AGENDA

 

Governance Committee Meeting

9 April 2024

 

 

 

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You are hereby notified that a Governance Committee Meeting of Liverpool City Council will be held at Level 6, 35 Scott Street, Liverpool NSW 2170 on Tuesday, 9 April 2024 commencing at 10.00am.

 

Please note this meeting is closed to the public. The minutes will be submitted to the next Council meeting.

 

If you have any enquiries, please contact Council and Executive Services on 8711 7441.

 

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Hon John Ajaka

CHIEF EXECUTIVE OFFICER

 


 

 

 


Order of Business

 

                                                                                                                                            PAGE   TAB

Opening

Apologies

Declarations of Interest

Infrastructure and Planning Committee

ITEM 01          Warwick Farm Precinct Plan: Issue and Option Paper.................................... 4......... 1

ITEM 02          Interim Heritage Order for 124 Moore Street, Liverpool............................... 235......... 2

ITEM 03          Notice of Motion - Narrow Road Widths....................................................... 243......... 3

ITEM 04          Community Participation Plan Discussion Paper......................................... 259......... 4

ITEM 05          Development Assessment............................................................................ 270......... 5

ITEM 06          Voluntary Planning Agreement Status Report - March 2024....................... 272......... 6

Budget Committee

ITEM 07          Review of Council's Financial progress, forecasts and assumptions.......... 284......... 7

Strategic Priorities Committee

NIL

Strategic Performance Committee

NIL

Presentations by Councillors

 

 

Close

 


1

Governance Committee Meeting

9 April 2024

Infrastructure and Planning Committee Report

 

 

ITEM 01

Warwick Farm Precinct Plan: Issue and Option Paper

 

Strategic Objective

Evolving, Prosperous, Innovative

Implement planning controls and best practice urban design to create high-quality, inclusive urban environments

File Ref

020367.2024

Report By

Brianna Van Zyl - Senior Strategic Planner

Approved By

Lina Kakish - Director Planning & Compliance

 

Executive Summary

 

The Warwick Farm Structure Plan (Attachment 1), developed by Council in 2020 and 2021 for the Warwick Farm horse training area, has been on hold since 24 November 2021 when Council resolved that:

·    Council is provided with the information that allows Council to make a fully informed and fully educated decision on this matter, including the finalised regional flood evacuation study’.

Council completed a Flood Evacuation Study for the Liverpool Collaboration Area and Moorebank, by Molino Stewart, in 2022 (Attachment 2). Since then, following various significant flood events across NSW, the NSW Government published the NSW Flood Inquiry. The NSW Flood Inquiry findings included recommendations that affected the Georges River Catchment (which includes the Warwick Farm Precinct), which was considered one of the high-risk catchments.

 

As a result, Council sent a letter to the Hon. Paul Scully, Minister for Planning and Public Spaces, on 5 June 2023 (Attachment 3). This letter sought further clarity around how Council should proceed with the assessment of Planning Proposals and land use policies within the Georges River catchment.

 

Council received a response on 22 September 2023 (Attachment 4) which reiterated the need for a risk-based approach to managing potential floods, stating the level of assessment undertaken for Planning Proposals and Development Applications must include a balanced consideration of all the risks and impacts. This response has acted as a catalyst for the Precinct Plan being re-presented to Council.

 

This Report outlines the issues associated with the Warwick Fam Precinct, as well as the latest Precinct Plan, including flooding, traffic, feasibility, and land fragmentation. This Report also aims to provide further clarity to the community, and to establish clear next steps for the Precinct.

 

Council staff have identified three options on how to proceed, with these options detailed within this Report:

·    Option 1 – Proceed with the existing Precinct Plan (November 2021);

·    Option 2 – Conduct further investigations to rezone the Precinct to an industrial / innovation Precinct; or

·    Option 3 – Retain existing zoning and development standards.

Due to existing constraints within the Precinct, and logistical issues proceeding with Option 1, Council staff are recommending proceeding with Option 2. This would provide opportunity for the rejuvenation of the Precinct, in a way that complements the Liverpool City Centre, whilst still addressing the environmental constraints. An industrial / innovation Precinct would also allow for the existing animal and training establishments to remain which supports the Warwick Farm Racecourse. 

 

The next steps will involve a Council report to the next available Council meeting which will outline the options presented below.

 

RECOMMENDATION

 

That the Committee receives and notes this Report, and the proposed options on how to proceed with the Warwick Farm Precinct Plan.

 

 

REPORT

 

Background Information

 

The Study Area

 

The study area comprises approximately 25.5ha (including roads) and is bounded by the Hume Highway, Shore Street, Warwick Farm Sewage Treatment Plant land, Priddle Street, the Main South Railway Line, and Governor Macquarie Drive within Warwick Farm. It is located approximately 1-1.5km north-east of the Liverpool City Centre and 13.5km south-west of Parramatta. Figure 1 shows the location of the study area.

 

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Figure 1: Precinct Boundaries shown in red (Source: CM+)

 

History

 

On 11 December 2019, Council resolved to direct the CEO to engage Consultants to prepare a Precinct Plan for the rezoning of the Warwick Farm Precinct for a mix of uses. Council appointed a multi-disciplinary team led by Conybeare Morrison to prepare the supporting investigations to inform a Precinct Plan, including a Draft Contribution Framework for the provision of new infrastructure to support the Precinct.

 

Following the initial Council Resolution, the following has occurred:

 

·    25 March 2020: Council endorsed (EGROW11) the Local Strategic Planning Statement (LSPS) which included ‘Action 10.2’ which commits to developing a Precinct Plan and Planning Proposal for the Warwick Farm Racing Precinct.

 

·    27 July 2020: The draft Precinct Plan, Planning Proposal and associated studies were presented to the Liverpool Local Planning Panel. The Panel did not support the Planning Proposal proceeding to a Gateway determination, requiring updates to the flood impact assessment, further analysis on the potential environmental impact of the truck bypass and a report in relation to the cap of 18,800 addition dwellings for the Liverpool Collaboration Area.

·    26 August 2020: Council considered the advice from the Panel and resolved that the draft Precinct Plan, Planning Proposal, and associated Contributions Plan be placed on public exhibition for 28 days.

 

·    14 September 2020 to 12 October 2020: The Precinct Plan was placed on public exhibition.

 

·    28 April 2021: The outcomes of the public exhibition were presented to Council (EGROW 04) where Council resolved for several changes to be made to the Structure Plan, Planning Proposal and Contributions Plan. Such amendments included: the inclusion of 240 Governor Macquarie Drive in the Precinct Plan, additional flooding considerations, and an Economic Review of the resultant gross floor areas achieved across the site to determine feasibility.

 

·    29 September 2021: A Report detailing the changes to the draft package was tabled at Council. Council resolved (PLAN06) to place the Structure Plan, Planning Proposal and Local Contributions Plan on public exhibition.

 

·    8 October to 7 November 2021: The Planning Package was placed on public exhibition.

 

·    24 November 2021: The results of community consultation were reported to Council where the following was resolved: “That Council defer this matter until Council is provided with information that allows Council to make fully informed and fully educated decisions on this matter, including the finalised regional flood evacuation study.”

 

 

NSW Government Flood Inquiry

 

Since Council placed the Precinct Plan on hold, the NSW Government conducted the NSW Flood Inquiry in 2022. The Flood Inquiry made several recommendations that relate to the Georges River, which was considered a high -isk catchment along with the Hawkesbury-Nepean, Wilsons, and Tweed River catchments. This has added an additional layer of complexity to the Precinct.

 

Council staff have sought direction and clarity from the Department of Planning, Housing and Infrastructure (DPHI) on how to proceed with proposals in high and medium flood risk areas (Attachment 3). In September 2023, Council received a response from the DPHI on behalf of the Hon. Paul Scully, Minister for Planning and Public Spaces, which identified the need to move to a risk-based approach to managing potential floods (Attachment 4). The letter stated that the level of assessment undertaken for planning or development proposals are proportionate, and must include balanced consideration on the merits, risks and impacts.

 

 

Zoning under Liverpool Local Environmental Plan 2008

 

Under Liverpool Local Environmental Plan 2008 (LLEP 2008), the Precinct contains a variety of existing land use zones:

 

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Figure 2: Existing Zoning map of Warwick Farm Precinct

 

 

E3 Productivity Support: This zone applies to 240 Governor Macquarie Drive between Munday Street, Warwick Street and Governor Macquarie Drive. The E3 Productivity support zone (formally B5 Business Development) permits offices, light industrial as well as warehouse or distribution uses (among others), however prohibits any residential uses. This land is currently vacant but was subject to a Planning Proposal to rezone to MU1 Mixed Use (formally B4 Mixed Use) and R4 High Density Residential. This detailed further below.

 

R2 Low Density Residential: This zone applies to the majority of the residential within the Precinct and permits dwellings houses which make up most development in this zone. Clause 16 of Schedule 1 of the LEP also permits animal boarding or training establishments, farm buildings and veterinary hospitals in the R2 zone which reflect several horse boarding and training establishments located in this area. Heights in this zone are limited to 8.5m with an FSR of 0.5:1.

 

R3 Medium Density Residential: This zone applies to a small pocket of land located opposite the station and developed with 2 storey townhouse style development. Heights in this zone are currently limited to 8.5m with an FSR of 0.5:1.

 

RE1 Public Recreation: This zone applies to Rosedale Oval and the embankment supporting the Hume Highway overpass.

 

SP2 Sewerage Systems:  This zone applies to land immediately east of the Rosedale Oval playing surface and corresponds with the location of Horseshoe Pond and a small section of Shore Street within the Precinct.

 

RE2 Private Recreation: This zone applies to land fronting Governor Macquarie Drive and Shore Street in the northeast of the Precinct. It primarily accommodates horse boarding and training premises.

 

Draft Precinct Plan (September 2021)

The most recent Structure Plan (Attachment 1) (prepared by CM+ dated 26/09/2021, presented to Council on 24 November 2021) depicts the redevelopment of the Precinct for mixed use development including residential development.

Key features of the Precinct Plan include:

·    A total of 294,162m2 GFA, with:

274,053m2 of residential GFA

20,109m2 of commercial GFA

·    Capacity for approximately 3,224 new residential dwellings (based on an average dwelling GFA of 85m2) and a population of approximately 7,383 (based on 2.29 persons per dwelling).

·    An overall FSR of 1.04:1 across the entire Precinct (including open space) with an FSR of 3.35:1 on the Mixed-use Land and 2.20:1 on the R4 High Density Residential Zone.

·    The tallest development near the station at 15 storeys generally stepping down to 12, 8, 6 and 4 storeys moving away from the station.

·    Approximately 39,603m2 of additional open space to supplement the existing Rosedale Oval that will be delivered as publicly owned land as well as privately owned, but publicly accessible.

The most recent Precinct Plan is shown in Figure 3.

 

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Figure 3: Precinct Plan (Source CM+)

 

 

240 Governor Macquarie Drive

On 10 July 2018, Council received a Planning Proposal request to rezone land at 240 Governor Macquarie Drive, Warwick Farm from B5 Business Development to part R4 High Density Residential. The Planning Proposal request also sought to increase the floor space (FSR) development standard from 0.75:1 to 3:1 (equating to approximately 87,900m2 GFA) and the height of building (HOB) development standard from 15m to 50m and to reduce the minimum lot size from 2000m2 to 1000m2.

At the Ordinary Meeting of Council on 11 December 2019, Council resolved (EGROW 09), to endorse “in principle” a Planning Proposal request for 240 Governor Macquarie Drive, Warwick Farm, subject to the Applicant submitting an amended Planning Proposal Report with modified floor space ratio of 2:1 or 500 dwellings (with access to the bonus FSR provisions of up to 3:1), and height of building control of 50m.

 

On 27 February 2020, Council submitted the Planning Proposal to the DPHI (formerly Department of Planning and Environment) for Gateway assessment. On 22 September 2020, Council received notification that Council’s request for a Gateway determination had been refused. Them DPHI cited several reasons for this, noting that investigations to inform the Warwick Farm Structure Plan, in which the subject site is located, should be undertaken as a Precinct-wide approach. As such, it was recommended that this standalone Precinct be rolled into a consolidated Planning Proposal for the Precinct. 240 Governor Macquarie Drive was included in the Precinct Plan by Council resolution on 28 April 2021.

 

More recently, the landowners of 240 Governor Macquarie Drive have met with Council staff and are seeking to progress the redevelopment of 240 Governor Macquarie Drive either as a part of the Precinct, or as a standalone Planning Proposal. It is understood that the landowners are currently undertaking further design testing, and traffic modelling to determine the evacuation capacity of the Precinct.

 

A Development Application (DA-1134/2021) was approved by the NSW Land and Environment Court on 5 January 2023. The DA proposed:

·    Construction of a mixed-use development comprising specialised retail premises, food and drink premises, a centre-based child care facility, health services facilities and business identification signage with associated works including car parking, access, landscaping and civil work’.

Figure 4: Photomontage of DA-1134/2021 (Leffler Simes Architects)

 

 


 

Part 1: Issues

 

This section of the Report details the issues with the draft Precinct Plan and the constraints of the Precinct, as background information for Part 2 of this Report which details future options.

 

A.  Strategic Merit

 

Local Strategic Planning Statement

Council’s Local Strategic Planning Statement was endorsed in 2020. Planning Priority 10, ‘A world class health, education, research and innovation Precinct’ includes aims to support development of the Liverpool Innovation Precinct and ensure land use planning supports the operation and growth of the Precinct for all in the health, education and innovation ecosystem. Specifically, Action 10.2 within the LSPS states:

 

Prepare structure plan and Planning Proposal to rezone the Warwick Farm reaching Precinct to a mix of uses including B4” (Updated to MU1 Mixed Use as per the Employment Zoning Reform).

 

Collaboration Area – Liverpool Place Strategy

 

Planning Priority W2 ‘Working through collaboration’ of the Western City District Plan includes the Liverpool Collaboration Area, which established a vision for this area. Within this plan, the Warwick Farm area is identified as being Innovation / Research / Health / Advanced Manufacturing.

 

The intent of the vision for this area is to support the health and education Precinct of the Liverpool City Centre. Specifically, the vision for this area is for a high-tech, transit-oriented, advanced manufacturing business park that leverages the growth of the health, education and equine sectors, excluding residential development” (p10).

Figure 5: Place Strategy Vision, Collaboration Area Liverpool Place Strategy


 

Liverpool Innovation Precinct 

 

The Precinct is directly east of the Liverpool Innovation Precinct (pink below), which focuses on Health and Education delivery in Liverpool. 

 

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Figure 6: Liverpool Innovation Precinct (pink)

 

 

B.  Site Specific Constraints

 

Flooding

 

The majority of the Precinct is mapped as high and medium risk flood prone land, with a small portion mapped as low risk (as shown in Figure 7, below). The site is identified as being prone to flooding from the Georges River catchment.

 

The site is not affected by the 20- year flood but would be inundated by the 100-year flood. Previous flood studies suggested the site would be classified as being a "medium flood risk" with inundation depth between 0.2m and 0.6m.

 

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Figure 7: Council internal Flood Risk mapping

 

A Flood Evacuation Study for the Liverpool Collaboration Area and Moorebank was completed in 2022 by Molino Stewart on behalf of Council (Attachment 2). The study responded to the Liverpool Collaboration Area Place Strategy, which identified flooding and flood evacuation as potential constraints on growth in the area. It tested whether premises on the floodplain could evacuate safely when ordered to by the State Emergency Service (SES) in flooding events up to the probable maximum flood (PMF) level.

 

As such, the study models road capacity to determine whether development (existing and proposed) can evacuate within the available flood warning time given a 100% evacuation compliance rate as required by the SES. The study found that there is restricted capacity for additional development within the floodplain areas of the Liverpool Collaboration Area and Moorebank East.

 

“Spare” evacuation capacity was investigated at a high level for the large Planning Proposals. Specifically, the spare capacity for the subject Precinct was estimated at 864 vehicles. The most recent Precinct Plan for the Warwick Farm Precinct was estimated to generate 3,709 vehicles.

 

In addition, Shelter In Place was determined to be inappropriate for the area, and every building requires access above the 1% AEP. This is a significant design consideration and requires balancing significant cut and fill.

 

Ministerial Direction 4.1 Flooding’ states a list of considerations which the Planning Proposal must be meet or be justifiably inconsistent. Specifically, the Ministerial Direction states, a Planning Proposal must not contain provisions that apply to flood planning areas which includes (but not limited to):

·    Permit developments in floodway areas;

·    Permit development for the purpose of residential accommodation in high hazard areas;

·    Permit a significant increase in the development and /or dwelling density of that land;

·    Permit development for the purpose of centre-based childcare facilities, hostels, boarding houses, group homes, hospitals, residential care facilities, respite day care centres and seniors housing in areas where the occupants of the development cannot effectively evacuate; and

·    Are likely to result in a significantly increased requirement for government spending on emergency management services, flood mitigation and emergency response measures, which can include but are not limited to the provision of road infrastructure, flood mitigation infrastructure and utilities.

The most recent Precinct Plan would be unable to demonstrate sufficient consistency with the above-mentioned Ministerial Direction.

 

Odour Buffer

The Precinct is affected by an odour buffer which is identified around the Warwick Farm sewerage treatment works. The buffer zone aims to reflect areas that may be subject to odour from plant based on distance, meteorological and topographic conditions. The full extent of the buffer area can be seen in Figure 8 below.

 

Since at least the mid 1990’s Department of Urban Affairs and Planning (now DPHI) has released policy documents which seek to prevent residential and other sensitive uses from establishing in the odour buffers around sewerage treatment. As part of the previous exhibition for the Precinct Plan, Sydney Water raised concern about any proposals that would increase residential densities within the existing odour buffer zone. Council designed the subject Precinct Plan with this in mind.

 

Figure 8: Odour buffer zone with associated sewerage treatments works.

 

C. Constraints of the Precinct Plan

 

Fragmented Land

Land within the Warwick Farm Precinct is generally in fragmented ownership, which further complicates the redevelopment of the Precinct. The most recent Precinct Plan seeks to encourage re-development by enabling the consolidation of various fragmented landholding for development, and the acquisition of land for open space and compensatory storage, however this increases the complexity of the proposal and negatively impacts the feasibility of redevelopment occurring. 

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Figure 9: Land ownership (Source: CM+)

 

Feasibility

The draft Precinct Plans had high costs associated with the Precinct due to requirements for consolidation of fragmented land and required infrastructure to support the development (raising of roads, flood mitigation works, open space acquisition, truck bypass, and pedestrian links across the railway).

 

Economic feasibility testing has been undertaken which found the financial feasibility tipping points of 3.35:1 for B4 Mixed Use zone and 2.2:1 for R4 High Density Residential zone. However, it’s important to note that this feasibility testing was done in 2021, and there have been significant changes in the building industry since the study, such as increased material costs, trade shortages and higher interest rates. The Precinct is anticipated to have a higher tipping point now.

 

Contributions Plan

The Precinct Plan is supported by a draft Contributions Plan which aims to fund the solutions including flood evacuation route with flood free development as well as provision of new recreation and community facilities and address traffic related issues. This would have to be revisited, and it is likely the contribution rates would increase. A summary of the proposed contributions rates is shown in the Figure 10.

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Figure 10: Proposed Contribution Rates

 

Property Acquisition / Open Space

 

To facilitate future rezoning and redevelopment in the Warwick Farm Precinct as per the Structure Plan, there is a need to reserve some land for public purpose, including future open space and flood mitigation. The Precinct Plan provides for an increase of approximately 39,603m2 of open space to meet the needs of the future population.

 

The larger areas of open space are proposed to be zoned RE1 Public Recreation and are included in the Contributions Plan for acquisition and embellishment. Specifically, the Precinct Plan provides the overall quantum of land for open space which is public or publicly accessible private open space is 1.25ha per 1,000 people which is slightly lower than the 1.5ha per 1,000 people identified in the Open Space Needs Analysis for the Liverpool Collaboration Area.

 

The additional open space is crucial to ensuring the redevelopment provides sufficient amenity for future residents, however, it does increase the cost to develop, and requires property acquisition of private land.

 

Staging of the Precinct Plan

Given the flood constraints within the Precinct, and to achieve a safe evacuation route, it will be necessary to raise key roads with the compensatory storage being provided within nominated open space areas. Specifically, the proposed development will need to ensure that the raising of the roads is included in the Draft Local Contributions Plan as each development site will need to complete full road construction. This will need to be undertaken in a staged manner, with sequencing from north to south in order to provide a continuous evacuation route using the raised roads rising to the Warwick Street and Hume Highway intersection. The nominated future staging in the Precinct Plan attempts to minimise interface issues by including whole sections of raised road within the stage (see Figure 11 below).

 

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Figure 11: Draft Warwick Farm Precinct Plan - Staging Plan

 

Traffic

 

The road network throughout the Precinct is grid like with the only access points at Governor Macquarie Drive in the north and Scrivener Street in the south, and a minor left turn only at Warwick Street connecting to an elevated part of the Hume Highway overbridge of the rail line in the west. This means the Precinct carries a high volume of heavy vehicles traffic via Manning and Priddle Streets. Council has resolved to investigate construction of a road around Rosedale oval to create a bypass for industrial traffic. A concept design has been prepared; however, it has not been funded.

 

The investigation informing the Precinct Plan have identified the following road intersection works for the Precinct:

·    Delivery of a bypass for the industrial area between Governor Macquarie Drive and Scrivener Street, via Shore Street and a new road around the Rosedale Oval;

·    Conversion of the Governor Macquarie Drive / Shore Street intersection to a signalised intersection, to connect with the bypass;

·    Conversation of the Governor Macquarie Drive / Munday Street intersection back to a priority intersection due to the proximity to Shore Street;

·    Dualling of Governor Macquarie Drive between Hume Highway and the Inglis Hotel access road; and

·    Implementation of a dual lane right turn bay from Hume Highway eastbound into Governor Macquarie Drive southound.

 

Community Consultation

 

The planning packages have been placed on public exhibition twice, with the initial public exhibition occurring between 14 September 2020 to 12 October 2020. During the public exhibition, Council received 20 submissions from the public. Most of thee submissions supported rezoning the Precinct for high-density residential uses, however many raised concerns with various aspects of the Draft Plan.

 

The planning package was again placed on public exhibition from 8 October 2021 to 7 November 2021. Council received 26 submissions during the public exhibition. Of the 26 submissions received, 15 submissions were opposed to the plans and 11 were supportive of rezoning the Precinct in principle, however some raised issues with several elements of the planning packages and requested changes.

 

Since the Structure Plan has been placed on hold, Council staff have received ongoing calls and enquiries. The enquiries are generally from landowners within the Precinct seeking an update and/or clarification around the next steps. Questions in relation to flooding in the Precinct are also common.

 

Part 2: Options for the Warwick Farm Racecourse Precinct

 

The following options are presented to Council to consider how best to proceed with the Precinct Planning exercise.

 

Option 1: Proceed with the Precinct Plan prepared by CM+ September 2021 (Not recommended)

 

The most recent Structure Plan presented to Council in November 2021 depicts the redevelopment of the Precinct for mixed use development including residential development. As outlined previously, the key features of the Plan includes a total of 294,162m2 of floor space (274,053m2 of residential GFA, and 20,109m2 of commercial GFA), creating capacity for approximately 3,224 new residential dwellings.

 

The proposed zoning map is shown in Figure 12 below:

 

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Figure 12: Proposed Zoning under Option #1 (Source: CM+)

 

Comment:

 

The area is significantly constrained in terms of flooding, evacuation, and the odour buffer. The subject Precinct Plan aimed to mitigate these constraints. However, this resulted in high costs to develop due to property acquisition and required significant infrastructure to mitigate the risks of flooding and evacuation.

 

In addition, the approach to addressing flooding in the Structure Plan will mean that the that increased densities can only be permitted on land which is raised above the 100-year flood level and that the flood storage will occur within sports fields and recreation areas required a funded by the increased development in the draft Contributions Plan. The fragmented nature of the Precinct makes this extremely difficult.

 

The economic feasibility testing for the Precinct was done in 2021, however since then economic conditions for development have worsened and it is not expected to have the same feasibility tipping point as previously identified.

 

Given the constraints outlined above, and the density sought by the proposed Precinct Plan, it is considered unrealistic that it would be achieved in full. Flooding and evacuation are a significant hinderance on achieving the vision of the plan, and given the risk to life and property, is unlikely to be supported by the relevant NSW Government Agencies.

 

If the Structure Plan was to proceed as is, it would likely result in Council spending significantly more money to proceed with a plan which would be highly challenging to implement, and unlikely to be supported by the  relevant NSW Government Agencies.

 

Option 2: Proceed with Industrial / Innovation Precinct (Recommended)

 

The subject Precinct is located approximately 1-1.5km northeast of the Liverpool City Centre, and located within the Liverpool Collaboration Area, and east of the Liverpool Innovation Precinct. The Collaboration area aims to target opportunities for growth in certain sectors including health and education.

 

This option would investigate the application of an industrial / business land use zoned for an innovation Precinct, as per the vision of the Liverpool Collaboration Area. This would complement the Liverpool Innovation Precinct, and encourage employment opportunities that support the hospital, and the Liverpool City Centre.

 

Options for this Precinct could include retaining the zoning on 240 Governor Macquarie Drive, and rezoning the remainder of the Precinct to E4 General Industrial. The proposed development standards will have to be further investigated. 

 

The Precinct currently benefits from an additional permitted use under Schedule 1 of the LEP which permits the development of animal boarding or training establishment, farm buildings and veterinary hospital.

 

The E4 General Industrial permits both animal boarding or training and veterinary hospitals. Farm buildings are not listed as a permissible use but could be included under Schedule 1 of the LEP for continuity purposes. In addition, a bonus provision could be added to the Precinct for medical research and development. This would need to be further analysed.

 

 

 

 

Comment:

 

Flood planning controls are less stringent for industrial and business land uses, and given the flooding and evacuation constraints, non-residential uses may be better suited to the area.  Whilst a large majority of the subject area is zoned R2 Low Density Residential, it is not of a general residential nature. The area is interspersed with several horse boarding and training facilities, which complements the Warwick Farm Racing Precinct on the northern side of Governor Macquarie Drive.

 

There has been previous studies and strategies that have looked to influence land changes in this area, with employment uses typically being regarded as being more compatible with the range of constraints that apply to the area. Specifically, the Liverpool Collaboration Area Place Strategy (2018) identifies the area as a high-tech, transit-orientated and advanced manufacturing business park that leverages from the health, education and equine sectors. The Place Strategy identifies the area as being in a high performance location which could make significant economic contributions.

 

By rezoning the majority of this area to non-residential use, the odour buffer would no longer be a significant constraint, because the zoning wouldn’t permit residential and sensitive uses. This would provide additional flexibility to the Precinct.

 

In addition, rezoning this Precinct to a business / industrial Precinct will require less investment for infrastructure and would not result the same scale of open space acquisition. Further analysis would be required to establish if the staging plan is still required for evacuation purposes.

 

As an immediate next step, Council staff can conduct internal investigations and master-planning to scope the potential yield of the Precinct. This would include assessing the flood planning controls for industrial land in greater detail, and if the same amount of infrastructure investment is still required (staging plan, raising of the roads etc). It is estimated that this exercise would take approximately 9-12 months. Following further consultation and endorsement from Council, funding would be requested for further detailed testing. 

 

It is anticipated that the final package would require the following documents to adequately justify the changes: Conceptual Design, Traffic Assessment, Economic Testing and Feasibility Studies, Detailed Flood Assessment, Open Space Needs Analysis Precinct Plan, and Contribution Plan. The proposal would also have to be reported to the Local Planning Panel.

 

This option would save Council from allocating significant funds for an outcome that would unlikely be supported by the NSW Government. It would also provide landowners with clarity on the future of the Precinct, and consultation would be required prior to a Planning Proposal endorsement, as per Council’s Community Participation Plan.

 

If Option 2 is supported by Council, additional investigations would be required to support this option. Therefore, this option would have financial implications, and require future resourcing, however it is more likely to result in a positive way forward for the redevelopment of the Precinct. Additionally, there could be opportunity to partner with the DPHI to develop a plan that unlocks much needed industrial land to service the wider area.

 

Option 3: Retain Existing Zoning (Not recommended)

 

Given the environmental constraints and development challenges within the Precinct, Council could retain the existing zoning and development standards. The current uses complement the Warwick Farm Racecourse and are of local economic importance. This option would allow for development under the existing zoning, and not require the significant infrastructure investment to support it.

 

This would have no financial implications on Council, however, would not align with the actions outlined in the LSPS or vision of the Collaboration Area. Furthermore, existing flooding risks impacting the Precinct would remain.

 

Choosing this option may result in criticism from the community, who have participated in two previous public exhibitions. As previously noted, numerous emails and calls from residents are received by Strategic Planning, seeking clarification on how the Precinct will be developed in the future.

 

There are no financial implications relating to this recommendation.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the Report however Council should note the following indicative financial implications associated with the three proposed options:

·   Option 1 would require various issues to be resolved, requiring further investigations. So far approximately $300,000 has been spent. Due to the constraints of the Precinct, it is highly unlikely this option would be progressed to the point of practicable implementation, even with further funding allocated;

·   Option 2 provides a new vision for the Precinct and requires new studies to ensure the vision is viable. As an immediate next step, Council staff could draft a high-level Master Plan which includes potential development standards, and associated infrastructure needs. Once this was completed and endorsed by Council, further investigations to support a Planning Proposal could occur (e.g. Precinct Plan, Traffic Assessment, Economic Testing, Feasibility Studies, Detailed Flood Assessment, Open Space Needs Analysis, Contributions Plan and site-specific Development Control Plan). This would be outside the existing budget allocations for City Planning, and therefore require further funding. It is estimated approximately $500,000 may be required to progress this option; and

·   Option 3 would have no associated financial implications.

 

CONSIDERATIONS

 

Economic

Facilitate economic development.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

Section 3.31 to 3.37 of the Environmental Planning and Assessment Act 1979.

Risk

This project is currently at the investigation stage, so considered to be low risk, and within Councils appetite. There is a risk of growing community frustration if an option for the redevelopment of the Precinct is not progressed.

 

ATTACHMENTS

 

1.         Attachment 1: Warwick Farm Structure Plan

2.         Attachment 2: Georges River Flood Evacuation Modelling Report

3.         Attachment 3: Letter to the Minister for Planning and Public Spaces

4.         Attachment 4: Response from NSW Government- Deputy Secretary-OBO Minister - NSW Flood Inquiry 2022

 

The most recent Warwick Farm draft Precinct Plan, draft Planning Proposal, draft Contribution Plan, Summary Fact Sheet, Flood Assessment, Traffic Assessment and Fact Sheet on Property Acquisition can be found through this link:

 

https://liverpool.infocouncil.biz/Open/2021/11/CO_20211124_AGN_439_AT_SUP_WEB.htm

 


1

ITEM 01

Warwick Farm Precinct Plan: Issue and Option Paper

Attachment 1

Attachment 1: Warwick Farm Structure Plan

 


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1

ITEM 01

Warwick Farm Precinct Plan: Issue and Option Paper

Attachment 2

Attachment 2: Georges River Flood Evacuation Modelling Report

 











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1

ITEM 01

Warwick Farm Precinct Plan: Issue and Option Paper

Attachment 3

Attachment 3: Letter to the Minister for Planning and Public Spaces

 



1

ITEM 01

Warwick Farm Precinct Plan: Issue and Option Paper

Attachment 4

Attachment 4: Response from NSW Government- Deputy Secretary-OBO Minister - NSW Flood Inquiry 2022

 



1

Governance Committee Meeting

9 April 2024

Infrastructure and Planning Committee Report

 

 

ITEM 02

Interim Heritage Order for 124 Moore Street, Liverpool.

 

Strategic Objective

Healthy, Inclusive, Engaging

Embrace the city’s heritage and history

File Ref

355027.2023

Report By

Thomas Wheeler - Heritage Officer

Approved By

Mark Hannan - Acting Director Planning & Compliance

 

Executive Summary

 

At the Governance Committee of 10 October 2023, a Report was tabled recommending the heritage listing of 124 Moore Street, Liverpool which is currently the subject of an Interim Heritage Order (IHO). On considering the Report, the Committee requested further information on the transfer of ownership of the property to Scouts NSW, and whether any restrictions on title were instigated to restrict the use of the site for scouting purposes only.

 

This Report has been prepared in response to this request for additional information. The background and supporting information can be read in the Committee Report from 10 October 2023 (Attachment A).

 

RECOMMENDATION

 

That Council:

 

1.       Note this Report.

 

2.       Endorse the listing of 124 Moore Street, Liverpool on Schedule 5 of the Liverpool Local Environmental Plan 2008.

 

3.       Note that a Report is to be referred to the next available meeting of the Council recommending the commencement of a Planning Proposal to amend the Liverpool Local Environmental Plan 2008.

 

REPORT

 

At the Governance Committee of 10 October 2023, a Report was tabled recommending the heritage listing of 124 Moore Street, Liverpool which is currently the subject of an Interim Heritage Order. On considering the Report, the Committee requested further information on the transfer of ownership of the property to Scouts NSW, and whether any restrictions on title were imposed to restrict the use of the site for scouting purposes only.

 

Further research undertaken by Edwards Heritage on behalf of Council identified that the original land transfer was dated 17 July 1928. The Certificate of Title (Vol. 3952 Fol.149) identified that the land was owned by William Pickersgill until 16 March 1926 when the land was transferred to the Trustees of the School of Arts by the Executors of his Estate.

 

The trustees of the School of Arts included Robert Clyde Howe, Leslie James Ashcroft, Lawrence Murphy, Edward Pearce and Dr James Pirie.

 

In 1928, the School of Arts Trustee agreed in writing to transfer the land to The Public Trustee for the State of New South Wales as Trustee for the Boy Scouts Association of NSW for consideration of £60.

 

The gifting of the land did include the transfer of a token sum of £60 from the Boy Scouts Association of NSW to the respective owner's group. Based on the evidence available through various newspaper articles from that period, this payment was drawn from funds raised through the community (and initiated by the Mayor at the time) to deliver a scout hall for the Liverpool Boy Scouts.

 

On 25 May 1925, The Cumberland Argus and Fruitgrowers Advocate reported on a meeting of persons interested in the Boy Scout movement held at Liverpool Town Hall on 14 May 1925, which was called and presided over by Mayor (Alderman) L. J. Ashcroft. The purpose of the meeting was to facilitate fundraising activities for the delivery of a Scout Hall for the Liverpool Boy Scout movement.

 

Furthermore on 28 November 1930, The Biz reported on the opening of the Scout Hall at 124 Moore Street and noted that in 1926 a “Queen” competition reaped £187; a “Popular Boy Scout” competition brought in £55; and a community ball raised £22. In addition, Former Mayor Ashcroft, E Hirst and J Shepherd provided an additional £140. Additional funds were raised through various small activities held by the community and supported by the Mayor of Liverpool.

 

There is no evidence to suggest that a restriction of the use of land was placed on the title. However, based on the token sale sum and the considerable fundraising activities of the community spearheaded by Mayor Ashcroft for the provision of a scout hall, there was a clear intent from the community for this site to be for the Scout movement and the benefit of the community.

 

 

 

 

 

 

LEGAL ADVICE

 

Following the October 2023 Governance Committee Meeting, legal advice was sought to establish whether any restrictions were placed on the transfer of title from Trustees of the School of Arts to the Boy Scouts Association of NSW.

 

A review of the available information associated with the title transfer has identified no restrictions to title, covenants or other agreements in place that would prevent the land from being used for any purpose.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications relating to this recommendation.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

Preserve and maintain heritage, both landscape and cultural as urban development takes place.


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

Include any relevant legislation and section here.

There are no legislative considerations relating to this report.

Risk

There is no risk associated with this report.

 

ATTACHMENTS

 

1.         Governance Committee Meetings 2023-10-10 - Report - IPC 02 - Proposed heritage listing of 124 Moore Street, Liverpool.

 


1

ITEM 02

Interim Heritage Order for 124 Moore Street, Liverpool.

Attachment 1

Governance Committee Meetings 2023-10-10 - Report - IPC 02 - Proposed heritage listing of 124 Moore Street, Liverpool.

 






1

Governance Committee Meeting

9 April 2024

Infrastructure and Planning Committee Report

 

 

ITEM 03

Notice of Motion - Narrow Road Widths

 

Strategic Objective

Evolving, Prosperous, Innovative

Implement planning controls and best practice urban design to create high-quality, inclusive urban environments

File Ref

356486.2023

Report By

Kweku Aikins - Senior Strategic Planner

Approved By

Lina Kakish - Director Planning & Compliance

 

Executive Summary

 

At the Ordinary Meeting of Council on 27 September 2023, Council resolved (NOM 01) to table a Report at a future workshop that identifies the challenges, opportunities and cost implications of the following:

 

1.       The build and maintenance of current residential narrow street widths when compared to a new minimum width, increased in width to address the practical needs of our residents and that includes traffic calming devices that ensures the same safety concerns as was proposed by making the streets so narrow.

 

2.       Any increase in the cost of housing as a result of increased residential rtreet widths in new developments if implemented.

 

3.       Council’s advice on challenges and appetite to object to the SEPPs that might override Councils vision to increase the minimum residential street widths, if implemented.

 

4.       The current cost to provide in-bay parking in existing and new narrow streets.

Council Officers have provided responses to each of the queries above. It is recommended that Council receives and notes these responses.

 

RECOMMENDATION

 

That the Committee receives and notes the response to the Notice of Motion (NOM 01) from the Ordinary Meeting of Council on 27 September 2023 regarding Narrow Road Widths.

 

 

 

 

REPORT

 

Background

 

At the Ordinary Meeting of Council on 27 September 2023, Council tabled a Notice of Motion (NOM 01) regarding the delivery of roads across the Liverpool Local Government Area (LGA) with a narrow carriageway width. The NOM outlined a series of concerns about narrow road widths in residential areas, in particular concerns about emergency vehicle access, on-street parking, and traffic flow.

 

In response to the NOM, Council resolved to table a Report at a future workshop that identifies the challenges, opportunities and cost implications of the following:

 

1.       The build and maintenance of current residential narrow street widths when compared to a new minimum width, increased in width to address the practical needs of our residents and that includes traffic calming devices that ensures the same safety concerns as was proposed by making the streets so narrow.

 

2.       Any increase in the cost of housing as a result of increased residential street widths in new developments if implemented.

 

3.       Council’s advice on challenges and appetite to object to the SEPPs that might override Councils vision to increase the minimum residential street widths, if implemented.

 

4.       The current cost to provide in-bay parking in existing and new narrow streets.

 

This Report provides a formal response to these four items.

 

Analysis

 

The following Section provides an analysis of the four items listed in the NOM from the Ordinary Meeting of Council on 27 September 2023.

 

Item 1 – The build and maintenance of current residential narrow street widths when compared to a new minimum width, increased in width to address the practical needs of our residents and that includes traffic calming devices that ensures the same safety concerns as was proposed by making the streets so narrow.

 

Established Areas

 

A suburb-by-suburb breakdown of constructed roads in the LGA (Attachment 1) has found that average carriageway widths in residential areas vary from approximately 5.7m to 8.5m.

 

Narrow streets are typically found in older release areas such as Wattle Grove and Prestons and are typically the result of best practice at the time (Australian Model Code of Residential Development (AMCORD), Commonwealth of Australia, 1995) (Attachment 2).

 

Providing a narrow carriageway whilst allowing on-street parking supports lower vehicle speeds, which in turn improves safety, particularly for more vulnerable users like pedestrians and cyclists, and enhances local amenity.

 

However, with the Liverpool LGA experiencing higher levels of car ownership compared with the Greater Sydney average – 2021 Census data indicates that 56 per cent of households within the Liverpool LGA had access to two or more vehicles compared with 46 per cent for Greater Sydney – competition for on-street parking in established areas can often be greater than was envisaged by the AMCORD Guidelines.

 

By not providing dedicated on-street parking areas, some narrow streets can become restricted to a single trafficable two-way lane, impacting vehicular accessibility. In response to these issues, Council has allocated an annual budget of $200,000 to implement parking treatments within narrow streets.

 

The cost of complete reconstruction of such roads in established areas would be prohibitively expensive, and impact established infrastructure within the road reserve like footpaths, street lighting, and street trees, and likely necessitate services (e.g. electricity, stormwater, telecommunications, water, etc.) relocation.

 

Growth Areas

 

In 2021, the Liverpool Growth Centre Precinct Development Control Plan (DCP) was amended to enhance traffic flow and alleviate issues associated with the absence of dedicated on-street parking in local streets. The DCP amendment included changes to the road cross-section for local streets as shown in Figure 1 (Attachment 3), which were subsequently endorsed by Council at the Ordinary Meeting of Council on 31 March 2021.

 

The amendments maintained the corridor width of a local street at 16 metres (from property boundary to property boundary) however readjusted the cross-section to include on-street parking on both sides of the street. The change ensured that no additional land was required for the purpose of local road construction, nor any impact to the original dwelling yield.

 

Conclusion

 

With the DCP amendment in 2021 ensuring new local streets in growth areas are delivered with on-street parking on both sides of the street, as well as a trafficable carriageway width that facilitates two-way traffic flow, it is noted that the existing concerns with narrow streets in the established areas should be avoided in the growth areas as they develop.

 

With regards to the established areas, given the prohibitive cost of attempting to retrofit all narrow streets across the LGA, it is recommended that Council continues to utilise the existing annual budget allocation to target high-risk narrow streets to address on-street parking issues.

 

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Figure 1: Cross section of typical local street in the Liverpool Growth Areas (Austral and East Leppington)

 

Item 2 – Any increase in the cost of housing as a result of increased residential street widths in new developments if implemented.

 

It is acknowledged that there would likely be an associated increase in construction cost as a result of providing a wider road carriageway for a local street, due to the inclusion of indented parking bays, associated traffic calming devices, and a wider trafficable pavement overall. Whether this increase in construction cost for a wider local street would translate to an increase in the cost of housing for homes serviced by that street is unclear.

 

There is no distinct correlation between increasing local road widths and the cost of purchasing housing. Whilst the cost of delivering land and housing may fluctuate based on construction costs and land values, the cost of buying housing is more related to the cost of comparable dwellings in the area and factors such as the buyer’s ability to pay and/or to seek debt. Nonetheless, if road widths are increased, this will proportionally reduce the saleable land that could be developed on larger sites in the growth areas.

 

Item 3 – Council’s advice on challenges and appetite to object to the SEPPs that might override Councils vision to increase the minimum residential street widths, if implemented.

 

Road widths across the Liverpool LGA are governed by Development Control Plans (DCPs) and relevant technical guidelines, rather than State Environmental Planning Policies (SEPPs).

 

As such, it is unlikely that a SEPP would override initiatives to widen local streets. SEPPs will generally only provide land-use zoning reservations for arterial or sub-arterial roads which are normally delivered by Transport for NSW.

 

Item 4 – The current cost to provide in-bay-parking in existing and new narrow streets.

 

The cost of providing on-street parking bays is estimated at between $3,000 and $5,000 per parking space. There are two types of parking bay sizes:

·       Half width paved parking bay – meaning one tyre on the road and another on the footpath verge. Estimated Cost: Between $3,000 and $3,500.

·       Full width paved parking bay - meaning entire vehicle will be parked on footpath verge. Estimated Cost: Between $4,500 and $5,000.

 

Conclusion

 

This Report details the challenges, opportunities and costs associated with narrow streets in both established and growth areas across the Liverpool LGA. It is recommended that Council notes and receives the responses provided in this Report.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications relating to this recommendation.

 

 

 

 

 

 

 

 

 

 

 

CONSIDERATIONS

 

Economic

Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways.

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

Environment

Promote an integrated and user-friendly public transport service.

Support the delivery of a range of transport options.


Social

Regulate for a mix of housing types that responds to different population groups such as young families and older people.


Civic Leadership

There are no civic leadership and governance considerations.

Legislative

There are no legislative considerations relating to this report.

Risk

There is no risk associated with this report.

 

ATTACHMENTS

 

1.         Average street widths by suburb

2.         Typical road cross sections (Established Areas - AMCORD)

3.         Typical road cross sections (Growth Areas)

 


1

ITEM 03

Notice of Motion - Narrow Road Widths

Attachment 1

Average street widths by suburb

 

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1

ITEM 03

Notice of Motion - Narrow Road Widths

Attachment 2

Typical road cross sections (Established Areas - AMCORD)

 




1

ITEM 03

Notice of Motion - Narrow Road Widths

Attachment 3

Typical road cross sections (Growth Areas)

 







1

Governance Committee Meeting

9 April 2024

Infrastructure and Planning Committee Report

 

 

ITEM 04

Community Participation Plan Discussion Paper

 

Strategic Objective

Healthy, Inclusive, Engaging

Communicate, listen, engage and respond to the community by encouraging community participation

File Ref

064679.2024

Report By

Brianna Van Zyl - Senior Strategic Planner

Approved By

Lina Kakish - Director Planning & Compliance

 

Executive Summary

 

At the Ordinary Meeting of Council on 7 February 2024, a Question with Notice (QWN 01) by Councillor Rhodes was raised regarding neighbour notification of subdivisions resulting in lot sizes greater than 300m2 (Attachment 1). In response to the QwN, Council resolved:

 

‘That:

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

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

This Report has been prepared in response to the Council Resolution and details the most recent revision to the Community Participation Plan (2022), the justification around the notification requirements for subdivisions of lots greater than 300m2.

 

The aim of this Report is to facilitate discussion on the current Community Participation Plan (CPP) and identify whether any further amendments to the CPP are required. If further amendments are required, they will tabled at a future Ordinary Meeting of Council for Council consideration and endorsement.

 

 

 

 

 

 

 

RECOMMENDATION

 

That the Committee receives and note this Report.

 

 

REPORT

 

Background

In March 2018, changes to the Environmental Planning and Assessment Act 1979 (EP&A Act) required all Councils to prepare a Community Participation Plan (CPP). As a result of the legislative change, Council subsequently endorsed the Liverpool Community Participation Plan in October 2019.

 

Before Council’s first CPP, all community participation requirements were outlined in Councils Development Control Plan (DCP). Whilst preparing the CPP, most of the public participation requirements were largely adapted from Part 1 (Chapter 18) of the DCP, including the provision to not require notification of Development Applications which propose to subdivide lots greater than 300m2. Part 1, Chapter 18 of the DCP has since been revoked.

 

More recently, in December 2022, Council endorsed an amendment to the CPP which made the following changes to the document:

·     Updating land use definitions to reflect the Standard Instrument;

·     Removal of the requirement to advertise in the local newspaper as they have ceased being published;

·     The addition of a figure which demonstrates the relationship between strategic documents;

·     The addition of a clause which gives the Manager Development Assessment discretion to exhibit any application considered to have significant community interest for a longer period;

·     The addition of a clause requiring Council-related Development Applications to be exhibited for a minimum of 28 days;

·     Increase the notification distance to five properties in each direction, with Figure 2 being updated to reflect this (request from Council); and

·     Amend notification requirements to include owners and occupiers (request from Council).

 

 

 

At the Ordinary Meeting of Council on 7 February 2024, a Question with Notice (QWN 01) was raised regarding neighbour notification of subdivisions resulting in lot sizes greater than 300m2 (Attachment 1). In response to the QwN, Council resolved: 

 

‘That:

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

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

Analysis

At the Ordinary Meeting of Council on 7 February 2024, the following items were discussed in relation to the CPP. Responses to each item is provided below.

 

a)   Notification of lots greater than 300m2

Notification requirements in the CPP were largely sourced from the former Liverpool DCP 2008, which did not require the notification of Development Applications for subdivision of sites greater than 300m2. This same position was carried over into the CPP.  

 

The subdivision of lots greater than 300m2 typically have less of an impact on neighbouring properties compared to smaller lot subdivisions (i.e. less than 300m2). Part of the reason for this is that smaller lots typically contain development with smaller setbacks and greater potential for visual, privacy or overshadowing impacts. Conversely, larger lots typically allow for more flexibility in design, which helps address privacy and amenity concerns.

 

In addition, under SEPP (Exempt and Complying Development Codes) 2008, a dwelling house can be constructed through the complying development pathway if the lot is greater than 200m2. Therefore, the decision not to notify the subdivision of lots greater than 300m2 was because a dwelling house could be achieved comfortably on the site through a Complying Development Certificate (CDC) which did not warrant detailed community consultation.

 

There is scope to increase the neighbour notification requirements to include the subdivision of lots greater than 300m2 however this would add an additional step in the Development Application assessment process for larger subdivision proposals, as well as increase the associated Development Application approval timeframes for these proposals.

 

 

 

 

b)   Notification of five (5) properties in each direction

As part of the amendment to the CPP in December 2022, the notification distance for some Development Applications were increased to require notification of five (5) properties on each side of the subject site rather than adjoining neighbours, as requested by Council. For clarity, the previous notification requirements are outlined in Figure 1, with the updated (current) version shown in Figure 2.

 

A map of a building with check marks

Description automatically generated

Figure 1: Previous notification requirement under CPP 2019

 

Figure 2: Current notification requirements as per December 2022 CPP

 

As a result of this change, Council staff have been required to send out significantly more letters for Development Applications such as (but not limited to): Light Industry, Manor Houses, Terraces, Semi-Detached housing, Commercial Premises and Secondary dwellings.

 

The requirement to notify five (5) properties in each direction has resulted in a greater number of notification letters being sent for relatively minor applications, especially in the rural areas of the LGA. Two examples of recent Development Applications which have resulted in a disproportionate number of letters being sent to residents, are presented in Table 1 below.

 

Table 1: Examples of Notifications for Development Applications

Development Application

No. letters sent

Notification Plan

DA-195/2023

Alterations and additions to an existing unauthorised structure (granny flat) and change of use to a secondary dwelling with a proposed attached outbuilding.

 

48

DA-145/2023

Two lot subdivision, and construction of semi-detached dwellings.

 

46

 

 

The requirement to notify five (5) properties in each direction has also increased the resourcing associated with neighbouring property notification. A comparison of Bing Invoices, (the provider Council uses to conduct mail merges and send letters), from 2022 (prior to CPP changes) compared to 2023, shows the new notification requirements have resulted in an increase in overall costs (see Table 2).

 

Furthermore, Bing has recently advised Council that from 3 April 2024, each small letter will be subject to a 25c price increase.

 

Table 2: Comparison of Invoice Cost

Time of Year

2022 Invoice Costs

2023 Invoice Cost

Difference

Late April

$493

$875

+$382

Late May

$2570

$2952

+$382

Early October

$436

$2867

+2,431

 

Whilst Council staff are of the opinion meaningful neighbour notification is important, it is also important that the notification is reaching the right constituents, and not inadvertently increasing both Development Assessment approval timeframes and operational costs.

 

Moving forward, an option to resolve this issue is to include a tiered system for Development Applications that involve residential dwellings. For example, Development Applications that proposed:

1.    1-5 dwellings are sent to the directly adjacent landowners;

2.    5-20 dwellings are sent the three (3) adjacent properties; and

3.    20 or more dwellings continue as per the current CPP.

 

Alternatively, additional discretion could be included in the CPP for the Manager Development Assessment to allow for notification to be less than the CPP requires when the requirements outlined in the CPP are too onerous.

c)   Examples of other Councils

Each Council deals with neighbour notification slightly different. A summary of how some of Liverpool’s adjoining Councils manage notification is presented in Table 3.

 

Table 3: Examples of other Council notification practices

Council

Comment

Camden Council

Camden Council does not specify notification distances in the CPP. For all Development Applications they notify adjoining land only (including rear and across the road). Their CPP includes a discretionary clause for larger, more complex developments.

Campbelltown City Council

Campbelltown City Council does not notify all development, only the land uses specifically listed in the CPP. Single Storey Dwelling houses are not notified under their CCP.

Examples of development (but not limited to) which are exhibited and notified (with the notification distance being 100m) includes:

Residential Flat Buildings, Boarding Houses, Seniors Housing, Place of Public Worship in R2 Low Density Residential, and Subdivisions containing more than 100 new lots.

Other developments which are notified, but only to adjoining owners include:

Additions to existing dwelling that create a second storey, Semi-Detached Dwellings, Dual Occupancies and Secondary Dwellings.

Fairfield City Council

The Fairfield City Council Community Engagement Strategy proposes a tiered system for engagement, which reflect the varying impacts, and sensitivity of proposed developments. Generally, letters are sent to notify neighbours of development for most residential, industrial and commercial developments. However, the notification distance varies from 30m to 100m.

The following developments are not required to be notified:

Office Premises, Business Premises, Kiosks, Local Distributions Centres and Specialised Retail Premises.

 

 

 

 

 

 

d)   State Environmental Planning Policies – Notification to Neighbours

Development permissible under a State Environmental Planning Policy (SEPP) is treated differently to development applied through a Development Application. Development permissible under a SEPP, specifically Complying Development, is considered straight forward building work which is expected to have minimal disturbance on neighbours. Examples include Secondary Dwellings, Single Storey Dwelling Houses, and certain change of use applications.

 

Certifiers using Chapter 3 of SEPP (Housing) 2021, or SEPP (Exempt and Complying Development Codes) 2008, must notify neighbours within a 20m radius of the subject site. This must be in the form of written notice and be given in person, through a letter box drop, or via the post. The written notice must contain the following information:

·    The name, address, and telephone number of the applicant land where development will occur, and certifiers contact details;

·    A statement that the certifier has received an application for a complying development certified and will determine the application in accordance with the Act;

·    Description of the development; and

·    Date on which the application was received by a certifier.

Neighbours can request to see the plans of the complying development, however, there is no obligation for the Applicant to make these available.

 

In addition, once the Complying Development Certification has been issued, neighbours within 20 metres from the boundary must be notified prior to any work commencing. This is called the pre-construction notification and is for information only. Neighbours cannot make a submission.

 

The Complying Development notification process is used as a notification of development, rather than consultation, as submissions are not received, or required to be considered if the Certifier is contacted.

 

Discussion Points

The following is a summary of discussion points to inform any next steps:

 

·    Neighbour notification for subdivision of lots greater than 300m2 is not deemed necessary, as Complying Development can occur on these lots. Complying Development does not require neighbour notification for the purpose of considering feedback;

·    Increased notification requirements introduced into the CPP in December 2022 are increasing the cost to Council to undertake neighbour notification; and

·    Liverpool CPP has greater notification requirements compared to other neighbouring Councils, and the introduction of further requirements will increase both Development Assessment approval timeframes and operational costs.

Next Steps

If Council decide to amend the CPP, formal Council endorsement will be required. Following this, the amended Plan is required to be placed on public exhibition for a minimum of 28 days, in accordance with Clause 2.23 of the Environmental Planning and Assessment Act 1979.

 

The results of the public exhibition will then be re-reported to a future Ordinary Meeting of Council for final endorsement.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications relating to this recommendation. An amendment to the Community Participation Plan is within the existing budget of Council’s City Planning Department.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

Raise community awareness and support action in relation to environmental issues.


Social

Raise awareness in the community about the available services and facilities.


Civic Leadership

Encourage the community to engage in Council initiatives and actions.

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

Deliver services that are customer focused.

Operate a well-developed governance system that demonstrates accountability, transparency, and ethical conduct.

Legislative

Division 2.6 of the Environmental Planning and Assessment Act

requires Councils to prepare a Community Participation Plan, and

Clause 2.24 requires for them to be reviewed periodically.

Risk

There is no risk associated with this report. Risks associated with any proposed changes to the Community Participation Plan would be reported to the Council meeting, e.g. financial impacts from increased requirements.

 

ATTACHMENTS

 

1.         Question with Notice and Council Resoultion - 7 February 2024

 


1

ITEM 04

Community Participation Plan Discussion Paper

Attachment 1

Question with Notice and Council Resoultion - 7 February 2024

 



1

Governance Committee Meeting

9 April 2024

Infrastructure and Planning Committee Report

 

 

ITEM 05

Development Assessment

 

Strategic Objective

Liveable, Sustainable, Resilient

Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city

File Ref

086929.2024

Report By

William Attard - Manager Development Assessment

Approved By

Mark Hannan - Acting Director Planning & Compliance

 

Executive Summary

 

This Report is prepared to table a snapshot of key Development Assessment (DA) statistics.

 

RECOMMENDATION

 

That the Committee receives and notes this Report.

 

REPORT

 

The following key Development Assessment (DA) statistics are provided:

 

Development Applications and Class 1 Appeals

 

Development Applications (DAs) Outstanding/Received/Completed

Outstanding – 31 March 2024

291 DAs

DAs Received – March 2024

159 DAs

DAs Completed – March 2024

167 DAs

Class 1 Appeals (March 2024)

Outstanding – 31 March 2024

39 Appeals

Lodged – Deemed Refusal / Against Council’s Determination

1 Appeals / 0 Appeals

Appeals Upheld – s34 Agreement / Hearing

0 Appeals / 0 Appeals

Appeals Dismissed

0 Appeals

Appeals Terminated

0 Appeals

Appeals Withdrawn

0 Appeals

Development Application (DA) Approval Statistics (March 2024)

DAs Approved

61 DAs

Total Capital Investment Value (CIV) ($)

$54.2M CIV

New Lots Approved

83 Lots

New Homes Approved

60 Homes

DA Fees Released from Trust ($)

$189k Fees

Contribution Fees Raised ($)

$4.6M Contributions

PANs Received, Returned & Average Timeframes (March 2024)

PANs Received

159 PANs

PANs Returned

90 PANs

Average Timeframe – PAN to Lodgment

12 Days

Average Determination Timeframe

Average Determination Timeframe – For Current Financial Year

243 Days

Average Determination Timeframe – For March 2024

167 Days

 

Development Assessment (DA) Team Vacancy (Technical Officers Only)

 

Position

Positions

Vacancy

Principal Planner

1

0

Senior DA Planners

9

2 (Under Recruitment)

Senior Planning Advisory Officers

3

2 (Under Recruitment)

DA Planners

14

0

Student Planners

4

1 (Under Recruitment)

Duty Officers

2

0

 

FINANCIAL IMPLICATIONS

 

There are no financial implications relating to this recommendation.

 

CONSIDERATIONS

 

Economic

There are no economic and financial considerations.

Environment

There are no environmental and sustainability considerations.


Social

There are no social and cultural considerations.


Civic Leadership

Undertake communication practices with the community and stakeholders across a range of media.

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

Legislative

There are no legislative considerations relating to this Report.

Risk

There is no risk associated with this Report.

 

ATTACHMENTS

 

Nil

 


1

Governance Committee Meeting

9 April 2024

Infrastructure and Planning Committee Report

 

 

ITEM 06

Voluntary Planning Agreement Status Report - March 2024

 

Strategic Objective

Visionary, Leading, Responsible

Demonstrate a high standard of transparency and accountability through a comprehensive governance framework

File Ref

094586.2024

Report By

Yee Lian - Contributions Planning Officer

Approved By

Mark Hannan - Acting Director Planning & Compliance

 

Executive Summary

 

The purpose of this Report is to provide a summary of activity associated with Voluntary Planning Agreements (VPAs), including offers under review, executed VPAs, land and monetary contributions.

 

RECOMMENDATION

 

That the Committee receives and notes this Report.

 

REPORT

 

Attachment 1 of this Report provides a status update of live Voluntary Planning Agreements (VPAs) up to 22 March 2024. The list currently includes:

•        One (1) VPA Letter of Offer;

•        Four (4) VPAs In-Draft and/or under Negotiation;

•        18 Executed VPAs (including four requesting to be revoked); and

•        Five (5) completed VPAs.

FINANCIAL IMPLICATIONS

 

There are no financial implications relating to the 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.


Social

There are no social and cultural considerations.


Civic Leadership

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

Deliver services that are customer focused.

Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.

Legislative

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulations 2021

Risk

There is no risk associated with this Report.

 

ATTACHMENTS

 

1.         VPA Status Report to Council as at March 2024

 


1

ITEM 06

Voluntary Planning Agreement Status Report - March 2024

Attachment 1

VPA Status Report to Council as at March 2024

 










 


1

Governance Committee Meeting

9 April 2024

Budget Committee Report

 

 

ITEM 07

Review of Council's Financial progress, forecasts and assumptions

 

Strategic Objective

Visionary, Leading, Responsible

Ensure Council is accountable and financially sustainable through the strategic management of assets and resources

File Ref

093934.2024

Report By

Vishwa Nadan - Chief Financial Officer

Approved By

Farooq Portelli - Director Corporate Support

 

Executive Summary

 

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

 

Based on Q2 Budget Review, Council resolutions, program initiatives, market trends and actual budget performance, to 29 February 2024, Council is projecting an operating deficit of $8.3m.

This report provides key variations and highlights key risks and opportunities that may impact on the projected result.

 

RECOMMENDATION

 

That the Governance Committee receives and notes the report.

 

REPORT

 

Budget Performance

 

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

 

Based on Q2 Budget Review, Council resolutions, program initiatives, market trends and actual budget performance, to 29 February 2024, Council is projecting an operating deficit of $8.3m. Key variations noted are:

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On-going review of resource requirements to achieve corporate initiatives has resulted in an investment in additional unbudgeted positions and program costs. The $4.6 million cost associated with engagement of additional staff resources and regrading’s is expected to be absorbed by salary savings from current vacancies, deferred recruitment, and restructured positions across the Council. Detailed analysis of both revenue and expenditure is provided as Attachment 1.

 

Operating Revenue

Budget performance of key sources of operating revenue were as follows:

 

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Operating Expenditure

 

Budget performance of key areas of operating expenses were as follows:

 

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Description automatically generated with medium confidence

 

 

Risks & Opportunities

 

The following risks and opportunities have been identified with the potential to change the projected budget result for FY 2023/24.

 

i)        FAG Operating Grant [Risk Probability: Low/Moderate] – The NSW Grants Commission fully paid 2023/24 financial assistance grant in advance. Any change to their position for FY2024/25 is not known at this stage.

 

ii)       Net Loss from Disposal of Assets [Risk Probability: Highly Likely] – As part of the road renewal process, a portion of the road surface is scrapped off and then replaced. The replacement cost is capitalised, however, there is a written down value attached to the portion removed. The cost of write-off depends on the condition of the road at time of renewal and depth of surface removed. Budget includes a provision of $2.5 million, however, the actual cost to June 2024 is not known.

 

Cash Reserves

 

At 29 February 2024, Council had $412 million in cash and investments classified as

follows:

 

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ATTACHMENTS

 

1.         Budget Variance Analysis Report - Feb 2023

 


1

ITEM 07

Review of Council's Financial progress, forecasts and assumptions

Attachment 1

Budget Variance Analysis Report - Feb 2023