AGENDA
Governance Committee Meeting
11 June 2024

You are hereby notified that a Governance Committee Meeting of Liverpool City Council will be held at Liverpool Civic Place, 11.08 boardroom wirriga (goanna) Level 11, 50 Scott Street, Liverpool NSW 2170 on Tuesday, 11 June 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.

Jason Breton
ACTING CHIEF EXECUTIVE OFFICER
Order of Business
PAGE TAB
Opening
Apologies
Declarations of Interest
Infrastructure and Planning Committee
ITEM 01 Development Assessment Policy 4 1
ITEM 02 Development Assessment 62 2
Budget Committee
ITEM 03 Review of Council's Financial progress, forecasts and assumptions 65 3
Strategic Priorities Committee
NIL
Strategic Performance Committee
ITEM 04 Responses to Questions with Notice from the 24 April 2024 Council meeting - Addressing Trade Skills Shortages 74 4
ITEM 05 Library Review Program 77 5
Presentations by Councillors
Close
Governance Committee Meeting
11 June 2024
Infrastructure and Planning Committee Report
|
ITEM 01 |
Development Assessment Policy |
|
Strategic Objective |
Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city |
|
File Ref |
154999.2024 |
|
Report By |
Laura Mehew - Project Officer Planning |
|
Approved By |
Lina Kakish - Director Planning & Compliance |
Executive Summary
In March 2017, the Department of Planning and Environment (now Department of Planning, Housing and Infrastructure – DPHI) released the Development Assessment Best Practice Guide (the Guide) to promote best practice principles to assist Council’s with the management of development applications.
To build on the success of the Guide, a draft Development Assessment Policy (the draft DA Policy) for Liverpool City Council (Council) has been prepared. The draft DA Policy aligns with the principles outlined in the Guide and specifies how development applications lodged with Council will be assessed and determined.
The draft DA Policy aims to:
· Support the management of development applications by establishing a clear and consistent approach;
· Establish clear directions and expectations for Applicants to provide well-made, assessment ready applications;
· Improve community and customer satisfaction; and
· Improve assessment times.
That the Governance Committee:
1. Notes and receives this report.
2. Endorses the draft DA Policy for public exhibition, for a period of not less than 28 days in line with the Liverpool Community Participation Plan.
3. Notes that a report will be brought back to Council post-public exhibition, summarising submissions received, and seeking Council’s endorsement on a Final DA Policy.
REPORT
1. Background
Development Assessment in NSW is carried out under the provisions of the Environmental Planning & Assessment Act 1979 (EP&A Act) and the Environmental Planning & Assessment Regulation 2021 (EP&A Regs) and their associated instruments.
To build on the success of the Guide, a draft DA Policy for Council has been prepared and is provided at Attachments 1 and 2. The draft DA Policy aligns with the principles outlined in the Guide provided at Attachment 3 and specifies how development applications lodged with Council will be assessed and determined.
The draft DA Policy includes best practice principles that assist in the timely determination of development applications, including the following:
· Focus on pre-lodgement services to ensure better responses to policy and planning requirements;
· Lodgement of ‘assessment ready’ applications, allowing the assessment officer to focus on assessing and determining the applications; and
· Corporate accountability for assessment timeframes in the form of key performance indicators.
The draft DA Policy was tabled at the Council Meeting held 13th December 2023, whereby Council resolved the following:
1. Adopts the Development Assessment Best Practice Guide March 2017; and
2. Format it into a Policy and bring it back to Council for approval before putting it out on Council exhibition.
Following this meeting, the draft DA Policy has been amended to demonstrate a stronger alignment with the principles and objectives outlined in the Guide, as well as the addition of Key Performance Indicators (KPIs) set by the Environmental Planning and Assessment (Statement of Expectations) Order 2021.
2. About the Policy
To deliver a customer-focused Development Assessment service within reasonable timeframes, Applicants must furnish well-made, assessment ready applications, at the time of submission via the NSW Planning Portal. The onus is on the Applicant to ensure the information submitted is complete, accurate, and ready for assessment.
This policy will apply to all stages of the development application process, including:
· Pre-lodgement;
· Lodgement;
· Assessment;
· Determination; and
· Post Determination options.
3. Council Resolution
The Guide was developed in 2017 and was designed as a resource to assist Council’s in the management of the Development Assessment process.
Since the publication of the Guide, planning has evolved to now include use of external portals such as the NSW Planning Portal and the complexity of what is required in a planning assessment has also changed. Additionally, the bulk of the content in the Guide is managed at an operational level via Development Assessment processes and procedures, the contents of which are not appropriate in a high-level policy document.
The draft DA policy has therefore been prepared to provide the structure and rules around the management of development applications specific to Council, thus providing clarity for Council, Applicants and the Community.
4. Amended Policy
Council has amended the draft DA Policy to create a stronger alignment with the Guide, with the addition of:
· Alignment to guiding principals referenced in the Guide;
· Key objectives;
· Addition of overall determination timeframes; and
· Changes to Processes and Procedures.
4(i). Alignment to Guiding Principles Referenced in the Guide
The draft DA Policy includes the following best practice principles from the Guide:
· Provision of targeted Pre-DA and Duty Planning Services;
· Efficient lodgement and triage processes;
· Corporate accountability for assessment timeframes via Key Performance Indicators (KPIs); and
· Delegations that support a consistent, targeted and efficient decision-making process.
4(ii). Key Objectives
Key objectives have been included within the draft DA policy, to provide clear outcomes for Applicants at each stage of the application lifecycle.
4(iii). Addition of Overall Determination Timeframes
In the Guide, DPHI outlined that Councils should adopt KPIs in line with the Premier's Priority Target to achieve 90% of development applications determined within 40 days.
The timeframe target is no longer a Premier's Priority, and DPHI have not updated the Guide to reflect any changes in policy or targets. DPHI does not report against these targets, however, provides a Performance Dashboard that tracks development application data provided through the NSW Planning Portal.
In November 2021, the Minister for Planning and Public Spaces issued the Environmental Planning and Assessment (Statement of Expectations) Order 2021 under the EP&A Act, which established expectations for Councils in relation to their performance of a range of planning and development functions.
As per the Order, relevant Development Assessment KPIs for Council were adopted within Council’s Delivery Program and Operational Plan (DPOP), which are as follows:
· Determine development applications where Council is the Consent Authority within 180 days from lodgement, for 90% of applications; and
· Prepare assessment reports and refer regionally significant developments to the Sydney Western City Planning Panel (SWCPP) for determination within 250 days of lodgement, for 90% of applications.
The following additional KPIs have been adopted within Council’s DPOP relevant to Development Assessment:
· Determine development applications of a minor nature (dwellings, secondary dwellings, ancillary residential structures) within 40 business days, for 90% of applications.
· Provide Pre-Lodgement meeting minutes to applicants within 10 business days of meeting date, for 90% of applications.
Additional time frames for each assessment stage reflected within the Guide, are managed at an operational level via Development Assessment processes and procedures, which are outside the scope of the draft DA Policy.
4(iv). Changes to Processes and Procedures
As part of the implementation of a DA Policy, Council will make internal administrative changes to its process and procedure documentation, to ensure consistency and alignment.
The principles referenced in the Guide which are implemented operationally, include:
· Investment in the pre-lodgement stage;
· Standardisation of processes and procedures; and
· Continuous improvement programs, including business systems and technology.
Additionally, to support alignment with the best practice guiding principles, a review of Council’s publicly available guides and information relating to development applications is currently being reviewed and updated as a part of Council’s Website and Intranet Improvement Project, led by the Communications, Marketing and Brand Department.
5. Conclusion
The adoption of the draft DA Policy will support Council Officers in delivering efficient and improved services, by ensuring Applicants are supported through Pre-Lodgement and Planning Advisory services, ensuring that applications submitted are well-made, and assessment ready.
CONSULTATION
In preparing the draft DA Policy, feedback was sought from Council’s Legal Services, Governance and Community Standards departments. The feedback provided has been considered and incorporated into the final draft DA policy.
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 |
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 & Assessment Act 1979; and Environmental Planning & Assessment Regulation 2021. |
|
Risk |
The risk is deemed to be Low. |
ATTACHMENTS
1. Draft - Development Assessment Policy - 2024 clean
2. Draft Development Assessment Policy 2024 - Tracked changes
|
ITEM 01 |
Development Assessment Policy |
|
Attachment 1 |
Draft - Development Assessment Policy - 2024 clean |

|
ITEM 01 |
Development Assessment Policy |
|
Attachment 2 |
Draft Development Assessment Policy 2024 - Tracked changes |

|
ITEM 01 |
Development Assessment Policy |
|
Attachment 3 |
Development Assessment Best Practice Guide 2017 |

Governance Committee Meeting
11 June 2024
Infrastructure and Planning Committee Report
|
ITEM 02 |
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 |
166285.2024 |
|
Report By |
William Attard - Manager Development Assessment |
|
Approved By |
Lina Kakish - Director Planning & Compliance |
Executive Summary
This report is prepared to table a snapshot of key Development Assessment (DA) statistics.
That Governance Committee receives and notes the Development Assessment report.
REPORT
The following key Development Assessment (DA) statistics are provided:
Development Applications and Class 1 Appeals
|
Period of Development Assessment Statistics (May 2024) |
|
|
Outstanding DAs and Appeals – 30 April 2024 |
286 DAs / 36 Appeals |
|
Outstanding Referrals – 30 April 2024 |
218 Referrals |
|
Planning Application Numbers (PANs) – May 2024 |
|
|
- PANs Received |
190 PANs |
|
- PANs Lodged / Returned |
69 / 130 PANs |
|
Referrals Issued / Completed – May 2024 |
292 / 288 Referrals |
|
Development Applications (DAs) – May 2024 |
|
|
- DAs Approved |
70 DAs |
|
- DAs Refused |
23 DAs |
|
- DAs Withdrawn |
0 DAs |
|
Class 1 Appeals (Appeals) – May 2024 |
|
|
- Appeals Lodged - Deemed Refusal / Council Determination |
0 / 1 Appeals |
|
- Appeals Upheld - s34 Agreement / Hearing |
1 / 0 Appeals |
|
- Appeals Dismissed / Terminated |
0 / 0 Appeals |
|
- Appeals Withdrawn |
0 Appeals |
|
Outstanding DAs and Appeals – 31 May 2024 |
245 DAs / 38 Appeals |
|
Outstanding Referrals – 31 May 2024 |
187 Referrals |
|
Development Application (DA) Determination Statistics (May 2024) |
|
|
DAs Approved |
70 DAs |
|
- Total Capital Investment Value (CIV) ($) |
$41.4M CIV |
|
- New Lots Approved |
137 Lots |
|
- New Homes Approved |
54 Homes |
|
- Contribution Fees Raised ($) |
$11.9M Contributions |
|
DA Fees Released from Trust ($) – All Determinations |
$376k Fees |
|
Average Determination Timeframe |
|
|
- Current Financial Year |
239 Days |
|
- Month Including / Excluding Stop the Clock – May 2024 |
214 / 214 Days |
Development Assessment (DA) Team Vacancy (Technical Officers Only)
|
Position |
Positions |
Vacancy |
|
Principal Planner |
1 |
0 |
|
Senior DA Planners |
8 |
1 (Under Recruitment) |
|
Senior Planning Advisory Officers |
3 |
1 (Under Recruitment) |
|
DA Planners |
17 |
0 |
|
Student Planners |
4 |
1 |
|
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. |
Nil
Governance Committee Meeting
11 June 2024
Budget Committee Report
|
ITEM 03 |
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 |
170754.2024 |
|
Report By |
Vishwa Nadan - Chief Financial Officer |
|
Approved By |
Farooq Portelli - Director Corporate Support |
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 Q3 Budget Review, Council resolutions, program initiatives, market trends and actual budget performance to 30 April 2024, Council is projecting an operating deficit of $6.9m.
This report provides key variations and highlights key risks and opportunities that may impact on the projected result.
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 Q3 Budget Review, Council resolutions, program initiatives, market trends and actual budget performance to 30 April 2024, Council is projecting an operating deficit of $6.9m. Key variations noted are:

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:

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

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 30 April 2024, Council had $388 million in cash and investments classified as follows:

ATTACHMENTS
1. 2023-24 Q3 Budget Review - Consolidated Variance Analysis
|
ITEM 03 |
Review of Council's Financial progress, forecasts and assumptions |
|
Attachment 1 |
2023-24 Q3 Budget Review - Consolidated Variance Analysis |

Governance Committee Meeting
11 June 2024
Strategic Performance Committee Report
|
ITEM 04 |
Responses to Questions with Notice from the 24 April 2024 Council meeting - Addressing Trade Skills Shortages |
|
Strategic Objective |
Visionary, Leading, Responsible Place customer satisfaction, innovation and best practice at the centre of all operations |
|
File Ref |
159802.2024 |
|
Report By |
Philip Smith - Talent Acquisition Lead |
|
Approved By |
Farooq Portelli - Director Corporate Support |
Executive Summary
This report has been tabled in order to provide responses to item qwn04 addressing trade skills shortages from the 24th April 2024 council meeting. Resolution shown below.
1. Council direct the Acting CEO that a commitment be made for trades apprentices taken on by Council are attached to a registered training organisation (RTO);
2. Council direct the Acting CEO that a report come back to Council on other service providers that are engaged with Council; and
3. This item be discussed at a Governance Committee meeting at a future date.
That the Governance Committee recommends Council, receives and notes this report.
REPORT
1. Council direct the Acting CEO that a commitment be made for trades apprentices taken on by Council are attached to a registered training organisation (RTO);
Council already ensures that trades apprentices taken on are being trained and educated with a registered training organisation. This will continue as normal practice.
2. Council direct the Acting CEO that a report come back to Council on other service providers that are engaged with Council; and
It can be reported the following service providers are engaged for Community Lifestyle Directorate and Operations Directorate as part of the apprenticeships that occur in the relevant functions.
Community Lifestyle Directorate
· Use 'Business Support Australia' and 'TAFE NSW'.
· Previously used Wave Learning if a trainee did not have the required visa to participate in a government funded course.
Operations Directorate
· Apprenticeship Training - TAFENSW
· Traffic Control Training - Standard Training Pty Ltd
· Chemical Training Certification - SpraySmart Pty Ltd
· First aid Training - St John Ambulance NSW
· General Staff training - Academy Green Training
· Plant Training such e.g front-end loaders & excavator - Kallibr Training
3. This item be discussed at a Governance Committee meeting at a future date.
This item has been placed on the agenda for the next Governance Committee meeting.
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 |
No social considerations. |
Civic Leadership |
Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services. |
|
Legislative |
There are no legislative considerations relating to this report. |
|
Risk |
There is no risk associated with this report. |
Nil
Governance Committee Meeting
11 June 2024
Strategic Performance Committee Report
|
ITEM 05 |
Library Review Program |
|
Strategic Objective |
Visionary, Leading, Responsible Position Council as an industry leader that plans and delivers services for a growing city |
|
File Ref |
170546.2024 |
|
Report By |
Elysa Dennis - Information Services Coordinator |
|
Approved By |
Tina Bono - Director Community & Lifestyle |
Executive Summary
In September 2021 the NSW Office of Local Government published new guidelines for Integrated Planning and Reporting (IP&R), which included a new requirement to publish a program of Service Reviews.
This focus on Service Reviews within the IP&R Guidelines follows through to changes made to the NSW Local Government Act in 2016 which included a new statement that the role of the governing body is to keep under review the performance of the Council, including Service Delivery (s223(1)(g)).
In 2023 Liverpool City Council determined to review the Council’s library service in accordance with this IP&R framework to understand the current operations and determine if those operations would meet the changing needs of the community in the future.
Jan Richards consulting was engaged to carry out this review.
The review was focused on three areas:
* Benchmarking of Liverpool services against comparable services;
* Reviewing the current service delivery model across the Liverpool Library network; and
* Considering alternative service delivery models and their application in Liverpool.
That Governance Committee receives and notes the Liverpool City Library Review.
REPORT
Service Reviews provide the opportunity to undertake a whole of organisation, systemic look at the way in which services are delivered. They provide the opportunity to identify improvements in efficiency and effectiveness whilst ensuring that services are meeting the needs of the Community.
Establishing a review process builds the capacity of both staff and the Community to think critically and systematically about current and future service needs. It also leads to innovation in service provision and helps build a culture of continuous improvement within Council.
Local Governments are under increasing financial pressure, and there is often a widening gap between revenue and expenditure. At the same time, they are expected to be environmentally and socially responsible and provide a wide range of quality services. Service Delivery Reviews will support Council to clarify the needs of its community and use an evidence-based approach to assess how efficiently and effectively it is meeting those needs.
In undertaking this process, Council can determine whether changes need to be made to Service Delivery which will provide benefits to all stakeholders whilst being financially sustainable. Council’s vision is to conduct Service Delivery Reviews on an ongoing basis to ensure the services being offered are continuously aligned to the Community needs.
In doing this, this will enable a more detailed examination of the recommendations noted in the report providing Council with a better understanding of costings associated with each recommendation, funding strategies and a more granular insight into how to best implement these initiatives with a broader aim to deliver a service that is more responsive, relevant and customer focused for Liverpool.
FINANCIAL IMPLICATIONS
Costs associated with these recommendations will need to be considered through the delivery of business and feasibility studies. Reports back to Council will include funding strategies and a broader examination of the opportunities that will maximises the delivery of the library service that are more responsive, relevant and customer focused for Liverpool.
CONSIDERATIONS
Social |
Raise awareness in the Community about the available services and facilities. |
Civic Leadership |
Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
|
Legislative |
The legislative requirements are outlined in the body of the report under the title “what are the legislative requirements driving this” |
|
Risk |
The risk is deemed to be Low. |