle.

The proposed spatial program aligns with the funding requirements outlined in the current Contributions Plan, ensuring efficient utilization of resources.

Impacts include;

· favouring sport-focused activities over passive recreation options creates an imbalance in the community's recreational opportunities.

· The intersection of the cricket pitch with the senior rectangular field and athletics track is not considered best practice, potentially affecting the quality of sporting experiences.

· Maintaining the oval shape while accommodating two senior soccer fields and preserving existing bushland proves to be unfeasible, posing challenges to the overall design plan.

· The community faces a lack of access to other unstructured recreational programs, limiting options for outdoor activities.

· Expanding parking capacity requires compromises, such as removing some existing trees, which may impact the natural environment.

Athletics Hub option

Figure 4: Contributions Plan led Option (see attachment for higher resolution and scale version)

Providing an international standard field, it stands as the sole synthetic surface track within a 17-kilometer radius, enhancing the region's sports infrastructure and attracting athletes and spectators alike. This state-of-the-art facility not only fosters athletic excellence but also promotes physical activity and community engagement.

The development project necessitates extensive earthwork to flatten the existing ground to conform to international standards for athletic games. This process, while essential for the quality and safety of the facility, may have ecological consequences such as the removal of 46 existing trees to accommodate formalized parking spaces and earthworks. Additionally, uncertainties loom regarding the demand for a hard surface athletic track in the area, potentially leading to underutilization or misallocation of resources.

Furthermore, the expansion required for a larger building footprint, centralized towards the field, and extended towards the finish line, introduces architectural challenges, and may disrupt the existing landscape. Moreover, inadequacies in parking capacity, amenities, road networks, and drop-off areas pose logistical challenges in accommodating the proposed activities. The high maintenance cost of the synthetic surface, estimated at 1 million every 7 years, adds a significant financial burden to the project, potentially impacting long-term sustainability and operational budgets. Additionally, the presence of unavoidable 'awkward' in-between spaces and limited public open space primarily catering to single-use sports may diminish the overall appeal and functionality of the facility.

FUNDING STRATEGY

Each Masterplan is comprised of large and diverse components. As a result, the Masterplan is developed for delivery in multiple stages, in accordance with funds available or to be secured in future as outlined below.

1. Contributions Plan

Currently, Council total value of Contribution Plan works for Craik Park (LP5) is $6.1M and $1.67M in project costs identified in Austral/ Leppington Contribution Plan collected for a local sport field infrastructure. The detailed design, DA and partial construction of sports fields and outdoor recreation facilities can be funded from the allocated funds in Contributions Plan.

2. External Grant Applications

To secure additional funds there are a range of relevant grant programs, in most cases Contribution Plan funding can be used as supporting funding.

WV Scott Memorial Park – Masterplan

WV Scott Memorial Park is classified as a Local Open Space owned by Council. The Austral North and Leppington Contributions Plan notes that local parks should have a range of play spaces and opportunities and cater to older children and young people as well as a traditional playground for young children.

This site has been identified as a future location for the Austral Aquatic and Leisure Centre (as highlighted in the Indicative Layout Plan for Austral and Leppington North Precinct). As Council is unable to fund the project through contributions and Council currently committed to delivering the aquatic centre at Carnes Hill . The Masterplan covers the design of the temporary use, capacity of existing sport courts to multi-sport games court, the upgrade of the Children’s Playground to suit all ages and the adaptively re-used of the existing dwelling on the recently acquired land to provide for short-term needs (e.g. storage facilities). Temporary facilities to provide Changerooms for the growing Austral Soccer Club as the sport fields will need to remain operational.

The intended outcomes of the Masterplan are;

· To improve the capacity and accessibility of the existing park, taking in consideration that WV Scott Memorial Park is the designated location of the future regional Austral Aquatic and Leisure Centre (AALC).

· Provide access to the community to the recently acquired Lot fronting Fifth Avenue.

· Re-using existing floorspace to cater for some of the longer-term needs.

· To upgrade the existing children’s playground to suit all ages and the existing sport courts to multi-sport games court.

· For toilet facilities to be of public access.

· To redesign the existing car park to incorporate accessible parking and additional spaces if needed.

· To improve/incorporate walking and biking trails and to consider connectivity to surrounding open spaces and green corridors.

· To improve changerooms and spaces for the current Austral Soccer Club to cater for short term growth.

Figure 5: WV Scott Memorial Park and additional open space added in 2023.

It is expected that the central spine of the site will serve to bypass the Bringelly Road at grade crossing, serving as a conduit for pedestrians and cyclists. This will improve access to the LTC core and train station for residents north of Bringelly Road and provide a higher amenity environment which may further encourage active transport use. This spine would also encourage users to pass through Scott Park, potentially increasing patronage and use as residents become more familiar with its offerings.

Any pedestrian access should be aligned with the pedestrian bridge and should be sufficiently wide to accommodate two-way cycle movements (2.5-4m wide in the middle) flanked by pedestrian circulation on both sides. The transformation of Scott Park into a state-of-the-art facility is met with excitement from participants, who see it as an opportunity to meet local community needs and enhance Austral's appeal as a place to live. The top priority, as chosen by 64% of survey participants, is the creation of more play spaces, particularly nature-inspired ones, integrating traditional elements like swings and slides while fostering imaginative play.

Specific WV Scott Memorial Park Engagement

Common ideas from the community Engagement relevant for WV Scott Memorial Park included:

· A diverse range of high-quality play spaces throughout Austral

· Walking/cycling paths and trails around all parks, connected

· Provision of youth focused facilities like basketball courts, and skate parks

· A high-quality leisure and aquatic centre

· Waterplay opportunities

· Nature play opportunities

· Provision of picnic and barbecue facilities to encourage community gatherings

· Providing adequate parking to accommodate capacity

· Adequate tree canopy and dense planting to provide respite from urban living

· Adequate lighting to ensure safe use of walking paths and facilities after dark

· Upgrades to existing sports fields to increase capacity and resilience to weather

· Integration of food and beverage provision at open spaces and playgrounds

· Installation of new amenities and clubhouses across all open space sporting facilities

Residents express great enthusiasm for the inclusion of a significant aquatic and indoor sports facility, which they believe will not only address local needs but also boost employment opportunities, facilitate sporting events, and promote wellbeing in Austral. Specifically, they advocate for waterplay features within the aquatic center and a range of sports facilities, such as basketball and netball courts, to cater to the youth population.

The proposal to establish a walking and cycling track around Scott Park receives widespread support, especially from older participants, who view it as integral to the park's identity and conducive to its relaxing atmosphere. Furthermore, there is a desire for a mountain biking trail in the bushlands, highlighting the community's appreciation for outdoor activities and ecological sensitivity.

Participants also emphasize the importance of providing spaces for relaxation and connection with nature within Scott Park, with picnic areas and seating being a priority. Additionally, there is a call for upgraded sporting fields to accommodate large events and improve amenities for various sports. Concerns about traffic and parking limitations are raised, underlining the need for thoughtful planning to manage increased visitor numbers effectively.

WV SCOTT MEMORIAL PARK - SHORT TERM

Figure 6: WV Scott Memorial Park - Short term 0-5 years

The initial vision for the masterplan focuses on immediate upgrades to existing facilities to meet the growing demands of the community within the next 0-5 years. Key priorities include addressing issues like overflow car parking by repurposing existing residential buildings into versatile community spaces. These spaces could potentially house amenities such as cafes, childcare facilities, and additional toilets, maximizing their utility and activating the street frontage. By leveraging the north-facing orientation of these buildings, there's a unique opportunity to create inviting public spaces with features like outdoor seating and umbrellas, enhancing the overall appeal of the park.

Furthermore, the project aims to establish a dynamic community spine, serving as a central pedestrian thoroughfare for intuitive navigation and accessibility throughout the park. This spine not only enhances connectivity but also accommodates potential vehicular access in certain scenarios, ensuring the park remains functional for various modes of use. Additionally, the plan emphasizes the creation of inclusive play spaces, upgraded change room facilities, and the integration of existing memorial elements to honour the park's history and enhance its cultural significance. Through the provision of multi-sport courts and communal open spaces, the project strives to promote active lifestyles and foster social interaction, catering to the diverse needs of the community while ensuring sustainability and adaptability for future development phases.

WV SCOTT MEMORIAL PARK - LONG TERM

Figure 7 WV Scott Memorial Park - Long Term

In response to the growing community- enhanced recreational facilities promoting active lifestyles and well-being, our long-term vision encompasses the development of a dynamic social hub. This hub will serve as a regional-scale play space, strategically located for equitable access and whole-of-park activation It will feature an expanded play area, including a skate park integrated with the new E-W Green Street, and outdoor waterplay facilities alongside a 50m outdoor swimming pool within a thoughtfully designed aquatic centre.

Furthermore, to ensure the inclusivity and sustainability of this vision, communal open spaces will be enhanced with amenities buildings servicing the play spaces, courts, and fields. The Andalusian St Linear Park extension will provide a green buffer, offering level open lawn spaces for informal recreation while the introduction of a Green Street will enhance connectivity through the park, with vehicular access considerations integrated into the future aquatic centre design.

Finally, the Active Transport Link, featuring a bridge connection over Bringelly Rd and direct access to the multi-sports courts atop the aquatic centre, will prioritize equal access for all members of the community, fostering a vibrant and cohesive social environment.

FINANCIAL IMPLICATIONS

Costs associated with this recommendation are in future stages however consideration or realistic current costs will be further developed based on the designs and current project rates.

IMPLEMENTATION PLAN AND BUDGET PHASING

Currently Council has funds available in the Contribution Plan for eligible works under Contribution Plan funding (i.e., construction of sport fields). Consideration needs to be given to how much funding can be contributed to the project from other budget sources.

After the Masterplan phase a staging plans and completion of necessary planning background studies (traffic, environment, heritage, and flooding) and detailed design and acquiring all necessary planning approvals will enable the entire project scope shovel ready for staged delivery. These approvals will support applications for annual government grants including Office of Sport Facilities Grants, Places to Play (DPE) and other grant programs that become available.

Short term funding from Contributions and matching grants will see multiple stages to develop the Park over many years., such as;

· Part 1: (underway) Site remediation and demolishing improvements, construction and delivery of new access and Stage 1 playground

· Part 2: Improvements to current sport uses and facilities to meet demand and outdoor courts, and adjacent parking and adaptive re-use of current buildings for community use.

· Part 3: Construction and delivery of the aquatic facilities, recreation facilities and the remainder parking

CONCLUSION

Council has identified the need to develop a Masterplan to establish the improvements and facilities required to meet its rapidly growing community. Consequently, a draft Masterplan has been prepared, reflecting the community’s recreation needs gathered through stakeholder engagement.

Young families of Austral emphasized the immediate need for these play and sporting facilities, to contribute to building a healthy lifestyle for children, youth, and adults alike.

In July 2024, Council engaged the external consultants who prepared Landscape Masterplans and developed alternative concept design scenarios, reflecting the user groups and community’s aspirations.

Craik Park is a Crown Reserve, dedicated as a Showground, and is currently used as a sports and passive park. This report recommends a balanced model as developed in Scenario A - Showground, Events and Recreation option – this scenario looked to build on the original land designation, and to develop the site with a balance of sport, environment and passive recreation uses for the growing Community. This option supports the widest range of community uses, the improvement delivered in stages as funding is released and identified. Options for a synthetic Athletics hub will be explored in other District Parks or within the Western Sydney Parklands identified regional sporting Precinct.

WV Scott Memorial Park has been staged into short term and long-term aspirations for sports to remain and to incorporate play and community elements.

Both park masterplans have been developed through extensive collaboration with stakeholders and careful consideration of the existing and future community needs and aspirations that reflects the shared vision for both Craik Park and WV Scott Memorial Park, aiming to enhance their recreational and community value for years to come.

Through detailed analysis, and stakeholder engagement, the masterplans provide a comprehensive framework for future development, ensuring alignment with strategic objectives and sustainability principles. It serves as a guide for implementing upgrades and improvements, facilitating the parks' evolution into vibrant, accessible, and inclusive spaces for residents and visitors alike.

CONSIDERATIONS

Economic	Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Facilitate economic development. Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Retain viable opportunities for local food production while managing land use to meet urban growth. Enhance the environmental performance of buildings and homes. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues.
Social	Raise awareness in the community about the available services and facilities. Provide cultural centres and activities for the enjoyment of the arts. Support policies and plans that prevent crime. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Deliver high quality services for children and their families.
Civic Leadership	Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. 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	Include any relevant legislation and section here. There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

ATTACHMENTS

1. Austral Open Space Map (Under separate cover)

2. Craik Park Masterplan Design Options (Under separate cover)

3. WV Scott Memorial Park Masterplan (Under separate cover)

Ordinary Meeting

24 April 2024

Operations Report

OPER 01

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

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	100173.2024
Report By	Iqra Hoda - Assistant Project Manager (WSIGP)
Approved By	Jason Breton - Director Operations

Executive Summary

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

In 2022 Council endorsed a masterplan designed on the assumption that undergrounding the cables was within the budget of the project. Since then, further investigations with TransGrid found that undergrounding the cables would cost $12.7 million and take up to four years to complete. The sports field project is funded by the 2008 contribution plan which has a remaining budget of $6.5 million.

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

RECOMMENDATION

That Council adopts the amended master plan for the Carnes Hill Recreation Precinct Stage 2 Sports Field Masterplan.

REPORT

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

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

A map of a land with a green field and a park

Description automatically generated with medium confidence

Figure 1: Endorsed Concept Plan 2020

During the initial 2020 master planning phase, the architect (COOP) considered the physical site constraints, including the presence of high voltage powerlines running diagonally through the site. The quantity survey at the time estimated it would cost $2 million to underground the power lines.

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

A screenshot of a computer screen

Description automatically generated Figure 2: 2022 Cost comparison with escalation.

In February 2023 Council was advised of the successful Western Sydney Infrastructure Grant Program (WSIGP) application that would provide $53.4 million to deliver the aquatic and recreational portion (south site) only.

Since the commencement of the detailed design phase for the Development Application (DA) in July 2023, a series of early works investigations were undertaken. This included communication with the utility provider TransGrid, who own and manage the high-voltage transmission lines that cross the site. Upon review of the endorsed master plan, they advised that the proposal to underground the 330KV powerlines was both cost- and time-prohibitive, given the available funds in the contribution plan and program.

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

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

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

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

Based on TransGrid’s advice the cost of relocating 465m (approximate length) of cables underground is estimated at $9.3m plus additional expenses related to the transmission stations and consultancies. See attached the review of HDV Costs.

The four-year planning timeframe that includes extensive coordination, engineering and construction works would provide a substantial obstacle to delivering the project on time alongside the WSIGP scheduled construction of the aquatic centre. The cost and time associated with environmental and development approvals as well as community consultation and property acquisition would have to be borne by Liverpool City Council.

In November 2023, Council endorsed the amended Carnes Hill Aquatic Centre masterplan, which involved the reconfiguration of the aquatic centre built form to adhere to TransGrid's easement guidelines.

A map of a city

Description automatically generated

Figure 3: 2023 Amended Aquatic Centre Masterplan.

The purpose of this report is to seek Council approval to amend the sports field portion of the masterplan for Carnes Hill Recreation Precinct Stage 2 as shown in Figure 4. The amended design eliminates the risks involved with the relocation of the high-voltage transmission lines, while maintaining the same open space outcomes for the precinct as required by the 2008 Contribution plan.

A map of a city

Description automatically generated

Figure 4: 2024 Amended Sports field master plan. (see attached for higher resolution and scale version)

The revised design has been amended to adhere to TransGrid's 'Easement Guidelines' to prevent any potential design-related issues during the Review of Environmental Factors (REF) or delivery stages. The amended design satisfies the outstanding requirements of the 2008 Contribution plan which include a multipurpose sports field, four multipurpose sports courts, a playground and associated infrastructure works.

FINANCIAL IMPLICATIONS

It is estimated that it would cost Council approximately $12.7m to underground the powerlines. This estimate is based on advice from TransGrid and a memo provided by quantity surveyors Turner and Townsend.

The 2008 contribution plan that funds the delivery of the Carnes Hill Recreation Precinct Stage 2 Sports fields has the following remaining budget:

· Playing fields - $6,000,000

· Sports courts - $189,000

· Playground - $320,000

As a result, Council would need to allocate an additional $12.7m to the project to underground the HV lines.

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

CONSIDERATIONS

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

ATTACHMENTS

1. Carnes Hill Amended Sports Field masterplan 2024

2. High Level Estimate for HV Underground Transmission Lines

Ordinary Meeting

24 April 2024

Committee Reports

CTTE 04

Minutes of the Liverpool Local Traffic Committee Meeting Held on 20 March 2024

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	103037.2024
Report By	Charles Wiafe - Principal Transport Planner
Approved By	Mark Hannan - Acting Director Planning & Compliance

EXeCUTIVE SUMMARY

This Report presents the recommendations from the Liverpool Local Traffic Committee (LTC) Meeting held on 20 March 2024. At the Meeting, the Committee considered eight (8) Agenda items and 10 General Business items.

The Committee was advised that at the Ordinary Meeting of Council on 28 February 2024, Council endorsed the Committee’s recommendations of 31 January 2024, and added two (2) actions as outlined in the following Report.

Copies of the Liverpool Local Traffic Committee Meeting Minutes of 20 March 2024, along with the Attachment Booklet, are included in Attachments 1 and 2.

It is recommended that Council endorses the recommendations of the Liverpool Local Traffic Committee Meeting held on 20 March 2024.

RECOMMENDATION

That Council:

1. Notes and receives this Report.

2. Endorses the recommendations of the Liverpool Local Traffic Committee Meeting held on 20 March 2024

REPORT

This Report provides a summary of the items and recommendations presented at the Liverpool Local Traffic Committee Meeting held on 20 March 2024.

The Committee was advised that at the Ordinary Meeting of Council on 28 February 2024, Council endorsed the Committee’s recommendations of 31 January 2024, and added the following two (2) actions:

A. Investigate the possibility of utilising Transport for NSW mobile speed cameras to known problem areas within the LGA and bring a report to the April Council meeting; and

B. Write to the Minister to advocate to establish a traffic summit in Liverpool, due to having the highest amount of traffic incidents, to address ongoing traffic concerns.

It should be noted that the additional two actions added at the Liverpool Local Traffic Committee Meeting held on 20 March 2024 will be addressed in a separate Council Report being referred to the Ordinary Meeting of Council on 24 April 2024.

Liverpool LTC Agenda Items – 20 March 2024

Item 1: Tenth Avenue, in front of Austral Public School, Austral – Request for Raised Marked Combined Crossing

The Committee supports the installation of a raised marked pedestrian crossing and associated signs and line markings as noted in the Meeting Minutes.

Item 2: Camden Valley Way, Bernera Road to 300m East, Edmondson Park – Proposed Shared Path

The Committee supports installation of a 3m shared path along the southern section of Camden Valley Way, approximately 300m long, to the east of Bernera Road, and associated signs and line-markings as noted in the Meeting Minutes.

Item 3: Hoxton Park Road into Maryvale Avenue, Liverpool – Request for ‘No Left Turn’ into Maryvale Avenue during morning peak hours

The Committee notes the proposed timed “No Left Turn (6AM-10AM MON-FRI)” from Hoxton Park Road into Maryvale Avenue, Liverpool, subject to Transport for NSW endorsing the required Transport Management Plan and installation of signs on the State Road.

Item 4: Fifteenth Avenue and Craik Avenue intersection, Austral – Proposed ‘No Right Turn’ Restriction

The Committee notes proposed ‘No Right Turn’ restriction from Craik Avenue into Fifteenth Avenue at the Fifteenth Avenue and Craik Avenue intersection, Austral, subject to Transport for NSW endorsing the required Transport Management Plan.

Item 5: Rosebank Avenue/Duxford Street and Rosebank Avenue/Gowanlea Avenue intersection, Elizabeth Hills – Proposed Roundabouts

The Committee supports installation, in-principle, of two roundabouts along Rosebank Avenue at its intersections with Duxford Street and Gowanlea Avenue, as shown in the meeting minutes subject to Transport for NSW (TfNSW) endorsing the detailed design.

Item 6: Hart Street, Warwick Farm – Request for timed parking restrictions

The Committee supports installation of timed parking restrictions ‘2P (7.00AM - 6.00 PM, MON-FRI)’ with ‘No Parking’ signs adjacent to driveways, on the western side of Hart Street (between Remembrance Avenue and Lachlan Street) as shown in the attached meeting minutes.

Item 7: Minor Traffic Facilities

1. The Committee supports ‘No Parking’ restrictions approximately 30m along Nuwarra Road, north of Kalimna Street, and approximately 20m along Kalimna Street, at the Nuwarra Road and Kalimna Street intersection.

2. The Committee supports ‘No Stopping’ restrictions approximately 60m at the Ikara Crescent and Araluen Avenue intersection.

3. Council requested TfNSW to review and install applicable speed limit signs in the Chipping Norton residential precinct streets including Rugby Crescent.

Item 8: Items Approved Under Delegated Authority

The Committee supported minor signs and line-markings approved under the Delegated Authority application process.

Liverpool LTC General Business Items – 20 March 2024

In addition, the Committee considered 10 General Business Items. Comments on the General Business Items with recommended actions are as follows:

GB1: Leacocks Lane, Casula – Traffic conditions and recent crashes

· Council’s civil delivery team is to prepare detailed designs and to seek funding for the installation of the two speed humps.

· Council requested the NSW Police to provide details of recent crashes for further investigations.

· Council is to request TfNSW to investigate and install right turn pavement arrow marking in Leacocks Lane at the Hume Highway and Leacock Lane intersection.

· Council is to investigate additional traffic management solutions to reduce speeding along Leacocks Lane, between Mackellar Street and Roberts Roads and between Tenant Street and Kendall Drive.

GB2: Shropshire Street, Miller – Concern about Traffic Speeding and Request for Traffic Calming

The implementation of the 40km/h speed limit is scheduled to commence in May 2024 and to be completed by June 2024. The request for traffic calming would be reviewed after the implementation of the High Pedestrian Activity Area (HPAA).

Council to identify a traffic calming treatment to address the safety concern at the Shropshire Street and Dorset Place intersection.

GB3: Mannix Parade, Warwick Farm – Request for “Bus Zone” signposting

The Committee supports the installation of “Bus Zone” signage at the existing bus stop at the front of 13-18 Mannix Parade, Warwick Farm.

Council to carry out community notification with affected residents in consultation with Transit Systems and to seek delegated approval from TfNSW.

GB4: Liverpool Bus Interchange – Concern about vehicles obstructing bus movements entering/exiting Liverpool Bus Interchange

Council is to request TfNSW to review and re-install the previous ‘Do Not Queue Across Intersection’ sign and/or line-markings.

GB5: Casula Railway Station – Request for Pedestrian Access Improvement

Council is to investigate and provide information on the requested footpath paving, including Concept Plans and construction program to a future Committee Meeting.

GB6: Grove Street, Liverpool – Update on Road Closure

TfNSW has not endorsed the Transport Management Plan (TMP) to amend the existing Ibis Hotel exit driveway to allow both entry and exit movements. Therefore, a revised road closure option is to be considered and a submission of an updated TMP for TfNSW endorsement prior to implementation.

Council will carry out additional consultation with residents and the Ibis Hotel, prior to submitting an updated TMP to TfNSW for endorsement.

GB7: Scott Street, opposite Quest Hotel, Liverpool – Removal of two on-street parking spaces

Council is to investigate and seek delegated approval to restrict on-street parking along Scott Street opposite the Quest Hotel to improve the turn movement into the Civic Centre Car Park.

GB8: Cowpasture Road and Kurrajong Road, Carnes Hill – Re-line marking of the existing pedestrian crossing

Council will request TfNSW to re-line mark the faded pedestrian crossing lines across the left slip lane from Cowpasture Road into Kurrajong Road towards the shops.

GB9: Kingsford Smith Avenue, Middleton Grange – Concern about delay in reopening closed half road due to road works.

Council to note that the Proponent has requested a road occupancy extension due to weather delays and extension has been granted to complete the road works by mid-April.

GB10: Middleton Grange Town Centre – Traffic Management

Council to note that the internal road network within the Middleton Grange Town Centre could be constructed and handed over to Council prior to the proposed building works.

A copy of the Meeting Minutes, along with attachments, are included in Attachments 1 and 2.

FINANCIAL IMPLICATIONS

The recommendations contained in the Meeting Minutes will be funded as outlined in the Table below:

Item	Description	Funding, Indicative Cost and Timing
1	Tenth Avenue, in front of Austral Public School, Austral - Request for Raised Marked Combined Crossing	Funding – Council’s Capital Budget Program Indicative Cost – $100,000 Timing – May 2025
2	Camden Valley Way, 300m south of Bernera Road, Edmondson Park – Proposed Shared Path Design	Funding – Department of Planning, Housing and Infrastructure funded Timing – 2024/2025.
3	Hoxton Park Road into Maryvale Avenue, Liverpool – Request for ‘No Left Turn’ into Maryvale Avenue during morning peak hours	Funding – Council’s Capital Budget Program Indicative Cost – $5,000 Timing – Subject to TfNSW endorsement
4	Fifteenth Avenue and Craik Avenue intersection – Proposed ‘No Right Turn’ restriction	Funding – Council’s Capital Budget Program Indicative Cost – $5,000 Timing – Subject to TfNSW endorsement
5	Rosebank Avenue/Duxford Street and Rosebank Avenue/Gowanlea Avenue intersections, Elizabeth Hills – Proposed roundabouts	Funding – Council’s Capital Budget Program Indicative Cost – $350,000 Timing – Subject to funding allocation
6	Hart Street, Warwick Farm – Timed parking restrictions	Funding – Council’s Capital Budget Program Indicative Cost – $15,000 Timing – June 2024
7	Minor Traffic Facilities applications in the LGA · Nuwarra Road and Kalimna Street – No Parking · Rugby Crescent, Chipping Norton – Speed limit line marking	Funding – Council’s Capital Budget Program Indicative Cost – $25,000 Timing – June 2024
8	Items Approved Under Delegated Authority	Funding – TfNSW block grant to Council Indicative Cost – $10,000 Timing – May 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. Liverpool Local Traffic Committee Meeting 20 March 2024 - Minutes (Attachment Booklet 2)

2. Liverpool Local Traffic Committee Meeting of 20 March 2024 - Attachments (Attachment Booklet 2)

Ordinary Meeting

24 April 2024

Notices of Motion

NOM 03

ARC Project on Employment in South-West Sydney

Strategic Objective

Evolving, Prosperous, Innovative

Facilitate quality local employment, training and education opportunities

File Ref

118962.2024

Author

Charishma Kaliyanda - Councillor

Background

In July 2022, Council wrote in support of proposed research and application for funding submitted to the Australian Research Council by the Multi-Disciplinary Research Team led by Dr Sukhmani Khorana, (Vice-Chancellor’s Senior Research Fellow, young and Resilient Research Centre, Western Sydney University). Dr Khorana is continuing this research in her new role at the University of NSW.

The purpose of the research project is to increase understanding of the settlement and employment challenges (as well as potential) of multicultural young people in Southwest Sydney. The proposed project aligns with the Liverpool City Council’s (Council) Economic Development Strategy 2019-2029 that focuses on creating more employment opportunities, an attractive environment for investment and increased community engagement. However, Council is cognisant of the fact that the realisation of this economic development strategy is dependent on empowering the local population – many of whom are migrants and refugees who call Liverpool home.

As Council, we are aware that the level of unemployment and social disadvantage among young migrants and refugees is high. With the proposed research project, there is an opportunity to generate deep understanding of the employment needs and skills requirements of young migrant and refugee young women. They will have a voice in the co-creation of solutions to socio-economic inclusion – a value we believe underpins sustainable development. Given the proposed engagement with several key stakeholders, community organisations and services, employers/local businesses and, most importantly, local young people, it is anticipated the project will contribute to the exploration and implementation of possible solutions with the aim of better settlement and employment outcomes.

Council’s contribution to the project would be a total of $15,000 cash contribution (over 3 years) and $35,000 in in-kind support (over 3 years).

However, the research team was recently advised that Council was withdrawing their support for this project, which threatens the potential for this important research to proceed at all.

NOTICE OF MOTION

That Council:

1. Reinstate their support for the ARC Project on Employment in South West Sydney, led by Dr Sukhmani Khorana of UNSW; and

2. Provide a letter of support indicating Council’s willingness to meet the requirements of a Partner Organisation.

CHIEF EXECUTIVE OFFICER’S COMMENT

In July 2022, Liverpool City Council agreed to participate as a partner organisation in this place-based research project aiming to improve employment outcomes for young migrant women in Liverpool. The research project involves a study of place-based employability and entrepreneurship of Southwest Sydney’s newly arrived young migrant women in the context of COVID-19. Council recognises that this research will provide valuable insight into the employment experiences of refugee and migrant women and generate a deeper understanding of the employment needs and skills of this community cohort.

The commencement of this research project has been delayed due to several factors, including ongoing COVID-19 restrictions and the transition of the research team and project from Western Sydney University (WSU) to University of New South Wales (UNSW). During this period, Council has also undergone significant change and has realigned its strategic objectives and priorities to increase focus on support for forward-facing programs and support services. In doing so, Council has re-evaluated its financial obligations and is no longer able to contribute $15,000 over three years towards this research study. Council remains committed to providing in-kind support to this project as outlined in the original commitment. This includes 180 hours of staff time in leading community engagement, facilitating participant and reference group recruitment, providing venues for focus groups and other research activities, and offering advice in project implementation. Council’s Community Development Worker (CALD) will also participate in project workshops and other related activities. In addition to the existing in-kind commitment, Council’s City Economy team can also assist this project by facilitating industry connections and strategic partnerships, as well as the provision of staff time to assist with desktop research.

Council has clearly communicated this intention to both the research and funding teams at UNSW and the ARC respectively, who have accepted this offer of in-kind support and agreed to provide an updated partnership agreement to that effect. This updated agreement is yet to be received.

Council delivers many direct programs to community members that support social cohesion, settlement, wellbeing, and employment and education outcomes. These include English language classes, citizenship support, supported playgroups and vocational education opportunities through its Community Development Program, Children’s Services, Libraries and its partnership with Community Hubs Australia (CHA), which supports the delivery of three community hubs in local schools within the Liverpool LGA.

In addition, Council works closely with the refugee and migrant services sector to support improved health and wellbeing outcomes for refugee and migrant communities in Liverpool, including collaborating with sector partners on programs which deliver improved employment and education outcomes. Council’s convening role within the Liverpool Refugee Migrant Interagency (LRMI) supports forward-facing non-government organisations to deliver programs and services to refugee and migrant communities through the provision of information and networking, and to lead coordinated responses to community needs. Council’s Major Events program highlights and celebrates Liverpool’s cultural diversity and provides opportunities for local refugee and migrant businesses and entrepreneurs to engage with the community, and to promote and sell their goods and services through those events.

Council remains committed to supporting this research in an in-kind capacity and is still providing substantial value to this project, despite not offering a cash contribution.

FINANCIAL IMPLICATIONS

Costs associated with this recommendation are outside of Council’s current budget and long-term financial plan. The impact on the budget and long-term financial plan are outlined in the table below.

	2023/24	2024/25	2025/26
Operating budget / LTFP impact	$5,000	$5,000	$5,000
Capital budget impact
Ongoing unbudgeted impact to opex from capital expenditure
Unbudgeted impact to unrestricted cash	$5,000	$5,000	$5,000
Funding source	General reserve

ATTACHMENTS

Nil

1
PLAN 02	S3.22 Expedited Amendment for Middleton Grange Local Centre
Attachment 1	Suggested Rewording of Clause 7.42

1
PLAN 04	Post Door Knocking Report - Renaming of Street Sections Middleton Grange
Attachment 2	Letter to affected residents

1
PLAN 04	Post Door Knocking Report - Renaming of Street Sections Middleton Grange
Attachment 3	Council Report and Resolution - 13 December 2023

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	091192.2024
Report By	Jacqueline Newsome - Coordinator Community Development
Approved By	Tina Bono - Director Community & Lifestyle

1
CTTE 01	Minutes of Community Safety and Crime Prevention Advisory Committee meeting held on 7 March 2024
Attachment 1	Minutes of the Community Safety and Crime Prevention Advisory Committee held on 7 March 2024

Strategic Objective	Healthy, Inclusive, Engaging Support an inclusive community by fostering access and equity for all
File Ref	091414.2024
Report By	Jacqueline Newsome - Coordinator Community Development
Approved By	Tina Bono - Director Community & Lifestyle

1
CTTE 02	Minutes of the Liverpool Access Committee Meeting held 14 March 2024
Attachment 1	Minutes of the Liverpool Access Committee meeting held on 14 March 2024

Strategic Objective	Evolving, Prosperous, Innovative Maintain strong relationships with agencies, stakeholders and businesses to achieve beneficial outcomes for the city
File Ref	102924.2024
Report By	Susana Freitas - Coordinator Innovation, Grants and Partnerships
Approved By	Shayne Mallard - Director City Futures

1
CTTE 03	Minutes of the Tourism and CBD Committee 27 February 2024
Attachment 1	Minutes of Tourism and CBD Committee 27 February 2024

1
CTTE 05	Minutes of the Aboriginal Consultative Committee meeting held on 7 March 2024
Attachment 1	Minutes of the Aboriginal Consultative Committee Meeting held on 7 March 2024

Strategic Objective	Visionary, Leading, Responsible Position Council as an industry leader that plans and delivers services for a growing city
File Ref	115097.2024
Report By	Melissa Wray - Council and Executive Support Officer
Approved By	Tina Bono - Director Community & Lifestyle

1
CTTE 06	Minutes of the Governance Committee meeting held on 9 April 2024
Attachment 1	Minutes of the Governance Committee Meeting held on 9 April 2024

1
CTTE 07	Minutes of the Project Control Advisory Committee Meeting held on 9 April 2024
Attachment 1	Minutes of the Project Control Advisory Committee Meeting held on 9 April 2024