COUNCIL AGENDA

 

Ordinary Council Meeting

10 December 2024

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Liverpool Civic TOWER Council Chambers, Level 1, 50 Scott Street, Liverpool NSW 2170

 

 

 

 

 

 

 

 

 

 

 

 

 

 

You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Liverpool Civic tower Council Chambers, Level 1, 50 Scott Street, Liverpool NSW 2170 on Tuesday, 10 December 2024 commencing at 2:00pm. Doors to the Chamber will open at 1.50pm.

 

Liverpool City Council Meetings are livestreamed onto Council’s website and remain on Council’s website for a period of 12 months.  If you have any enquiries, please contact Council and Executive Services on 8711 7781.

 

Mr Jason Breton

ACTING CHIEF EXECUTIVE OFFICER

 

 

 

 

 

 

 

 

 

 

 

Statement of Ethical Obligations

 

Oath or Affirmation of Office

 

In taking the Oath or Affirmation of Office, each Councillor has made a commitment to undertake the duties of the office of councillor in the best interests of the people of Liverpool and Liverpool City Council and that they will faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act 1993 or any other Act to the best of their ability and judgment.

 

Conflicts of Interest

 

A councillor who has a conflict of interest in any matter with which the council is concerned, and who is present at a meeting of the council when the matter is being considered, must disclose the interest and the nature of the interest to the meeting as soon as practicable. Both the disclosure and the nature of the interest must be recorded in the minutes of the Council meeting where the conflict of interest arises. Councillors should ensure that they are familiar with Parts 4 and 5 of the Code of Conduct in relation to their obligations to declare and manage conflicts of interests.

 

 

 

 

 

 

 

Order of Business

                                                                                                              PAGE     TAB

Opening

Acknowledgment of Country and Prayer

National Anthem

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 20 November 2024 and Ordinary Council Meeting held on 26 November 2024 ....................................................................................................................... 7

Declarations of Interest

Public Forum

Mayoral Report

 

Notices of Motion Of Rescission

NIL

Chief Executive Officer Reports

NIL

Planning & Compliance Reports

PLAN 01         Middleton Grange DCP Amendment - Post Exhibition Report…………….. 84            1

PLAN 02         Liverpool Local Traffic Committee - Committee Charter Update………….. 98            2

PLAN 03         Implementing a Minimum Lot Size for Dual Occupancies in the

                        R2 Zone………………………………………………………………………… 126            3

PLAN 04         Planning Proposal - Heritage Listing for Lot 17 Leacocks Lane,

                        Casula......................................................................................................... 139            4

PLAN 05         Status of Planning Agreements Under Negotiation................................... 145            5

PLAN 06         Financial Status of Council's Contributions Plans..................................... 175            6

Community & Lifestyle Reports

COM 01          Report back to Council: Edmondson Park Residents Advisory Group..... 197            7

COM 02          Annual Contribution to South West Sydney Academy of Sport

                        (SWSAS).................................................................................................... 201            8

COM 03          Grants Donations and Community Sponsorship Report............................ 209            9

COM 04          Policy Review - Code of Meeting Practice

                        To be provided in the Addendum Book later in the week

 

Corporate Support Reports

CORP 01        Revoking of Internal Ombudsman Policy..................................................... 221....... 10

CORP 02        Public inquiry update.................................................................................... 234....... 11

Customer Experience & Business Performance Reports

NIL

City Futures Reports

CFD 01           Ireland Park Masterplan Update................................................................... 242....... 12

CFD 02           Craik Park - Final Master Plan and Draft Plan of Management................... 253....... 13

CFD 03           How to expedite the delivery of parks in Austral and Edmondson Park...... 272....... 14

CFD 04           Tree Management Framework (Tree Policy, Tree Management Strategy, and Tree Management Technical Guidelines)............................................................. 279....... 15

CFD 05           Community Engagement Strategy 2024...................................................... 289....... 16

Operations Reports

OPER 01        Draft Plan of Management for Light Horse Park.......................................... 294....... 17

OPER 02        Koalas on Heathcote Road........................................................................... 305....... 18

OPER 03        Streetsweeper Operations............................................................................ 309....... 19

OPER 04        Neighbourhood Areas Reinstatement.......................................................... 313....... 20

Committee Reports

CTTE 01         Minutes of the Aboriginal Consultative Committee meeting held on 7 November 2024.............................................................................................................. 318....... 21

CTTE 02         Minutes of the Community Safety & Crime Prevention Advisory Committee held 7 November 2024............................................................................................ 324....... 22

CTTE 03         Minutes of the Tourism and CBD Committee Meeting held on 29 October 2024    330 23

CTTE 04         Minutes of the Liverpool Local Traffic Committee held 06 November 2024 337....... 24

Questions with Notice

QWN 01          Question with Notice - Clr Harte - Casula Powerhouse Arts Centre........... 347....... 25

QWN 02          Question with Notice - Clr Harte - Council Facility Patronage..................... 356....... 26

Presentations by Councillors

 

Notices of Motion

NOM 01          Lebanon Foreign Aid.................................................................................... 366....... 27

NOM 02          Liverpool Olympic......................................................................................... 368....... 28

NOM 03          Land Acquisitions and Detention Basins...................................................... 370....... 29

 

 

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    Rate Modelling and Liverpool Civic Place Valuation

Reason:     Item CONF 01 is confidential pursuant to the provisions of s10A(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    Edmondson Ave Upgrade

Reason:     Item CONF 02 is confidential pursuant to the provisions of s10A(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    Compulsory Acquisition of 155 Fourth Avenue, Austral for open space and drainage purposes.

Reason:     Item CONF 03 is confidential pursuant to the provisions of s10A(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    Proposed Acquisition of Lot 8 in Plan of Acquisition DP 1289743, Pt 25 Bernera Road, Prestons for road widening purposes

Reason:     Item CONF 04 is confidential pursuant to the provisions of s10A(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    Proposed Granting of an Easement to Drain Water over Council's land known as Discovery Park, Lot 77 DP 27242, 40 Atkinson Street, Liverpool

Reason:     Item CONF 05 is confidential pursuant to the provisions of s10A(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    Report on Council’s Financial Position

Reason:     Item CONF 06 is confidential pursuant to the provisions of s10A(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.

                   To be provided in Confidential Addendum Book later in the week

 

Close

 

MINUTES OF THE Ordinary Meeting

HELD ON 20 November 2024

 

PRESENT:

Mayor Ned Mannoun

Councillor Adjei

Councillor Ammoun

Councillor Dr Green

Councillor Harle

Councillor Harte

Councillor Ibrahim

Councillor Karnib

Councillor Macnaught

Councillor Monaghan

Councillor Ristevski

Mr Jason Breton, Acting Chief Executive Officer

Mr Farooq Portelli, Director Corporate Support

Mr Craig Lambeth, Acting Director Community & Lifestyle

Ms Lina Kakish, Director Planning & Compliance

Ms Michelle Mcilvenny, Director Customer & 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 Vishwa Nadan, Chief Financial Officer

Ms Clara McGuirk, Manager Cultural Venues and Events

Ms Jacqueline Newsome, Acting Manager Civic and Executive Services 

Ms Katrina Harvey, Councillor Executive and Support Officer

Ms Gabriella Rojas, Acting Councillor Executive and Support Officer

Ms Susan Ranieri, Coordinator Council and Executive Services (minutes)

 

The meeting commenced at 2.01pm.

 

 

STATEMENT REGARDING WEBCASTING OF MEETING	The Mayor read the following:   “In accordance with clause 5.34 of Council’s Code of Meeting Practice, I inform the persons attending this meeting that: (a)    the meeting is being recorded, livestreamed and made publicly available on the council’s website, and (b)    persons attending the meeting should refrain from making any defamatory statements.”
ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION	The prayer of the Council was read by Father Paul Monkerud from All Saints Catholic Church.
NATIONAL ANTHEM	The National Anthem was played at the meeting.
COUNCILLORS ATTENDING REMOTELY      be granted permission to attend the meeting via MS Teams. NIL.

 

APOLOGIES

 

NIL.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONDOLENCES

 

ITEM NO:	COND 01
SUBJECT:	Elizabeth Reyel (read by Mayor Mannoun)
On behalf of Liverpool City Council, I wish to express our deepest condolences on the passing of Elizabeth Reyel on 9 October 2024.   Elizabeth was an integral member of the Council team for over 21 years, commencing her journey with us in January 2003 as a Customer Service Officer. She later transitioned to Procurement in August 2014, where her dedication, professionalism, and positivity left a lasting impression on her colleagues and the organisation.   Born in the Philippines as the sixth of seven children, Elizabeth’s upbringing instilled in her a strong work ethic. She excelled academically, graduating top of her class and achieving her qualification as a Certified Public Accountant. In 1982, she married her husband, and together they built a beautiful family. The Reyel family immigrated to Australia in 2002, making Liverpool their home and enriching our community with their presence and contributions.   Elizabeth’s commitment to her work was matched only by her devotion to her family and faith. Known as Betsy to her friends, Mom to her children, and Oma to her grandchildren, she was a pillar of love and support to all who knew her.   Elizabeth is survived by her husband, her three daughters, her two grandsons, and her extended family.   Council acknowledges Elizabeth’s outstanding contributions to Liverpool City Council and the Liverpool community. Her legacy of kindness, dedication, and excellence will not be forgotten.   We extend our heartfelt sympathies to Elizabeth’s family, friends, and colleagues during this difficult time. May her memory serve as a source of comfort and strength to those who loved her.   Rest in peace, Elizabeth Reyel.
Motion:                                 Moved: Mayor Mannoun       Seconded: Clr Dr Green   That a one minute silence be held for Elizabeth Reyel. On being put to the meeting the motion was declared CARRIED.   A one minute silence was then held for Elizabeth Reyel.

 

 

 

 

Declarations of Interest

 

Deputy Mayor Harle declared a non-pecuniary, but significant interest in the following item:

 

Item:          CONF 04 - 2025 Australia Day Awards.

 

Reason:     He was nominated for an Australia Day Award.

 

Deputy Mayor Harle stated he would leave the Chamber for the duration of this item.

 

Note: the Council meeting was adjourned before this item was debated and will therefore be dealt with when the meeting reconvenes on 26 November 2024.

 

Clr Dr Green declared a non-pecuniary, less than significant interest in the following item:

 

Item:          CONF 04 - 2025 Australia Day Awards.

 

Reason:     Clr Dr Green knows one of the nominees that have been nominated for an                      Australia Day Award.

 

Clr Dr Green stated she would leave the Chamber for the duration of this item.

 

Note: the Council meeting was adjourned before this item was debated and will therefore be dealt with when the meeting reconvenes on 26 November 2024.

Confirmation of Minutes

 

Motion:                                  Moved: Clr Green                 Seconded: Clr Ammoun

 

That the minutes of the Ordinary Meeting held on 16 October 2024 be confirmed as a true record of that meeting with an amendment to the following item:   For item COM 02 - Appointment of Councillors to Committees and Affiliated Bodies Clr Dr Green was incorrectly listed as a Councillor appointed to the Liverpool Sports Committee. Clr Dr Green’s name is to be removed as a Councillor appointed to the Sports Committee.   The Extraordinary Meeting held on 12 November 2024 be confirmed as a true record of that meeting.   On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.

Public Forum

Presentation – items not on agenda

1.       Fariha Dean and Zeina Sawalhi addressed Council on the following item:

Liverpool Youth Council – HSC Tutoring Program.

 

2.         Diana Vukovic addressed Council on the following item:

Lawson Road and Cuthell Road, Badgerys Creek.

 

Representation – items on agenda

 

1.         Fari Salievski on behalf of the Board of the Liverpool Chamber of Commerce addressed Council on the following item:

          NOM 02 – Business Stimulation for George Street, Liverpool.

 

 

Mayoral Minute   ITEM:             mayor o1 SUBJECT:     The Office of Local Government's Review of the Councillor Conduct                  Framework

MOVED BY:   Mayor Ned Mannoun DATE:            20 November 2024

The Office of Local Government is completing a comprehensive review of the Councillor Conduct Framework, proposing updates to promote accountability, transparency, and integrity across New South Wales councils. These recommendations cover critical areas, including clearer behavioural standards, a refined dispute resolution and penalty framework, and measures to restore professionalism in council meetings. Liverpool City Council’s endorsement of these changes reflects our commitment to governance, excellence and public trust. Key Recommendations being considered: Changes to the Code of Conduct and Oath of Office: o    Enhanced Code of Conduct Requirements: The OLG proposes aligning councillor conduct with parliamentary standards, establishing clearer behavioural expectations. Updates to the Oath of Office will further reinforce councillors’ commitment to ethical public service​. Changes to the Definitions and Assessment of Councillor Behaviour: o    Clearer Behavioural Definitions: Revised definitions are proposed to better address significant conduct issues and reduce minor complaints, focusing the complaints process on substantive matters. o    Stricter Regulations for Property Developers and Real Estate Agents: The OLG recommends stricter standards for councillors with ties to property development or real estate to address potential conflicts of interest, ensuring impartial decision-making. o    Addressing Inappropriate Lobbying: The OLG proposes guidelines to address inappropriate lobbying, ensuring councillors engage with stakeholders transparently and avoid undue influence that could impact council decisions​. Changes to Dispute Resolution and Penalty Framework: o    State-Wide Peer Panel for Behavioural Issues: A state-wide panel of experienced councillors would handle behaviour-related complaints, providing a fair and peer-reviewed oversight mechanism. o    Centralized Conflict of Interest Management: The OLG recommends managing significant conflicts of interest at a state level, applying a structured penalty system to ensure consistency across councils. o    Referral of Significant Sanctions: For serious breaches, the OLG proposes that significant sanctions be referred to an appropriate independent tribunal or body, ensuring that higher-level penalties are reviewed and administered by an impartial authority​. Restoring Dignity to Council Meetings: o    Increased Transparency and Order in Meetings: The OLG recommends empowering mayors to address disruptions by imposing sanctions to ensure respect and order within council proceedings. Banning Closed-Door Councillor Sessions: To improve transparency, the OLG suggests banning private councillor briefings, ensuring all council deliberations remain accessible to the public and fostering community trust​. These recommendations represent essential reforms aimed at upholding integrity, transparency, and accountability in local councils across New South Wales. By supporting these changes, Liverpool City Council demonstrates its commitment to the highest standards of governance and professional conduct in serving our community. Recommendation: That Council: 1.    Formally endorses each recommendation in the OLG’s review of the Councillor Conduct Framework, recognising these changes as essential for maintaining and enhancing public trust in local government. 2.    Makes a submission to the OLG outlining its formal endorsement in support of the proposed framework. 3.    In its submission, advocates for the NSW Government to consider adopting a similar conduct framework at the state level, ensuring consistency and reinforcing public confidence in governance across all tiers. 4.    Directs the Acting CEO to submit Liverpool City Council’s endorsement by the OLG’s specified deadline. 5.    Immediately implement open door Briefing Sessions. Write to the Minister expressing our support. COUNCIL DECISION:   Motion:                                  Moved: Mayor Mannoun     That the recommendation be adopted. On being put to the meeting the motion was declared LOST. Division called: Vote for:           Mayor Mannoun, Clr Adjei, Clr Ammoun, Clr Harte and Clr Macnaught. Vote against:   Clr Dr Green, Clr Harle, Clr Ibrahim, Clr Karnib, Clr Monaghan and Clr Ristevski*.   *Note: Clr Ristevski did not vote for or against the motion. Therefore in accordance with Clause 11.4 of Council’s Code of Meeting Practice (as shown below), he is recorded as voting against the motion:   “A councillor who is present at a meeting of the council but who fails to vote on a motion put to the meeting is taken to have voted against the motion.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mayoral Minute   ITEM:             mayor o2 SUBJECT:     Mosquitoes

MOVED BY:   Mayor Ned Mannoun DATE:            20 November 2024

The mosquito plague in East Liverpool has severely impacted residents and has caused significant disruption to daily life. The oxiponds at Sydney Water’s Water Recycling Plant in Warwick Farm was discovered by Associate Professor Cameron Webb as the primary source of excess mosquito breeding impacting residents in Chipping Norton and beyond. The excess mosquito breeding was caused by the oxiponds being over-run by frogbit weed, and turned into an 8 hectare body of stagnant water. Sydney Water and the NSW Government have responded to the emergency and are working to clear the pond, however this is of little comfort to local residents.   We have never seen anything like this before.   Recommendation:   That Council: 1.    Write to the NSW government requesting that they do all in their power to mitigate the current mosquito plague in the Liverpool LGA. 2.    Request a detailed report from the NSW Government on how this occurred and how they will ensure that this will never happen again. 3.    Request that Sydney Water compensate all impacted residents for the inconvenience caused   COUNCIL DECISION Motion:                                  Motion: Mayor Mannoun   That Council: 1.    Write to the NSW Government requesting that they do all in their power to mitigate the current mosquito plague in the Liverpool LGA. 2.    Request a detailed report from the NSW Government on how this occurred and how they will ensure that this will never happen again. 3.    Request that Sydney Water compensate all impacted residents for the inconvenience caused. 4.    Receive a report on how the open stormwater drainage channels contribute to mosquito populations. 5.    Write to the relevant Federal and State Ministers asking them about what their strategies are to eliminate frogbit.   On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning & Compliance Reports

 

ITEM NO:       PLAN 01

FILE NO:        339099.2024

SUBJECT:     Quarterly Report - Clause 4.6 Variations to Development Standards

 

Motion:                                  Moved: Clr Adjei                  Seconded: Clr Green   That this item be dealt with later in the meeting. On being put to the meeting was declared CARRIED.

 

 

ITEM NO:       PLAN 02

FILE NO:        343629.2024

SUBJECT:     Revocation of the Companion Animal Advisory Committee

 

COUNCIL DECISION   Motion:                                  Moved: Clr Dr Green            Seconded: Clr Macnaught   That Council:   1.    Resolves the dissolution of the Companion Animal Advisory Committee.   2.    Direct the Acting CEO for a similar report to be provided to Councillors at the same frequency as was reported to the Committee. The report can be provided via the Councillor Update.   Emphasise its continual commitment to the delivery of an animal shelter for the animals of the Liverpool Local Government Area as a matter of urgency.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

MOTION OF URGENCY

 

 

ITEM NO:	MOU 01
SUBJECT:	Support for Community Café
Clr Ammoun requested Mayor Mannoun accept a Motion of Urgency in relation to support for Community Café. He stated it was urgent because the Christmas Handout event is scheduled for 15th December 2024 and there is insufficient time to apply for grants. In accordance with Clause 9.3 of Council’s Code of Meeting Practice, Mayor Mannoun ruled the above matter as urgent and as such it was dealt with at this meeting as shown below:   Background Over the weekend, Community Café - a vital community organisation that supports families and individuals in need - experienced a significant break-in. The perpetrators stole items essential for the Café’s operations, including: ·         Toys, toasters, kettles, dinner sets, pots and pans, cutlery, mugs, and glasses. ·         Crates filled with skincare products, underwear, socks, and toiletries. A vehicle belonging to YADA, which was used to transport stolen items and break through the security gates. The total estimated value of the stolen items and damages is approximately $20,000. Community Café plays a crucial role in supporting vulnerable members of our community, especially during the festive season. Their services ensure that families have access to essentials, dignity, and hope during a time of year that should be marked by joy and giving. The theft directly jeopardizes their ability to provide this support, particularly as Christmas approaches. Proposal That Council: 1.    Approves an emergency grant of $5,000 to Community Café to assist with the immediate replacement of critical items and support their continued operations. Works with Community Café to explore longer-term measures to enhance security and prevent future incidents, including funding opportunities and partnerships.       COUNCIL DECISION   Motion:                                  Moved: Clr Ammoun            Seconded: Clr Dr Green   That Council: 1.    Approves an emergency grant of $5,000 from the reserve funds from Community Grants Fund to Community Café to assist with the immediate replacement of critical items and support their continued operations. Works with Community Café to explore longer-term measures to enhance security and prevent future incidents, including funding opportunities and partnerships. On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

 

MOTION OF URGENCY

 

ITEM NO:	MOU 02
SUBJECT:	Immediate Donation to Assist Humanitarian Crisis in Lebanon.
Clr Ammoun requested Mayor Mannoun accept a Motion of Urgency in relation to immediate donation to assist humanitarian crisis in Lebanon. He stated it was urgent because Lebanon is about to enter the winter season in December and his proposed motion of urgency relates to donating money for blankets before winter. In accordance with Clause 9.3 of Council’s Code of Meeting Practice, Mayor Mannoun ruled the above matter as urgent and as such it was dealt with at this meeting as shown below:   Background: In September 2024, large-scale cross-border attacks escalated in Lebanon, resulting in over 1,000 deaths and 6,352 injuries in less than two weeks. Since October 2023, the total casualties have surpassed 1,800 killed and 9,100 injured, including civilians, healthcare workers, and humanitarian staff.   The conflict has severely disrupted essential services, destroyed critical infrastructure, and displaced hundreds of thousands of people. As of 30 September 2024, the International Organization for Migration (IOM) Displacement Tracking Matrix (DTM) identified 346,209 internally displaced persons (IDPs), including over 31,000 families (137,000 individuals) residing in 820 collective shelters. Additionally, more than 175,000 Lebanese and Syrians have fled to Syria to escape the violence.   Liverpool has a deep connection to Lebanon through our vibrant Lebanese-Australian community. This motion calls for Council to provide immediate assistance, demonstrating our city’s commitment to international humanitarian efforts and solidarity with those impacted by this crisis.   I urge my fellow Councillors to support this motion and act swiftly to help alleviate the suffering caused by this devastating conflict.   Recommended Motion: That Liverpool City Council: Acknowledges the severe humanitarian crisis currently unfolding in Lebanon, exacerbated by escalating conflict and displacement. Recognises the shared cultural and community ties between Liverpool and Lebanon, given the strong Lebanese-Australian community in our city. Approves an immediate donation of $20,000 to a reputable humanitarian organisation such as AusRelief, actively working on the ground in Lebanon to provide critical relief to those affected. Directs the Acting CEO to expedite the transfer of these funds and report back to Council on the organisation selected and the impact of the donation.     COUNCIL DECISION:   Motion:                                  Moved: Clr Ammoun            Seconded: Clr Karnib   That Liverpool City Council: Acknowledges the severe humanitarian crisis currently unfolding in Lebanon, exacerbated by escalating conflict and displacement. Recognises the shared cultural and community ties between Liverpool and Lebanon, given the strong Lebanese-Australian community in our city. Approves an immediate donation of $20,000 from Community Grants Funds to a reputable humanitarian organisation such as AusRelief, actively working on the ground in Lebanon to provide critical relief to those affected following due diligence. Directs the Acting CEO to expedite the transfer of these funds and report back to Council on the organisation selected and the specific impact of its donation.    On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.   recess   Mayor Mannoun called a recess of meeting at 3.31pm.   RESUMPTION OF MEETING   The meeting resumed in open council with all Councillors present at 3.48pm

 

 

 

 

 

Community & Lifestyle Reports

 

ITEM NO:       COM 01

FILE NO:        315382.2024

SUBJECT:     Report Back to Council: 2168 Children's Parliament

 

COUNCIL DECISION   Motion:                                  Moved: Clr Ristevski           Seconded: Clr Monaghan   That Council:   1.    Receives and notes this report. Investigate funding options for the implementation of the following:- i.   Improvement of street lighting $50,000. ii. Speed humps $150,000 iii. Quantity Surveyors report $30,000. 3.    Direct the Acting CEO to prepare a report on the availability of funds for implementing the motion.  Commends the 2168 Children’s Parliament. On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.

 

Planning & Compliance Report

 

ITEM NO:       PLAN 01

FILE NO:        339099.2024

SUBJECT:     Quarterly Report - Clause 4.6 Variations to Development Standards

 

COUNCIL DECISION   Motion:                                  Moved: Clr Adjei                  Seconded: Clr Dr Green   That Council receives and notes the report.    On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

Community & Lifestyle Reports

 

ITEM NO:       COM 02

FILE NO:        343684.2024

SUBJECT:     Grants Donations and Community Sponsorship Report

 

COUNCIL DECISION   Motion:                                  Moved: Clr Dr Green            Seconded: Clr Ammoun   That Council:   Endorses the funding recommendation of $32,390 (GST exclusive) under the Community Grant Program for the following projects: Applicant Project Recommended ESCA Bags Domestic Violence Escape Bags Program $10,000 Stand Tall Australia Limited Stand Tall Liverpool Event $10,000 Good360 Australia Bridging the digital divide in Liverpool $9,840 Grand Pacific Health Headspace Liverpool Path to Resilience $2,550   Endorses the funding recommendation of $30,000 (GST exclusive) under the Community Sponsorship Program for the following project: Applicant Project Recommended Heroes With Ability International Disability Day and School Gala $10,000 NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors African Women's Dinner Dance - Women Celebrating Cultures $10,000 Shree Sanatan Dharm Pratinidhi Sabha of Australia Deepawali Mela $10,000       3.    A copy of the grant application be provided as an addendum to these reports going forward. On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

ITEM NO:       COM 03

FILE NO:        356206.2024

SUBJECT:     Revocation of the Casula Powerhouse Arts Centre Board of Management Charter

 

COUNCIL DECISION   Motion:                                  Moved: Clr Harte                  Seconded: Clr Macnaught   That Council: 1.    Retain the Casula Powerhouse Arts Centre (CPAC) Board of Management Charter; 2.    Urgently review and update the Charter to be fit for purpose and complements the future direction of CPAC; and 3.    Direct the Acting CEO to provide a report back to the February 2025 council meeting with the number of visitors in each of the last five (5) years.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

Clr Adjei left the Chamber at 4:53pm.

Clr Dr Green left the Chamber at 4:54pm.

 

ITEM NO:       COM 04

FILE NO:        366846.2024

SUBJECT:     Reimagining of Casula Powerhouse Arts Centre to Liverpool Powerhouse: Home of Creative Industries

 

COUNCIL DECISION   Motion:                                  Moved: Clr Harle                  Seconded: Clr Monaghan   That Council:   Endorse that ‘Casula Powerhouse Arts Centre’ revert back to ‘Liverpool Powerhouse with the subheading ‘Home of the Arts and Creative Industries’;   Place on a 28 day public exhibition period so that we can accept feedback from the community on this potential change; and   3.    Acknowledge that the immediate cost to Council will be approximately $37,000 which includes the purchase of new tourist wayfinding signage, metal building fixtures and re-printing building vinyl. This will be taken from operational savings.   On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion. Note: Clr Adjei and Clr Dr Green were not in the Chamber when this item was voted on.

 

Clr Adjei returned to the Chamber at 4:55pm.

Clr Green returned to the Chamber at 4:58pm.

Clr Harte left the Chamber at 4:59pm.

Clr Harte returned to the Chamber at 5:01pm.

Clr Monaghan left the Chamber at 4:59pm.

 

ITEM NO:       COM 05

FILE NO:        366903.2024

SUBJECT:     Amendments and Additions to Cultural Venues & Events Fees and Charges

 

COUNCIL DECISION   Motion:                                  Moved: Clr Ristevski           Seconded: Clr Karnib   That Council:   Defer the proposed revised fees and charges and convene a meeting of past food truck, market stall holders and any interested parties to a meeting at the tourism committee to seek feedback on the proposed fees.    A report to come back to the February 2025 council meeting with the following regarding the experience the world event:-   i.        A detailed profit and loss. ii.      A financial impact profit and loss budget on making the event over one month       to be run on weekends only.                iii.       a detailed explanation on how the 600,000 visitation number was determined.               iv.       A detailed explanation on how the $25 million impact to the regional economy was determined.   A report back to the February 2025 on potential capital improvements to Macquarie Mall to improve operational efficiencies for next year’s capital works program.   On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion. Note: Clr Monaghan not in Chamber when this item was voted on.

 

Clr Adjei left at 5.04pm.

Clr Adjei returned at 5.12pm.

ITEM NO:       COM 06

FILE NO:        364857.2024

SUBJECT:     Changes to the Community Facility and Sportsground Hire Policies

 

COUNCIL DECISION   Motion:                                  Moved: Clr Macnaught        Seconded: Clr Ammoun   That Council:   1.   Receives and notes this Report;   2.   Adopts the recommended Hire policies attached to this Report that includes: -     Community Facilities Hire Policy; and -     Hire of Playing Surface Policy – Sporting Fields and Recreation Spaces;   To replace current Policies including: -     Hire of Playing Surface Policy (2015) -     Commercial Businesses Short-term Hire Procedures (Terms and Conditions) -     Community Facilities Management Casual Hire (Terms and Conditions) -     Community Venues Permanent Hire Procedures (Terms and Conditions) -     Community Facilities 3 year Licence Agreement -     Change/Cancellation of Permanent Facility Hiring   3.   Supports the inclusion of Conditions of Hire to be contained within the Hire Agreement for Community Facilities and Sport and Recreation spaces attached to this Report;   4.   Delegates to the CEO, the development of Conditions of Hire for Community Facilities and Sport and Recreation Spaces; and   5.    Proceed to 28 days public exhibition from 1 February 2025.   6.    Open up an Expression of Interest process for local / regional / state / national and international sporting and community organisations regarding working with Council through a formalised relationship such as but not limited to: a)         Memorandum of Understanding to collaborate on facility improvements and other initiatives to benefit the community and Council; and b)         Lobbying all levels of the government for funding of these initiatives                        in adherence to Council’s unsolicited proposed process guide.   7.    Prior to the start of the consultation period, Council contacts the current and previous hirers to attend a special Liverpool Council Sports Committee round table forum meeting at a future date with the time for commencement at 6pm to discuss the changes to the community facility and sports ground hire policies.   On being put to the meeting the motion was declared CARRIED.   Recess Mayor Mannoun called a recess of meeting at  5.25pm.   RESUMPTION OF MEETING The meeting resumed in open council with all councillors present at 5.41pm.

 

ITEM NO:       CORP 01

FILE NO:        282646.2024

SUBJECT:     Tabling Annual Pecuniary Interest Returns for Councillors and Designated Persons

 

COUNCIL DECISION   Motion:                                  Moved: Clr Harte                  Seconded: Clr Ammoun   That Council:   Note the tabled annual pecuniary interest returns of Councillors and designated persons; and   Agree to make redacted copies of the annual pecuniary interest returns available to the public, as set out in the report.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

 

ITEM NO:       CORP 02

FILE NO:        216408.2024

SUBJECT:     Complaints and Compliments Management Policy

 

COUNCIL DECISION   Motion:                                  Moved: Clr Macnaught        Seconded: Clr Ammoun   That Council:   Endorse the Draft Complaints and Compliments Management Policy to be placed on public exhibition for a period of not less than 28 days.   Organise a workshop sometime in the new year around the policy development and consolidation with a staged approach including:   a)      Inception b)      Check point c)      Final briefing prior to consultation d)      Community consultation e)      Consideration for adoption.        On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.

 

ITEM NO:       CORP 03

FILE NO:        350800.2024

SUBJECT:     Investment Report October 2024

 

COUNCIL DECISION   Motion:                                  Moved: Clr Harle                  Seconded: Clr Green   That the Council receives and notes this report.     On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

ITEM NO:       CORP 04

FILE NO:        351675.2024

SUBJECT:     Annual Financial Reports 2023/24

 

COUNCIL DECISION   Motion:                                  Moved: Clr Ristevski           Seconded: Clr Karnib   That Council receives and adopts the 2023/24 audited financial reports. On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.

 

ITEM NO:       CORP 05

FILE NO:        366964.2024

SUBJECT:     Public Inquiry

 

COUNCIL DECISION   Motion:                                  Moved: Clr Ristevski           Seconded: Clr Harle That Council note the contents of the report. On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.

 

Clr Harte left the Chambers at 6:13pm.

Clr Harte returned to the Chambers at 6:14pm.

 

ITEM NO:       CEBP 01

FILE NO:        340448.2024

SUBJECT:     Customer Experience Policy

 

COUNCIL DECISION   Motion:                                  Moved: Clr Ristevski           Seconded: Clr Monaghan   That Council:   Endorse the draft Customer Experience Policy to be placed on public exhibition for a period of not less than 28 days.   Agree that Council’s Chief Executive Officer or delegate may finalise the draft Customer Experience Policy if no representations are received during public exhibition and to make non-significant amendments to the Policy.   Require a further report to Council in relation to any representations received during public exhibition of the draft Customer Experience Policy   4.    Evidence a solution-based customer service experience which provides a proactive approach to customers that involves actively seeking and providing solutions to customer issues in particular which evidences the following features:-                  i.             Follow through on promises: Making sure to keep promises to customers.                  ii.            Utilise customer satisfaction surveys to get a quick and accurate picture of        how we are doing. On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

ITEM NO:       CEBP 02

FILE NO:        356210.2024

SUBJECT:     Provision of Mail Service for Council

 

COUNCIL DECISION   Motion:                                  Moved: Clr Monaghan         Seconded: Clr Dr Green That Council:   1.   Agree to negotiate directly with Australia Post for a contract to provide postal services for up to five (5) years (to February 2030) pursuant to 55(3)(i) of the Local Government Act 1993 because due to the unavailability of competitive or reliable tenders a satisfactory result would not be achieved by inviting tenders.   2.   Authorise the CEO or delegate to execute all documents necessary to give effect to this resolution.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

Clr Ibrahim left the Chambers at 6:32pm.

ITEM NO:       CEBP 03

FILE NO:        356602.2024

SUBJECT:     Provision of Australia Post Billpay Service

 

COUNCIL DECISION   Motion:                                  Moved: Clr Dr Green            Seconded: Clr Harle   That Council:   Approves, for the purposes of the tendering requirements under s.55(3)(i) of the Local Government Act 1993, the engagement of Australia Post to provide Post Billpay services for five (5) years as a satisfactory result would not be achieved by inviting tenders because of the following extenuating circumstances: ·        Australia Post provides a reliable and cost-effective bill paying service (Post Billpay) to residents and ratepayers of the Liverpool Local Government Area. ·        There are other payment systems but none that provide the same face to face option at locations  anywhere in Australia. ·        Post Billpay provides an additional payment option that is well-known to Liverpool residents and ratepayers and switching to an alternative system would be disruptive and jeopardise rates recovery. Authorise the Chief Executive Officer or delegate to execute all documents necessary to give effect to these resolutions. On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion. Note Clr Ibrahim was not in the Chamber when this item was voted on.

 

ITEM NO:       CEBP 04

FILE NO:        357572.2024

SUBJECT:     Amendment to the "non-voting" membership of Councillors on the Audit, Risk and Improvement Committee

 

COUNCIL DECISION   Motion:                                  Moved: Clr Karnib                Seconded: Clr Ristevski That Council: 1.    Alters its “non-voting” membership nomination on the ARIC Committee to one Councillor.   2.    Appoints Clr Ristevski as the non-voting member.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion. Note: Clr Ibrahim was not in the Chamber when this item was voted on.

 

MOTION TO BRING ITEMS FORWARD

 

                        Moved: Mayor Mannoun                             Seconded: Clr Karnib

 

That the following items be brought forward:

 

·         CONF 08 – Summary of the Agreement for Lease.

·         CONF 01 - Proposed Acquisition and/or Dedication of Part Lot 962 DP 2475, 40 Eighth Ave, Austral for road purposes.

·         CONF 02 - Proposed Acquisition of Lot 6 in Plan of Acquisition DP 1289743, Part 27 Bernera Road, Prestons for road widening purposes.

·         CFD 01 - 2023-2024 Annual Report.

·         OPER 02 – Brickmakers Creek - Expansion of Project Site.

·         CFD 02 - State of our City Report 2022-2024

·         NOM 05 – Mosquitoes.

·         CORP 06 - FY 2024/25 - Quarter 1, Budget Review.

 

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

 

Clr Ibrahim returned to the Chamber at 6:37pm.

Clr Macnaught left the Chamber at 6:37pm.

Clr Macnaught returned to the Chamber at 6:39pm.

 

Confidential reports

 

ITEM NO:       CONF 08 – addendum book 5

FILE NO:        369967.2024

SUBJECT:     Summary of the Agreement for Lease

 

COUNCIL DECISION   Motion:                                  Moved: Clr Harle                  Seconded: Clr Dr Green   That Council:   Agrees to enter into an Agreement for Lease on the terms outlined in the report. Agrees that Council will fund and carry out the Lessor’s Works (fit-out works) in accordance with the Agreement for Lease for an amount determined by procurement process in accordance with the Local Government Act 1993, which amount shall not exceed the Incentive stated in the report.   Notes that once the Lessor’s Works have commenced, Council will be solely responsible for the cost of the Lessor’s Works and will have to pay any excess over the Incentive stated in the report.   Authorises Council’s Chief Executive Officer, or Delegate, to take all necessary steps to give effect to these resolutions, including conducting any necessary negotiations and executing any required documents.   Funds for the subject fit-out incentive in the report be financed through general funds. On being put to the meeting the motion was declared CARRIED.

 

 

 

ITEM NO:       CONF 01

FILE NO:        335823.2024

SUBJECT:     Proposed Acquisition and/or Dedication of Part Lot 962 DP 2475, 40 Eighth Ave, Austral for road purposes

 

COUNCIL DECISION   Motion:                                  Moved: Clr Harle                  Seconded: Clr Ammoun   That Council:   1.    Approves the acquisition and/or dedication of Pt Lot 962 DP 2475, Austral being land identified for part of Contributions Item CR1 for the terms as outlined in this report.    2.    Resolves to classify Pt Lot 962 DP 2475, as “Operational” land in accordance with the Local Government Act 1993;   3.   Dedicates Part Lot 962 DP 2475 (being Collector Road CR1) as Public Road pursuant to Section 10 of the Roads Act 1993 if required;   4.    Authorises the A/CEO or his delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision; and   5.   Keeps confidential this report pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.   On being put to the meeting the motion was declared CARRIED.

 

ITEM NO:       CONF 02

FILE NO:        357018.2024

SUBJECT:     Proposed Acquisition of Lot 6 in Plan of Acquisition DP 1289743, Part 27 Bernera Road, Prestons for road widening purposes

 

COUNCIL DECISION   Motion:                                  Moved: Clr Monaghan         Seconded: Clr Dr Green   That Council:   1.   Approves the acquisition of Lot 6 in Plan of Acquisition DP 1289743, Pt 27 Bernera Road, Prestons, on the terms outlined in this confidential report;   2.   Resolves to classify Lot 6 in Plan of Acquisition DP 1289743 as ‘Operational land’ in accordance with the Local Government Act 1993 upon settlement;   3.   Dedicates Lot 6 in Plan of Acquisition DP 1289743 as Public Road pursuant to Section 10 of the Roads Act 1993;   4.   Keeps confidential this report pursuant to the provisions of section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business; and   5.   Authorises the CEO or delegate to execute all documents necessary to give effect to these resolutions.   On being put to the meeting the motion was declared CARRIED.

 

CITY FUTURES REPORT

 

ITEM NO:       CFD 01

FILE NO:        331704.2024

SUBJECT:     2023-2024 Annual Report

 

COUNCIL DECISION   Motion:                                  Moved: Clr Ristevski           Seconded: Clr Monaghan   That Council:   1.    Adopt and endorse the annual report.   2.    Implement an Understanding your Council Rates containing a table that shows how your rates are allocated to key categories of expenditure.    3.    The rates to also include information on the level of Council gross debt for the current and previous years to increase transparency.    4.    A report to come back when practicable on which roads have a very poor rating score of 5 in terms of their condition as per page 48 of the annual report 2024. The report to also include an update on the black moth program.   On being put to the meeting the motion was declared CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPERATIONS Report

 

ITEM NO:       OPER 02

FILE NO:        353571.2024

SUBJECT:     Brickmakers Creek - Expansion of Project Site

 

COUNCIL DECISION   Motion:                                  Moved: Clr Adjei                  Seconded: Clr Monaghan   That Council adopts the expansion of Brickmakers Creek by approximately 2,300m2.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

 

City futures Report

 

ITEM NO:       CFD 02 – addendum book 4

FILE NO:        374834.2024

SUBJECT:     State of our City Report 2022-2024

 

COUNCIL DECISION   Motion:                                  Moved: Clr Macnaught        Seconded: Clr Green   That Council:   1.       Receives and notes the State of our City Report 2022-2024 which outlines the progress in implementing the Community Strategic Plan 2022-2032. 2.       Directs the Acting Chief Executive Officer to publish the State of our City Report 2022-2024 on Council’s website no later than 30 November 2024 and append it to the 2023-2024 Annual Report. On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.

 

 

NOTICE OF MOTION

ITEM NO:       NOM 05

FILE NO:        370298.2024

SUBJECT:     Mosquitoes

 

NOTICE OF MOTION (submitted by Cr Karnib)   That Council:   1.   Commends the swift and effective action taken by the NSW State Government and Agencies, such as Sydney Water, in addressing the significant mosquito infestation in Liverpool; 2.   Notes Liverpool Council had a Mosquito Management Plan, initiated in 2019 that now seems to no longer exist; 3.   Notes that suburbs across the entire LGA are affected by a mosquito outbreak including breeding grounds in areas that are managed by Liverpool City Council; 4.   Notes that each year around the same time, mosquito outbreaks occur and have done so for years; and 5.   Re-implement a Mosquito Management Plan and allocate $50,000.00 from Liverpool Council’s General Funds to run such a plan.

COUNCIL DECISION   Motion:                                  Moved: Clr Karnib                Seconded: Clr Monaghan   That Council:   1.   Commends the swift and effective action taken by the NSW State Government and Agencies, such as Sydney Water, in addressing the significant mosquito infestation in Liverpool; 2.   Notes Liverpool Council had a Mosquito Management Plan, initiated in 2019 that now seems to no longer exist; 3.   Notes that suburbs across the entire LGA are affected by a mosquito outbreak including breeding grounds in areas that are managed by Liverpool City Council; 4.   Notes that each year around the same time, mosquito outbreaks occur and have done so for years; and 5.   Re-implement a Mosquito Management Plan and allocate $50,000.00 from Liverpool Council’s General Funds to run such a plan per year. On being put to the meeting the motion was declared CARRIED.

CoRPORTE SUPPORT REPORT

ITEM NO:       CORP 06 – addendum book 4

FILE NO:        358182.2024

SUBJECT:     FY 2024/25 - Quarter 1, Budget Review

 

COUNCIL DECISION   Motion:                                  Moved: Clr Monaghan         Seconded: Clr Macnaught   That Council approves the identified budget variations in accordance with this report. On being put to the meeting the motion was declared CARRIED.

 

ADJOURNMENT OF COUNCIL MEETING 20 NOVEMBER 2024 AND MEETING TO RECONVENE ON 26 NOVEMBER 2024

 

Mayor Mannoun moved that this meeting be adjourned and reconvened Tuesday 26 November at 6:00pm to deal with the following items:

·         OPER 01 - WT3256 Pye Hill Reserve Key Suburb Park Upgrade - Variation to Contract (now confidential).

·         OPER 03 - Keep Australia Beautiful - Circular Economy Award.

·         OPER 04  Electric Vehicle (EV) Charging Stations on Public Land Policy.

·         OPER 05 - Water Play Feature Plant & Equipment Replacement at Macquarie Mall.

·         CTTE 01 - Minutes of the Liverpool Youth Council Meeting held 13 August 2024.

·         CTTE 02 - Minutes of the Civic Advisory Committee meeting held on 6 November 2024.

·         CTTE 03 – Minutes of the Sports Committee meeting held on 4 September 2024.

·         CTTE 04 - Minutes of the Audit, Risk and Improvement Committee meeting held on 11 October 2024.

·         QWN 01 - Question with Notice - Clr Dr Green - Macquarie Mall Festivals and Financial Sustainability.

·         QWN 02 - Question with Notice - Clr Dr Green - Mosquito Management Plan, Implementation, Funding and Monitoring.

·         COM 07 - Policy Review - Code of Meeting Practice.

·         OPER 06 - 2023-24 Capital Works Carryover of Projects.

·         CTTE 05 - Minutes of the Governance Committee meeting held on 13 November 2024.

·         NOM 01 - Defibrillators at Sporting Fields.

·         NOM 02 - Business Stimulation for George Street, Liverpool.

·         NOM 03 - Moorebank Sports Club.

·         NOM 04 - Request for Section 430 Inquiry Briefing.

·         CONF 03 – Legal Affairs Report.

·         CONF 04 - 2025 Australia Day Awards.

·         CONF 05 - Question with Notice - Clr Dr Green - Council Legal Costs.

·         CONF 06 – Project 26.

·         CONF 07 - Budget Adjustment.

 

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

 

 

 

THE MEETING WAS ADJOURNED AT 7.00PM AND WILL RECONVENE TUESDAY 26 NOVEMBER 2024.

 

 

 

<Signature>

Name: Ned Mannoun

Title:    Mayor

Date:   10 December 2024

 

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 20 November 2024. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 26 November 2024

(adjourned from 20 November 2024 Council meeting and reconvened 26 November 2024)

 

PRESENT:

Mayor Ned Mannoun

Councillor Adjei

Councillor Ammoun

Councillor Dr Green

Councillor Harle

Councillor Harte

Councillor Ibrahim

Councillor Karnib

Councillor Macnaught

Councillor Monaghan

Councillor Ristevski

Mr Jason Breton, Acting Chief Executive Officer

Ms Tina Bono, Director Community & Lifestyle

Ms Noelle Warwar, Manager Community Standards

Ms Michelle Mcilvenny, Director Customer & Business Performance

Mr Shayne Mallard, Director City Futures

Mr Peter Scicluna, Acting Director Operations

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

Ms Jacqueline Newsome, Acting Manager Civic and Executive Services 

Ms Gabriella Rojas, Acting Councillor Executive and Support Officer

Ms Susan Ranieri, Coordinator Council and Executive Services (minutes)

 

The meeting commenced at 6.00pm

 

STATEMENT REGARDING WEBCASTING OF MEETING

The Mayor read the following:   “In accordance with clause 5.34 of Council’s Code of Meeting Practice, I inform the persons attending this meeting that: (a)    the meeting is being recorded, livestreamed and made publicly available on the council’s website, and (b)    persons attending the meeting should refrain from making any defamatory statements.”

APOLOGIES

 

NIL.

CONDOLENCES

 

NIL.

Declarations of Interest

 

Deputy Mayor Harle declared a non-pecuniary, but significant interest in the following item:

 

Item:          CONF 04 - 2025 Australia Day Awards.

 

Reason:     Deputy Mayor Harle was nominated for an Australia Day Award.

 

Deputy Mayor Harle left the Chamber for the duration of this item.

 

Clr Dr Green declared a non-pecuniary, less than significant interest in the following item:

 

Item:          CONF 04 - 2025 Australia Day Awards.

 

Reason:     Clr Dr Green knows one of the nominees that have been nominated for an                      Australia Day Award.

 

Clr Dr Green left the Chamber for the duration of this item.

 

Public Forum

Presentation – items not on agenda

NIL.

 

Representation – items on agenda

NIL.

 

ITEM NO:       OPER 03

FILE NO:        360102.2024

SUBJECT:     Keep Australia Beautiful - Circular Economy Award

 

COUNCIL DECISION   Motion:                                 Moved: Clr Monaghan         Seconded: Clr Macnaught   That Council acknowledges the receipt of the award and recognises the efforts of the staff involved.   On being put to the meeting the motion was declared CARRIED.

 

ITEM NO:       OPER 04

FILE NO:        361972.2024

SUBJECT:     Electric Vehicle (EV) Charging Stations on Public Land Policy

 

COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Dr Green   That Council endorses the Electric Vehicle (EV) Charging Stations on Public Land Policy.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

ITEM NO:       OPER 05

FILE NO:        369751.2024

SUBJECT:     Water Play Feature Plant & Equipment Replacement at Macquarie Mall

 

COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Ammoun   That Council:   Replace two control panels. Replace two separate submersible pumps. Replace media and filtration system. Repair the Water Play Feature. 5.    Fund the above from the General Reserve.  6.    Direct the above to happen subject to a report with regards to insurance,  procurement and a timeline circulated to Councillors prior to the commencement.   On being put to the meeting the motion (moved by Clr Macnaught) was declared CARRIED and the Foreshadowed motion (moved by Clr Ristevski) therefore lapsed.   Foreshadowed motion:       Moved: Clr Ristevski            Seconded: Clr Monaghan   That Council:   1.    Defer this item; and Direct the Acting CEO that a report come back to Council with regards to point 6 of the motion above.

 

MOVED AS A WHOLE AND BRING ITEM FORWARD

 

Motion:                                  Moved: Clr Macnaught        Seconded: Clr Dr Green

 

That items CTTE 01, CTTE 02, CTTE 03, CTTE 04 and CTTE 05 be moved as a whole and that CTTE 05 – Minutes of the Governance Committee Meeting held on 13 November 2024 be brought forward and dealt with now.

 

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

 

Councillors voted unanimously for this motion.

 

Committee Reports

 

ITEM NO:       CTTE 01

FILE NO:        343163.2024

SUBJECT:     Minutes of the Liverpool Youth Council Meeting held 13 August 2024

 

COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Dr Green   That Council:   Receives and notes the Minutes of the Liverpool Youth Council Meeting held on 13 August 2024; and   Endorse the recommendations in the Minutes.   On being put to the meeting the motion was declared CARRIED.    Councillors voted unanimously for this motion.

 

ITEM NO:       CTTE 02

FILE NO:        354328.2024

SUBJECT:     Minutes of the Civic Advisory Committee meeting held on 6 November 2024

 

COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Dr Green   That Council receives and notes the Minutes of the Civic Advisory Committee meeting held on 6 November 2024.   On being put to the meeting the motion was declared CARRIED.    Councillors voted unanimously for this motion.

 

ITEM NO:       CTTE 03

FILE NO:        355957.2024

SUBJECT:     Minutes of the Liverpool Sports Committee meeting held on 4 September 2024

 

COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Dr Green   That Council receives and notes the Minutes of the Liverpool Sports Committee meeting held on 4 September 2024.   On being put to the meeting the motion was declared CARRIED.    Councillors voted unanimously for this motion.

 

ITEM NO:       CTTE 04

FILE NO:        357309.2024

SUBJECT:     Minutes of the Audit, Risk and Improvement Committee meeting held on 11 October 2024

 

COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Dr Green   That Council notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 11 October 2024.   On being put to the meeting the motion was declared CARRIED.    Councillors voted unanimously for this motion.

 

 

ITEM NO:       CTTE 05 – addendum book 4

FILE NO:        354334.2024

SUBJECT:     Minutes of the Governance Committee meeting held on 13 November 2024

 

COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Dr Green   That Council:   1.   Receives and notes the Minutes of the Governance Committee meeting held on 13 November 2024; and 2.   Endorse the recommendations in the Minutes.   On being put to the meeting the motion was declared CARRIED.    Councillors voted unanimously for this motion.

 

 

Questions with Notice

 

ITEM NO:       QWN 01

FILE NO:        363121.2024

SUBJECT:     Question with Notice - Clr Dr Green - Macquarie Mall Festivals and Financial Sustainability

 

Council’s Festival program in Macquarie Mall plays an important role in activation of a key area of the CBD, visitor tourism to the city and an enjoyable, safe family friendly night of entertainment and community connection. While it is accepted the festival program is popular, promotes Liverpool and showcases our rich cultural diversity and can potentially be expanded, it is equally important that the program is financially responsible and sustainable.   Could Council please advise:   The number of festival events held in Liverpool CBD and other venues from the calendar period January 2023 to present.   The cost of each festival event and the corresponding funding source for each, that is, internal Council funding or external government funding and/or sponsorship.   The festivals Council engaged social media influencers to attend and/or promote and if so,   a.    Which festival/s were social media influencers engaged;  How many social media influencers were involved, for what agreed purpose were influencers engaged and what were the costs.    Has Council secured government funding to cover the full costs for current and future number of festivals and, if not what budgetary allocation has been, or will be made?       Responses (Provided by Community and Lifestyle)   The number of festival events held in Liverpool CBD and other venues from the calendar period January 2023 to present.   Please find below events held within the CBD from the calendar period of January 2023 to present;

 

 

2023 Australia Day 2023 Lanterns & Lights 2023 Most Blessed Nights 2023 Motherland 2023 NAIDOC 2023 Winter Blast 2023 Garden Awards 2023 Phillips Park Family Fun Day & 1st Anniversary 2023 Family Fun Day August (Wattle Grove) 2023 Starry Sari Nights 2023 Family Fun Day September (Horningsea Park) 2023 Primavera Latin American Festival 2023 Family Fun Day October (Austral) 2023 Pasifika Summer 2023 Family Fun Day November (Hammondville) 2023 Seniors Concert (Nov) 2023 Family Fun Day December (Miller) 2023 Christmas in the Mall 2023 NYE at Warwick Farm Racecourse

2024 Australia Day Bigge BBQ 2024 Lanterns & Lights 2024 Family Fun Day February (Middleton Grange) 2024 Most Blessed Nights 2024 Family Fun Day March (Liverpool) 2024 Motherland 2024 Family Fun Day May (West Hoxton) 2024 NAIDOC 2024 Family Fun Day July (Moorebank) 2024 Seniors Concert (July) 2024 Winter Blast 2024 Family Fun Day August (Hoxton Park) 2024 Paris Olympics Live Site 2024 Arabian Nights 2024 Blakfire First Peoples Festival 2024 EuroFest 2024 Southwest Sessions 2024 Family Fun Day September (Chipping Norton) 2024 Starry Sari Nights 2024 Family Fun Day October (West Hoxton) 2024 Primavera Latin American Festival

 

 

 

 

 

 

2.     The cost of each festival event and the corresponding funding source for each, that is, internal Council funding or external government funding and/or sponsorship.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. The festivals Council engaged social media influencers to attend and/or promote and if so,

 

a.    Which festival/s were social media influencers engaged;

 

Influencers are typically engaged across our event campaigns for marketing purposes. We have engaged social media influencers for the following events across 2023 & 2024;

 

Christmas in the Mall 2023

Lanterns & Lights 2023 & 2024

Motherland 2023 & 2024

Winter blast 2023 & 2024

Pasifika Summer 2023

Starry Sari 2024

Paris Olympics Live 2024

EuroFest 2024

 

However, across many of our events social media influencers may attend of their own accord without having been engaged by Council.

 

2.  How many social media influencers were involved, for what agreed purpose were influencers engaged and what were the costs.

 

Social media influencers are engaged to promote the event and are usually contracted for pre-event promotion and on-site live feeds/reels that are then shared on our social media channels across the event weekend. The use and engagement of social media influencers

vary depending on the audience we would like to reach, and the core offering from the event.

 

For instance, we have frequently used ‘Sydney Food Boy’ to propel our event marketing for festivals where the draw card may lie in a unique culinary experience – such as Lanterns & Lights, or Motherland African Festival. ‘Western Sydney Mums’ has been engaged for events that have a family and child-friendly focus.

Influencers engaged for marketing purposes are paid a fee, and this has ranged from $600 to $2000 depending on their following numbers and reach, or the campaign proposal which may include pre and during event promotion, or a lead-up campaign over several days.

 

Influencers are usually briefed on the key points to promote, which may include highlighting food, entertainment, and amenities such as parking or free activities.

 

For some of our high-visitation events, such as Most Blessed Nights and Lanterns & Lights, we also find that influencers visit organically, without engagement, and post regarding our event for content on their pages across Instagram and TikTok.

 

Bites with Lily (748k following), Mahmoud Ismail (102k following), Sydney Food Brothers (12.5k following) as well as several smaller influencers have attended our events without invitation and resulted in press for the event that we have seen reflected in our visitations on subsequent nights after a post goes viral.

 

Many of our stallholders also collaborate to our social media reach through their influencer status. The events stallholder EOI selection process does take note of social media following and whether this can be leveraged for audience engagement. With marketing budgets conservative across our event budgets, this strategy assists and fuels audience engagement, with organic posts resonating more deeply with our audiences than noticeably paid influencer content.

 

Vendor-influencers benefit in seeing high traffic through our events to boost sales, and so they willingly promote their attendance, and Liverpool Council events are amplified. Such vendors have included Knafeh Sydney (57.2k following), Good Bar Acai (15.4k following), Flappys Fried Chicken (15.9k following).

 

For Southwest Sessions is a Youth focused event and historically we have been challenged in engaging the 18–25-year-old using traditional marketing channels. In 2024, we engaged stallholder coordinator Bossman Experiences who previously worked with Parramatta Council for Parramatta Lanes on a viral food activation. Bossman Experiences curated a line-up of high-profile vendors to boost visibility for the event and target the illusive demographic market. These vendors then shared their participation at the event, resulting in significant organic reach. Bossman Experiences was engaged as a stallholder coordinator, not a social media influencer, for $9,000 which was subsidised by stallholder revenue. The reach achieved through this initiative could be valued at $25,000 or more had influencers been directly engaged. This pilot initiative proved particularly effective in testing contemporary marketing practice and as such will be tested broadly for future events.

 

In addition, Council, through its delivery of the ‘Highschool Leadership forum’ held this year and its engagement with the growing university student population has seen interest in participation across this demographic, and the willingness to act as ambassadors for our events bringing similar benefits to the demographic reach locally. A model is currently being explored to capatilise on this opportunity.

 

 

 

4.  Has Council secured government funding to cover the full costs for current and future number of festivals and, if not what budgetary allocation has been, or will be made?

 

Council has secured funding to supplement its calendar of events, however these do not cover the full cost for current festivals. These include,

 

$800,000 over two years (2023/2024) from Multicultural NSW Funding under the ‘Stronger Together program for;

 

Motherland 2023/2024

Primavera 2023/2024

Pasifika Summer 2023/2024

 

 

$24,265 and $10,000 from Australia Day Council for;

 

Australia Day 2023

Australia Day Bigge BBQ 2024

 

$3000 per year (2023 & 2024) from the National Indigenous Australians Agency for;

 

NAIDOC 2023

NAIDOC 2024

 

$150,000 from Transport for NSW under the Open Streets program for;

 

Starry Sari Nights 2024

 

 

Continuing with the Experience the World series of events beyond 2024 in its current form will result in a budgetary shortfall of $400,000.

 

It is anticipated that outside the Multicultural NSW Funding under the ‘Stronger Together program, Council other grants will remain concurrent.

 

Council is currently looking at options to remodel “Experience the World” to offset this shortfall in preparation for the 25/26 budget as well as cost saving initiatives such as:

 

·    An increase in vendor fees and noted in the Council papers;

·    Exploring new grant opportunities; and

·    Sponsorship.

 

 

ITEM NO:       QWN 02

FILE NO:        364224.2024

SUBJECT:     Question with Notice - Clr Dr Green - Mosquito Management Plan, Implementation, Funding and Monitoring

 

Background   In 2019 Council took a number of actions to address the problem of mosquito outbreaks, in particular those species that are serious nuisance - biting pests and vectors of disease-carrying pathogens i.e. Ross River virus.   It was agreed at the time that Council was the most appropriate agency to coordinate and lead the program as it required the cooperation and input of residents, Defence, Sydney Water, among other stakeholders.   One of the actions Council took was to engage NSW Health to prepare a mosquito management.   At the Council Meeting on 25 September 2019 Council adopted the  implementation of the Mosquito Management Plan.                                                        The Mosquito Management Plan was a multiyear program that involved an education and awareness campaign and the spraying of larvicides to prevent further outbreaks.   It was a successful program and shows what Council can do when it takes leadership in the interest of public health and collaborates with stakeholders.   Please address the following questions   1.    An initial budget allocation of $30,000 was directed to the Operational Plan to address the mosquitoes in Liverpool - has this allocation been ongoing? And, Has the budget allocation for the Management Plan been increased annually? In 2019 regular surveillance and monitoring of identified areas of concern was recommended and 2 mosquito traps purchased by Council to collect - for testing and identification of mosquito species and pathogens.   Has the number of mosquito traps increased over the implementation time of the Management Plan and if so, how many traps does Council now have?   Surveillance and Monitoring is central to the Mosquito Management Plan.     Has Council continued the surveillance and monitoring regime? And if so, a.    When were these fundamental activities completed prior to the current outbreak? And if not When did these activities cease and why?   Response (provided by Operations Directorate)   An initial budget allocation of $30,000 was directed to the Operational Plan to address the mosquitoes in Liverpool - has this allocation been ongoing?   The initial budget allocation was removed after the 1st year as our financial section believed it was only one year allocation. The team responsible for the delivery of the Plan sourced funds from other maintenance teams to cover ongoing costs. This cost had been reduced due to low numbers of mosquitoes and unfavourable season and environmental conditions. This means that there were fewer target spraying occurrences on our identified breeding areas for our disease carrying mosquitos as they were not required.   Budget was re-established in 2022-2023 at a reduced allocation of $18,000,and increased in 2023-2024 to $20,000. But due to this particular bad season, further funding will be required.    Has the budget allocation for the Management Plan been increased annually?          Budget allocation has not increased, expenditure is variable subject to seasonal and environmental conditions that impact on treatment and the need to treat. Only since budget has been re-established for mosquito management of identified breeding areas, we have had an increase in budget to $20,000.   Has the number of mosquito traps increased over the implementation time of the Management Plan and if so, how many traps does Council now have?   Under the Arborviruses program we have only two nominated sites for the program which is considered hotspots of concern, Warwick Farm and Hammondville. We have a third trap now since 2023 to trap areas outside of the Arbovirus program and as a backup if one of our traps fail.   Has Council continued the surveillance and monitoring regime? And if so,   Council staff from the Environmental Operation team continued surveillance and monitoring regime during mosquito season as part of the Arbovirus program and investigating complaints of possible mosquito breeding areas.       When were these fundamental activities completed prior to the current outbreak? And if not   Mosquito season finished in May 2024 and monitoring stopped until a complaint occurred in June, monitoring occurred two weeks in a row with no mosquitoes caught, insect numbers decreased at that time and no further activities were undertaken until complaints started on 1 October 2024.    b.    When did these activities cease and why?   Normal surveillance and monitoring occurs between November through to May each year subject to weather conditions.

 

Community & Lifestyle Reports

ITEM NO:       COM 07 – addendum book 4

FILE NO:        381937.2024

SUBJECT:     Policy Review - Code of Meeting Practice

 

COUNCIL DECISION   Motion:                                 Moved: Clr Monaghan         Seconded: Clr Karnib   That Council defer this item to the 10 December 2024 Council meeting.   On being put to the meeting the motion was declared CARRIED.

 

Clr Adjei left the Chamber at 7:13pm.

Clr Adjei returned to the Chamber at 7:17pm.

 

ITEM NO:       OPER 06 – addendum book 4

FILE NO:        381829.2024

SUBJECT:     2023-24 Capital Works Carryover of Projects

 

COUNCIL DECISION   Motion:                                 Moved: Clr Ristevski            Seconded: Clr Karnib   That Council approves the works and services listed in Attachment 1 with a remaining budget of $24,394,725 to be carried over from the 2023-24 Program Year to the 2024-25 Program Year.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

Presentations by Councillors

NIL.

 

RECESS

Mayor Mannoun called a recess of meeting at 7.24pm.

 

Resumption of meeting

Mayor Mannoun resumed the meeting at 7.37pm in open council with all Councillors present.

 

 

Notices of Motion

ITEM NO:       NOM 01

FILE NO:        348084.2024

SUBJECT:     Defibrillators at Sporting Fields

 

NOTICE OF MOTION (submitted by Clr Ristevski)   That Council:   1.    A report to come back to the next Council meeting on the cost of incorporating defibrillators at all Council sporting fields; and   2.   What⁠ Government grants and subsidies are available to minimise this cost.   COUNCIL DECISION   Motion:                                 Moved: Clr Ristevski            Seconded: Clr Harle   That Council:   1.    Undertake a Request for Quote (RFQ) process for the installation of defibrillators at every sporting field that does not have one;   2.    Enable the successful applicant to work with each hirer of our sporting grounds to enable them to apply for a grant on their behalf to minimise the cost to ratepayers if any; and   3.    If there are no grants, that a report come back to Council for a further decision.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

ITEM NO:       NOM 02

FILE NO:        356512.2024

SUBJECT:     Business Stimulation for George Street, Liverpool

 

Background To enhance business activity on George Street, Liverpool, which is currently experiencing insufficient foot traffic to establish itself as a prominent Central Business District (CBD) street, we must encourage greater local patronage. One effective strategy is to implement free on street parking from 4 PM onwards, Monday through Friday, from Moore Street to Scott Street, thereby increasing convenience for shoppers.   NOTICE OF MOTION (submitted by Clr Ristevski)   That Council initiate the implementation of complimentary on street parking from Moore Street to Scott Street, starting from 1 December at 4 PM Monday to Friday for a 12 month period where a report is to come back to Council on the costs and benefit.   COUNCIL DECISION   Motion:                                 Moved: Clr Ristevski            Seconded: Mayor Mannoun   That Council   Initiate the implementation of complimentary on street parking from Moore Street to Scott Street, starting from 1 December at 4 PM Monday to Friday for a 12 month period where a report is to come back to Council on the costs and benefit; and    2.    Receive a report on the financial modelling on the above for both all streets in the CBD of Liverpool and Moore to Scott Street Liverpool.    On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

 

ITEM NO:       NOM 03

FILE NO:        360472.2024

SUBJECT:     Moorebank Sports Club

 

Background   This Notice of Motion calls for a report to come back to Council to address the following:   The actual sale price Was the sale open to public tender ⁠Does the sale meet ICAC guidelines 4.    ⁠The proposed aquatic centre:- how is it being funded? NOTICE OF MOTION (submitted by Clr Ristevski)   That Council direct the A/CEO for a report back to Council to address the following: 1.   The actual sale price 2.   ⁠Was the sale open to public tender 3.   ⁠Does the sale meet ICAC guidelines 4.   ⁠The proposed aquatic centre: how is it being funded?

COUNCIL DECISION   Motion:                                 Moved: Clr Ristevski            Seconded: Clr Karnib   That Council:   Receive a report on how to redirect funds to unrestricted general funds reserve and what community consultation would need to take place;   Make public the actual sale price when it settles including the latest valuation;   Direct the Acting CEO for a report to come back to Council on the cost to upgrade the Holsworthy aquatic centre at the first meeting in 2025; and    Direct the Acting CEO for a report to come back on the viability of a controlled entity or best value for money proposition to run the facility.   On being put to the meeting the motion was declared CARRIED.

 

Clr Macnaught left the Chambers at 8:25pm.

Clr Macnaught returned to the Chamber at 8:27pm.

 

Clr Mannoun left the Chamber at 8:28pm and Clr Harle, as the Deputy Mayor, became the Chairperson.

 

Clr Mannoun returned to the Chamber at 8:30pm and became the Chairperson.

ITEM NO:       NOM 04

FILE NO:        363552.2024

SUBJECT:     Request for Section 430 Inquiry Briefing

 

Background   To ensure all Councillors are fully informed of and understand the processes associated with S430 inquiry.   I propose to move the following Notice of Motion:   NOTICE OF MOTION (Clr Dr Green)   That Council write as soon as is practicable to the Office of Local Government to request an urgent, confidential briefing on the s430 inquiry.

COUNCIL DECISION   Motion:                                 Moved: Clr Dr Green            Seconded: Clr Ammoun   That Council write:   1.      As soon as is practicable to the Office of Local Government (OLG) to request an urgent confidential briefing from the OLG on the s430 investigation; and   2.      As soon as is practicable to the OLG to request an urgent briefing from the OLG on the s438U inquiry.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

   

 

Clr Karnib left the Chamber at 8:38pm.

Clr Karnib returned to the Chamber at 8:39pm.

Clr Harte left the Chamber at 8:40pm.

Clr Harte returned to the Chamber at 8:42pm.

CONFIDENTIAL ITEMS

ITEM NO:       CONF 03

FILE NO:        357253.2024

SUBJECT:     Legal Affairs Report

 

COUNCIL DECISION   Motion:                                 Moved: Clr Adjei                   Seconded: Clr Macnaught   That Council:   Receives and notes the report; and   Direct the Acting CEO that Council receive a report before the next quarterly legal report comes back to Council, on what happens in the Councils who publish the report and how Liverpool Council can do that.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

Clr Harle left the Chambers at 8:48pm.

Clr Green left the Chambers at 8:48pm.

ITEM NO:       CONF 04

FILE NO:        357286.2024

SUBJECT:     2025 Australia Day Awards

 

COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Harte    That Council: 1.   Endorse the recommended award recipients as proposed in the report; and   2.   Keep the report and nominations containing the recommended award recipients confidential, pursuant to the provision of Section 10A(2)(a) of the Local Government Act 1993. On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.     RECESS Mayor Mannoun called a recess of meeting at 8.52pm.   Resumption of meeting Mayor Mannoun resumed the meeting at 9.05pm in open council with all Councillors present except Clr Adjei. Clr Karnib and Deputy Mayor Harle.   Clrs Karnib and Deputy Mayor Harle returned to the Chamber at 9.06pm. Clr Adjei returned to the Chamber at 9.07pm.

 

 

Clr Ristevski left the Chamber at 9:10pm.

Clr Ristevski returned to the Chamber at 9:11pm.

 

ITEM NO:       CONF 05

FILE NO:        363511.2024

SUBJECT:     Question with Notice - Clr Dr Green - Council Legal Costs

 

Could Council please provide:   1.    A detailed breakdown by proceedings that are or have been initiated by Council or Court directed and of all legal costs incurred by and against Council from the period of January 2024 to present.   Responses were provided to Councillors in a Confidential Book

 

Clr Harte left the Chamber at 9:28pm.

Clr Harte returned to the Chamber at 9:30pm.

 

ITEM NO:       CONF 06

FILE NO:        327432.2024

SUBJECT:     Project 26

 

COUNCIL DECISION   Motion:                                 Moved: Clr Dr Green            Seconded: Clr Harle   That this item be deferred for a further workshop.   On being put to the meeting the motion was declared CARRIED.   Councillors voted unanimously for this motion.

 

ITEM NO:       CONF 07

FILE NO:        379478.2024

SUBJECT:     Budget Adjustment

 

COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Ammoun   That this item be deferred and be dealt with as part of the Project 26 report. On being put to the meeting the motion was declared LOST.   Foreshadowed motion:       Moved: Clr Ristevski            Seconded: Clr Karnib   That Council:   Record a preliminary 2024/25 Budget Adjustment of $14m in revenue (and $8.4m surplus from sale) against the forecasted sale of 3 Hoxton Park Road, Liverpool;   Acknowledge that a Report titled ‘Project 26’ was deferred and will be dealt with at a meeting in February 2025;   Direct the Acting CEO to adjust the 2024/2025 Budget accordingly to reflect the resolution of Council not to dispose of 3 Hoxton Park Road, Liverpool;   Direct the Acting CEO to secure an optimal leasing option for 3 Hoxton Park Road, Liverpool and report back to Council as to any lease then negotiated so as to inform Council and readjust the Budget forecast accordingly; and   Update the long-term financial plan and the impact on Council’s financial ratios.   On being put to the meeting the Foreshadowed motion (moved by Clr Ristevski) became the motion and on being put to the meeting was declared CARRIED.   Division called (for the Motion moved by Clr Ristevski):   Vote for: Clr Dr Green, Clr Harle, Clr Ibrahim, Clr Karnib, Clr Monaghan and Clr Ristevski.   Vote against: Mayor Mannoun, Clr Adjei, Clr Ammoun, Clr Harte and Clr Macnaught.

 

 

Operations Reports

 

ITEM NO:	CONF 09 (formerly Item OPER 01)
FILE NO:	389569.2024
SUBJECT:	WT3256 Pye Hill Reserve Key Suburb Park Upgrade - Variation to Contract
COUNCIL DECISION   Motion:                                 Moved: Clr Macnaught        Seconded: Clr Adjei   That Council:   Approve the award to GJ’s Landscape and Civil Pty Ltd of separable portions B and C for the WT3256 Pye Hill Reserve Key Suburb Park Upgrade; and     Authorise the Acting Chief Executive Officer or delegate to execute all documents necessary to give effect to these resolutions.   On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.

 

 

MAYORAL MINUTES

 

 

Mayoral Minute Subject:              MAYOR 03 - CEO Performance Review Panel

REPORT OF:      Mayor Ned Mannoun DATE:                  26 November 2024

In accordance with the OLG Guidelines, Council should establish a CEO Performance Review Panel led by the Mayor, and delegate the task of undertaking the CEO’s performance reviews to the panel.   In accordance with the OLG Guidelines, Performance Review Panels should comprise of the Mayor, the Deputy Mayor, another councillor nominated by council and a councillor nominated by the general manager.   The role of the review panel includes:   • conducting performance reviews;   • reporting the findings and recommendations of reviews to the council, and   • development of the performance agreement.     On 16 October 2024 Council resolved to:   1.         Establish a Performance Review Panel immediately, consisting of the Mayor, Deputy Mayor, another Councillor nominated by Council, a Councillor nominated by the CEO and an independent observer in accordance with the OLG Guidelines.   At that meeting Council did not nominate the Councillor that needed to be appointed by Council in accordance with resolution 7.   Attachment: Guidelines for the Appointment and Oversight of General Managers.     Recommendation:   1              That Council appoints a Councillor to satisfy resolution 7.           Council decision   Motion:                                  Moved: Mayor Mannoun   That the recommendation be adopted. On being put to the meeting the motion was declared CARRIED.   Clr Monaghan then nominated that Clr Karnib be the Councillor appointed. Clr Karnib accepted the nomination. Motion                                   Moved: Clr Monaghan         Seconded: Clr Dr Green That Clr Karnib be the appointed Councillor on the Performance Review Panel. On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.

 

 

THE MEETING CLOSED AT 10.30pm

 

 

 

<Signature>

Name: Ned Mannoun

Title:    Mayor

Date:    10 December 2024

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  26 November 2024. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

 

Ordinary Meeting

10 December 2024

 

 

PLAN 01

Middleton Grange DCP Amendment - Post Exhibition Report

 

Strategic Objective	Evolving, Prosperous, Innovative Implement planning controls and best practice urban design to create high-quality, inclusive urban environments
File Ref	423733.2023
Report By	Lilyan Abosh - Acting Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

 

 

At the Ordinary Meeting of Council on 30 August 2023, Council resolved to support proposed amendments to the Liverpool Development Control Plan 2008 – Part 2.5 Middleton Grange (DCP) (Attachment 1). It was resolved:

 

That Council:

1.   Supports in principle the proposed amendments to the Liverpool Development Control Plan 2008 – Part 2.5 Middleton Grange (the DCP);

2.   Delegates authority to the CEO (or delegate) to make minor or typographical changes to the DCP prior to public exhibition;

3.   Undertakes public exhibition of the DCP amendment, in accordance with the Liverpool Community Participation Plan; and

4.   Receives a further report on the outcome of the public exhibition and community consultation.

 

The subject DCP contains the detailed planning objectives and controls used to guide development and assess Development Applications in the suburb of Middleton Grange
(e.g. fine grain controls relating to building design, landscaping, open space areas, car parking, etc.).

 

The DCP sits under the Liverpool Local Environmental Plan 2008 (LLEP 2008) and therefore does not have the same legal weight as the LLEP 2008. Nonetheless, it is important in providing a clear statement of Council’s design and operational expectations for each type of development.

 

This DCP amendment is required to ensure that the DCP is consistent with the Middleton Grange Local Centre Planning Proposal, which was finalised in 2022 by the NSW Government. Whilst the DCP amendment was initiated together with the Planning Proposal, the NSW Government only finalised the Planning Proposal at the time.

 

As a result, there is currently a misalignment between the LLEP 2008 and the fine grain controls in the DCP which apply to the Local Centre. The overall purpose of this amendment is to resolve this issue and align the two documents.

 

Consistent with Council’s resolution, the DCP amendment (Attachment 2) was publicly exhibited between 13 September 2023 and 20 October 2023, with letters sent to approximately 880 properties (owners and occupiers). A total of 142 submissions were received, of which the majority were objections (see Attachment 3). Nine (9) of the submissions however were duplicated content of other submissions.

 

Whilst several issues were raised in the submissions, the most commonly raised themes included traffic congestion, concerns with the location of 671 apartments in the Local Centre, and the lack of infrastructure present. These concerns, whilst valid, are more applicable to the now finalised Middleton Grange Local Centre Planning Proposal, and/or future Development Applications for the Local Centre site. Further discussion on each of these points is provided within the body of this Report.

 

The DCP amendment was also referred to the Liverpool Design Excellence Panel (DEP) for comment, as required by the Environmental Planning and Assessment Regulation 2021. The Panel made several recommendations in relation to the DCP, including suggested changes to the solar access requirements, tree planting, material and finishes, apartment controls, drainage and other sections of the DCP:

 

Some of these recommendations have been incorporated into the DCP. Recommendations which would result in overly prescriptive controls or should be applied consistently across all chapters of the DCP have not been adopted. A copy of the Minutes from the DEP Meeting is provided in Attachment 4.

 

Further refinements have been made to the amended DCP which was originally endorsed by Council (see Attachment 5 for the track changes version and Attachment 6 for the clean version). In summary, these changes include:

·    Inclusion of a requirement for Southern Cross Avenue to be a fixed road, as per the Resolution of Council of 24 April 2024 (Item – PLAN 04, Recommendation 5);

·    Additional and / or strengthened controls relating to overshadowing, through site links, pedestrian crossings and material selection;

·    Removal of proposed active frontages controls that may be difficult to comply with;

·    Overall simplification of diagrams to improve their clarity and application; and

·    Other changes considered to be minor in nature and / or typographical to improve the overall clarity and cohesiveness of the DCP.

 

It is recommended that Council adopts the changes to the Liverpool Development Control Plan 2008 – Part 2.5 Middleton Grange. If Council does not adopt these changes, the current misalignment between the DCP and the planning controls in the LLEP 2008 will remain an issue for future Development Applications within the Middleton Grange Local Centre.

 

 

That Council:

 

1.    Notes the results of the DCP amendment public exhibition, and feedback received from the Liverpool Design Excellence Panel;

 

2.    Endorses the amendments to the Liverpool Development Control Plan 2008 - Part 2.5 Middleton Grange; and

 

3.    Delegates authority to the CEO (or delegate) to make minor or typographical changes to the DCP prior to publication on Council’s website.

 

 

 

Background

 

History of Middleton Grange Local Centre Planning Proposal

 

The Middleton Grange Local Centre refers to the following lots (see Figure 1) which are zoned E1 Local Centre and R1 General Residential under the Liverpool Local Environmental Plan 2008 (LLEP 2008):

·  Lots 2 – 5 and 6, DP 1207518;

·  Lot 1 DP 1078564;

·  Lot 12 DP 1108343; and

·  Lot 102 DP 1128111.

Figure 1 – Aerial Image of future Middleton Grange Local Centre Site

On 25 June 2015, a Planning Proposal request was lodged by Pacific Planning, seeking to amend the planning controls in the LLEP 2008 for land which forms part of the future Middleton Grange Local Centre.

 

The broad intent of the Planning Proposal was to facilitate the development of the Local Centre and reduce the provision of dual zoning across the lots. The Planning Proposal received a Gateway determination from the then Department of Planning and Environment (DPE) and was publicly exhibited between 29 August 2018 and 26 October 2018, with a total of 867 submissions received. A Post-Exhibition Report was subsequently considered by Council at the Ordinary Meeting of Council on 12 December 2018, where support for the Planning Proposal was withdrawn (Item – EGROW 04).

 

At the Ordinary Meeting of Council on 25 September 2019, Council resolved to assess and publicly exhibit any revised Planning Proposal that is submitted by the Proponent (Item – EGROW 04), and confirmed support for a grid road layout in Middleton Grange.

 

On 29 October 2019, a revised Planning Proposal and supporting DCP amendment showing a grid road layout was lodged with Council. These documents were publicly exhibited between 13 November 2019 and 11 December 2019. A total of 240 submissions were received.

 

On 21 November 2019, Planning Consultants HillPDA Consulting were engaged to assess the merits of the revised Planning Proposal, and to undertake a peer review of the Economic Impact Assessment submitted by the Proponent. During this period, work on the DCP amendment and Voluntary Planning Agreement (VPA) was also being progressed by Council staff, in collaboration with the proponent.

 

Following an extensive independent assessment and recommendation by HillPDA Consulting, at the Ordinary Meeting of Council on 25 August 2021 Council resolved the following (Item – PLAN 02):

 

5.   Endorses the planning proposal, subject to the recommended changes contained within the Hill PDA assessment, and forwards it to the Department of Planning, Industry and Environment with a recommendation that the planning proposal proceeds, with a request that finalisation only occurs once the following are completed:

a)   The execution of a Planning Agreement that establishes a secure mechanism to deliver the proposed supporting public open space and road upgrades as follows:

i.    Construction of an open space park and embellishment works to the area designated as ‘Park 3’ with a minimum area of 2,500 sqm (park will remain in the private ownership of the developer, but with a public access easement);

ii.    Dedication of ‘Park 2’ to Council. Park 2 is the land not currently owned by Council that is proposed to be rezoned RE1 – Public Recreation;

iii.   Construction of a signalised intersection at Main Street and Flynn Avenue and the intersection for the new proposed access lane and Flynn Avenue;

iv.  Construction of an upgrade to the Cowpasture Road intersection, Flynn Avenue from Qantas Boulevard to Ulm Street as a widened 4 lane road within the existing road reserve, in consultation with Council;

v.   Construction of a road upgrade and services for Southern Cross Avenue between the western boundary of the Land to the Middleton Grange Primary School;

vi.  Construction of the culvert and drainage works approved under the Modification DA-64/2007/C; and

vii.  A monetary contribution of $8,000,000;

b)   The finalisation of an amendment to ‘Part 2.5 – Middleton Grange’ of the Liverpool Development Control Plan 2008; and

c)   An amendment to the proposed land acquisition map is made to rectify the inconsistency with the Liverpool Contributions Plan 2008.

The revised Planning Proposal was subsequently forwarded to the NSW Government for their assessment, and was gazetted on 27 April 2022 with a deferred commencement date of 1 November 2022. The deferral period was granted to allow for the VPA to be finalised, which was then formally executed on 24 November 2022.

 

The Planning Proposal resulted in various mapping changes and two (2) new clauses being inserted into the LLEP 2008: Clause 7.42 ‘Development of Middleton Grange Town Centre’ and Schedule 1 Clause 31 ‘Use of certain land at Middleton Grange Town Centre’.

 

There have been two expedited Planning Proposals (i.e. Section 3.22 Amendments) which have further amended the LLEP 2008 planning controls applying to this site.

 

The first Section 3.22 Amendment amended the Minimum Lot Size map to reflect the changes made to all the other relevant maps of the LLEP 2008 and ensure consistency. This was completed on 9 February 2024.

 

More recently, another Section 3.22 Amendment was progressed. This amended Clause 7.42 of the LLEP 2008 to allow for the roads in the centre to be constructed and dedicated to Council ahead of building works, without impacting the achievable density envisioned for the site. This Amendment also rectified minor errors and drafting issues identified with Clause 7.42 (e.g. changed reference to ‘apartments’ to the more inclusive ‘dwellings’).

 

Council endorsed this Section 3.22 Amendment at the Ordinary Meeting of Council on 24 April 2024 (Item – PLAN 02), with the amendment finalised by the DPHI on 27 September 2024.

 

DCP Amendment

 

Whilst this DCP amendment was initiated together with the Planning Proposal, the NSW Government only finalised the Planning Proposal at the time. As a result, amendments to the DCP still need to be finalised to align with the LLEP 2008. Completion of the DCP amendment is also in accordance with the Resolution of Council from 25 August 2021.

 

Accordingly, the draft DCP amendment was presented to Council (Item – PLAN 07) at the Ordinary Meeting of Council on 30 August 2023 (see Attachment 1). At this meeting, it was resolved: 

 

That Council:

 

1.   Supports in principle the proposed amendments to the Liverpool Development Control Plan 2008 – Part 2.5 Middleton Grange (the DCP);

2.   Delegates authority to the CEO (or delegate) to make minor or typographical changes to the DCP prior to public exhibition;

3.   Undertake public exhibition of the DCP amendment, in accordance with the Liverpool Community Participation Plan; and

4.   Receives a further report on the outcome of the public exhibition and community consultation.

This Report seeks to resolve ‘Recommendation 4’ of the above resolution.

 

Other Relevant Council Reporting

 

Separate from the Middleton Grange Local Centre Planning Proposal and supporting DCP amendment, a Report (Item – PLAN 04) was considered by Council at Ordinary Meeting of Council on 24 April 2024 regarding the renaming of several streets in Middleton Grange.

 

As part of this project, several residents along Southern Cross Avenue / Seventeenth Avenue East voiced concerns that their address had already changed on multiple occasions in the past. These residents were also apprehensive that their address may change again as a result of development within the future Local Centre

 

As a result, staff recommended a provision be inserted into the DCP to ensure the position of Southern Cross Avenue remains fixed. Accordingly, Council resolved (amongst other items) the following:

 

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

 

This provision has also been included in the DCP post exhibition, as detailed further below.

 

Proposed DCP Amendment

 

The DCP contains the detailed planning objectives and controls used to guide development and assess Development Applications in the suburb of Middleton Grange (e.g. fine grain controls relating to building design, landscaping, open space, parking etc).

 

The DCP sits under the LLEP 2008 and therefore does not have the same legal weight as the LLEP 2008. Nonetheless, it is important in providing a clear statement of Council’s design and operational expectations for each type of development.

 

The amended DCP (Attachment 2) was presented to Council at Ordinary Meeting of Council on 30 August 2023. Details of the proposed changes at that time are detailed in Attachment 1.

 

 

Community Consultation Summary

 

In accordance with the Liverpool Community Participation Plan, the DCP amendment was publicly exhibited between 13 September 2023 and 20 October 2023, with letters sent to approximately 880 properties (owners and occupiers).

 

Information regarding the draft DCP was also available on Council’s public exhibitions and notices page, as well as Liverpool Listens.

 

Exhibition Period Outcomes

 

A total of 142 submissions were received, with a large majority of submitters objecting to the proposal. Nine (9) of the submissions however were duplicated content of other submissions. An overview of the main themes raised, and a response to each is provided below. The redacted submissions are also provided in Attachment 3.

 

Issue 1 – Traffic Congestion

 

The most commonly raised concern was regarding traffic congestion. Submissions stressed that any development at the Local Centre site will result in additional traffic demand travelling to and from the Local Centre, which will exacerbate existing localised congestion.

 

Submitters noted the already significant waiting times when entering and exiting the suburb of Middleton Grange during peak periods. Existing issues in relation to road widths and insufficient parking for dwellings and facilities in areas surrounding the Local Centre and more broadly across the suburb were also noted.

 

Response: The DCP does not propose any development itself and does not seek to intensify the development potential of the Local Centre. The revised road network shown in DCP has already been approved by Council under DA-64/2007 (and various modification applications to this DA).

 

Any future Development Application seeking approval for building works within the Local Centre will undergo public exhibition, enabling feedback to be received from the community. Depending on the type and scale of development proposed, a Tranpsort Impact Assessment (TIA) may also need to be submitted as part of the Application.

 

Issue 2 – Unsupportive of 671 Apartments

 

A substantial number of submissions objected to the construction of 671 apartments within the Local Centre, or the construction of apartments generally in this location. It was noted that development at this scale is excessive and not in line with the existing suburb characteristics.

 

Concerns about apartments were specifically raised in relation to:

·  Overlooking and privacy, particularly into the adjoining school;

·  Density and overpopulation;

·  Negative impact on low-density character of the suburb;

·  Negative impact on land values and housing prices;

·  Proposed public housing;

·  Disturbances during construction; and

·  Fire safety and evacuation concerns.

 

Response: The reference to 671 apartments comes from a control in Clause 7.42 ‘Development of Middleton Grange Town Centre’ of the LLEP 2008 which states that development consent must not be granted in the Local Centre if the development will result in more than 671 apartments. This Clause was inserted at the finalisation of the Middleton Grange Local Centre Planning Proposal after it was endorsed by Council on 25 August 2021. The Clause only limits the maximum number of apartment units which can be developed at the site, which means a Development Application can theoretically propose less dwellings.

 

Notwithstanding the above, it is noted that the DCP sits under the LLEP 2008 and therefore cannot supersede it. Furthermore, the DCP only seeks to align with the controls in the LLEP 2008 and does not propose any actual development of residential apartments. Furthermore, a Development Application would still be required prior to the approval of any apartments, during when an assessment would be undertaken of the matters raised above in accordance with the State-enforced Apartment Design Guidelines.

 

Issue 3 – Lack of Infrastructure

 

A key concern raised was the lack of infrastructure to support the Local Centre and any future development associated with it. More specifically, the submitters mentioned a lack of public transport connectivity (i.e. local bus services and heavy rail) and alternative routes to enter and exit the future Local Centre.

 

Response: As detailed above, the NSW Government deferred the Planning Proposal to allow time for a VPA between Council and the Developer to be finalised. The VPA made arrangements for the provision of infrastructure to support the development of the Local Centre, and included the following items to be delivered by the Developer:

·  Various road upgrades and intersection treatments

·  Drainage works

·  Dedication of a new park and its embellishment

·  Monetary contribution for public benefit

 

Delivery of these items in accordance with the VPA is currently underway, with road works being completed at the site.

 

Regarding the lack of public transport connectivity, the DCP amendment identifies revised bus stop locations along the periphery of the Local Centre site, however the activation of these locations ultimately lies with Transport for NSW (TfNSW).

 

Council will nevertheless continue to advocate for improved public transport connectivity to and from the Local Centre, and surrounding areas in Middleton Grange.

Liverpool Design Excellence Panel

 

In accordance with Clause 15 of the Environmental Planning and Assessment Regulation 2021, the DCP amendment was referred to the Liverpool Design Excellence Panel (DEP) on 14 September 2023 for comment.

 

The DEP’s comments and Council staff responses are summarised in Table 1. The formal Minutes from the DEP Meeting are also provided in Attachment 4.

 

Table 1 – Summary of DEP Recommendations and Council Staff Responses

DEP Recommendation	Council Staff Response
Where controls already exist in the Apartment Design Guidelines (ADG) or in Better Placed, the DCP can refer to those documents to avoid creating contradictions or overlaps.	The DCP has been updated to require compliance with the Apartment Design Guidelines (ADG).
The DCP does not sufficiently describe the overall vision and desired future character for the precinct (e.g. buildings, open spaces, streets).	Where there may be perceived gaps in the written controls, the newly proposed diagrams are prescriptive in outlining the vision for the future Local Centre. These diagrams are derived from the Urban Design Report that supported the Middleton Grange Local Centre Planning Proposal.
Further details required on the proposed street network and through site links (e.g. ownership and nature of through site links).	The street network has already been approved under DA-64/2007 with the DCP maps being updated to reflect this approval. The nature of the through site links will largely depend on building front and surrounding retail / commercial activity.
Consider a minimum 3 hours solar access requirement within 50% of the open space areas in the Local Centre in mid-winter.	This recommendation has been adopted in the DCP for the open space areas within the Local Centre.
Consider broader scale landscape design coordination across the precinct. (e.g. align new pedestrian crossing with the proposed East-West through-site links.	A control has been inserted which stipulates that pedestrian crossing treatments and locations are to be determined in consultation with Council.
Include a street tree planting layout including integration of the relevant details for WSUD.	Figure 12 of the DCP provides a Street Tree Planting layout. Water sensitive urban design provisions should be consistently introduced to all chapters of the DCP, and not just one site specific chapter.
Consider a list of native and low watering species in DCP.	Council’s City Design and Public Domain team recently publicly exhibited a Tree Management Framework. Once endorsed and finalised, these can be utilised to amend all chapters of the DCP.
The Panel strongly recommends a minimum extent of tree canopy cover and deep soil zone (possibly exceeding the ADG-criteria).	A minimum tree canopy cover has been proposed in certain sections.
DCP should offer guidance on suitable materials with lower Solar Absorptance (SA) rating.	The materials and finishes section of the DCP has been amended in consultation with Council’s City Design and Public Domain team.
The DCP should require a response to Country. using the GANSW Connecting with Country framework.	The overarching Planning Principles for the DCP have already been amended to include a reference to connection to Country.
Further detailed comments are provided across the draft DCP.	These have been taken into consideration with further amendments proposed throughout the DCP as a result of these comments.

 

 

Further Changes to DCP

 

Following the public exhibition period and feedback from the Liverpool DEP, further amendments have been made to the DCP, which are summarised below:

 

·     Inclusion of a requirement for Southern Cross Avenue to be a fixed road as per the Resolution of Council from 24 April 2024 (Item – PLAN 04, Recommendation 5).

 

·    Additional and / or strengthened controls relating to:

-     overshadowing of open space areas;

-     through site link requirements;

-     consultation with Council on pedestrian crossings; and

-     sustainable materials selection.

 

·    Removal of proposed active frontage controls which may be difficult / unrealistic to comply with.

 

·    Overall simplification of diagrams to improve their clarity and application including:

-     Removal of irrelevant intersection details from drainage diagrams;

-     Deletion of Local Centre cycling diagram as it replicates the information in the suburb cycling diagram;

-     Improvements to suburb cycling diagram including simpler headings and designation of cycling treatment based on what is existing and / or approved;

-     Designation of a street activation type (i.e. primary or secondary) along an entire frontage type, instead of having multiple variations along a single road; and

-     Application of street wall controls to areas of the Local Centre which had missing details.

·    Other changes considered to be minor in nature and / or typographical to improve the overall clarity and cohesiveness of the DCP.

 

The final DCP amendment is provided in both Attachment 5 (track changes version) and Attachment 6 (clean version).

 

Next Steps

 

It is recommended that Council endorses the DCP amendment. If supported by Council, the amended DCP will be published on Council’s website and submitted to the Secretary of the Department of Planning, Housing and Infrastructure.

 

Should Council choose to not adopt the proposed DCP amendments, the current misalignment between the DCP and the planning controls in the LLEP 2008 will continue to be an ongoing issue for the development of the Middleton Grange Local Centre.

 

 

There are no financial implications relating to this recommendation.

 

 

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Enhance the environmental performance of buildings and homes. Facilitate economic development.
Environment	Minimise household and commercial waste. Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Enhance the environmental performance of buildings and homes.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people. Support access and services for people with a disability.
Civic Leadership	Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Encourage the community to engage in Council initiatives and actions.
Legislative	Clause 14 - 20 of the Environmental Planning and Assessment Regulation 2021.
Risk	The risk is deemed to be low. There is a risk that if the DCP amendment is not endorsed, the current misalignment between the planning controls in LLEP 2008 and the existing DCP will continue to be an ongoing issue for the development of the Middleton Grange Local Centre. Given the recommendation of this report, the risk is considered within Council’s appetite.

 

 

1.         Report and Minutes of Council Ordinary Meeting 30 August 2023 (Under separate cover)

2.         Publicly Exhibited Draft DCP Amendment (Track Changes Version) (Under separate cover)

3.         Public Exhibition Period Submissions (Redacted) (Under separate cover)

4.         Liverpool Design Excellence Panel Meeting Minutes (Under separate cover)

5.         Final DCP Amendment (Track Changes Version) (Under separate cover)

6.         Final DCP Amendment (Clean Version) (Under separate cover)

7.         ASIC extract Manta Group Developments PTY Limited (Under separate cover) - Confidential

8.         ASIC extract Al-Somai Developments Group PTY Limited (Under separate cover) - Confidential

 

Ordinary Meeting

10 December 2024

 

 

PLAN 02

Liverpool Local Traffic Committee - Committee Charter Update

 

Strategic Objective	Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework
File Ref	357264.2024
Report By	Patrick Bastawrous - Coordinator Traffic and Transport
Approved By	Lina Kakish - Director Planning & Compliance

 

 

Council Staff have undertaken a review of the Liverpool Local Traffic Committee Charter and proposed modifications to the framework that will see improved transparency and effective management of the Committee.

 

The review has taken into consideration the recent changes to the Transport for NSW ‘Guide to the Delegation to Councils for the Regulation of Traffic’, including the ‘Temporary Delegation to Council’s for Minor Works’.

 

The Charter has been reviewed and endorsed by the Liverpool Local Traffic Committee at its meeting held 06 November 2024.

 

This report seeks Council’s approval of the updated Liverpool Local Traffic Committee Charter.

 

 

That Council adopts:

 

1.    The Liverpool Local Traffic Committee Charter (November 2024) as indicated in Attachment 1.1; and

 

2.    The Liverpool Local Traffic Committee Charter (November 2024) – Supplement – Temporary Delegations as indicated in Attachment 1.2

 

 

 

 

 

Background

 

Transport for NSW (TfNSW) is the organisation responsible for the control of traffic on all roads in New South Wales under the Roads Act 1993 and the Road Transport Act 2013. To deal with the increased need for locally managed traffic control, TfNSW delegates certain aspects of the control of traffic on local roads to Councils.

 

TfNSW has retained both the control of traffic on the State's classified road network and the control of traffic signals and speed limits on all roads.

 

Local Traffic Committee

 

Councils generally obtain advice by establishing a Local Traffic Committee, composed of four formal members each with one vote. These four members are a representative from council, NSW Police, TfNSW and the local State Member of Parliament or their nominee.

 

The Local Traffic Committee is an advisory body only, having no decision-making powers. It is, primarily, a technical review committee that is required to advise the council on traffic and transport related matters referred to it by council.

 

Regional Traffic Committee

 

No Regional Traffic Commissioner has been delegated with TfNSW’s powers since late-2019. As such, Regional Traffic Committee is currently not in operation.

 

Temporary Delegation

 

In 2023, the Temporary Delegation to Councils No.2 (the Temporary Delegation) was issued to give councils an alternative pathway (separate from the Local Traffic Committee process) to implement select works supportive of the following:

 

·  Walking

·  Cycling

·  Public amenity

·  Road safety

·  Parking management

 

Items that do not regulate traffic, such as speed cushions, pedestrian crossings or parking changes do not now require Local Traffic Committee approval, although advice may still be sought. Items that constitute ‘regulation of traffic’ would continue to go to the Local Traffic Committee, such as road closures or turn bans. These delegations are a result of the Instrument of Delegation and Authorisation issued by the Secretary of TfNSW. For a more detailed description of the temporary delegations please refer to the following link Temporary delegation to councils | Transport for NSW or the attached factsheet.

 

Council Governance

 

In the absence of Local Traffic Committee approvals for items covered by the temporary delegation, Councils can determine their own internal governance process to approve these items. A governance structure has been put forward as part of the revised charter. This is a new process that has been developed by Planning & Compliance.

 

 

Summary

 

The revised Charter has incorporated the requirements of Transport for NSW in managing the Local Traffic Committee process, whilst also providing governance over the way in which items can be implemented under the ‘Temporary Delegations’.

 

 

There are no financial implications relating to this recommendation.

 

 

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	A Guide to the Delegation to Councils for the Regulation of Traffic Roads and Maritime Servies - Delegation to Councils - Regulation of Traffic Roads Act 1993 Road Transport Act 2013 Instrument of delegation and authorisation: Temporary delegation to councils 2023 There are no legislative considerations relating to this report.
Risk	The risk is deemed to be Low. Given the measures included in the revised Charter, the risk can be managed dependent on the likely impact of each proposal taken to the relevant internal staff committees.

 

 

1.         Liverpool Local Traffic Committee Charter November 2024 - New

2.         Liverpool Local Traffic Committee Charter November 2024 - Supplement - Temporary Delegations

3.         Temporary Delegations - Council Factsheet

4.         Liverpool Local Traffic Committee Charter March 2022 - Old

 

1
PLAN 02	Liverpool Local Traffic Committee - Committee Charter Update
Attachment 1	Liverpool Local Traffic Committee Charter November 2024 - New

 

1
PLAN 02	Liverpool Local Traffic Committee - Committee Charter Update
Attachment 2	Liverpool Local Traffic Committee Charter November 2024 - Supplement - Temporary Delegations

 

1
PLAN 02	Liverpool Local Traffic Committee - Committee Charter Update
Attachment 3	Temporary Delegations - Council Factsheet

 

1
PLAN 02	Liverpool Local Traffic Committee - Committee Charter Update
Attachment 4	Liverpool Local Traffic Committee Charter March 2022 - Old

 

Ordinary Meeting

10 December 2024

 

 

PLAN 03

Implementing a Minimum Lot Size for Dual Occupancies in the R2 Zone

 

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	355010.2024
Report By	Lilyan Abosh - Acting Senior Strategic Planner
Approved By	Lina Kakish - Director Planning & Compliance

 

 

On 15 December 2023, the Department of Planning, Housing and Infrastructure (DPHI) released for public exhibition the ‘Explanation of Intended Effect: Changes to create low and mid-rise housing’ (EIE). The EIE proposed, amongst other things, to allow for dual occupancies to be constructed in all R2 Low Density Residential zones across NSW.

 

In response, a submission was prepared and subsequently endorsed by Council at the Ordinary Meeting of Council on 27 March 2024. The submission outlined Liverpool’s already significant capacity for additional housing, both under existing planning controls as well as through active Planning Proposals like the Local Environmental Plan (LEP) Review Project.

 

It also advocated for a more bespoke approach to housing reform, which would better reflect the character of the Liverpool Local Government Area (LGA). Both the Council Report and submission to the DPHI are provided in Attachment 1.

 

On 1 July 2024 however, Stage 1 of the Low- and Mid-Rise Housing Reforms came into effect. Stage 1 made dual occupancies a permitted land use within all R2 Low Density Residential (R2) zones in NSW (with some environmentally based and location specific exceptions).

 

Prior to this reform, dual occupancies were prohibited in the R2 zone of the Liverpool Local Environmental Plan 2008 (LLEP 2008).

 

The LLEP 2008 is the legislation which guides development outcomes through zoning, zone objectives and planning controls (e.g. maximum height of buildings). The LLEP 2008 applies to the eastern established suburbs and rural areas of the Liverpool LGA.

 

As a result of the Stage 1 reforms, a Development Application (DA) can now be lodged with Council for the construction of a dual occupancy in the R2 zone. Approval sought through Complying Development Certificate (CDC) applications will come into effect on 1 July 2025.

 

Because dual occupancies were previously prohibited, there is currently no applicable minimum lot size control applying to this development type. The minimum lot size however is an important control to ensure a lot can adequately accommodate for landscaping, private open space, car parking and solar access requirements.

 

Given there are multiple Councils in a similar situation, on 25 September 2024 the DPHI wrote to Council (see Attachment 2), advising they would be willing to amend the LLEP 2008 (and other Council Planning Instruments) to insert a minimum lot size requirement without the need for an individual Planning Proposal to be initiated by Council. The nominated minimum lot size would apply to Development Applications seeking approval for the construction of a dual occupancy as well as CDC applications.

 

This Report is in response to the correspondence received from the DPHI and recommends a minimum lot size of 600m² as well as a minimum lot width of 15 metres to be applied to dual occupancies in the R2 zone, for Council endorsement.

 

A minimum lot size of 600m² (i.e. assuming an equal split is 300m² per dwelling) will unlock approximately one-third (30.08%) of all R2 zoned lots under the LLEP 2008 for dual occupancy development. Material supporting the proposed change is summarised in this Report and expanded upon further in the Minimum Lot Size Report provided in Attachment 3.

 

It is recommended that Council endorse the draft submission to be sent to the DPHI, including the proposed minimum lot size of 600m² and minimum lot width of 15 metres.

 

It is noted that the DPHI has requested receipt of a Council-endorsed response no later than 14 February 2025. Should this deadline be missed, there is a risk that Council would need to initiate its own Planning Proposal to implement a minimum lot size.

 

Given the lengthy timeframes associated with a Planning Proposal (e.g. the benchmark timeframe for a standard planning proposal is 320 days), there would be a significant period of time whereby no minimum lot size regulating dual occupancy development in the Liverpool LGA would apply.

 

 

 

That Council:

 

1.   Notes the formal correspondence received from the Department of Planning, Housing and Infrastructure at Attachment 2 regarding the nomination of a minimum lot size for Dual Occupancies in the R2 Low Density Residential zone;

 

2.   Endorses the draft submission at Attachment 3 for a proposed minimum lot size requirement of 600m² and minimum lot width of 15 metres for Dual Occupancies in the R2 Low Density Residential zone of the Liverpool Local Environmental Plan 2008;

 

3.   Forwards the submission to the Department of Planning, Housing and Infrastructure; and

 

4.   Delegates to the Chief Executive Officer (or delegate) to amend the draft submission for any typographical and other minor errors / amendments if required.

 

 

 

Background

 

Letter to Minister for Planning and Public Spaces

 

On 30 October 2023, the Minister for Planning and Public Spaces, the Hon. Paul Scully MP, wrote to Councils requesting a review of local policy settings to help increase the supply and diversity of homes. This request involved the identification of well-located areas where terraces, small unit blocks or mid-rise apartments could be permitted.

 

A Mayoral Report (Item – MAYOR 01) and responding Letter to the Minister was tabled at the Ordinary Meeting of Council on 13 December 2023. The Letter affirmed Council’s commitment to the delivery of additional medium-density housing, particularly if supporting infrastructure improvements are provided to help unlock development potential.

 

It also noted Liverpool’s already significant capacity for additional housing, both under existing planning controls as well as through active Planning Proposals in the pipeline like the LEP Review Project. The Letter was endorsed by Council and subsequently sent to the Minister on 21 December 2023.

 

Low- and Mid-Rise Housing Reforms

 

On 15 December 2023, the Department of Planning, Housing and Infrastructure (DPHI) released for public exhibition the ‘Explanation of Intended Effect: Changes to create low and mid-rise housing’ (EIE).

 

In summary, the EIE proposed the following changes to the NSW Planning Framework:

·    Allow dual occupancies in all R2 Low Density Residential zones across NSW;

·    Allow terraces, townhouses and two-storey apartments close to transport hubs and town centres in R2 Low Density residential zones across the Six Cities Region; and,

·    Allow mid-rise apartment blocks (3 to 6 storeys) close to transport hubs and town centres in R3 Medium Density zones across the Six Cities Region.

 

An interim submission was prepared by Council staff and submitted to the DPHI on 23 February 2024. The submission outlined Council’s position on the proposed reforms, mirroring the concerns raised in the Letter to the Minister. It advocated for a more bespoke approach to housing reform, which better reflects the character of the Liverpool LGA.

 

The submission was subsequently tabled and endorsed by Council at the Ordinary Meeting of Council on 27 March 2024. Following Council endorsement, the interim submission was updated to reflect Council endorsement and re-submitted to the DPHI for consideration. The Council Report and Submission are provided in Attachment 1.

 

Commencement of Stage 1 of Low- and Mid-Rise Housing Reforms

 

On 28 June 2024, the DPHI wrote to Council advising that Stage 1 of the reforms would officially come into effect on 1 July 2024. Stage 1 of the reforms included the following changes:

·    Permit with consent dual occupancies in the R2 Low Density Residential (R2) zone through a Development Application immediately

·    Permit with consent dual occupancies in the R2 Low Density Residential (R2) zone through a Complying Development Certificate (CDC) as of 1 July 2025; and

·    Permit semi-detached dwellings in the R2 zone through a Development Application.

 

In the Liverpool LGA, development is primarily regulated under the following two Environmental Planning Instruments:

·    The Liverpool Local Environmental Plan 2008 (LLEP 2008) which covers the established suburbs and rural areas; and

·    The State Environmental Planning Policy (Precincts—Western Parkland City) 2021 (SEPP WPC 2021) which covers the growth centres (e.g. Austral, Leppington North etc.) and the Aerotropolis under various chapters.

The boundaries for both Planning Instruments applicable within the Liverpool LGA are presented in Figure 1.

Figure 1 – LGA Map showing land covered by the LLEP 2008 (blue) and SEPP WPC 2021 (multiple colours).

 

Both Planning Instruments guide development outcomes through zoning, zone objectives and planning controls (e.g. maximum height of buildings).

 

Stage 1 did not have an impact on land covered by the SEPP WPC 2021 as semi-detached dwellings and dual occupancies were already permitted with consent in the R2 zone of the SEPP WPC 2021.

 

Under the LLEP 2008, while semi-detached dwellings were already permitted in the R2 zone, dual occupancies were not permitted prior to the reforms. As a result, there is currently no applicable minimum lot size for dual occupancies in R2 zone of the LLEP 2008.

 

Given there are multiple Councils in a similar situation, on 25 September 2024 the DPHI wrote to Council (see Attachment 2) and advised they would be willing to amend the LLEP 2008 (and other Council Planning Instruments) to insert a minimum lot size requirement without the need for an individual Planning Proposal to be initiated by Council.

 

The nominated minimum lot size would apply to Development Applications seeking approval for the construction of a dual occupancy as well as CDC applications, once this pathway is made available on 1 July 2025.

 

LEP Review Project

 

The LEP Review Project was initiated following the Ordinary Meeting of Council on 2 February 2022, where Council endorsed their commitment to “Start the process to create a new Liverpool LEP as a matter of urgency”.

 

Since this Council Resolution, significant work has been undertaken to review the existing LLEP 2008, and prepare a Principal Planning Proposal for a new LEP, which will ultimately replace the LLEP 2008.

 

The key objectives of this Project are to ensure the new LEP aligns with the strategic vision of the Western City District Plan, and to implement actions from Council’s endorsed Land Use Strategies (e.g. the Liverpool Local Housing Strategy) and Local Strategic Planning Statement (LSPS).

 

Proposed Minimum Lot Size for Dual Occupancies

 

Defining Dual Occupancy

 

The term ‘dual occupancy’ is defined in the Standard Instrument Local Environmental Plan as follows:

 

          Dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).

 

o  Dual occupancy (attached) means two (2) dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

 

o  Dual occupancy (detached) means two (2) detached dwellings on one lot of land, but does not include a secondary dwelling.

 

It is noted that that a dual occupancy (attached) is commonly confused with semi-detached dwelling, which are a similar built form. This land use is defined as follows:

 

Semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

 

Based on these definitions, the key difference between the two development types is that a dual occupancy development is contained to one lot of land, whereas as a semi-detached development will have each dwelling on a separate lot (i.e. subdivided).

 

As shown in Figure 2, both these housing forms are examples of medium density housing.

 

Figure 2 – Medium Density Housing Types and Diagrams (Source: Liverpool Local Housing Strategy)

Recommended Minimum Lot Size for Dual Occupancies

 

A minimum lot size control establishes the smallest allowable area of land needed for a dual occupancy to be developed on the site. The purpose of this control is to ensure the lot can adequately accommodate landscaping, open space, car parking and enable solar access requirements.

 

Most Councils implement a minimum lot size requirement for dual occupancies in their LEPs (refer to Table 1 below). Where a Council does not implement a minimum lot size, they typically have other restrictions in place (e.g. requirements for the development to be consistent with the predominant character of the street).

 

The minimum lot size in an LEP also works to override the minimum lot size of 400m² contained in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) for CDC applications.

 

If Council does not nominate an alternate minimum lot size control, the default 400m² lot size will apply to development sought under the Complying Development pathway.

 

It is noted that the proposed minimum lot size for Liverpool is similar to the minimum lot sizes implemented by other Councils, including those with boundaries adjacent to the Liverpool LGA like Camden, Fairfield and Sutherland.

 

Table 1 – Examples of Minimum Lot Sizes in other LEPs (m²)

LGA	Dual Occupancy (attached)		Dual Occupancy (detached)
	Lot	Width	Lot	Width
Woollahra	460-930		460
Georges River	650	15	650	15
Hunters Hill	700		900
Penrith	550-650		650-750
Canterbury -Bankstown	500	15	700	20
Strathfield	560
Willoughby	700		900
Sutherland	600		600
Camden	600-800	18-22	600-800	18-22
Parramatta	600-1800	15	700-1800	15
Blacktown	500		600
Cumberland	550
Randwick	550
Ryde	580	15
Wollondilly	800		975
Blue Mountains	900		1100
Fairfield	600 - 900		600-900
Campbelltown	700-100ha		700-100ha

 

As part of the LEP Review Project, and the supporting Residential Lands Investigation undertaken by Mecone, significant research and analysis has already been undertaken on residential trends, feasibility and urban design. This existing body of work has been used to determine an appropriate minimum lot size for the R2 zone.

 

Figure 3 highlights the percentage of R2 zoned lots eligible for dual occupancy development under the LLEP 2008, based on various minimum lot sizes. Based on this analysis, it is recommended that a minimum lot size of 600m² (i.e. assuming an equal split is 300m² per dwelling) is nominated, which will unlock approximately one third (30.08%) of all R2 zoned lots for dual occupancy development.

 

Material supporting the proposed change is summarised below and expanded upon further in the Minimum Lot Size Report provided in Attachment 3.

 

Figure 3 – Analysis of R2 Lots eligible for Dual Occupancy Development under the LLEP 2008

1.   Application of the R2 Zone

The LLEP 2008 includes a significantly smaller quantity of land zoned R2 than that typical of other LGA’s located within Greater Sydney. Whilst 77% of residential zones in Local Environmental Plans (LEPs) across Greater Sydney are zoned R2, this zone only reflects 51% of residential land under the LLEP 2008. Reliance on the R2 zone to deliver substantial additional housing is therefore not needed.

 

As a result of this zoning composition, the R2 zone applies to land greater than 800 metres from a centre (i.e. employment zoned land), which is where retail and commercial uses, social infrastructure and public transport (train station or bus stops) are located.

 

These R2 zoned areas therefore have poor access to retail, infrastructure and services with some being over 2km away from the essential services provided within a centre. They also typically have little to no access to public transport. Allowing for a significant number of additional dwellings in these areas is not reflective of the available servicing and infrastructure provision.

 

2.   Character of the R2 Zone

The majority of the R2 zone has been developed as one and two-storey single dwellings. Semi-detached and attached dwellings are also permissible uses within the zone however are not as common as single dwellings.

 

A minimum lot size of 600m² (essentially 300m² per dwelling) would unlock a notable percentage of lots, whilst still balancing the need to maintain the character of the area. This is because the most frequently applied minimum lot size for subdivision in the R2 zone is 300m². To also carry out development similar to a dual occupancy (e.g. semi-detached dwelling) a parent lot that has an area of 600m² is also typically required.

 

This also aligns with feedback received during the early community engagement period held for the LEP Review Project. There was significant community support for the protection of suburban character (see Figure 4). Whilst there was support for density near centres, there was a clear message regarding the need to preserve low-density areas away from centres.

 

Figure 4 – Community Survey Responses to Protection of Suburban Character

3.   LEP Review Project

Despite being on track to meet its housing targets and having extensive capacity for additional housing, Council continues to review controls to promote infill development through the LEP Review Project.

 

The LEP Review Project will overall see latent dwelling capacity under the LLEP 2008 increase by a further 9,425 dwellings. The LEP Review Project, and resulting Principal Planning Proposal, was endorsed by Council at the Ordinary Meeting of Council on 29 May 2024 (Item PLAN 05). The Proposal is currently being assessed by the DPHI for a Gateway determination.

 

A key focus of this Project is to encourage the delivery of medium density housing in appropriate locations, including the R3 Medium Density Residential zone. This is because this zone is widespread in its application and is land located within 800 metres of a centre. Consequently, it is considered the most suitable location for more density.

 

Significant changes have been proposed to the planning controls for this zone, as summarised in Table 2.

 

 

Table 2 – Proposed R3 Zone Development Standards under the LEP Review Project

R3 Development Standards	LLEP 2008	New LEP
Height of Building (HOB)	8.5m	9m
Floor Space Ratio (FSR)	0.55:1	Nil
Landscaping	Nil (in LEP)	25%
Minimum Lot Size Medium Density (Torrens)	250sqm	200sqm
Minimum Lot Size Single Dwellings	300sqm	400sqm (to discourage single dwellings and encourage medium density development)
Corner / End Block Sites (requires amalgamation)	-	RFB Permissible, Bonus 11.5m HOB and 10% Landscaping

 

In addition to the above, it is also proposed to permit dual occupancies within the R3 zone, to further encourage diverse housing types. The minimum lot size proposed for dual occupancies in this zone endorsed by Council is 550m². This figure has been nominated specifically for the R3 zone, having regard to its proximity to centres, combined with the project objective to boost medium density housing within this zone.

 

Application of the same lot size of 550m² to the R2 zone would unlock 46.6% (or 14,400 lots) for dual occupancy development. This poses a risk of overdevelopment and would likely trigger the need for additional infrastructure provision in areas that have poor infrastructure servicing currently.

 

4.   Other Key Projects

Separate to the LEP Review Project, Council is also currently progressing several Planning Proposals which will continue to support and increase the delivery of housing across the LGA. These include Leppington Town Centre, the Moorebank East sites and Moore Point. 

 

Greenfield growth areas such as Edmondson Park, Austral and Leppington North also continue to provide a future pipeline of tens of thousands of new dwellings on Sydney’s western fringe.

 

Recommended Minimum Lot Width

 

It is also proposed to implement in the LLEP 2008 a minimum lot width control of 15 metres. Like lot size, most Councils implement a minimum lot width for dual occupancies either in their LEP (e.g. Canterbury-Bankstown, Camden etc) or their Development Control Plan (which is the document that contains the more fine grain planning controls such as car parking). A minimum lot width control is particularly effective in the following ways:

·    Managing the visual impacts and dominance of garages on the streetscape;

·    Providing flexibility to deliver favourable building layouts;

·    Maximising doors and windows overlooking the street;

·    Providing opportunities for on-street parking (e.g. in between two driveways) are increased; and

·    Granting appropriate space for trees and servicing.

 

Together with a minimum lot size, these controls work in tandem to balance on-street and off-street parking, and ensure the land can adequately accommodate landscaping, open space, and solar access requirements.

 

The inclusion of a minimum lot width specifically in the LLEP 2008 will ensure the development standard is given more weight. Under Clause 4.6 of the LLEP 2008, variations to the minimum lot width can still occur if justified.

 

A minimum lot width of 15 metres is consistent with the Codes SEPP, which is the NSW-wide policy that allows for complying development to occur. The Codes SEPP sets a minimum lot width of 15 metres for dual occupancies in most scenarios.

 

Next Steps

 

It is recommended that Council endorse the draft response and forward to the DPHI for their consideration.

 

It is noted that the DPHI has requested receipt of a Council-endorsed response no later than 14 February 2025. Should this deadline be missed, there is a risk that Council would need to initiate its own Planning Proposal to implement a minimum lot size.

 

Given the lengthy timeframes associated with a Planning Proposal (e.g. the benchmark timeframe for a standard planning proposal is 320 days), there would be a significant period of time whereby no minimum lot size regulating dual occupancy development in the Liverpool LGA would apply.

 

For complying development, if Council does not nominate a minimum lot size requirement, the default lot size of 400m² in the Codes SEPP will apply to development sought under a Complying Development pathway from 1 July 2025.

 

 

 

 

There are no financial implications relating to this recommendation.

 

Economic	Enhance the environmental performance of buildings and homes. Facilitate economic development.
Environment	Enhance the environmental performance of buildings and homes.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place. Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Part 12 of State Environmental Planning Policy (Housing) 2021
Risk	The risk is deemed to be Medium. The NSW Government requires a response with Council endorsement by 14 February 2025. Therefore, if Council does not endorse the minimum lot size, then the deadline will be missed, and Council staff may need to initiate a separate Planning Proposal. Given the lengthy timeframes associated with a Planning Proposal, there will be a significant period of time during which there is no minimum lot size regulating Development Applications for dual occupancy development within the Liverpool LGA.

 

 

1.         Council Report and Endorsed Submission - 27 March 2024 (Under separate cover)

2.         Letter from DPHI to Council - Nomination of a Minimum Lot Size (Under separate cover)

3.         Minimum Lot Size for Dual Occupancy Development - Justification Report (Under separate cover)

4.         Completed DPHI Form - Nomination of Minimum Lot Size (Under separate cover)

 

Ordinary Meeting

10 December 2024

 

 

PLAN 04

Planning Proposal - Heritage Listing for Lot 17 Leacocks Lane, Casula

 

Strategic Objective	Healthy, Inclusive, Engaging Embrace the city’s heritage and history
File Ref	361074.2024
Report By	Rumana Akhter - Community Planning Policy Officer
Approved By	Lina Kakish - Director Planning & Compliance

 

 

At the Ordinary Meeting of Council on 24 July 2024, Council resolved to prepare a Planning Proposal to amend Schedule 5 of the Liverpool Local Environmental Plan 2008 (LLEP 2008) to include Lot 17 Leacocks Lane, Casula (“Mt Omei”) as an item of local heritage significance. A copy of the Council Report (Item – PLAN 07) is provided in Attachment 2.

 

The subject site is currently zoned as C1 National Parks and Nature Reserves and owned by the NSW National Parks and Wildlife Service (NPWS).

 

As a result of the Resolution of Council, Council staff have prepared a Council-initiated Planning Proposal to include Lot 17 Leacocks Lane, Casula (“Mt Omei”) as an item of local heritage significance in the LLEP 2008. A copy of the Planning Proposal Report is provided in Attachment 1.

 

The Council-initiated Planning Proposal was considered by the Liverpool Local Planning Panel (LPP) on 28 October 2024. The LPP advised that the planning proposal demonstrates both strategic and site-specific merit and should proceed to the Department of Planning, Housing and Infrastructure (DPHI) for a Gateway Determination. A copy of the Local Planning Report, and associated Meeting Minutes, is provided in Attachment 3.

 

This Report recommends that Council endorses the Council-initiated Planning Proposal to include Lot 17 Leacocks Lane, Casula (“Mt Omei”) as an item of local heritage significance in the LLEP 2008 and forwards the Proposal to the DPHI to seek a Gateway Determination.

 

 

 

 

 

 

That Council:

1.   Receives and notes this Report.

 

2.   Receives and notes the advice of the Liverpool Local Planning Panel.

 

3.   Endorses the Council-initiated 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.

 

4.   Delegates to the CEO (or delegate) to make any typographical or other editing amendments to the planning proposal if required.

 

5.   Forwards the Council-initiated Planning Proposal to the Department of Planning, Housing and Infrastructure (DPHI) pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination, with a request that Council be authorised as the local plan making authority.

 

6.   Subject to Gateway determination, undertakes public exhibition and community consultation in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan (CPP); and

 

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

 

 

Background

At Ordinary Meeting of Council on 28 February 2024, a Motion of Urgency (Item – 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”.

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.

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.

Council received a copy of the draft Heritage Significance Assessment on 17 June 2024 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 recommended that this part of the property be listed in the LLEP 2008) as an item of local significance.

 

At the Ordinary Meeting of Council on 24 July 2024, Council resolved to prepare a Planning Proposal to amend Schedule 5 of the LLEP 2008 to include Lot 17 Leacocks Lane, Casula (“Mt Omei”) as an item of local heritage significance. A copy of the Council Report is provided in Attachment 2.

 

Site Description and Locality

 

The focus of the Council-initiated Planning Proposal is located at Lot 17 Leacocks Lane, Casula (Lot 17 DP 554086). The subject site, shown in Figure 1, is owned by the NSW NPWS and currently zoned as C1 National Parks and Nature Reserves Land (see Figure 2).

Figure 1 – Subject site at Lot 17 Leacocks Lane, Casula (Source: Near Map)

Figure 2 – Land Use Zoning for subject site under LLEP2008 (Source: LCC Geocortex)

The subject site is locally known as Leacock Regional Park. Mt Omei’s “built precinct” is an area within the Leacock Regional Park, which is approximately one-hectare in size, comprising five buildings and the lookout area in a bushy landscape with surrounding gardens.

 

Planning Proposal Summary

The Local Planning Report considered by the Liverpool Local Planning Panel (LPP) is provided in Attachment 3. The Report includes a merit assessment of the Council-initiated Planning Proposal against the District and Region Plans, as well as Council’s Local Strategic Planning Statement (LSPS).

The Report concluded that the Council-initiated Planning Proposal has both strategic and site-specific merit and will result in a positive social outcome by ensuring the conservation of the sites heritage significance.

 

Advice of the Liverpool Local Planning Panel

The Council-initiated Planning Proposal was considered by the Liverpool LPP on 28 October 2024. The LPP determined that the proposed heritage listing demonstrated both strategic and site-specific merit and supported the Proposal proceeding to the DPHI for a Gateway determination.

 

The LPP also recommended that a Conservation Management Plan be prepared to support the on-going conservation of the site. Under the NSW National Parks and Wildlife Act 1974, a plan of management is required to be prepare for each Regional Park. Given that a current Plan of Management has already been established for Leacock Regional Park, no further action is required by Council for this matter.

 

Conclusion

This Report recommends that Council endorses the Council-initiated Planning Proposal to include Lot 17 Leacocks Lane, Casula (“Mt Omei”) as an item of local heritage significance in the LLEP 2008 and forwards the Proposal to the DPHI to seek a Gateway Determination

 

Upon receipt of a Gateway determination, a public exhibition and NSW Government Agency consultation will occur.

 

Council will receive a future post-exhibition report for a final decision on the Council-initiated Planning Proposal, including any possible amendments resulting from the consultation process, following completion of the public exhibition process.

 

 

Financial costs associated with the future public exhibition of this Council-initiated Planning Proposal have been accounted for in the 2024/25 FY Budget for the City Planning portfolio.

 

 

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	Environmental Planning and Assessment Act 1979
Risk	The risk is deemed to be Low. There is a low risk that if not supported, the Mt Omei ‘built precinct’ could be demolished and its heritage value lost. Given the recommendations of this Report, the risk is considered to be within Council’s risk appetite.

 

 

1.         Council-initiated Planning Proposal Report - Heritage Listing for Lot 17 Leacocks Lane, Casula (Under separate cover)

2.         Council Report - PLAN 07 - Proposed Heritage Listing for Lot 17 Leacocks Lane, Casula - Ordinary Meeting of Council - 24 July 2024 (Under separate cover)

3.         Liverpool Local Planning Report and Minutes - Heritage Listing for Lot 17 Leacocks Lane, Casula - 28 October 2024 (Under separate cover)

 

Ordinary Meeting

10 December 2024

 

 

PLAN 05

Status of Planning Agreements Under Negotiation

 

Strategic Objective	Liveable, Sustainable, Resilient Deliver effective and efficient planning and high-quality design to provide best outcomes for a growing city
File Ref	382197.2024
Report By	Mark Hannan - Manager City Planning
Approved By	Lina Kakish - Director Planning & Compliance

 

 

At the Ordinary Meeting of Council on 16 October 2024, Mayor Mannoun tabled a Mayoral Minute (Item – MAYOR 02) outlining key priorities for the Liverpool Local Government Area (LGA) for this next term of Council.

 

The unanimously endorsed Mayoral Minute included a recommendation for a Report to be provided to Council at the December 2024 Ordinary Meeting of Council reporting on the progress of Voluntary Planning Agreements (VPAs) currently under negotiation.

 

A planning agreement is a voluntary agreement or other arrangement between a planning authority and the Developer under which the Developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards a public purpose.

 

The Environmental Planning and Assessment Act 1979 (“EP&A Act”) provides the legislative framework for Planning Agreements, while Council’s Planning Agreements Policy provides clarity on the circumstances in which a planning agreement may be entered into, and the process that needs to be undertaken to execute a VPA. A copy of Council’s Planning Agreements Policy is provided in Attachment 1.

 

As of 15 November 2024, Council currently comprises a total three (3) Planning Agreements “under negotiation”. This Report provides Council with further detail on the Planning Agreements currently “under negotiation”.

 

 

That Council:

 

1.   Receives and notes this Report; and

 

2.   Supports the quarterly reporting of progress to Council via Governance Committee on Planning Agreements both under negotiation and executed.

 

Background

 

A Planning Agreement is a voluntary agreement or other arrangement between a planning authority (e.g. Council) and the Developer under which the Developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards a public purpose.

 

Relevant Legislation

 

The current legal and procedural framework for Planning Agreements is set in Subdivision 2 of Part 7 of the Environmental Planning and Assessment Act 1979 (“EP&A Act”) as well as Division 1A of Part 4 of the Environmental Planning and Assessment Regulation 2000 (“EP&A Regulation”).

 

New development creates the need for additional public amenities and public services. Division 7.1 of Part 7 of the EP&A Act empowers Council to require new development to contribute towards the provision of these public services and amenities and Planning Agreements are one mechanism to achieve this outcome.

 

Negotiating a Planning Agreement

 

Planning Agreements may be negotiated between planning authorities and Developers in relation to Development Applications or changes sought by Developers to Local Environmental Plans (LEP).

 

Where possible, Planning Agreements should be negotiated between planning authorities and Developers before the related Development Application is determined or the LEP giving effect to the Planning Proposal is made so that the Development Application or Planning Proposal may be exhibited or notified alongside the draft Planning Agreement.

 

The Planning Agreements Practice Note (February 2021), published by the Department of Planning, Housing and Infrastructure (DPHI), provides the following summary of the steps involved in negotiating, and subsequently executing, a Planning Agreement:

·    Step 1 Commencement – before making a Development Application or submitting a Planning Proposal, the planning authority (e.g. Council) and Developer decide whether to negotiate a Planning Agreement. The parties consider whether other planning authorities and other persons associated with the development should be additional parties to the Planning Agreement, such as the landowner if the landowner is a different person to the Developer.

·    Step 2 Negotiation – if an agreement or arrangement is negotiated, it is documented as a draft Planning Agreement with an accompanying Explanatory Note. The parties should consider how the draft Planning Agreement will be enforced and when the draft Planning Agreement will be executed, as this will inform the security provisions and conditions of the agreement. Legal advice should be sought in each case to ensure that the appropriate provisions are included in the Planning Agreement.

·    Step 3 Application – when the Developer makes the application or submits a Planning Proposal to the relevant authority, it should be accompanied by the draft Planning Agreement that has been signed by the Developer and the Explanatory Note.

·    Step 4 Notification – relevant public authorities are consulted and the Planning Agreement and Explanatory Note are publicly notified in accordance with the EP&A Act and EP&A Regulation for a period of at twenty eight (28) days. Any amendments required to the draft Planning Agreement as a result of submissions received are made. If necessary, the amended draft Planning Agreement and Explanatory Note can be re-notified.

·    Step 5 Assessment – the draft Planning Agreement and public submissions are considered by the relevant authority. The weight given to the draft Planning Agreement and public submissions is a matter for the relevant authority acting reasonably.

·    Step 6 Execution – following assessment, the draft Planning Agreement is either updated to address the submissions received or retained as publicly exhibited and executed either by the relevant authority (e.g. Council) or by a nominated representative of the authority under delegation (e.g. Chief Executive Officer).

It should be noted that the acceptance of an offer to enter into a Planning Agreement is at the absolute discretion of Council. Planning Agreements are voluntary, but once entered into, they become legally binding contracts that apply to the development and the land to which they apply.

 

Acceptability Test

 

Both the Planning Agreements Practice Note and Council’s Planning Agreements Policy require all draft Planning Agreements to be assessed against the following acceptability test which assists planning authorities determine whether the agreement delivers sufficient public benefit. For a Planning Agreement to be acceptable to Council it must:

1.   be for proper or legitimate planning purposes, that can be identified from the statutory planning controls and other adopted planning policies applying to development;

2.   provide for Public Benefits that bear a relationship to the development that are not wholly unrelated to the development and are located in the locality in which the development is situated;

3.   produce outcomes that meet the general values and expectations of the public and protect the overall public interest;

4.   provide for a reasonable means of achieving the outcomes and securing the Public Benefits proposed; and

5.   protect the public against unreasonable, adverse environmental or amenity impacts.

 

Status of Planning Agreements “Under Negotiation”

 

As of 15 November 2024, Council currently comprises a total three (3) Planning Agreements “under negotiation”. Table 1 provides further detail on the individual Planning Agreements currently under negotiation.

 

Under the previous term of Council, City Planning reported the status of Planning Agreements both under negotiation and executed to Council via the Governance Committee on a quarterly basis. It is recommended that a similar reporting structure be retained for this term of Council.

 

 

Table 1 – Summary of Planning Agreements currently “Under Negotiation”

 

VPA #	Name	Developer	Status
VPA-39	Edmondson Park Town Centre (South)	Frasers Property Australia (FPA)	Representatives from Council and FPA have commenced fortnightly meetings to ensure progress on the draft Planning Agreement is effectively tracked and issues resolved. Once both parties are comfortable with the draft Planning Agreement, it will be referred to the next available Ordinary Meeting of Council to seek Council endorsement to publicly exhibit the draft Planning Agreement for a period of 28 days.
VPA-45	Edmondson Park Town Centre (North)	Landcom	This VPA is a product of a Condition of the Part 3A Development Consent for the Edmondson Park Town Centre Precinct. Council is currently working with representatives from the DPHI to ensure any updated offer from Landcom delivers a fair and reasonable outcome for both parties concerned.
VPA-59	Lot 1 Heathcote Road, Pleasure Point (DA-441/2024)	Mirvac	Council met with the Proponent in February 2024 to discuss Council’s expectations for a future Planning Agreement for the redevelopment of Lot 1 Heathcote Road, Pleasure Point. In September 2024, Council subsequently received a Letter of Offer (LOO) from the Proponent. Council is currently assessing the items listed in the LOO for strategic merit and against the Acceptability Test.

 

 

There are no financial implications relating to this recommendation.

 

Economic	Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Facilitate economic development.
Civic Leadership	Provide information about Council’s services, roles and decision-making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000
Risk	There is no risk associated with this Report.

 

 

1.         Liverpool City Council - Planning Agreements Policy - February 2019