Agenda of Ordinary Meeting - Wednesday, 24 July 2024

Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

National Anthem

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 26 June 2024....................................... 8

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Chief Executive Officer Reports

NIL

Planning & Compliance Reports

PLAN 01 Draft Compliance and Enforcement Policy 44 1

PLAN 02 Street Naming - Casula 73 2

PLAN 03 Warwick Farm Precinct - Issues and Options Paper 77 3

PLAN 04 Development Assessment Policy 88 4

PLAN 05 Street Naming - Horningsea Park 95 5

PLAN 06 Quarterly Report - Clause 4.6 Variations to Development Standards 100 6

PLAN 07 Proposed Heritage Listing for Lot 17 Leacocks Lane, Casula 103 7

PLAN 08 City of Liverpool Council Section 7.12 Aerotropolis Contribution Plan 2024 – Adoption (to be provided in the Addendum Book later in the week)

PLAN 09 Response to Council Resolution of 27 March 2024, Re: Changes to Contributions Collection (to be provided in the Addendum Book later in the week)

Community & Lifestyle Reports

COM 01 Grants Donations and Community Sponsorship Report 112 8

Corporate Support Reports

CORP 01 Investment Report June 2024 125 9

CORP 02 Ethical Conduct Policies 135 10

Customer Experience & Business Performance Reports

NIL

City Futures Reports

CFD 01 Public Art Program for Bigge Park, Liverpool 140 11

CFD 02 The Parks Governance Review 146 12

Operations Reports

OPER 01 Electric Vehicle (EV) Charging Stations on Public Land Policy 153 13

Committee Reports

CTTE 01 Minutes of the Community Safety & Crime Prevention Advisory Committee Meeting 6 June 2024 156 14

CTTE 02 Minutes of the Companion Animals Advisory Committee Meeting

held on 4 June 2024 162 15

CTTE 03 Minutes of the Intermodal Precinct Committee Meeting 03 June 2024 168 16

CTTE 04 Minutes of the Tourism and CBD Committee Meeting 18 June 2024 175 17

CTTE 05 Minutes of the Environment Advisory Committee Meeting held on 15 April 2024 180 18

CTTE 06 Minutes of the Liverpool Youth Council Meeting held on Tuesday 11 June 2024 188 19

CTTE 07 Minutes of the Governance Committee meeting held on 9 July 2024 198 20

Questions with Notice

QWN 01 Question with Notice - Clr Rhodes - Harry Hunt OAM Memorial Plaque 210 21

QWN 02 Question with Notice - Clr Rhodes - Animal Shelter Update 212 22

QWN 03 Question with Notice - Clr Macnaught - Council’s Civic Expenses and Facilities Policy 213 23

Presentations by Councillors

Notices of Motion

NIL

Council in Closed Session

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

CONF 01 Proposed Acquisition of Lot 4 in Plan of Acquisition DP 1289743, Part 2-10 Yarrunga Street, Prestons for road widening purposes

Reason: Item CONF 01 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CONF 02 Proposed Acquisition of Lot 9 in Plan of Acquisition DP 1289743, Pt 28 Bernera Road, Prestons for road widening purposes

Reason: Item CONF 02 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CONF 03 Proposed Acquisition and/or Dedication of Pt Lot 217 DP 2475, 53 Seventeenth Avenue, Austral for road purposes

Reason: Item CONF 03 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CONF 04 Compulsory Acquisition of a Drainage Easement from 40 Sixteenth Avenue, Austral for Basin 29 Austral

Reason: Item CONF 04 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CONF 05 Compulsory Acquisition of part of 240 Governor Macquarie Drive, Warwick Farm for road widening upgrade works

Reason: Item CONF 05 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CONF 06 Hammondville Park - Proposed Land Sale - Probity and Consultation Update

Reason: Item CONF 06 is confidential pursuant to the provisions of s10(A)(2)(d ii) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

CONF 07 Solus Library App provision for seven years

Reason: Item CONF 07 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 08 Exemption from Tender - Leander Business Consulting (Pathway UX Upgrade)

Reason: Item CONF 08 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CONF 09 Liverpool Local Planning Panel (LLPP) - Engagement of Additional Independant Experts and Alternate Members

Reason: Item CONF 09 is confidential pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).

CONF 10 Legal Affairs Report

Reason: Item CONF 10 is confidential pursuant to the provisions of s10(A)(2)(a) (c) (g) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors); AND information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

CONF 11 Appointment of the Audit, Risk and Improvement Committee Chair

Reason: Item CONF 11 is confidential pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).

CONF 12 RCL3320 - Supply contract for Austral Black Granite pavers and Bluestone kerb and gutter for various streetscape works in Liverpool's CBD

Reason: Item CONF 12 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 13 Request for Tender – Leisure Centre Management Services

Reason: Item CONF 13 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

(to be provided in the Addendum Book later in the week)

CONF 14 RCL 3233 – Professional Services Consultants

Reason: Item CONF 14 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

(to be provided in the Addendum Book later in the week)

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MINUTES OF THE Ordinary Meeting

HELD ON 26 June 2024

PRESENT:

Mayor Ned Mannoun

Councillor Ammoun

Councillor Goodman

Councillor Dr Green

Councillor Hadid OAM

Councillor Harle

Councillor Kaliyanda

Councillor Karnib (online)

Councillor Macnaught

Councillor Rhodes

Mr Jason Breton, Acting Chief Executive Officer

Mr Farooq Portelli, Director Corporate Support

Ms Tina Bono, Director Community & Lifestyle

Ms Lina Kakish, Director Planning & Compliance

Ms Michelle Mcilvenny, Director Customer Experience & Business Performance

Mr Shayne Mallard, Director City Futures

Mr Peter Scicluna, Acting Director Operations

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

Mr Luke Oste, Coordinator Strategic Planning

Mr Vishwa Nadan, Chief Financial Officer

Ms M’Leigh Brunetta, Manager Civic and Executive Services

Ms Melissa Wray, Councillor Executive and Support Officer

Ms Susan Ranieri, Coordinator Council and Executive Services

The meeting commenced at 2.05pm.

STATEMENT REGARDING WEBCASTING OF MEETING

The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice (other than the Public Forum Section), the meeting is being livestreamed and recording was not permitted.

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION

The prayer of the Council was read by Pastor Steve Riethmuller from Cartwright Gospel Chapel.

NATIONAL ANTHEM

The National Anthem was played at the meeting.

COUNCILLORS ATTENDING REMOTELY

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

Motion: Moved: Mayor Mannoun Seconded: Clr Kaliyanda

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

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

APOLOGIES

NIL.

CONDOLENCES

NIL.

Confirmation of Minutes

Motion: Moved: Clr Macnaught Seconded: Clr Hadid

That the minutes of the Ordinary Meeting held on 29 May 2024 be confirmed as a true record of that meeting.

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

Declarations of Interest

Clr Kaliyanda declared a non-pecuniary but significant interest in the following item:

Item: CFD 01 - Mayoral Minute: Liverpool Innovation Precinct

Reason: The motion specifically refers to lobbying the State Government, which would include Clr Kaliyanda in her capacity as the local MP.

Mayor Mannoun declared a pecuniary interest in the following item:

Item: PLAN 04 - Planning Proposal - 60 Gurner Avenue, Austral

Reason: Mayor Mannoun worked as a commercial real estate agent prior to becoming a Mayor and acted as an agent concerning this lot and other surrounding lots in Austral.

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

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

Item: CFD 02 – Adoption of the Draft Delivery Program 2022-2026 and Operational Plan and Budget 2024-2025, Statement of Revenue Pricing Policy (Fees and Charges) and Long-Term Financial Plan 2025-2034

Reason: Clr Kaliyanda has recently been appointed Parliamentary Secretary for Emergency Services which covers SES in her role as a Member for Parliament. The item considers and potentially impacts the State Emergency Services (SES) which is part of her portfolio as Parliamentary Secretary.

Clr Kaliyanda left the Chambers when she declared her interest.

Public Forum

Presentation – items not on agenda

1. Mr Michael Russell will address Council on the following item:

Casula Station Access / CPAC Solar Lighting.

An extension of time was granted to Mr Russell.

Representation – items on agenda

1. Mr Brendan Gregory addressed Council on the following item:

Item: CFD 02 - Adoption of the Draft Delivery Program 2022-2026 and Operational Plan and Budget 2024-2025, Statement of Revenue Pricing Policy (Fees and Charges) and Long-Term Financial Plan 2025-2024.

Mayor Mannoun left the meeting at 2.26pm and Clr Macnaught, as the Deputy Mayor became the Chairperson.

2. Mr Peter Ristevski would like to address Council on the following item:

An extension of time was granted to Mr Ristevski.

Mayor Mannoun returned to the Chambers at 2:31pm.

3. Ms Maria Kneipp addressed Council on the following item:

MAYORAL MINUTES

MAYOR 01 - 2024 King’s Birthday Honours. This item was dealt with later in the meeting before the confidential items.

MOTION OF URGENCY

Clr Rhodes requested the Chair consider an urgency motion with regards to item NOMR 01 - Notice of Motion of Rescission for MAYOR 01 - Staffing Matter from the 29 May 2024 Council meeting.

Clr Rhodes stated urgency on the matter as;

- It is on today’s Agenda;

- Compliance of the Code of Meeting Practice 2022 section 3 (3.11), 3 (3.12) and 3 (3.20) due to legal, strategic, policy and financial implications relating to both the NOMR 01 and MAYOR 01;

- Compliance of the Guidelines for the Appointment and Oversight of General Managers Pages 15 -17;

- Possible escalation to the Supreme Court;

- The opportunity for Council to consider the independent investigation findings; and

- Legal and due diligence.

Clr Rhodes requested to move the below motion:

That Council:

1. Withdraw item NOMR 01 from 26 June 2024 Council meeting to enable the Acting CEO time to consider the legality of item MAYOR 01 from 29 May 2024 Council meeting as a motion;

2. Directs the Acting CEO to confirm Council’s obligations under Liverpool Council Code of Meeting Practice 2022 section 3 (3.11), 3 (3.12) and 3 (3.20);

3. Consider the recently supplied findings from the independent investigation into the same matter;

4. Consider the findings from the OLG investigation when they are made available;

5. Consider Council’s obligations in accordance with the Guidelines for the Appointment and Oversight of General Managers Pages 15 -17; and

Direct the A/CEO to provide a report back to the July Council meeting that confirms Council has met all of its legal obligations that substantiates Mayor 1 as a legal motion that enables Council to be fully informed in order to consider the rescission motion (NOMR 01).

In accordance with Clause 9.3 of Council’s Code of Meeting Practice, Mayor Mannoun ruled the above matter as not urgent and stated that it should be dealt with as part of the Notice of Motion of Rescission (NOMR 01) as an alternate motion.

Due to the Mayor’s ruling the motion above was not voted on.

recess

Mayor Mannoun called a recess of meeting at 2.51pm.

RESUMPTION OF MEETING

The Mayor resumed the meeting in open Council at 3.03pm with all Councillors present.

CLOSED SESSION

Motion: Moved: Clr Macnaught Seconded: Clr Goodman

That Council move into Closed Session to deal with NOMR 01 – Notice of Motion of Rescission for MAYOR 01 – Staffing Matter from the 29 May 2024 Council meeting pursuant to the provisions of s10A(2)(a) because it contains personal matters concerning particular individuals (other than councillors);

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

RECESS

Mayor Mannoun called a recess of meeting at 3.18pm to allow staff and the gallery to leave the Chambers.

CLOSED SESSION

The meeting resumed in Closed Session at 3.23pm.

Notices of Motion Of Rescission

ITEM NO: NOMR 01

FILE NO: 182916.2024

SUBJECT: Notice of Motion of Rescission for MAYOR 01 - Staffing Matter from the 29 May 2024 Council meeting

NOTICE OF MOTION OF RESCISSION

(submitted by Clrs Green, Kaliyanda, Harle and Rhodes)

We the undersigned move a rescission motion to rescind the resolution relating to item MAYOR 01 – Staffing Matter that was passed at the Ordinary Council meeting held on Wednesday 29 May 2024 (as shown below).

That Council:

1. Pursuant to clause 10.4 of the Employment Contract, the Council terminate the employment of John Ajaka as Chief Executive Officer of the Council without notice and with immediate effect.

2. That Council writes to John Ajaka informing him of the Council’s decision and issues him with the attached letter without delay.

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

That Council:

1. Uphold the principles of due process and procedural fairness in relation to the independent investigation of matters raised on April 24 Council meeting via Confidential Mayoral Minute 01.

2. Take no further action until the final report is received and tabled to Council.

Signed:

Clr Dr Betty Green

Clr Charishma Kaliyanda

Clr Peter Harle

Clr Karress Rhodes

*Please note: Mayoral Minute – Staffing Matter, resolution item 3 was not detailed in the ‘Motion to Rescind Resolution’ however is detailed below for reference only.

3. Mr Jason Breton continue as acting Chief Executive Officer in higher duties for up to 12 months.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Kaliyanda

That Council rescind item MAYOR 01 – Staffing Matter that was passed at the Ordinary Council Meeting held on Wednesday 29 May 2024.

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

Division:

Vote for: Clr Green, Clr Harle, Clr Kaliyanda, Clr Karnib and Clr Rhodes

Vote against: Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Hadid and Clr Macnaught

The motion was lost on the Mayor’s casting vote.

Note: Clr Karnib was observed to have a person within his room while online and was requested that this was noted in the minutes.

Mayor Mannoun called a recess of meeting at 4.13pm.

OPEN SESSION

Council moved back into Open Session at 4.23pm with all Councillors present.

Mayor Mannoun advised that the Rescission Motion, which was dealt with in Closed Session was LOST and the resolution for item MAYOR 01 – Staffing Matter from 29 May 2024 Council meeting stands.

BRING ITEM FORWARD

Motion: Moved: Mayor Mannoun Seconded: Clr Macnaught

That CFD 02 - Adoption of the Draft Delivery Program 2022-2026 and Operational Plan and Budget 2024-2025, Statement of Revenue Pricing Policy (Fees and Charges) and Long-Term Financial Plan 2025-2034 be brought forward and dealt with now.

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

ITEM NO: CFD 02 – addendum book 4

FILE NO: 183684.2024

SUBJECT: Adoption of the Draft Delivery Program 2022-2026 and Operational Plan and Budget 2024-2025, Statement of Revenue Pricing Policy (Fees and Charges) and Long-Term Financial Plan 2025-2034

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Macnaught

That Council:

1. Notes submissions received during the public exhibition period;

2. Approve internal submissions including the redistribution of funding for the Building Capital Works Program as tabled in Attachment No.4 and additional funding to deliver three (3) Council initiatives as tabled in the report;

3. Authorise the amendment to the draft Statement of Revenue and Pricing Policy (Fees and Charges) as tabled for the fees chargeable under the Section 10.7 Planning Certificates and Private Certifier Registration of Certificates fees, for CPI as legislated in the Environment & Planning Regulation 2021;

4. Adopt the Delivery Program 2022-2026 and Operational Plan 2024-2025 including Statement of Revenue Pricing Policy (Fees and Charges) and Long-Term Financial Plan 2025-2034 incorporating the amendments outlined in this report;

5. Allocate a sum of $620,000 for the suburb of Austral to deliver safety measures including temporary roundabouts, signage to the following intersections, but not limited to:

(a) Fourth & Fifth Ave

(b) Fourth & Sixth Ave

(d) Edmondson & Tenth Ave

(e) Edmondson & Eleventh Ave

(f) Fifteenth & Craik Ave

(g) Fifteenth & Twenty Eighth Ave

(h) Fifteenth & Twenty Second Ave

6. Design and deliver traffic calming devices and relevant signage at, but not limited to, the following intersections leading into Fourth Avenue:

(a) Haybale St

(b) Seventh Ave (Western Side)

(d) Eighth Ave

(e) Ninth Ave

(f) Tenth Ave

(g) Twelfth Ave

(h) Thirteenth Ave

(i) Fourteenth Ave

7. Design and deliver traffic calming devices and relevant signage at, but not limited to, the following intersections leading into Edmondson Avenue

(a) Fifth Ave

(b) Sixth Ave

(d) Eighth Ave

(e) Ninth Ave

(f) Twelfth Ave

(g) Thirteenth Ave

(h) Fourteenth Ave

Seek the endorsement of the Liverpool Local Traffic Committee;

Give special consideration of temporary traffic lights on Fifteenth Avenue and Craik Avenue;

10. Allocate a sum of $250,000 for the tourism ecosystem including, but not limited to, web, electronic direct mail (EDM), social, print including Sari Street;

11. Allocate a sum of $100,000 for public art in Bigge Park;

12. Allocate a sum of $250,000 for a pump track at Lieutenant Cantello Reserve;

13. Allocate a sum of $1,000,000 for women’s change rooms and general change rooms improvements for our sporting facilities to be divided over twenty different facilities;

14. Allocate a sum of $50,000 for South Park Charlton Avenue for funding of a pavilion and awning upgrade; and

15. Increase civic program budget by $100,000 to deliver the following events; Gift of Time, Civic reception, ‘Building the new Liverpool’ and for park openings/capital works.

During discussion of this item Clr Kaliyanda declared a non-pecuniary but significant interest.

Clr Kaliyanda stated that she has a declaration of interest as one of the properties mentioned in the budget houses the SES. Clr Kaliyanda has recently been appointed Parliamentary Secretary for Emergency Services which covers SES in her role as a Member for Parliament. Councillor Kaliyanda stated that she will withdraw from further discussion and voting on this item as it will impact the SES and conflicts with her role as Parliamentary Secretary.

Clr Kaliyanda left the Chambers at 4.49pm.

Clr Hadid left the Chambers at 5:02pm.

Clr Hadid returned to the Chambers at 5:06pm.

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

Vote for: Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Hadid, Clr Macnaught and Clr Rhodes.

Vote against: Clr Harle and Clr Karnib and Clr Green

Note: Clr Kaliyanda was not in the Chambers when this item was voted on.

Ordinary Meeting

24 July 2024

Planning & Compliance Report

PLAN 01

Draft Compliance and Enforcement Policy

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	189312.2024
Report By	Noelle Warwar - Manager Community Standards
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

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

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

The key changes to the Policy include:

· The title has been changed to include both compliance and enforcement;

· It has been updated to reflect the principles of the NSW Ombudsman‘s Guidelines and Model Policy for Councils;

· The Policy provides greater clarity on the appropriate exercise of discretion by Council; and

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

The Policy was placed on public exhibition from 9 May 2024 to 12 June 2024. Council received one submission providing detailed feedback and recommendations on the wording of the Policy. A response to the submission is provided in Attachment 2.

RECOMMENDATION

That Council:

1. Note the Post Exhibition Report; and

2. Endorse the draft ‘Compliance & Enforcement Policy’ (Attachment 1).

REPORT

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

This may also include activities that are prohibited or unauthorised or contrary to the terms of a consent or approval. A failure to properly deal with allegations and compliance can have adverse outcomes for the community and expose Council to liability and subsequent The Policy was placed on public exhibition from 9 May 2024 to 12 June 2024. Council received one submission containing recommendations around wording throughout the policy.

litigation expenses.

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

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

Currently, with the exception of the most serious public safety matters, requests are generally dealt with in the order they are received and utilising the same investigative process (site visit etc).

The Policy is intended to give priority to the high-risk complaints where a full investigation will be conducted. Lower risk complaints may be dealt with via the use of discretion (i.e. no action) or alternatively via “letters of cooperation”. Letters of cooperation will provide information on how the customer may be able to resolve the issue via other means. This may include speaking with their neighbour, seeking the support of the Community Justice Centre (mediation), other requests that may be better dealt with via for example a strata corporation or other agency (such as NSW Police or the NSW Housing).

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

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

The Policy was placed on public exhibition from 9 May 2024 to 12 June 2024.

Council received one submission containing recommendations around inclusion of the word ‘discretion’ used throughout the Policy. Concerns raised have been addressed in the Post Exhibition Report attached.

review by governance & Legal

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

FINANCIAL IMPLICATIONS

There are no financial implications relating to this recommendation.

CONSIDERATIONS

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

ATTACHMENTS

1. Draft Compliance and Enforcement Policy Post Exhibition

2. Post Exhibition Report

Ordinary Meeting

24 July 2024

Planning & Compliance Report

PLAN 02

Street Naming - Casula

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	193916.2024
Report By	Nadia Rad - Assistant Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

This Report seeks Council endorsement to bank a list of future street names to be used to inform development of new subdivisions proposed for Casula.

The street naming theme for Casula is flora and fauna and the proposed names reflect this theme – namely Cactus, Calendula, Guava, Peony, Periwinkle, Saffron and Snapdragon.

The proposed street names have been assessed using both Council’s Naming Convention Policy and the NSW Government’s NSW Address Policy and have been granted pre-approval by the NSW Geographical Names Board (GNB).

Following endorsement, the proposed street names will be publicly exhibited for a period of 28 days, before seeking formal approval from the GNB.

RECOMMENDATION

That Council:

1. Endorses the list of future street names – namely Cactus, Calendula, Guava, Peony, Periwinkle, Saffron and Snapdragon – to be used to inform development of new subdivisions proposed for Casula;

2. Publicly exhibits the names in accordance with Council’s Naming Convention Policy for a period of 28 days;

3. Following public exhibition, forwards the proposed street names to the NSW Geographical Names Board seeking formal approval; and

4. Authorises the Chief Executive Officer to undertake the process of gazettal, if there are no objections received during public exhibition.

REPORT

Despite Casula being a predominantly established area, the suburb still comprises larger lots with potential for future subdivision. Future subdivisions will require new streets, and thus new street names to be assigned.

In order for the streets to be named in an efficient manner, Council staff have compiled a list of names that comply with the NSW Government’s NSW Address Policy, as well as the flora and fauna street naming theme that applies to Casula. A list of these future street names presented below.

Cactus

A cactus plant is known for its ability to thrive in arid environments due to its water-storing capabilities. In Australia, cacti were introduced to establish a cochineal industry. Cochineal insects, which feed on specific cacti, produce a scarlet dye historically used to dye British soldiers' red coats.

Calendula

A calendula, commonly known as marigold, is a flowering plant well-known for its bright yellow to orange blossoms. Native to southern Europe, calendula is widely cultivated for its ornamental beauty and medicinal properties and is also used in culinary applications.

Guava

A guava is an oval shaped tropical fruit, native to Central America. The fruit has light green or yellow skin and is known for its sweet and tangy flavor. Additionally, guava leaves are used in traditional medicine for their anti-inflammatory and antimicrobial properties.

Peony

A peony is a perennial flowering plant known for its large, fragrant, and often double-blooming flowers in shades of pink, red, white, and yellow. Native to Asia, Europe, and North America, peonies are highly valued in horticulture for their beauty and long-lasting blooms.

Periwinkle

Periwinkle is an evergreen perennial flowering plant native to Europe, Northwest Africa, and Southwest Asia. They are renowned for their attractive, star-shaped flowers in hues of blue, purple, pink, and white, and glossy green foliage. They are commonly used as ground cover in gardens due to their hardy nature and ability to thrive in a variety of conditions, including shaded areas.

Saffron

Saffron, native to Southwest Asia, is a spice derived from the Crocus sativus flower and is known specifically for its vibrant red stigmas, unique flavor, rich golden-yellow hue, and medicinal properties. Saffron is widely used in culinary applications and has been used in traditional medicine for its potential health benefits.

Snapdragon

Snapdragon is a genus of flowering plants, native to Europe, the US, and North Africa. Known for their vibrant, dragon-shaped blooms in colors like red, pink, yellow, and white, they are popular in gardens and floral arrangements. Snapdragons attract pollinators and are prized for their unique appearance and easy cultivation.

Next Steps

If supported by Council the proposed street names will be placed on public exhibition for 28 days. Following public exhibition, if no objections are received, the proposed street names will be forwarded to the GNB for formal approval and gazettal to the NSW Parliamentary Counsel’s Office (PCO) under the delegation of the Chief Executive Officer (or delegate).

If during the public exhibition Council does receive objections to the proposed street names, or reason to reconsider the proposed names, from either community representatives or relevant Government Agencies, Council staff will consider the scale of the objections to determine whether to proceed. If it is determined not to proceed with the proposed street names, a Report will be prepared for the next available Ordinary Meeting of Council to seek Council endorsement to formally withdraw the naming request.

Should Council proceed with the proposed street names, relevant stakeholders such as Australia Post, NSW Police, NSW Ambulance, Fire and Rescue NSW, NSW Rural Fire Service, NSW State Emergency Service, NSW Volunteer Rescue Association, and Transport for NSW will be notified.

Once a subdivision is near completion and requires a new Street name, Council staff will work with the proponent to allocate a street name from the endorsed list.

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	Roads Act 1993. Roads Regulation 1998. Pursuant to section 162 of the Roads Act, Council may name and number all public roads for which it is the roads authority. Council may only name a road if it has given the NSW Geographical Names Board at least one month’s notice of the proposed name. Regulation 7 (Roads Act) prescribes a procedure for naming roads, requiring prior publication of a proposal, notification of relevant parties and consideration of submissions. If a relevant party objects, Council may not proceed with the proposal without ministerial approval.
Risk	There is no risk associated with this Report.

ATTACHMENTS

Nil

Ordinary Meeting

24 July 2024

Planning & Compliance Report

PLAN 03

Warwick Farm Precinct - Issues and Options Paper

Strategic Objective	Evolving, Prosperous, Innovative Implement planning controls and best practice urban design to create high-quality, inclusive urban environments
File Ref	185306.2024
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 deferred the matter until:

· ‘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 worked with Molino Stewart to prepare the Georges River Regional Flood Evacuation Study that was finalised in March 2022 (Attachment 2). Additionally, the NSW Government published the NSW Flood Inquiry following various significant flood events across NSW. The NSW Flood Inquiry findings included recommendations that affected the Georges River Catchment (which includes the Warwick Farm Precinct), which was identified as one of four priority high-risk catchments.

On 9 April 2024, an Issues and Options Paper for the Warwick Farm Precinct was presented to Council for consideration at the April Governance Committee Meeting. A copy of the Paper is provided in Attachment 3. The Paper presented the following three (3) options as potential circuit breakers to revitalise the Precinct:

· 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 the existing zoning and development standards.

In addition, at the April Governance Committee there was significant discussions about flooding and the associated risk to life and property in the area. Consequently, this Report outlines additional information relating to flooding, and aims to establish clear next steps for the Precinct.

The Report also recommends Council proceed with Option 2 for the Precinct as it would provide the best balance between managing existing land uses and environmental constraints, as well as provides opportunity for renewal in a way that complements the nearby Liverpool City Centre. An Industrial / Innovation Precinct would also enable the existing horse training and stabling establishments to remain within the Precinct.

Should the recommendation to proceed with Option 2 be endorsed by Council, Council staff will commence work to further investigate how best to deliver an Industrial / Innovation Precinct for Warwick Farm. The investigation findings would then be subsequently reported to a future Ordinary Meeting of Council for Council consideration before proceeding further.

RECOMMENDATION

That Council:

1. Receives and notes this Report;

2. Endorses further investigation into how best to deliver an Industrial / Innovation Precinct for Warwick Farm (Option 2); and

3. Receives a Report at a future Ordinary Meeting of Council detailing how to deliver an Industrial / Innovation Precinct for Warwick Farm (Option 2) including associated budgetary needs and indicative timeframes.

REPORT

Background

At the Ordinary Meeting of Council on 11 December 2019, Council (Item EGROW 02) resolved to:

“…allocate funding from the general funds and to prepare a structure plan for the Warwick Farm Racing precinct and a planning proposal to support a rezoning of the Warwick Farm Precinct from Scrivener Street to Hume Highway to Governor Macquarie Drive relevant to B4 with mixed business noting that zoning is consistent with the State Governments planning advice to maximise densities close to rail stations…”

Following the Resolution, Council appointed a multi-disciplinary team led by Conybeare Morrison to prepare the supporting investigations to inform a Precinct Plan, including a Draft Contributions Framework for the provision of new infrastructure to support the Precinct.

The study area for the Precinct Plan, presented in Figure 1, comprises a total site area of approximately 25.5 hectares (including roads) and is bounded by the Hume Highway and Governor Macquarie Drive to the north, Shore Street and Rosedale Oval to the east, Priddle Street to the south, and the Cumberland Line rail corridor to the west.

The study area is located approximately 1-1.5km north-east of the Liverpool CBD, and is predominately residential in nature, interspersed with horse training and stabling establishments.

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Figure 1 – Project Study Area (Source: CM+)

In July 2020, the draft Precinct Plan, Planning Proposal and associated studies were presented to the Liverpool Local Planning Panel (LPP) for consideration. The LPP did not support the Planning Proposal proceeding to a Gateway determination and requested:

· further 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 additional dwellings for the Liverpool Collaboration Area.

At the Ordinary Meeting of Council on 26 August 2020, Council noted the advice of the LPP and resolved to place the draft Precinct Plan, Planning Proposal and Local Contributions Plan on public exhibition for a period of 28 days (Item EGROW 01).

The draft Precinct Plan, Planning Proposal and Local Contributions Plan were publicly exhibited between 14 September 2020 and 12 October 2020, with the outcomes of the exhibition subsequently referred to Council for consideration at the Ordinary Meeting of Council on 28 April 2021 (Item EGROW 04).

At the Meeting, Council resolved for several changes to be made to the Precinct Plan, Planning Proposal and Contributions Plan including the inclusion of 240 Governor Macquarie Drive in the Precinct Plan, additional flooding considerations, and an Economic Review of the resultant Gross Floor Areas (GFAs) achieved across the site to determine feasibility.

The updated planning package for Warwick Farm was tabled at the Ordinary Meeting of Council on 29 September 2021 (Item PLAN 06) for Council consideration. At the Meeting, Council resolved to place the updated planning package on public exhibition for 28 days.

The updated planning package was subsequently placed on public exhibition between 8 October 2020 and 7 November 2021, with the outcomes of exhibition tabled for Council consideration at the Ordinary Meeting of Council on 24 November 2021 (Item PLAN 05). At the Meeting, Council resolved to:

“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 Flood Inquiry

In March 2022, the NSW Government commissioned an independent expert inquiry into the preparation for, causes of, response to and recovery from the 2022 catastrophic flood event across the state of NSW.

Completed in July 2022, the Inquiry made several recommendations that relate to the Georges River catchment, which was considered a high-risk catchment along with the Hawkesbury-Nepean, Wilsons, and Tweed River catchments. This has added an additional layer of complexity to the Precinct.

Following the release of the Inquiry findings, 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.

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. 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.

Governance Committee Meeting – 9 April 2024

An Issues and Options Paper for the Warwick Farm Precinct was presented to Council for consideration at the April Governance Committee Meeting on 9 April 2024. A copy of the Paper is provided in Attachment 3. The Paper presented the following three (3) options as potential circuit breakers to revitalise the Precinct:

· 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 the existing zoning and development standards.

At the Meeting, there was discussion around flood risk in the Precinct, and specifically the evacuation of residents during a flood event.

Following the preparation of a Flooding Assessment, WMA Water identified that shelter-in-place was not appropriate for the Precinct. Therefore, evacuation access must be available from every building in flood events larger than 1% Annual Exceedance Probability (AEP) (1-in-100 flood event). To achieve this, significant infrastructure investment is required, including the raising of all Precinct roads, to enable evacuation out of the Precinct during a flood event.

Flooding issue are detailed further in Attachment 3, however additional information has been provided in relation to the matters below, which is itemised by discussion point:

Recent floods in the Precinct

Eight participating Council’s share the catchment of the Georges River including Liverpool, Bankstown, Fairfield, Campbelltown and Sutherland. These Councils collectively developed the Georges River Floodplain Risk Management Study and Plan in 2004.

In terms of recent flood events, flooding in 1986 and 1988 are the largest floods to have occurred over the last 40 years and are both estimated to be 1-in-20 year flood events. The flood in 1956 was about one metre higher than the 1986 and 1988 floods throughout much of the river but was still estimated to be less than the 1-in-100 year flood event.

As per the adopted flood mapping, the Warwick Farm Precinct would be inundated by a 1-in-100 year flood event, an event that has not been experienced since the establishment of the suburb.

Georges River, downstream of Liverpool Weir, is tidal

The Georges River catchment, downstream of the Liverpool Weir (east), is tidal in nature. The tidal impact has been both considered and accounted for in flood modelling undertaken for the catchment.

Whilst tidal effects alone do not flood the subject area, it does exacerbate flooding in large events.

Existing building stock being built above the Flood Planning Level

At the April 2024 Governance Committee Meeting, there was discussion about the number of existing properties built above the Flood Planning Level.

Currently the DCP requires all habitable flood levels to be equal to, or greater than, the 1% Annual Exceedance Probability (AEP) flood level plus 500mm freeboard (“Flood Planning Level”). The Warwick Farm Precinct Plan echoes this requirement, and all floor levels are to be between RL 8.80m AHD to RL 9.10m AHD, depending on the location. Essentially, this means all buildings should be built approximately 1m above existing ground levels.

On 4 June 2024, Council staff carried out a ground-truthing exercise to ascertain the number of properties within the Precinct built approximately 1m above existing ground levels. Although the exercise was carried out from the road corridor – given the inability for staff to access private property – the investigation established the Precinct currently comprises approximately 60 lots (some properties span over multiple lots). Of those 60 lots, only seven (7) were observed to be constructed above the Flood Planning Level.

Figure 2 provides a summary of the properties observed to be constructed above the Flood Planning Level, while Figure 3 highlights a property within the Precinct built in accordance with the controls.

The existing Warwick Farm Precinct Plan, which was publicly exhibited in October-November 2021, proposed for the subject area to be re-developed. The Plan proposed significant up-lift across the Precinct, which if delivered in full would likely result in most of the existing building stock being knocked-down, replaced and constructed above the Flood Planning Level.

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Figure 2 – Precinct properties that appear to be built above the Flood Planning Level

Figure 3 – Example of development within the Precinct that appears to be built above Flood Planning Level

Options for Warwick Farm Precinct

The update planning package for the Warwick Farm Precinct tabled for Council consideration at the Ordinary Meeting of Council on 24 November 2021 (Item PLAN 05) has been on hold since this time. Various issues, including flooding, traffic, development feasibility and land fragmentation, has made it difficult to progress further with the original Precinct Plan.

The outcomes of the NSW Flood Inquiry, released by the NSW Government in July 2022, has only added to the complexity of urban renewal projects on established flood plains.

On 5 June 2023, Council wrote to the Hon. Paul Scully, Minister of Planning and Public Spaces, which sought further clarity around how Council should proceed with the assessment of Planning Proposals like the Warwick Farm Precinct Plan and land uses policies within the Georges River Catchment.

On 22 September 2023, Council received a response from the DPHI, on behalf of the Hon. Paul Scully, which reiterated the need for a risk-based approach to managing floods, stating the level of assessment undertaken for Planning Proposals and Development Applications must include a balanced consideration of all the risks and impacts. Therefore, proceeding with the current approach no longer appears viable and is unlikely to demonstrate both strategic and site-specific merit.

To provide a potential circuit breaker to the current approach, Council staff tabled the following three (3) options for consideration at the April 2024 Governance Committee Meeting:

· 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 the existing zoning and development standards (i.e. ‘Do Nothing’).

Detailed analysis of each option is provided in Attachment 3, with a summary provided in Table 1.

Option No.	Proposal	Comments	Recommendation
1	Proceed with existing Precinct Plan	The study area is significantly constrained, and the subject Precinct Plan aimed to mitigate these constraints. However, this resulted in high costs to develop due to property acquisition and the required infrastructure to mitigate the risks of flooding and evacuation. Given the constraints outlined in Attachment 3, and the density sought by the proposed Precinct Plan is considered unrealistic that it would ever be achieved in full.	Not recommended
2	Investigate potential pivot to an Industrial / Innovation Precinct	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. By rezoning the majority of this area to non-residential use, the odour buffer would no longer be a significant constraint, thereby providing additional flexibility for Precinct renewal.	Recommended
3	‘Do Nothing’	The current land uses within the precinct 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.	Not recommended

Table 1 – Summary of potential land use options for Warwick Farm Precinct

Due to the significant existing constraints within the Precinct and associated issues with proceeding with Option 1, Council staff are recommending investigating Option 2. This would provide the best balance between managing existing land uses and environmental constraints, as well as provides opportunity for renewal in a way that complements the nearby Liverpool City Centre. An Industrial / Innovation Precinct would also enable the existing horse training and stabling establishments to remain within the Precinct.

Option 3 is not considered viable as it does not adequately address the existing flood risk experienced across the Precinct.

Next Steps

Preliminary master planning would be undertaken to determine future uses, development yield, and the key constraints that need to be addressed. The investigation findings would then be subsequently reported to a future Ordinary Meeting of Council for Council consideration, including associated budgetary needs and indicative timeframes, before proceeding further.

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, Transport Impact 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 (Under separate cover)

2. Attachment 2 - Georges River Flood Evacuation Modelling Report (Under separate cover)

3. Attachment 3 - Warwick Farm Issue and Option Report - Governance Committee Meeting - 9 April 2024 (Under separate cover)

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

Ordinary Meeting

24 July 2024

Planning & Compliance Report

PLAN 04

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	209936.2024
Report By	Laura Mehew - Project Officer Planning
Approved By	William Attard - Manager Development Assessment

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.

RECOMMENDATION

That Council:

1. Endorse the draft ‘Development Assessment Policy’ for public exhibition for a period of not less than 28 days.

2. Delegate to Council’s A/Chief Executive Officer or delegate to finalise the Draft Development Assessment Policy if no submissions are received during public exhibition, and allow administrative amendments to be made.

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

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 2024.

Additionally, the amended Draft Development Assessment Policy was tabled at the Governance Committee Meeting 11^th June, and is now tabled at Council, following discussions with Council's Governance Team and following receipt of the updated Environmental Planning and Assessment (Statement of Expectations) Order 2024, dated 1 July 2024.

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.

Whilst this timeframe target is no longer a Premier's Priority, the Minister for Planning & Public spaces has issued an updated Environmental Planning and Assessment (Statement of Expectations) Order 2024 dated 1 July 2024, under the EP&A Act.

Relevant Development Assessment KPIs for Council are adopted within the draft DA Policy, as per the new order-

Updated Statement of Ministerial Expectations

· The Ministerial Statement of Expectations establishes the expectations of the Minister for Planning and Public Spaces in terms of planning assessment performance. The updated Statement includes the expectation for Councils to:

o Lodge DAs as soon as practical and within an average of:

§ 14 days from submission, from 1 July 2024 to 30 June 2025.

§ 7 days from submission, from 1 July 2025 onwards.

o Determine DAs as soon as practical and whichever is the lesser of Council’s previous financial year average, or an average of:

§ 115 days from lodgement, from 1 July 2024 to 30 June 2025.

§ 105 days from lodgement, from 1 July 2025 to 30 June 2026.

§ 95 days from lodgement, from 1 July 2026 to 30 June 2027.

§ 85 days from lodgement, from 1 July 2027 onwards.

o Assess Regionally Significant DAs and refer them to the relevant planning panel for determination as soon as practical and within an average of 250 days from lodgement.

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 - July Clean (Under separate cover)

2. Draft - Development Assessment Policy 2024 - July Tracked Changes (Under separate cover)

3. Development Assessment Best Practice Guide 2017 (Under separate cover)

Ordinary Meeting

24 July 2024

Planning & Compliance Report

PLAN 05

Street Naming - Horningsea Park

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	210370.2024
Report By	Danielle Hijazi - Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

This Report seeks Council endorsement to proceed with a street naming request to name two (2) new streets created as a result of an approved subdivision located at 1895 Camden Valley Way, Horningsea Park.

The proposed street names, Solomon and Landa Crescents, commemorate two historical figures who were impactful in the preservation of the Horningsea Park Estate.

Vaiben Solomon purchased the Estate around 1855 and lived in Horningsea Park House with his family until 1872. Meanwhile, the Hon. Paul Landa, as NSW Minister for Planning and Environment in the late 1970s and early 1980s, was instrumental in the heritage conservation of Horningsea Park House

The proposed street names have been assessed using both Council’s Naming Convention Policy and the NSW Government’s NSW Address Policy, and have been granted pre-approval by the NSW Geographical Names Board (GNB). Following endorsement, the proposed street names will be publicly exhibited for a period of 28 days, before seeking formal approval from the GNB.

RECOMMENDATION

That Council:

1. Endorses the proposed street names “Landa Crescent” and “Solomon Crescent”, Horningsea Park;

2. Publicly exhibits the proposed streets names in accordance with Council’s Naming Convention Policy for a period of 28 days;

3. Following public exhibition, forwards the proposed street names to the NSW Geographical Names Board seeking formal approval; and

4. Authorises the Chief Executive Officer to undertake the process of gazettal, if there are no objections received during public exhibition.

REPORT

In April 2024, Council received a street naming request from the Proponent finalising a subdivision development (see Figure 1 and 2) at 1895 Camden Valley Way, Horningsea Park. The subdivision has created two new streets in Horningsea Park that must be named prior to the issue of a subdivision certificate.

Of the multiple names submitted by the Proponent, only two names – “Landa” and “Solomon” – were consistent with the principles for road naming in the NSW Government’s NSW Address Policy.

Uniqueness is the most essential quality to be sought in proposing a new road name. A road name will be regarded as a duplicate if it is the same or similar in spelling or sound to an existing name, regardless of the road type.

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Figure 1 – Aerial image of new subdivision at 1895 Camden Valley Way, Horningsea Park

Proposed Street Names

Landa Crescent

The Hon. Paul Landa was an influential figure connected to the preservation of Horningsea Park House. As the NSW Minister for Planning and Environment in the late 1970s and early 1980s, Paul played a crucial role in the conservation of heritage sites across the state, including the Horningsea Park House.

Horningsea Park House, a heritage-listed property, faced significant threats of demolition in the 1970s due to neglect and development pressures. The house, originally built by Joshua John Moore and later owned by the Solomon family, had fallen into disrepair. Vandals had stripped many of its internal fittings, and demolition had already begun when a preservation order was placed over the property in 1983.

Paul Landa's intervention was pivotal in saving Horningsea Park House from complete destruction. His efforts, along with those of Liverpool City Council, led to the property's stabilisation, extensive reconstruction, and recognition as a heritage item. The house underwent significant restoration and was listed on the New South Wales State Heritage Register in 1999.

Today, Horningsea Park House stands as a testament to early colonial architecture and history, largely preserved due to the efforts of Paul Landa.

Solomon Crescent

Vaiben Solomon, a significant figure in the history of Horningsea Park, purchased the grand house built by Joshua John Moore in the 1830s (Horningsea Park House) around 1855. Solomon, along with his family, lived and managed the Estate until 1872. The original house still stands today on Horningsea Park Drive and is listed on the New South Wales State Heritage Register.

Next Steps

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Figure 2 – Proposed locations of Landa and Solomon Crescents within the new subdivision at 1895 Camden Valley Way, Horningsea Park

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	Roads Act 1993. Roads Regulation 1998. Pursuant to Section 162 of the Roads Act, Council may name and number all public roads for which it is the roads authority. Council may only name a road if it has given the NSW Geographical Names Board at least one month’s notice of the proposed name. Regulation 7 (Roads Act) prescribes a procedure for naming roads, requiring prior publication of a proposal, notification of relevant parties and consideration of submissions. If a relevant party objects, Council may not proceed with the proposal without ministerial approval.
Risk	There is no risk associated with this Report.

ATTACHMENTS

Nil

Ordinary Meeting

24 July 2024

Planning & Compliance Report

PLAN 07

Proposed Heritage Listing for Lot 17 Leacocks Lane, Casula

Strategic Objective	Healthy, Inclusive, Engaging Embrace the city’s heritage and history
File Ref	212223.2024
Report By	Thomas Wheeler - Heritage Officer
Approved By	Lina Kakish - Director Planning & Compliance

Executive Summary

At the Ordinary Meeting of Council on 28 February 2024, a Motion of Urgency (MOU 01) was tabled, and subsequently endorsed by Council, seeking an immediate Interim Heritage Order be placed on Lot 17 Leacocks Lane, Casula known as “Mt Omei” (to be referred to as “Mt Omei” in this Report). A copy of the Council Resolution is provided in Attachment 1.

As a result of the Council Resolution, an Interim Heritage Order (NSW Government Gazette No.103) was gazetted on 22 March 2024 for “Mt Omei”. The IHO prevents the demolition or unsympathetic alteration of the site for up to six (6) months from the gazettal date. A copy of the gazettal is provided in Attachment 2.

The Interim Heritage Order (IHO) provided Council time to determine whether the property is of heritage significance and should therefore be listed under Schedule 5 of the Liverpool Local Environmental Plan 2008 (LLEP 2008).

On 1 May 2024, Council engaged an independent Heritage Consultant, Bronwyn Hanna History & Heritage, to undertake a detailed Heritage Significance Assessment and provide clear recommendations as to whether the property should be heritage listed.

On 3 May 2024, Council’s A/CEO wrote to the NSW National Parks and Wildlife Service (NPWS) to inform them of the IHO gazettal. A copy of the correspondence is provided in Attachment 3.

Council received a copy of the draft Heritage Significance Assessment on 17 June 2024 (see Attachment 4) which concluded that the “Mt Omei” property – including the house, gallery and lookout area – is of local heritage significance under all seven (7) criteria of the Heritage Council of NSW. The draft Assessment also recommends that this part of the property be listed in the Liverpool Local Environmental Plan 2008 (LLEP 2008) as an item of local significance. A copy of the draft Heritage Significance Assessment was forwarded to the NPWS for their consideration on 2 July 2024.

This Report reflects the history of this matter and in line with the draft Heritage Significance Assessment, recommends Council commences work to prepare a Planning Proposal to list Lot 17 Leacocks Lane, Casula (“Mt Omei”) as an item of heritage significance in the LLEP 2008.

RECOMMENDATION

That Council:

1. Receives and notes this Report.

2. Prepares a Planning Proposal to amend Schedule 5 of the Liverpool Local Environmental Plan 2008 to include Lot 17 Leacocks Lane, Casula (“Mt Omei”) as an item of local heritage significance.

3. Writes to the NSW National Parks and Wildlife Service to inform the Agency that Council will prepare a Planning Proposal to amend Schedule 5 of the Liverpool Local Environmental Plan 2008 to include Lot 17 Leacocks Lane, Casula (“Mt Omei”) as an item of local heritage significance.

REPORT

Background

At Ordinary Meeting of Council on 28 February 2024, a Motion of Urgency (MOU 01) was tabled, and subsequently endorsed by Council, seeking an immediate Interim Heritage Order be placed on Lot 17 Leacocks Lane, Casula known as “Mt Omei” (to be referred to as “Mt Omei” in this Report). A copy of the Council Resolution is provided in Attachment 1.

On 3 May 2024, Council’s A/CEO wrote to the NSW National Parks and Wildlife Service (NPWS) to inform them of the IHO gazettal. A copy of the correspondence is provided in Attachment 3.

Assessment of Significance

Assessing heritage significance is an inquiry-based process that results in the compilation of various types of evidence (tangible, intangible or both) that is then used to determine the heritage significance of a place or object. This assessment is integral to being able to make good decisions about important places and objects.

To establish heritage significance in NSW, the following seven (7) criteria presented in Table 1 are applied.

Table 1 – Criteria used in NSW to establish heritage significance (Source: Assessing Heritage Significance – Guidelines for assessing places and objects against the Heritage Council of NSW criteria, Department of Planning and Environment, May 2023)

Criteria	Definition
Criterion (a) – Historic Significance	An item is important in the course, or pattern, of NSW’s cultural or natural history (or the cultural or natural history of the local area).
Criterion (b) – Historical Association	An item has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history (or the cultural or natural history of the local area).
Criterion (c) – Aesthetic / Creative / Technical Achievement	An item is important in demonstrating aesthetic characteristics and/ or a high degree of creative or technical achievement in NSW (or the local area).
Criterion (d) – Social, Cultural, Spiritual	An item has strong or special association with a particular community or cultural group in NSW (or the local area) for social, cultural, or spiritual reasons.
Criterion (e) – Research Potential	An item has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history (or the cultural or natural history of the local area).
Criterion (f) – Rare	An item possesses uncommon, rare, or endangered aspects of NSW’s cultural or natural history (or the cultural or natural history of the local area).
Criterion (g) – Representative	An item is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places; or cultural or natural environments (or a class of the local area’s cultural or natural places; or cultural or natural environments).

The assessment of significance was prepared by Bronwyn Hanna History & Heritage following the Assessing Heritage Significance Guidelines issued by the Heritage Council of NSW, as well as the heritage approach advocated by the Australian ICOMOS Burra Charter 2013 and James Semple Kerr’s, The Conservation Plan, 7^th ed., 2013.

A summary of the assessment against the seven (7) criteria presented in Table 1 is provided in Table 2.

Table 2 – Heritage Significance Assessment for “Mt Omei”

Criteria	Evidence
Criterion (a) – Historic Significance	The Mt Omei property in Casula has local historical significance for Liverpool for demonstrating typical early phases of urban development in Sydney. Mt Omei was part of the original grant that formed Charles Thorsby’s (iconic) colonial Glenfield Estate in 1810. After being used for dairy farming for over a century, it was subdivided from the estate in 1946 as part of the breaking up of the farmland by James Leacock, resulting in the formation of the suburb of Casula. The Mt Omei phase of urban development under the ownership of Wolf and Alice Klaphake since 1946 was, by contrast, exceptional. Mt Omei was one of a small number of properties across the peri-urban hinterland of Sydney in the post-war era made by, and for, people with artistic and alternative ideas. The Mt Omei ‘Klaphake house / gallery / lookout area’ has local historical significance as an attractive group of vernacular buildings that were largely owner-designed in inexpensive materials, set in a bushland setting they largely planted themselves, for their domestic, scientific, artistic and social activities. The Mt Omei ‘Klaphake house / gallery / lookout area’ has local historical significance for the ‘Modern Art Gallery’ run by Alice Klaphake from 1976 to 1984, as well as exhibiting occasionally since then under the custodianship of Van Klaphake. The gallery fostered the local arts community and has been described as ‘the centre of the art scene in Sydney’s south-west’.
Criterion (b) – Historical Association	The Mt Omei property in Casula has local historical associations with the following people: 1. Dr Charles Throsby (1777-1928), a well-known colonial surgeon, magistrate and explorer who was formally granted the land on which Mt Omei is situated in 1810, and who built the large and successful dairy farm known as Glenfield. 2. James Leacock (d. 1974), acquired Glenfield in the early 1920s and was an innovative dairy farmer and entrepreneur who embraced interests ranging from organic farming and land cooperatives to Aboriginal rights. In the 1950s he established the first Aboriginal heritage museum in Sydney, known as the ‘Austro-Asian Cultural Centre’. Leacock subdivided and sold off large swathes of the estate throughout his tenure, including the Mt Omei property, resulting in the formation of the suburb of Casula. 3. Dr Wolf Klaphake (1900-1967), an industrial chemist and inventor who, with his wife Alice, bought the newly subdivided property in 1946, named it Mt Omei and lived and worked in the home and laboratory they purpose-built there, until he died in 1967. Wolf migrated to Australia from Germany in 1935 but was interned as an enemy alien for four years during World War II). 4. Alice Klaphake (1909-2004, nee Lardi, m. Wilton), who studied drama and acted with the Melbourne Repertoire Theatre in the 1920s, worked as a journalist and wrote poetry before marrying Wolf Klaphake and buying the Mt Omei property. During the 1960s she studied painting with John Olson and became a successful abstract artist, winning the Camden Art Prize in 1975. She was good friends with other prominent artists such as Margot and Gerard Lewers, Lenore Rays and Tom Bass, and the Wedderburn artists at Campbelltown. Her privately owned Modern Art Gallery at Mt Omei, run from 1976 to 1984, was described as ‘the centre of the art scene in Sydney’s south-west’ (NAA, 2024). Her memory has been honoured by the Casula Powerhouse Arts Centre. 5. Van Klaphake, son of Wolf and Alice, who has lived at Mt Omei for much of his life and been its custodian for the last 20 years. An expert in Australian botany, he has self-published a series of authoritative books on native flora, focusing on eucalypts, sedges, grasses and rainforest species. His figures of native birds carved from local timbers have been exhibited in gallery shows at the Mt Omei gallery. 6. Artists who exhibited their work at the Mt Omei Modern Art Gallery between 1976 and the present day, including: Bob Baker, James Baker, Juanita Bailey, Lenore Bass, Tom Bass, Fonika Booth, Fred Braat, Joan Brassil, Raymond Coles, Elisabeth Cummings, Gray Dunreath-Cooper, Greg Fawley, Philip Grienke, Hanna Juskovic, Arpad Kinka, Alice Klaphake, Van Klaphake, Gerard Lewers, Margo Lewers, Darryl Lock, Lorraine Maggs, Daphne Miller, John Paice, Carl Plate, Barbara Romalis, Nick Romalis, Colleen Shaliapin, Robyn Smith, Brian Stratton, Robert Sugden, Vince Vozzo and Georgina Worth.
Criterion (c) – Aesthetic / Creative / Technical Achievement	The Mt Omei ‘Klaphake house / gallery / lookout area’, an approximately one-hectare precinct at the top of the hill. The precinct features five (5) buildings set amongst trees and gardens, and linked by gravel pathways, which has local aesthetic significance. Designed and largely owner-built by Alice and Wolf Klaphake in the mid-twentieth century, the buildings are modest, single-storey, vernacular structures constructed in brick and fibro with metal roofing, white painted exteriors with black trim, and generously proportioned interior rooms which provided a functional and attractive place for the Klaphakes’ scientific, artistic and social activities. Although simply constructed in inexpensive materials without professional design input, they are thoughtfully proportioned and oriented with each other, the weather and the bushland setting, making an attractive precinct sometimes nick-named ‘Alice’s Wonderland’.
Criterion (d) – Social, Cultural, Spiritual	The one-hectare ‘Klaphake house / gallery / lookout area’ of Mt Omei, developed by Alice and Wolf Klaphake in the mid-twentieth century, has local social significance for its associations with the local artistic community in Casula, Liverpool and Western Sydney. Alice Klaphake’s Modern Art Gallery ran from Mt Omei in the 1970s and 1980s, and was described as ‘the centre of the art scene in Sydney’s south-west’. Although officially closed in 1984 when Alice was 75, exhibitions have continued to be held there occasionally, which has resulted in the place remaining widely known and appreciated by the local arts community. The Casula Powerhouse Arts Centre (CPAC), located nearby, has demonstrated its special regard for Mt Omei by: · dedicating an amphitheatre on the banks of the Georges River in Alice Klaphake’s name in 2001; · holding a memorial service in her honour after she died in 2004; · keeping a collection of about 50 moveable heritage items and artworks associated with Mt Omei, called the ‘Klaphake Collection’; and · proposing, in 2003 that CPAC be given management of the Mt Omei property to manage as a community resource and include in a ‘Georges River Cultural Corridor’. The local social significance of the place was recently attested by the Liverpool Member for Parliament, Charishma Kaliyanda MP, who told the NSW Legislative Assembly on 19 March 2024 that artists, friends and others who have benefitted from its legacy have been rallying in support of Mt Omei since 2016 when concerns were first raised about its future. Dozens of local newspaper articles have been published about the place since the 1970s. Another demonstration of local regard was the making of an Interim Heritage Order over the place by Liverpool City Council in 2024.
Criterion (e) – Research Potential	Mary Dallas’ archaeological investigation of the entirety of Leacock Park in 1988 and 1999 found just one Aboriginal campsite, which was not located at Mt Omei. Dallas nonetheless concluded that the park, including Mt Omei, contained ‘considerable Aboriginal value and educational potential’ (NPWS, 2016, pp11-12). The identification of historic geographical features associated with the Glenfield Estate by Ashley Built Heritage in 2016, such as fence posts and buried cisterns, suggests that the Mt Omei property has historic archaeological potential, at least at the local level.
Criterion (f) – Rare	The one-hectare ‘Klaphake house / gallery / lookout area’ of Mt Omei, developed by Alice and Wolf Klaphake in the mid-twentieth century, is rare at the local level in Liverpool as a domestic precinct with modern buildings which, although simple and vernacular, share attributes with post-war regional styles such as the ‘Sydney School’. The house, former laboratory and ancillary buildings were thoughtfully designed and situated in a recovered bushland setting to create a functional and inviting place for scientific, artistic and social activities, sometimes nick-named ‘Alice’s Wonderland’. The use of the former laboratory building as a privately-run art gallery, on and off since 1976, is rare in the local context, and has resulted in the place being widely known and appreciated by the local community.
Criterion (g) – Representative	The one-hectare ‘Klaphake house / gallery / lookout area’ of Mt Omei, developed by Alice and Wolf Klaphake in the mid-twentieth century, has representative significance at the local level in Liverpool as a place associated with artistic activities, largely because of the Mt Omei art gallery run by Alice Klaphake 1976-1984, which has continued to be the site of occasional art exhibitions. Mt Omei is also representative of places associated with alternative lifestyles in western Sydney in the post-war period.

This Heritage Significance Assessment recommends Council commences work to prepare a Planning Proposal to list the “built precinct” of Lot 17 Leacocks Lane, Casula (“Mt Omei”) – namely the Klaphake house / gallery / lookout area – as an item of local heritage significance in the LLEP 2008.

Next Steps

Should Council endorse the Report recommendations, work will commence to prepare a Planning Proposal to amend Schedule 5 of the Liverpool Local Environmental Plan 2008 to include the “built precinct” of Lot 17 Leacocks Lane, Casula (“Mt Omei”) as an item of local heritage significance.

Council staff will also write to the NPWS to inform the Agency of the impending local heritage significance listing.

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. - Section 25, Heritage Act 1977 - Environmental Planning and Assessment Act 1979
Risk	The risk is deemed to be Low.

ATTACHMENTS

1. Attachment 1 - Council Resolution - Motion Of Urgency 01 - Mt Omei - 28 February 2024 (Under separate cover)

2. Attachment 2 - "Mt Omei" - Interim Heritage Order Gazettal - 22 March 2024 (Under separate cover)

3. Attachment 3 - "Mt Omei" IHO Notification - NPWS - 30 April 2024 (Under separate cover)

4. Attachment 4 - Draft Heritage Significance Assessment - "Mt Omei" - Bronwyn Hanna History & Heritage - 14 June 2024 (Under separate cover)

Ordinary Meeting

24 July 2024

Community & Lifestyle Report

COM 01

Grants Donations and Community Sponsorship Report

Strategic Objective	Healthy, Inclusive, Engaging Promote a harmonious community that celebrates its diversity
File Ref	221289.2024
Report By	Jacqueline Newsome - Coordinator Community Development
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

Council is committed to building strong and resilient communities in the Liverpool Local Government Area (LGA) and maximising social wellbeing. Council helps achieve these goals by providing financial support through grants and sponsorships to develop leadership skills, increase participation in community activities and address identified social issues.

This report provides a recommendation for endorsement of funding totalling $69,477 from the Community Grant Program, Matching Grants Program, and the Community Sponsorship Program.

RECOMMENDATION

That Council:

1. Endorses the funding recommendation of $29,670 (GST exclusive) under the Community Grant Program for the following projects:

Applicant	Project	Recommended
NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS)	Mama Africa Sewing Project	$7,670
National Zakat Foundation Incorporated	Respectful Relationships Education Program for Liverpool Muslim Students	$10,000
Taste Cultural Food Tours Inc	Liverpool School Tours	$4,500
Diversity Arts Australia	Echo 8 Trilogy: Screen Action Series and Workshops	$7,500

2. Endorses the funding recommendation of $29,807 (GST exclusive) under the Matching Grants Program for the following project:

Applicant	Project	Recommended
Autism Advisory and Support Service	Somewhere Nice - Opportunity Shop and Café; Inclusive Training Program	$15,000
Paint the Town Read	First Nations Book Launch at Ashcroft School	$14,807

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

Applicant	Project	Recommended
Friends of India	Ganeshotsava	$10,000

REPORT

Community Grant Program

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

Applicant	NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS) on behalf of Multicultural African Community Network.
Project	Mama Africa Sewing Project
Amount Requested	$7,670	Total Project Cost	$7,670
Location	Whitlam Leisure Centre, 90A Memorial Ave, Liverpool NSW 2170	Date	August 2024 to June 2025
About the Applicant	STARTTS is a not-for-profit organisation that was established in 1988. The organisation provides culturally relevant psychological treatment and support to help people and communities heal the scars of torture and refugee trauma. Through community interventions, STARTTS helps refugee groups rebuild their lives in Australia. Please note, STARTTS is applying on funding on behalf of Multicultural African Community Network, a local group of volunteers delivering community activities that foster social cohesion and boost community engagement in trauma affected refugee groups.
Description	Objectives: Mama Africa Sewing Project is an initiative targeting refugee African women experiencing social isolation, language barriers and financial constraints. The program is designed to help women navigate life in Australia through a culturally safe and trauma-informed education program that is attached to the sewing sessions. Weekly guest speakers will address topics such as health and wellbeing, nutrition and healthy eating habit, social services and support networks, along with a ‘everyday English’ language program. Outcomes: · Improve social, physical, and mental wellbeing through prevention and early intervention health and safety programs; · Increase participation of people in community health and wellbeing activities and programs, including members of the community who are experiencing social disadvantage; and · Facilitate inclusion and access to facilities, services, open spaces, and activities.
Beneficiaries	· Liverpool African refugee community · Support services and community networks
Assessment	Recommended for Funding - $7,670 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, and Objective 4 - Visionary, Leading, Responsible, and meets the Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 a) b) c) d) and e).

Applicant	The National Zakat Foundation
Project	Respectful Relationships Education Program for Liverpool Muslim Students
Amount Requested	$10,000	Total Project Cost	$12,000
Location	Liverpool LGA Schools	Date	August 2024
About the Applicant	The National Zakat Foundation (NZF) is a renowned charity organisation addressing socio-economic challenges and empowering individuals and communities in need. Over the past few years, NZF has assisted 500 individuals and families experiencing domestic violence to exit their situations. The NZF aims to launch the Respectful Relationships Education Program (RREP) to the Australian Muslim community in Liverpool. The program focuses on youth engagement and teaches students how to establish and maintain healthy boundaries, recognise signs of unhealthy relationship dynamics, and understand the impact of domestic violence on individuals and communities within the Australian Muslim perspective. NZF is working closely with five Islamic local schools to deliver this program.
Description	Objectives: The RREP is a culturally sensitive program tailored for Australian Muslim students in Liverpool. Through partnerships with local participating schools, the program will actively engage students in discussions, group activities, and self-reflection exercises. The program consists of three interactive sessions: 1. Respecting Oneself and The People Around Them 2. Why Boundaries are Important 3. What Domestic and Family Violence Looks Like Outcomes: · Encouraging students from a young age to build healthy and respectful relationships promotes a sense of belonging, empathy, and positive social interactions; and · Improve community wellbeing through prevention and early intervention safety programs that address family and domestic violence.
Beneficiaries	· Liverpool residents and broader communities · Family and Domestic Violence Support Groups
Assessment	Recommended for Funding - $10,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, and Objective 4 - Visionary, Leading, Responsible, and meets the Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 b) and c).

Applicant	Taste Cultural Food Tours Inc
Project	Taste of Migration - Liverpool School Tours
Amount Requested	$4,500	Total Project Cost	$8,000
Location	Liverpool LGA Schools	Date	August to December 2024
About the Applicant	Taste Cultural Food Tours (TCFT) is a social enterprise organisation, successfully operating as a not-for-profit charity. TCFT designs local food tours that celebrate diversity and build understanding across cultures through food experiences. TCFT has successfully delivered food tour programs in culturally rich areas such as Bankstown and Cabramatta and are keen to expand their program to Liverpool by designing a tour for local schools to experience the ‘Taste of Migration’. Liverpool’s strong connection to the CALD community and accessible CBD infrastructure makes it an ideal location to introduce street food tours.
Description	Objectives: TCFC is seeking funding towards developing and trialing the ‘Taste of Migration’ program, a culinary tour showcasing the best food experiences in the Liverpool CBD. The delivery of the program includes partnering with 10 local independent businesses to curate a food tour around Liverpool that include visits to these businesses to taste quality food from a range of cultures. The tours are designed to support local school students who are studying food technology and migration and culture, with an intention to further expand the tours to encourage broader community participation. Outcomes: · Promote social cohesion through cross-cultural experiences; · Build long term partnerships with local schools and businesses and promote investment into the local economy; · Improve access to new skills and experiences for local school students; and · Enhance Liverpool’s reputation as a great place to live, visit and invest.
Beneficiaries	· Independent/ Small businesses in the Liverpool CBD · Local students · Visitors to the Liverpool CBD · Liverpool City Council
Assessment	Recommended for Funding - $4,500 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, and Objective 4 - Visionary, Leading, Responsible, and meets the Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 a) b) e) and h).

Applicant	Diversity Arts Australia On behalf of Phoenix Eye Films
Project	Echo 8 Trilogy: Screen Action Series and Workshops
Amount Requested	$4,500	Total Project Cost	$18,700
Location	Liverpool LGA / Casula Powerhouse & Art Centre	Date	July 2024 to March 2025
About the Applicant	Phoenix Eye Films (PEF) is a talented female-led film and art production company operating in Western Sydney since 2017. PEF has produced over 200 videos, short films and feature films that showcase local talent at national film festivals as well as global viewing platforms such as YouTube and Amazon Prime. In partnership with Diversity Arts Australia, PEF provides a platform for underrepresented voices and creates immersive experiences that foster community connections and dialogue. The team also engages CALD communities with workshops that delve into film production across Western Sydney.
Description	Objectives: The ‘Echo 8 Trilogy’ project will enable PEF to engage local CALD communities and provide comprehensive training and project development sessions that equip participants with technical skills in various aspects of film production. Workshops will focus on storytelling, casting and acting, stunt choreography, camera operations, and most importantly authentic display of CALD character representative and delivery of dialogue. The ‘Echo 8 Triology: Screen Action Series’ will engage 80 local participants and is scheduled for release on Amazon Prime in late 2025. Outcomes: Through the program, PEF aims to: · Produce a high-quality feature film, "Echo 8 Trilogy," reflecting southwest Sydney community diversity and creativity; · Foster a collaborative and inclusive environment for individuals of all backgrounds and experience levels to learn new skills and engage actively in the program; and · Promote creative art programs and initiatives that encourage self-expression and promote community place-making and artistic endeavours.
Beneficiaries	· Local film making and digital art industry · Amateur/youth film makers · Film enthusiasts · Liverpool City Council (through media release and film promotion and viewing opportunity)
Assessment	Recommended for Funding - $7,500 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, and Objective 4 - Visionary, Leading, Responsible, and meets the Community Grants Program’s funding priorities. Expected program outcomes 7.4.1 b) d) and h).

Matching Grants Program

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

Applicant	Autism Advisory and Support Services
Project	Somewhere Nice - Opportunity Shop and Café; Inclusive Training Program
Amount Requested	$15,000	Total Project Cost	$114,000
Location	Somewhere Nice – Opportunity Shop and Café 36 Railway St, Liverpool NSW 2170	Date	July 2024 – June 2025
About the Applicant	Autism Advisory and Support Service (AASS) is a local not-for-profit charity organisation empowering children and adults with autism and their families through knowledge and support. Since 2007, AASS has provided support services including advocacy, family support, support coordination and therapies that are essential to ensuring individuals with autism receive the necessary assistance, understanding, and resources to thrive. This year, the Opportunity Shop and Café has enabled AASS to expand their employment readiness programs by engaging volunteers from the local community, with an aim to create connections and reduce isolation. The shop also provides employment opportunities for people with a disability with a carefully curated skill development and training program.
Description	Objective ‘Somewhere Nice’ is a social enterprise that combines the concept of an opportunity shop with a cafe and a job training program. Its primary social goal is to provide job training and employment opportunities for individuals facing barriers to entering the workforce due to disability. The job training program will focus on developing essential job skills such as customer service, retail management, barista skills, inventory management, and teamwork. The program also engages many local volunteers with and without a disability, providing volunteers with much needed connection and work experience that can potentially lead to paid work. AASS is seeking funding to support the job readiness program in partnership with Liverpool TAFE and specialist trainers. The program aims to enhance youth engagement with a focus on increasing the ability of young people with disabilities to obtain skills and qualifications, to ultimately increase their active participation within the community. Outcomes · Increased opportunities for community members to acquire or develop new skills and/or employment. · Increased opportunities for young people and people living with disability to socially engage and actively participate in community activities; and · Improved sense of belonging and strengthening self confidence in people living with a disability.
Beneficiaries	· Liverpool residents living with a disability (Autism) · Autism support groups / disability employment groups · Local businesses
Assessment	Recommended for Funding - $15,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible. Expected Matching Grant Program Outcomes 7.6.2 a), b), and d).

Applicant	Paint the Town Read
Project	Launch Indigenous Storybook
Amount Requested	$14,807	Total Project Cost	$14,807
Location	Yellamundie, Liverpool Library	Date	July 2024 – June 2025
About the Applicant	Paint the Town Read is an early literacy movement that encourages people to read with children from birth, so each child starts school ready to learn. Paint Liverpool Read commenced in 2012 and falls under the umbrella organisation of Paint the Town Read. This working group is a partnership of local services including Liverpool Library and Mission Australia 2168 Communities for Children. The program promotes the importance of developing early literacy skills to parents by sharing stories, talking, singing, reading, and playing with their children from birth. Paint Liverpool Read and GoGo the Gecko (mascot) regularly attend community events, playgroups, schools, and early learning centres to promote this message and engage with local young families.
Description	Objective Paint Liverpool Read is seeking funding towards launch events to promote a storybook with an Indigenous focus, encouraging young families to read together. The book is written in both English and Darug languages, and was developed in consultation with local Aboriginal Elders, professionals, and the community. The book incorporates the Aboriginal 8 Ways of Learning and will be printed in several formats, including a board-book format to engage children with additional needs. Launch events include introducing the book across a range of platforms to maximize engagement and exposure to local children and families. Outcomes · Build community capacity to respect and acknowledge First Nations culture and strengthen awareness of local heritage; · Improve access to early intervention and school readiness programs that promote successful transition to school for children; and · Increased number of people connecting to local communities and experiencing sense of belonging through literary and creative programs.
Beneficiaries	· Young children and families in Liverpool · First Nation families and communities · Teaching staff and early education support groups
Assessment	Recommended for Funding - $14,807 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 3 - Evolving, Prosperous, Innovative, Objective 4 - Visionary, Leading, Responsible. Expected Matching Grant Program Outcomes 7.6.2 a), b), and d).

Community Sponsorship Program

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

Applicant	Friends of India Australia Incorporated
Project	Ganeshotsava
Amount Requested	$10,000	Amount Requested	$46,000
Location	Whitlam Leisure Centre Liverpool	Date	21 September 2024
About the Applicant	Friends of India Australia (FOIA) is a voluntary non-profit organisation established in 1996. Their mission is to unite all walks of life; to help the community, nurture the environment, educate, and celebrate Indian culture through various inclusive community-based events.
Description	Objectives: Ganeshotsava is a large event that attracts visitors to the Liverpool LGA. This multicultural event celebrates traditions and culture through various activities and a musical extravaganza over two days in October. The event brings together community members from all backgrounds to share knowledge and culture. Outcomes: · Celebrate diversity and promote inclusion; · Delivers economic benefit to the Liverpool LGA; · Promote tourism through regional, national, and international visitors; · Provides promotional and publicity opportunities to the Liverpool LGA; and · Promotes Liverpool’s reputational as a great place to live, work, and invest.
Beneficiaries	· 10,000 visitors · Local CALD communities · Local businesses/ Hotels/ Event suppliers · Liverpool Council through promotional opportunities · and over 10,000 visitors to Liverpool.
Assessment	Recommended for Funding - $10,000 The project aligns with the Community Strategic Plan Objective 1 - Healthy, Inclusive, Engaging, Objective 2 - Livable, Sustainable, Resilient, and meets the Community Sponsorship funding priorities. Expected program outcomes 7.7.1 a), b), c), d) and e).

FINANCIAL IMPLICATIONS

Costs associated with this recommendation have been included in Council’s budget for the current year and long-term financial plan. A full breakdown of operating budget is included below.

COMMUNITY SPONSORSHIP
Budget	Balance	Recommended for funding in this report	Remaining
$150,000	$149,000	$10,000	$139,000
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$152,000	$152,000	$29,670	$122,330
MATCHING GRANTS
Budget	Balance	Recommended funding in this report	Remaining
$100,000	$100,000	$29,807	$70,193
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report	Remaining
$75,000	75,000	Nil	$75,000
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding in this report	Remaining
$477,000	476,000	$69,477	$406,523

CONSIDERATIONS

Economic	The financial impacts are outlined in the report above.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	Support community organisations, groups, and volunteers to deliver coordinated services to the community.
Civic Leadership	Foster neighborhood pride and a sense of responsibility. Operate a well-developed governance system that demonstrates accountability, transparency, and ethical conduct.
Legislative	Local Government Act 1993, including sections 24 and 356. The council may by resolution contribute money or otherwise grant financial assistance to people for the purpose of exercising its functions. Council’s grant programs are targeted to ensure a lawful and consistent approach to its contributions and financial assistance. Key functions that are supported are Council’s functions of providing goods, services, and facilities, and conducting activities, appropriate to the current and future needs within the Liverpool local community and of the wider public, subject to the Local Government Act, the regulations, and any other law.
Risk	There is no risk associated with this report.

ATTACHMENTS

Nil

Ordinary Meeting

24 July 2024

Corporate Support Report

CORP 01

Investment Report June 2024

Strategic Objective	Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources
File Ref	214059.2024
Report By	Vishwa Nadan - Chief Financial Officer
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

This report details Council’s investment portfolio and its performance at 30 June 2024. Key highlights include:

· Council held investments with a market value of $360 million.

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

· The portfolio yield (for the year to June 2024) was 14 basis points below the benchmark (AusBond Bank Bill Index)

	AusBond Bank Bill Index (ABBI)
Benchmark	4.37%
Portfolio yield	4.23%
Performance below benchmark	-0.14%

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

· Year-to-date, Council’s investment income was $7.57 million higher than the original budget. This is due to a combination of increase in market interest rates and unrealised gain in fair value of Floating Rate Notes (FRNs).

· Year-to-date, Council’s investment in mortgage-backed securities (MBSs) is valued at $376 thousand below face value. Council’s investment advisor continues to review Council’s investment in MBSs and recommends Council continue to hold its investments in the Class A and both Class C securities. There is significant uncertainty associated with these investments, however presently Council’s investment advisor believes there is, on balance, more upside opportunity than downside risk. This is subject to ongoing regular review. MBSs are no longer rated.

· Council’s investments and reporting obligations fully complied with the requirements of section 625 of the Local Government Act 1993 and section 212 of the Local Government (General) Regulation 2021.

· Council’s portfolio also fully complied with limits set out in its current Investment Policy, noting the exception applicable to MBSs (as investment in them pre-dates the current Investment Policy).

· Council is committed to NSW TCorp’s balanced investment framework and held 11.06 per cent of its portfolio in ADIs rated BBB and below.

RECOMMENDATION

That the Council receives and notes this report.

REPORT

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

Council’s portfolio

At 30 June 2024, Council held investments with a market value of $360 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:

A pie chart with numbers and words with Crust in the background

Description automatically generated

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

*Definition of terms

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

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

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

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

Council is committed to NSW TCorp’s balanced investment framework and held 11.06 per cent of its portfolio in ADIs rated BBB and below.

Mortgaged-backed securities

Council’s investment advisor regularly reviews investments in grandfathered mortgage-backed securities (MBSs) and continues to recommend “hold” position on investments in Class A and both Class C securities.

There is significant uncertainty associated with these investments, however presently the investment advisors believe there is, on balance, more upside opportunity than downside risk. Notwithstanding this recommendation, Council’s investment advisor has assessed that both Class C securities are likely to eventually default. However, Council will continue to receive interest up until default which is likely to be many years in the future. Fitch Rating Agency has decided to withdraw its rating on MBSs and as a result, Council’s investments in these securities are now classed as non-rated. Year-to-date, Council’s investment in MBSs is valued at $376 thousand below face value.

Portfolio maturity profile

The table below shows the percentage of funds invested at different durations to maturity.

Counterparty policy limit compliance

Credit rating policy limit compliance

Compliance with Investment policy – In summary

Legislative requirements		Fully compliant, noting exception applicable to grandfathered mortgaged-backed investments.
Portfolio credit rating limit		Fully compliant
Institutional exposure limits		Fully compliant
Overall portfolio credit limits		Fully compliant
Term to maturity limits		Fully compliant

Portfolio performance against relevant market benchmark

Council’s Investment Policy prescribes the AusBond Bank Bill Index (ABBI) as a benchmark to measure return on cash and fixed interest securities. The ABBI represents the average daily yield of a parcel of bank bills. Historically there has been a positive correlation between changes in the cash rate and the resulting impact on the ABBI benchmark.

The current ABBI benchmark reflects RBA actions to aggressively lift the cash rate. The portfolio performance is expected to be below ABBI benchmark in coming months and this trend will continue until such time low-yielding investments mature.

The portfolio yield for the year to June 2024 was below the ABBI index by 14 basis points (portfolio yield: 4.23%; ABBI: 4.37%). Comparative yields for the previous months are charted below: A graph of blue and yellow bars

Performance of portfolio returns against budget

Year-to-date, Council’s investment income was $7.57 million higher than the original budget. This is due to a combination of increase in market interest rate and unrealised gain in fair value of Floating Rate Notes (FRNs).

	YTD Budget	YTD Actuals	Budget Variance
Interest yield on cash holdings	$10.68m	$16.51m	$5.83m
Fair value market movement	$0.00m	$1.74m	$1.74m
Total	$10.68m	$18.25m	$7.57m

A graph of blue and yellow bars

Description automatically generated

Economic outlook – Reserve Bank of Australia

The Reserve Bank of Australia has remained the official cash rate to 4.35 per cent in its meeting on 18 June 2024.

Certificate of Responsible Accounting Officer

The Chief Financial Officer, as Responsible Accounting Officer, certifies that the investments listed in the attached report have been made in accordance with section 625 of the Local Government Act 1993, section 212 of the Local Government (General) Regulation 2021 and Council’s Investment Policy at the time of their placement. The previous investments are covered by the grandfathering clauses of the current investment guidelines issued by the Minister for Local Government.

CONSIDERATIONS

Economic	Council’s investment income was $7.57 million higher than the original budget at 30 June 2024.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Local Government Act 1993, section 625 Local Government (General) Regulation 2021, section 212 As required by the Local Government Act, Council is fully compliant with the ministerial requirements specified in the Local Government Act 1993 – Investment Order (relating to investments by councils) and with reporting requirements under section 212 of the Local Government (General) Regulation 2021.
Risk	The capital value and return-on-investment is subject to market risks. Investment limits prescribed in Council’s policy framework is aimed to mitigate these risks.

ATTACHMENTS

1. Investment Portfolio June 2024

Ordinary Meeting

24 July 2024

Corporate Support Report

CORP 02

Ethical Conduct Policies

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	216324.2024
Report By	David Day - Head of Governance
Approved By	Farooq Portelli - Director Corporate Support

Executive Summary

Council has four policies that support behaviours in line with Council’s Code of Conduct:

· Gifts and Benefits Policy,

· Conflicts of Interest Policy,

· Secondary Employment Policy, and

· Fraud and Corruption Prevention Policy.

The policies have been reviewed and are considered to remain broadly fit for purpose. Some minor amendments are proposed, which are tracked in the attached versions of the policies and described in the body of the report. Council is recommended to endorse the updated policies for public exhibition.

RECOMMENDATION

That Council:

1. Endorse the Draft Gifts and Benefits Policy, Conflicts of Interest Policy, Secondary Employment Policy, and Fraud and Corruption Prevention Policy for public exhibition for a period of not less than 28 days.

2. Agree that Council’s Chief Executive Officer or delegate may finalise the Draft Gifts and Benefits Policy, Conflicts of Interest Policy, Secondary Employment Policy, and Fraud and Corruption Prevention Policy if no representations are received during public exhibition and to make non-significant amendments to the policies.

3. Require a further report to Council in relation to any representations received during public exhibition of the Gifts and Benefits Policy, Conflicts of Interest Policy, Secondary Employment Policy, and Fraud and Corruption Prevention Policy.

REPORT

Council has four policies that support behaviours in line with the Code of Conduct. Together they aim to enhance the reputation of Council as an organisation with the highest standards of ethical governance.

· The Gifts and Benefits Policy guides Council officials in identifying, assessing and managing offers of gifts or benefits in accordance with Council’s Code of Conduct and statutory requirements.

· The Conflicts of Interest Policy provides a framework that supplements the Code of Conduct and assists Council officials to identify and deal with conflicts of interest.

· The Secondary Employment Policy addresses the specific conflicts of interest that may arise from staff engaging in employment or business outside of their role with Council. It sets out the process for notifying, approving, prohibiting and reviewing secondary employment.

· The Fraud and Corruption Prevention Policy draws attention to the suite of internal control mechanisms that have been implemented by Council to prevent fraud and corruption, centred around prevention, detection and response.

The four ethical conduct policies have been reviewed and found to be generally fit for purpose. Changes have been proposed to:

· better align with language used in the Code of Conduct,

· remove duplication,

· update references to policies and legislation, and

· make minor corrections to correct errors and increase clarity.

Input was sought from all Council teams and from unions.

Following internal feedback, it is proposed to amend the Gifts and Benefits Policy at Clause 4.31 to raise the amount that the CEO or a Director may approve for a gift of flowers or fruit from $100 to $150. This change partly reflects inflation and partly our experience of the gifts that can be purchased at the permitted price point.

Feedback was received from one union in relation to the Secondary Employment Policy which recommended that Council completely redraft the policy. The response drew attention to the operation of section 353 of the Local Government Act 1993 and raised several concerns, which have been summarized and responded to in the table below.

Issue	Response
Section 353 of the Local Government Act 1993 refers to “other work” not “secondary employment”.	It is correct that the heading to section 353 refers to “other work”. The body of the section refers to “private employment or contract work outside the service of the council”. Council’s policy appropriately cites the full text of section 353 of the Act. By using the term “secondary employment” Council has emphasized that its own work is considered to have primacy, while still dealing with how other work should be managed in a manner consistent with the Act.
Section 353 does not prohibit doing work which relates to or conflicts with an employee’s job but allows the general manager to refuse an application if the risks can’t be properly managed.	Section 353 permits the general manager to prohibit a member of staff from engaging in private employment or contract work outside the service of Council that relates to the business of Council or that might conflict with the staff members Council duties. The policy does not go beyond the circumstances that the Act identifies in which other work may be prohibited but helpfully identifies situations in which conflict may arise.
There are nine conflict considerations that must be considered under paragraph 2.6 of the policy which are not the same as the six examples in paragraph 6.1 of circumstances in which unauthorized secondary employment will warrant swift action.	The two paragraphs are intentionally different. One provides guidance as to when a conflict may arise. The other identifies some of the consequences that may result from a conflict. Both are considered helpful.
The policy is too long.	The guidance the policy provides is considered to be helpful and in line with Council’s commitment to ethical conduct.

For the reasons given in the table, it is not considered necessary to completely redraft the Secondary Employment Policy.

The draft amended policies are attached with the proposed changes tracked. Council is requested to agree to the policies being publicly exhibited.

FINANCIAL IMPLICATIONS

There will be an annual staff cost of implementing, monitoring and raising awareness of the policies. This cost is expected to be met from Council’s budget for the current year and long-term financial plan and is estimated at $33,000 of staff time from those involved in governance and management roles.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government Act 1993 The general principles applying to the exercise of Council’s functions under section 8A of the Local Government Ac 1993 include that Council should act fairly, ethically and without bias in the interests of the community. Pursuant to section 8B of the Local Government Act 1993, Council should have effective financial and assessment management, including sound policies and processes for risk management. Section 440 of the Local Government Act 1993 requires Council to adopt a Code of Conduct which incorporates the provisions of the model code. Councillors, members of staff and delegates of Council must comply with the Code of Conduct, except to the extent of any inconsistency with the model code. Section 353 of the Local Government Act 1993 prevents general manager from engaging, for remuneration, in private employment or contract work outside Council’s service (outside work) without the approval of Council’s governing body. Staff are prevented from engaging in outside work that is relates to Council’s business or that may conflict with their Council duties unless they have notified the general manager in writing. The general manager may prohibit such outside work. Other relevant legislative provisions are identified in the policies.
Risk	The risk is deemed to be Medium, however the risk can be adequately managed through the preparation, adoption, implementation and awareness raising of a robust Ethical Governance framework.

ATTACHMENTS

1. Draft Conflicts of Interest Policy (Under separate cover)

2. Draft Gifts and Benefits Policy (Under separate cover)

3. Draft Secondary Employment Policy (Under separate cover)

4. Draft Fraud and Corruption Prevention Policy (Under separate cover)

Ordinary Meeting

24 July 2024

City Futures Report

CFD 01

Public Art Program for Bigge Park, Liverpool

Strategic Objective	Healthy, Inclusive, Engaging Improve liveability and quality of life for the community by delivering vibrant parks, places and facilities
File Ref	174820.2024
Report By	Clare Cochrane - Public Arts Officer
Approved By	Shayne Mallard - Director City Futures

Executive Summary

At the Ordinary Meeting of Council on 30 August 2023 (MAYOR 04), Council resolved to investigate and implement a Public Art Program for Bigge Park, Liverpool. A copy of the Council Resolution is provided in Attachment 3.

Following the Resolution, Council’s Public Art Officer tabled an Interim Report (IPC 01) at the November Governance Committee Meeting on 15 November 2023. The Interim Report outlined the initial investigations and methodologies to capture various themes, narratives, and outcomes that could be explored as part of a Public Art Program for Bigge Park. A copy of the Interim Report is provided in Attachment 4.

This Report seeks formal approval from Council to proceed with delivery of the Public Art Program for Bigge Park in line with previous Council Resolutions and recommended budget requirements.

RECOMMENDATION

That Council:

1. Notes and receives this Report.

2. To support delivery of the Public Art Program for Bigge Park, approves dedicated funding (from general funds) for the next six consecutive financial years (2024/25 to 2029/30) with additional funding towards project implementation and delivery costs.

3. Notes that a further Report will be brought back to Council providing an update on the location and typology of public art being delivered as part of the Program.

REPORT

Established under the 1810 town plans for Liverpool, Bigge Park is an iconic green space accessed by residents, workers, and visitors within the Liverpool CBD. The Bigge Park Public Art Program, initiated by a Council Resolution on 30 August 2023 (MAYOR 04), focuses on connections and benefits that could be provided to Liverpool Hospital staff, patients, and their families.

The addition of public art within the public open space provides opportunities for reflection of our shared humanity, experiences, and narratives. During the initial research, the broad range of park users and audiences reflected the diversity of Liverpool as a suburb, and that of the greater communities within our Local Government Area (LGA). As such, the delivery of a Public Art Program for Bigge Park provides Council with the opportunity to acknowledge, celebrate, challenge, and embody shared experiences and find common ground.

From this research and site investigations, suitable forms and locations for public art within Bigge Park have been identified (see Attachment 1). Bigge Park’s kaleidoscope of users and audiences have informed the need for public art to be meaningful, relevant, accessible, and intergenerational.

The proposed forms and locations have been identified to support nighttime activation, increase perceptions of safety, activate existing users, engage new audiences, and account for existing and future events and park activation programs (see Attachment 2).

Public Art

Public art instils meaning into the public domain. It humanises the built environment and provides a sense of identity, curiosity and understanding. Council’s Public Art Policy identifies that public art is an investment for and of the communities.

Public art increases economic visitation and illustrates Council’s commitment to narratives of culture, accessibility, diversity, heritage, and shared aspirations. Public art must be sanctioned by Council and provide meaningful, inclusive, and relevant holding value or benefit for the wider community. Public art should be accessible and explore concepts and narratives which benefit communities and users of the public space.

Public art is a one-of-a-kind original artwork designed and/or fabricated by an artist in a publicly accessible or viewable space. As an artwork within the public domain, it is essential that there are:

1. Public processes – formally or informally, the public must sanction the work as public art. Public art is planned, commissioned, designed, fabricated, installed and/or maintained through public processes and / or funding. It is delivered in line with Council’s Public Art Policy and community engagement.

2. Accessibility – the public must be able to physically experience it. Public art is physically and / or visually accessible from the public domain.

3. Aesthetic quality – it must have artistic significance and provide a positive addition to the public domain.

Council Resolution – 30 August 2023

At the Ordinary Meeting of Council on 30 August 2023 (MAYOR 04), Council resolved to:

1. Investigates and implements a Public Art program at Bigge Park.

2. Collaborates with local artists, community members, and relevant stakeholders to ensure that the artistic interventions are culturally respectful and sensitive to the needs of our diverse community.

3. Considers as part of the investigation process the appropriate placement of artistic installations within the park, considering the flow of foot traffic, natural elements, accessibility and activation be considered as part of this.

4. Evaluates potential funding sources, including grants and community contributions, to support the development and maintenance of the Public Art Program.

5. A report will be brought back to Council.

The Council Resolution identified that the Bigge Park Public Art Program would provide a space of solace, reflection and healing, a copy of the Council Resolution is provided in Attachment 3.

Governance Committee Interim Report – 15 November 2023

Following the Resolution, Council’s Public Art Officer tabled an Interim Report (IPC 01) at the November Governance Committee Meeting on 15 November 2023. The Interim Report (see Attachment 4) outlined the initial investigations and methodologies to capture various themes, narratives, and outcomes that could be explored as part of a Public Art Program for Bigge Park.

At the Meeting, Council resolved to:

1. Notes this Interim Report related to a comprehensive investigation into a Public Art program at Bigge Park;

2. That the CEO is to commence an immediate process looking at art and any other necessary lighting and infrastructure within Bigge Park;

3. Open an Expression of Interest (EOI) process with artists;

4. Prepare a report to come back to Council in April 2024; and

5. To activate the creating of the concept of a circular walkway and to examine the concept.

A copy of the Resolution from the November 2023 Governance Committee Meeting is provided in Attachment 5.

Next Steps

Should Council endorse this Report and its associated recommendations, work will commence on securing delivery of the Public Art Program for Bigge Park, including:

1. Preparation and delivery of community and stakeholder engagement;

2. Development of a draft delivery program for identified public art elements;

3. Undertake required artist EOI’s and Agreements; and

4. Delivery of the Bigge Park Public Art Program.

FINANCIAL IMPLICATIONS

Costs associated with this recommendation are outside of Council’s current budget and Long-Term Financial Plan (LTFP). The impact on the budget and the LTFP are outlined in the following tables.

Public Art Program Benchmarking Summary

Delivery of the Public Art Program for Bigge Park will necessitate the allocation of funding (from general funds) for the next six consecutive financial years (i.e. 2024/25 FY to 2029/30 FY). This includes $250,000 per year for the artwork and $80,000 per year for project implementation and delivery costs associated with the Program.

Program Project Costs – 2024/25 to 2029/30

Public Art Program for Bigge Park
Large / Major Commission	Suspended sculptural artwork	$880,000
Medium Scale Commission*	Soundscape	$77,000
Medium Scale Commission*	Lighting / Digital	$77,000
Art Built into the public Domain*	Text Contemplation Walk	$27,500
	Shade Structure	$120,000
	Benches & seating	$132,000
	Amphitheatre seating	$22,000
	Storage Shed	$65,500
Temporary Art Projects and Activations	Artists workshops, film screenings	$99,000
Total		$1,500,000

Project Implementation and Delivery Cost – 2024/25 to 2029/30

Project implementation and delivery costs are estimated to be around $80,000 per year which includes resourcing, consultancy and any other costs associated with the delivery of the program.

Total Costs associated with Bigge Park Public Art Program – 2024/25 to 2029/30

Year	24 / 25 FY	25 / 26 FY	26 / 27 FY	27 / 28 FY	28 / 29 FY	29 / 30 FY	Total
Public Art Program	$250,000	$250,000	$250,000	$250,000	$250,000	$250,000	$1,500,000
Imp. & Delivery Cost	$80,000	$80,000	$80,000	$80,000	$80,000	$80,000	$480,000
Totals	$330,000	$330,000	$330,000	$330,000	$330,000	$330,000	$1,980,000

CONSIDERATIONS

Economic	Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	Provide cultural centres and activities for the enjoyment of the arts. Support policies and plans that prevent crime. Promote community harmony and address discrimination.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions.
Legislative	There are no legislative considerations relating to this report.
Risk	The risk is deemed to be Low.

ATTACHMENTS

1. Bigge Park Public Art Program Proposed Sites & Examples (Under separate cover)

2. Bigge Park Public Art Program: Proposed Locations (Under separate cover)

3. Council Resolution - 30 August 2023 (Under separate cover)

4. Governance Committee Bigge Park Public Art Program Interim Report (Under separate cover)

5. Governance Resolution ITEM 01 (Under separate cover)

Ordinary Meeting

24 July 2024

City Futures Report

CFD 02

The Parks Governance Review

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	218532.2024
Report By	Hiba Soueid - Manager City Strategy and Performance
Approved By	Shayne Mallard - Director City Futures

Executive Summary

The purpose of this report is to seek Council’s endorsement of an updated governance structure for The Parks (previously known as City Deal), an alliance of the eight Councils that make up the Western Parkland City and endorse its application to be a Section 358 entity under the Local Government Act 1993 constituted as an incorporated association under the Associations Incorporation Act 2020.

Council has had a longstanding relationship with the Western Sydney City Deal, being one of the founding member councils and signing the initial agreement in 2018. Since then, the Western Sydney City Deal has evolved into The Parks to better reflect the collaborative efforts and shared identity of the eight councils within the Western Parkland City.

Recently, a review was undertaken of the current governance model to improve the effectiveness of the alliance and maximise benefits for the member councils and their communities. This review, including independent options analysis and advice, engagement with all councils and consultation with the Minister for Local Government, identified that the existing governance model for The Parks be recommended to change

This updated governance model significantly lifts the potential of the alliance to deliver benefits for its member councils and the region, with no additional financial costs to members.

At its meeting on 29 May 2024 Council endorsed its continued membership of The Parks as a key strategic ally which offers benefits in collective advocacy, profiling and branding and shared networking. The proposed entity is in line with the advocacy and government relations strategic framework that was also endorsed at the May Council Meeting.

This report seeks Council’s endorsement of the updated governance model. Included in the report is the draft Constitution that would govern the organisation and provides all relevant information for Council to consider, including a report on Policy and Governance Implications and the Western Parkland Council’s Delivery Program.

The new governance model and recommendation to create an incorporated association has now been endorsed by all seven of the partner councils. Upon Council approval, the next steps involve seeking formal approval from the Minister for Local Government for the establishment of the entity, as required under the Act.

RECOMMENDATION

That Council:

1. Receive and note the report on the governance model for The Parks’, the strategic alliance of the eight Councils of the Western Parkland City led by the Mayors, and the need to update the governance model to increase effectiveness.

2. Note that this updated governance model retains the autonomy of all member Councils and brings with it no additional financial costs on members.

3. Receives a further report outlining the application to the Minister, including proposed governance and service level arrangements between Council and the new entity.

4. Endorses:

i) that the existing governance model for The Parks’ be updated to a Section 358 entity under the Local Government Act 1993 constituted as an incorporated association under the Associations Incorporation Act 2020 with primary responsibility for conducting research and gathering evidence to advocate effectively for the residents, businesses and visitors of the Western Parkland City and implement programs and initiatives that bring regional benefits.

ii) the attached Constitution as the Constitution for this organisation, to be known as the ‘The Parks’ Councils Organisation.

5. Subject to Ministerial consent, authorises the Mayor and General Manager to work with the other Councils’ Mayors and General Managers to establish the entity as per Section 358 of the Local Government Act 1993 and the OLG’s Guidelines for the Formation of Corporations and Entities (s358).

REPORT

Background – Western Sydney City Deal and The Parks alliance

The Western Sydney City Deal was signed by the Prime Minister, the Premier of NSW and the Mayors of the eight City Deal councils on 4 March 2018. A significant level of cooperation has developed amongst the councils since signing the City Deal. This collaboration has seen the successful completion of several commitments, as well as establishing effective relationships and collective advocacy between the councils.

Since then, the Western Sydney City Deal evolved into The Parks to better reflect the collaborative efforts and shared identity of the eight councils within the Western Parkland City. The name "The Parks" embodies the natural environment and green spaces that define the Western Parkland City. This transformation signified a commitment to a more cohesive and cooperative approach, aligning the councils' efforts towards common goals and regional development. By rebranding as The Parks and building on the foundation laid by the Western Sydney City Deal, the alliance aims to strengthen its position as a leading advocate for the residents and businesses in the region with a focus on sustainable growth, improved infrastructure, and enhanced community services.

A Relationship Framework for the Councils of the Western Parkland City and the subsequent

Memorandum of Understanding (MoU) was signed in February 2019 to confirm the intention

of each council to continue to investigate the feasibility and potential mechanisms to

establish a formal alliance or partnership for the 8 councils of the Western Parkland Region, this resulted in the establishment of The Parks as an alliance.

The Parks is an alliance of the eight Councils (hosted by Campbeltown Council) that make up the Western Parkland City: Blue Mountains, Camden, Campbelltown, Fairfield, Hawkesbury, Liverpool, Penrith, and Wollondilly. The Mayors of these Councils agreed to form the alliance in 2018 to collaboratively deliver the City Deal. This alliance was established as an s355 committee under the Local Government Act and is currently hosted by Campbelltown City Council.

Governance Review

Over the past six years, it has become evident that many of the challenging issues faced by the Western Parkland City communities, such as public transport connectivity, health and education services, digital connectivity, environmental emergencies, and economic development, are not confined within individual LGA boundaries. The inability to access WestInvest grant funding due to the office being hosted by Campbelltown City Council triggered further discussions regarding the establishment of a new entity for the alliance.

To improve the effectiveness of the alliance and maximise benefits for the member Councils and their communities, the Mayoral Forum initiated a review of the governance model. Morrison and Low were engaged to provide an unbiased and evidence-based recommendation regarding the best governance structure. Following desk research and interviews, they presented a comprehensive table of possible entities (Appendix B), recommending an s358 entity under the Local Government Act 1993 as the most suitable option.

On October 5, 2023, the Mayoral Forum endorsed updating the existing governance model to an s358 entity constituted as an Incorporated Association. This model was preferred over a Joint Organisation (s4000) due to the additional regulatory restrictions and financial costs associated with Joint Organisations.

The updated governance model retains the autonomy of all member Councils and imposes no additional financial costs on members. It significantly enhances the potential of the alliance to deliver benefits for its member Councils and the region.

Ministerial Consultation

A delegation of Mayors met with the Minister for Local Government, The Hon. Ron Hoenig MP, on February 26 to discuss the establishment of an s358 entity. The Minister was complimentary of The Parks' achievements to date, understood the objectives, and offered to consider the proposal following the preparation of a draft Constitution that sets out clear and transparent governance principles (Attachment C).

Proposed Governance Structure

The organisation will continue to have eight members, namely the eight Councils of the Western Parkland City: Blue Mountains City Council, Camden Council, Campbelltown City Council, Fairfield City Council, Hawkesbury City Council, Liverpool City Council, Penrith City Council, and Wollondilly Shire Council. Each Council would appoint one delegate to the Board of the organisation, and from those members, one President would be elected.

The Board would support the development and endorsement of the delivery program, operational plan, and financial budgets for the organisation and provide oversight of these plans and budgets. The delivery program and operational plan would be informed by detailed three-year financial projections.

This report includes the draft Constitution that will govern the organisation and seeks Council endorsement for the updated governance model to enhance the alliance's effectiveness in delivering regional benefits.

Next Steps

This report seeks Council endorsement of the updated governance model. Subject to Council approval, the next steps would involve seeking formal approval from the Minister for Local Government for the establishment of the entity, as required under the Act. Following Council and Ministerial approval, the new incorporated association would be registered with the Australian Securities and Investments Commission (ASIC) and as a charity.

The Executive Director of The Parks will prepare the application for the Office of Local Government based on the requirements set out in Formation of Corporations and Entities (s358) Guidelines dated January 2022 (Attachment F). The draft application will be tabled at a Council meeting and will address each of the aspects outlined in the Guidelines, including proposed governance and service level agreement arrangements between Council and the new entity.

A copy of the minutes showing that Council resolved to make an application to the Minister for approval, as well as a copy of the report must be supplied as part of the application.

Council also needs to complete the self-assessment questionnaire for submission to OLG (Attachment F) and Council’s Acting Chief Executive Officer must certify that the self-assessment and other documents have been prepared in accordance with the Guidelines.

The application to the Minister will include the Organisation’s Constitution (Attachment C), which outlines oversight mechanisms, the structure and requirements of the Board, purposes for which the Organisation is established, its operational structure and approval processes.

The transition of The Parks' operating model from being hosted by Campbelltown City Council to an s358 entity would enable The Parks to lead initiatives that benefit all residents, businesses, and visitors in the Western Parkland City. This ensures that Council is optimally positioned to capitalise on the economic and social benefits stemming from the construction of the Western Sydney International Airport. Additionally, The Parks will play a crucial role in advocating for local government interests to State and Commonwealth governments, ensuring that Liverpool Council's needs and concerns are more effectively addressed. This strategic shift aims to enhance collaboration, improve governance efficiency, and maximise outcomes for the entire region.

FINANCIAL IMPLICATIONS

It is proposed that the organisation continue to receive base funding from Council (at the same rate as hitherto), but actively pursue other sources of financial support including grants to enhance its program offerings and its contribution to the community and lessen the financial burden on council.

CONSIDERATIONS

Economic	The transition of The Parks' operating model from being hosted by Campbelltown City Council to an s358 entity would ensure that Council is positioned to capitalise on the economic and social benefits stemming from the construction of the Western Sydney International Airport.
Environment	The transition will allow the Parks to further build on improving environmental outcomes for the city, especially in the areas of sustainable land planning and development as well as promoting healthy built environments.
Social	The proposal has a multitude of social benefits for council, including its ability to partner with councils across the region on priorities that cross local government boundaries.
Civic Leadership	The proposal aims to improve Council’s civic leadership, including its ability to represent the region via tripartite forums and collective advocacy and networking.
Legislative	Section 358 of the Local Government Act 1993 requires Ministerial consent prior to the establishment of an incorporated association. Section 377 (1)(s) of the Local Government Act 1993 requires Council to approve the making of an application to the Minister. The Office of Local Government’s Formation of Corporations and Entities (Section 358 Guidelines) (Attachment F) sets out the procedures and processes to be followed when councils are considering making an application to the Minister for consent. The Associations Incorporation Act 2020 guides the establishment of the incorporated association. The Treasury Laws Amendment (2021 Measures No. 2) Bill 2021 requires any non-government not-for-profit organisation be registered as a charity with the Australian Charities and Not-for-Profit Commission to be endorsed as a Deductible Gift Recipient.
Risk	To manage and mitigate against any potential risk to member Councils, a risk management plan has been developed, which identifies and analyses any actual or potential risks associated with the project. (Attachment E) In addition, if Council does not endorse the application to become an incorporated organisation it faces significant relationship and reputational risks as it is stepping away from a key strategic alliance.

ATTACHMENTS

1. Attachment A - Policy and Governance Implications (Under separate cover)

2. Attachment B - Governance and Structure Options Matrix (Under separate cover)

3. Attachment C - The Parks Sydneys Parkland Councils Draft Incorporated Constitution (Under separate cover)

4. Attachment D1 - Proposed Service Deliverables (Under separate cover)

5. Attachment D2 - Western Parkland Councils Delivery Program (Under separate cover)

6. Attachment E - The Parks Risk Management Program (Under separate cover)

7. Attachment F - S358 Guidelines (Under separate cover)

Ordinary Meeting

24 July 2024

Operations Report

OPER 01

Electric Vehicle (EV) Charging Stations on Public Land Policy

Strategic Objective	Liveable, Sustainable, Resilient Promote and advocate for an integrated transport network with improved transport options and connectivity
File Ref	219257.2024
Report By	Karen Visman - Acting Coordinator Environment Management
Approved By	Peter Scicluna - Acting Director Operations

Executive Summary

This report presents the draft Electric Vehicle (EV) Charging Stations on Public Land Policy and seeks endorsement to place the documents on public exhibition.

RECOMMENDATION

That Council:

1. Endorses the draft Electric Vehicle (EV) Charging Stations on Public Land Policy to be placed on public exhibition for 28 days; and

2. Receives a further report seeking endorsement of the Electric Vehicle (EV) Charging Stations on Public Land Policy following consideration of comments received during the public exhibition.

REPORT

Policy Background

The Electric Vehicle (EV) Charging Stations on Public Land Policy (the Policy) aims to guide the installation and management of EV charging infrastructure on Council owned and managed land in the Liverpool Local Government Area.

EV uptake is increasing in NSW and Council has received multiple requests from private organisations to install chargers within Liverpool. The Policy is being developed to facilitate the installation of charging infrastructure in a way that is responsible and protects Council from potential risks.

The policy also has a nexus with Council‘s Climate Change Policy and Liverpool Climate Action Plan, which were endorsed in 2022. These documents include an objective to promote and advocate for an integrated transport network with improved transport options and connectivity.

Policy Intent and Scope

The Policy intends to:

· Establish technical and design requirements for charging infrastructure on Council owned and managed land

· Set the role and obligations of EV charging providers

· Coordinate the rollout to make sure the right chargers are put in the right locations across the LGA

· To increase provider accountability and ensure chargers are provided responsibly.

The Policy aims to inform:

· Assessment and approval of applications from EV charging providers

· Decision-making over financial investment for charging infrastructure

· Council’s fleet transition plan

· the use of private chargers on public land

Proposed Role of Council under the Policy

Council will primarily take an assessor role, ensuring the network, technical and design requirements of the Policy are being complied with and that EV charging installations align with other Council policies.

Consultation and Development of the Policy

ARUP was engaged to lead the development of the Policy and supporting resources. The development of the draft Policy involved two technical engagement workshops with staff. A presentation on the draft Policy was made at the Environment Advisory Committee (EAC) meeting held on 15 April 2024 to provide a briefing and seek preliminary feedback. Further feedback will be sought from the EAC during the public exhibition period.

Next Steps

It is now proposed to place the Policy on public exhibition for 28 days to seek feedback from the community. EAC feedback and further input from internal stakeholders will be sought concurrently with the exhibition period.

After consideration of comments received during the exhibition period, it is proposed to report back to Council with a revised Policy to seek endorsement.

FINANCIAL IMPLICATIONS

Financial implications will be the subject of consideration for each installation. The Policy aims to clarify potential financial considerations rather than limiting the procurement approaches available to Council. It is anticipated that the provider will be responsible for the cost of the EV charging infrastructure (including installation, operation, maintenance, and decommissioning) under an agreement with Council.

CONSIDERATIONS

Economic	Transitioning to electric vehicles presents a significant opportunity for community emissions and cost reduction.
Environment	Enabling zero-emission travel for residents who rely on cars, but do not have access to charging at home.
Social	The Policy aims for an equitable roll out of chargers that fills in network gaps, in which all Liverpool residents retain reasonable access to parking and charging infrastructure.
Civic Leadership	Act as an environmental leader in the community.
Legislative	· Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Transport and Infrastructure) 2021 – Subdivision 3 Electric vehicle charging units · Roads Act 1993 · Local Government Act 1993 · Road Rules 2014
Risk	The Policy will help mitigate risks associated with entering into agreements with charger providers

ATTACHMENTS

1. Draft Electric Vehicle (EV) Charging Stations on Public Land Policy (Under separate cover)

2. Draft Electric Vehicle Charging Stations on Public Land Policy - Overarching Strategy Document (Under separate cover)

Ordinary Meeting

24 July 2024

Committee Reports

CTTE 07

Minutes of the Governance Committee meeting held on 9 July 2024

Strategic Objective	Visionary, Leading, Responsible Position Council as an industry leader that plans and delivers services for a growing city
File Ref	226207.2024
Report By	Melissa Wray - Council and Executive Support Officer
Approved By	Tina Bono - Director Community & Lifestyle

Executive Summary

A Governance Committee Meeting was held on 9 July 2024.

This report attaches a copy of the minutes of the meeting for Council endorsement.

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Governance Committee meeting held on 9 July 2024; and

2. Endorse the recommendations in the Minutes.

REPORT

The Minutes of the Governance Committee meeting held on 9 July 2024 are attached to this report.

Resolutions requiring endorsement include: -

ITEM 01 – Infrastructure and Planning Committee – Reform of Council's Contributions Planning Framework

1. Receives and notes this Report.

2. Notes the phased approach to the transformation program of Council’s Contributions

Planning Framework, with the initial phase (Phase 1) focusing on the review and

reform of the Liverpool Contributions Plan 2009, Liverpool Contributions Plan 2018 –

Established Areas, and Liverpool Contributions Plan 2018 – Liverpool City Centre.

3. Receives quarterly updates on the progress of the program to transform Council’s

Contributions Planning Framework.

ITEM 03 – Infrastructure and Planning Committee – Development Assessment

1. Receives and notes the Development Assessment report.

2. Delegates future Development Assessment reports to be tabled as a Councillor

Update, noting the Governance Committee Meeting lead in times, and that the data

for the report can only be run at the start of the new month.

ITEM 04 – Strategic Priorities Committee – Grants Donations and Sponsorship Program Delivery 2023-2024 FY

1. Notes the successful delivery of the Grants Donations and Community Sponsorship

Program and appropriate utilisation of the allocated budget (FY 2023 - 2024) and a

congratulations.

2. To investigate and design a promotional awareness piece around matching grants,

then bring a report back to the committee.

ITEM 06 – Strategic Performance Committee – Draft Complaints and Compliments Management Policy

1. Considers and comments on the Draft Complaints and Compliments Management

Policy

2. Agrees the Draft Complaints and Compliments Management should go forward to

Council with a recommendation that:

(a) Council agrees the Draft Complaints and Compliments Management Policy be

placed on public exhibition for a period of not less than 28 days.

(b) Council authorises the CEO to adopt the Draft Complaints and Compliments

Management Policy if no representations are received during the period of public

exhibition.

(d) Council authorises the CEO or delegate to make minor changes to the Complaints

and Compliments Management Policy.

General Business

Councillor Harle would like to address the issue of illegal truck parking after hours that is

starting to become a major issue. Councillor Harle recommended that council commences asemi regular basis in some areas so people are unable to take it for granted that they can

park their trucks after hours. Assign the Rangers to the task of a semi regular basis blitz on

different days in different areas, but on a regular basis.

An Executive Leadership Team workshop has been scheduled for Monday 29 July 2024.

Bring a report back to council after the workshop with safety being the focus and available

options for addressing the growing issue.

FINANCIAL IMPLICATIONS

None of the actions contained in the minutes will have a financial impact on Council.

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	There are no legislative considerations relating to this report.
Risk	The risk is deemed to be low and is within Council’s risk appetite.

ATTACHMENTS

1. Minutes of the Governance Committee Meeting held on 9 July 2024

1
PLAN 01	Draft Compliance and Enforcement Policy
Attachment 1	Draft Compliance and Enforcement Policy Post Exhibition

1
PLAN 01	Draft Compliance and Enforcement Policy
Attachment 2	Post Exhibition Report

1
PLAN 06	Quarterly Report - Clause 4.6 Variations to Development Standards
Attachment 1	Clause 4.6 Variation Register

1
CTTE 01	Minutes of the Community Safety & Crime Prevention Advisory Committee Meeting 6 June 2024
Attachment 1	Community Safety & Crime Prevention Advisory Committee Minutes 6 June 2024

Strategic Objective	Healthy, Inclusive, Engaging Communicate, listen, engage and respond to the community by encouraging community participation
File Ref	207496.2024
Report By	Noelle Warwar - Manager Community Standards
Approved By	Lina Kakish - Director Planning & Compliance

1
CTTE 02	Minutes of the Companion Animals Advisory Committee Meeting held on 4 June 2024
Attachment 1	Minutes of the Companion Animals Advisory Committee Meeting held on 4 June 2024

Strategic Objective	Evolving, Prosperous, Innovative Maintain strong relationships with agencies, stakeholders and businesses to achieve beneficial outcomes for the city
File Ref	216801.2024
Report By	Jennifer Reynolds - Senior Officer, Business Development
Approved By	Shayne Mallard - Director City Futures

Economic	Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate economic development.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	There are no social and cultural considerations.
Civic Leadership	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.

1
CTTE 03	Minutes of the Intermodal Precinct Committee Meeting 03 June 2024
Attachment 1	Minutes of the Intermodal Precinct Committee Meeting 03 June 2024

Economic	Facilitate economic development. Facilitate the development of new tourism based on local attractions. Culture and creative industries.
Environment	There are no environmental and sustainability considerations.
Social	Provide cultural centres and activities for the enjoyment of the arts.
Civic Leadership	Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions.
Legislative	There are no legislative considerations relating to this report.
Risk	There is no risk associated with this report.

1
CTTE 04	Minutes of the Tourism and CBD Committee Meeting 18 June 2024
Attachment 1	Minutes of the Tourism and CBD Committee Meeting June 2024

1
CTTE 05	Minutes of the Environment Advisory Committee Meeting held on 15 April 2024
Attachment 1	EAC Minutes_15 April 2024

1
CTTE 06	Minutes of the Liverpool Youth Council Meeting held on Tuesday 11 June 2024
Attachment 1	Minutes of the Liverpool Youth Council meeting held on 11 June 2024.