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LIVERPOOL CITY COUNCIL
INDEPENDENT HEARING & ASSESSMENT PANEL REPORT
2011
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INDEPENDENT HEARING & ASSESSMENT PANEL REPORT
2011
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9.2 Revised determination notice
incorporating modified conditions of consent
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LIVERPOOL CITY COUNCIL INDEPENDENT HEARING & ASSESSMENT PANEL REPORT PAGE 1 WEDNESDAY 12 SEPTEMBER 2012
ITEM No: 1
APPLICATION NUMBER:
DA-787/2005/B
SUBJECT: Modification to Development Consent DA-787/2005 (pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979
LOCATION: Lot 100 DP 1102856
No. 51 Lachlan Street (Corner Maquarie Street North) Warwick Farm NSW 2170
OWNER: Conceal Pty Ltd
APPLICANT: Mosca Pserras Architects Pty Ltd
AUTHOR: Peter Flynn
ISSUES RELATED TO THE APPLICATION
The Panel members have read the Council officer’s report and inspected the site. The Panel members observed on site that building work had commenced to a height of roughly 4 storeys. Panel members observed that the partly complete building did not appear to be built in accordance with the approved plans. This was apparent because of the height of the ground floor compared to footpath level. The partly built structure appeared to more closely resemble the s96 plans than the approved plans. It was also noted that the approved plans show the ground floor level much closer to the footpath level than the s96 plans. The precise difference in levels between the approved plans and the s96 plans could not be ascertained from the architectural plans accompanying the Council officer’s report. However what is apparent is that the approved plans indicate a 1:14 ramp directly from the footpath to the lobby on the ground level, whereas the s96 plans show a much longer 1:14 ramp to the lobby. It also appeared that the ground floor ceiling height has been constructed at the proposed lower height. If, as the Panel suspects, the floor levels have increased in height then the s96 application is, in truth, also an application to amend all levels of the building as well as the three proposed amendments listed in the Council officer’s report. In light of the likely changes to levels across the whole building, the Panel recommends that Council officer’s assess whether or not the amended design complies with BCA requirements, particularly in relation to fire egress requirements as they relate to the 25m height threshold. Council officer may need to request the applicant provide further details on floor level RLs for the amended design. This assessment should not be deferred until the construction certificate stage as it is
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LIVERPOOL CITY COUNCIL INDEPENDENT HEARING & ASSESSMENT PANEL REPORT PAGE 2 WEDNESDAY 12 SEPTEMBER 2012 fundamental to the design of the building. In relation to the other elements of the s96 application, the Panel is satisfied that:
the proposed modification is substantially the same as the consent as originally granted;
the deletion of the top floor and reconfiguration of level 8 will not adversely
affect the internal amenity of the amended top floor units in terms of SEPP 65 principles, nor will the reduction in height have any adverse impact on neighbouring properties;
the proposal to delete one of the approved lift towers is acceptable;
the proposed reduction in ceiling height at the ground floor from 3.3m to 2.7m
is acceptable given that the ground floor has been designed for residential use. The Chairman raised an issue concerning the relevance of clause 4.6 of LEP 2008 to this application and section 96 applications generally. Clause 4.6 applies to the granting of a development consent whereas the decision to approve an application under Section 96 is not the granting of a development consent (see s96(4) of the EP&A Act). This issue is not critical in the present application, however Council officers may wish to seek legal advice when this issue arises in a future case.
VOTING NUMBERS: 4-0
RECOMMENDATION OF PANEL:
The Panel recommends that:
1. Council officers assess compliance with BCA requirements having regard to the changes in levels of the whole building, particularly fire safety for the building.
2. Subject to Council officers being satisfied about BCA compliance, Council
approve the modification application.
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LIVERPOOL CITY COUNCIL
CORPORATE SERVICES REPORT
ORDINARY MEETING 05/11/2012 ITEM NO: CORS 06 FILE NO: 2005/2473 SUBJECT: ANNUAL FINANCIAL REPORTS 2011/2012
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Liverpool City Council GENERAL PURPOSE FINANCIAL STATEMENTS for the year ended 30 June 2012
“Liverpool - A place where peoplechoose to live, learn, work and play”
91
Financial Statements 2012
Liverpool City Council
General Purpose Financial Statements for the financial year ended 30 June 2012
Contents
1. Understanding Council's Financial Statements
2. Statement by Councillors & Management
3. Primary Financial Statements:
- Income Statement- Statement of Comprehensive Income- Balance Sheet- Statement of Changes in Equity- Statement of Cash Flows
4. Notes to the Financial Statements
5. Independent Auditor's Reports:
- On the Financial Statements (Sect 417 [2])
- On the Conduct of the Audit (Sect 417 [3])
Overview
(i) These financial statements are General Purpose Financial Statements and cover the consolidated operationsfor Liverpool City Council.
(ii) Liverpool City Council is a body politic of NSW, Australia - being constituted as a Local Government areaby proclamation and is duly empowered by the Local Government Act (LGA) 1993 of NSW.
Council's Statutory Charter is specified in Paragraph 8 of the LGA and includes;
carrying out activities and providing goods, services & facilities appropriate to the current & futureneeds of the Local community and of the wider public
responsibility for administering regulatory requirements under the LGA and other applicable legislation, &
a role in the management, improvement and development of the resources of the local government area.
A description of the nature of Council's operations and its principal activities are provided in Note 2(b).
(iii) All figures presented in these financial statements are presented in Australian Currency.
(iv) These financial statements were authorised for issue by the Council on 05/10/12.Council has the power to amend and reissue the financial statements.
i
i
i
8
9
8486
Page
4
67
5
2
3
page 1
92
Financial Statements 2012_
Liverpool City Council General Purpose Financial Statements for the financial year ended 30 June 2012 Understanding Council's Financial Statements
page 2
Introduction Each year, individual Local Governments across NSW are required to present a set of audited Financial Statements to their Council & Community.
What you will find in the Statements The Financial Statements set out the financial performance, financial position & cash flows of Council for the financial year ended 30 June 2012. The format of the Financial Statements is standard across all NSW Councils and complies with both the accounting & reporting requirements of Australian Accounting Standards and requirements as set down by the NSW Division of Local Government.
About the Councillor/Management Statement The Financial Statements must be certified by Senior staff as "presenting fairly" the Council's financial results for the year, and are required to be adopted by Council - ensuring both responsibility for & ownership of the Financial Statements.
About the Primary Financial Statements The Financial Statements incorporate 5 "primary" financial statements: 1. An Income Statement
A summary of Council's financial performance for the year, listing all income & expenses. This Statement also displays Council's original adopted budget to provide a comparison between what was projected and what actually occurred. 2. A Statement of Comprehensive Income
Primarily records changes in the fair values of Council's Infrastructure, Property, Plant & Equip. 3. A Balance Sheet
A 30 June snapshot of Council's Financial Position including its Assets & Liabilities.
4. A Statement of Changes in Equity
The overall change for the year (in dollars) of Council's "net wealth".
5. A Statement of Cash Flows
Indicates where Council's cash came from and where it was spent. This Statement also displays Council's original adopted budget to provide a comparison between what was projected and what actually occurred.
About the Notes to the Financial Statements The Notes to the Financial Statements provide greater detail and additional information on the 5 Primary Financial Statements.
About the Auditor's Reports Council's Financial Statements are required to the audited by external accountants (that generally specialize in Local Government). In NSW, the Auditor provides 2 audit reports: 1. An opinion on whether the Financial Statements
present fairly the Council's financial performance & position, &
2. Their observations on the conduct of the Audit
including the Council's financial performance & financial position.
Who uses the Financial Statements ? The Financial Statements are publicly available documents & must be presented at a Council meeting between 7 days & 5 weeks after the date of the Audit Report. Submissions from the public can be made to Council up to 7 days subsequent to the public presentation of the Financial Statements. Council is required to forward an audited set of Financial Statements to the Division of Local Government.
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94
Financial Statements 2012
Liverpool City Council
Income Statement for the financial year ended 30 June 2012
$ '000
Income from Continuing OperationsRevenue:Rates & Annual ChargesUser Charges & FeesInterest & Investment RevenueOther RevenuesGrants & Contributions provided for Operating Purposes
Grants & Contributions provided for Capital Purposes
Other Income:Net gains from the disposal of assetsNet Share of interests in Joint Ventures & AssociatedEntities using the equity method
Total Income from Continuing Operations
Expenses from Continuing OperationsEmployee Benefits & On-CostsBorrowing CostsMaterials & ContractsDepreciation & AmortisationImpairmentOther Expenses
Total Expenses from Continuing Operations
Operating Result from Continuing Operations
Discontinued Operations
Net Profit/(Loss) from Discontinued Operations
Net Operating Result for the Year
Net Operating Result attributable to CouncilNet Operating Result attributable to Minority Interests
Net Operating Result for the year before Grants and
Contributions provided for Capital Purposes
Original Budget as approved by Council - refer Note 16
-
49,794
49,794
145,607
4d - 9,107
719
38,447 49,323 32,698
-
745
494
3,279 48,896
197,254 195,401
45,451
4e
49,794
-
9,705
24
61,406 -
Budget (1)
4c
3e,f
4d
5
4b
4a
19
3e,f
12,376
8,941
14,297
3b
3d
3c 7,736 33,804
Notes
3a 92,454 10,075
92,135
2012
6,251
19,514
10,462
9,199 12,403
-
2,717 39,986
51,119
32,595
(1)
14,098
-
(5,416)
14,098
9,449
135,848
-
-
-
135,866
14,098
149,964
-
61,406
61,406
7,452 7,114
42,342
Actual 2011
88,989
41,554
Actual 2012
2,995
54,292
438
17,813
7,140
This Statement should be read in conjunction with the accompanying Notes. page 4
95
Financial Statements 2012
Liverpool City Council
Statement of Comprehensive Income for the financial year ended 30 June 2012
$ '000
Net Operating Result for the year (as per Income statement)
Other Comprehensive IncomeGain (loss) on revaluation of I,PP&EGain (loss) on revaluation of available-for-sale investmentsGain (loss) on revaluation of other reservesRealised (gain) loss on available-for-sale investments recognised in P&LRealised (gain) loss from other reserves recognised in P&LImpairment (loss) reversal relating to I,PP&EOther Movements in Reserves (enter details here)
Total Other Comprehensive Income for the year
Total Comprehensive Income for the Year
Total Comprehensive Income attributable to CouncilTotal Comprehensive Income attributable to Minority Interests
20b (ii)
20b (ii)
20b (ii)
-
-
Notes
20b (ii)
20b (ii)
20b (ii)20b (ii) - -
-
-
-
- 21,513
-
2012
- -
-
61,406
61,406
Actual
49,794
-
-
(2,413,031)
(2,413,031)
-
61,406
(2,462,825)
Actual
(2,484,338)
2011
This Statement should be read in conjunction with the accompanying Notes. page 5
96
Financial Statements 2012
Liverpool City Council
Balance Sheet as at 30 June 2012
$ '000
ASSETSCurrent AssetsCash & Cash EquivalentsInvestmentsReceivablesInventoriesOtherNon-current assets classified as "held for sale"Total Current Assets
Non-Current AssetsInvestmentsReceivablesInventoriesInfrastructure, Property, Plant & EquipmentInvestments accounted for using the equity methodInvestment PropertyIntangible AssetsTotal Non-Current Assets
TOTAL ASSETS
LIABILITIESCurrent LiabilitiesPayablesBorrowingsProvisionsTotal Current Liabilities
Non-Current LiabilitiesPayablesBorrowingsProvisionsTotal Non-Current Liabilities
TOTAL LIABILITIES
Net Assets
EQUITYRetained EarningsRevaluation ReservesCouncil Equity InterestMinority Equity Interest
Total Equity
10,270
6,468
1,772,937
1,890,988
8
8
7
Notes
4,091
6b
7
8
6b
1,756,981
1,113,420 704,967
-
1,052,014
- 1,818,387
1,818,387 1,756,981
72,601
1,818,387
20
19
10
10
10
10
10
20
15,663
36,975
- 33,820
13,495 12,994 33,488
39,697 10
3,155
35,626
Actual
2,009
22
Actual 2012
307
- 118,051
59 201
94,809
20,532
-
3,653
449 347
1,701,815 1,746,385
1,712,938
4,489
-
-
120,112
6,881
81
1,833,050
242
2,884
13,603
-
6,891
42,581
76,069
704,967
1,756,981
102,392
13,474
25
14
- 9
11,435
117
6a
2011
This Statement should be read in conjunction with the accompanying Notes. page 6
97
Financial Statements 2012
Liverpool City Council
Statement of Changes in Equity for the financial year ended 30 June 2012
$ '000
Opening Balance (as per Last Year's Audited Accounts)
a. Correction of Prior Period Errors
b. Changes in Accounting Policies (prior year effects)
Revised Opening Balance (as at 1/7/11)
c. Net Operating Result for the Year
d. Other Comprehensive Income
- Revaluations : IPP&E Asset Revaluation Rsve
- Revaluations: Other Reserves
- Transfers to Income Statement
- Impairment (loss) reversal relating to I,PP&E
- Other Movements (enter details here)
Other Comprehensive Income
Total Comprehensive Income (c&d)
e. Distributions to/(Contributions from) Minority Interests
f. Transfers between Equity
Equity - Balance at end of the reporting period
$ '000
Opening Balance (as per Last Year's Audited Accounts)
a. Correction of Prior Period Errors
b. Changes in Accounting Policies (prior year effects)
Revised Opening Balance (as at 1/7/10)
c. Net Operating Result for the Year
d. Other Comprehensive Income
- Revaluations : IPP&E Asset Revaluation Rsve
- Revaluations: Other Reserves
- Transfers to Income Statement
- Impairment (loss) reversal relating to I,PP&E
- Other Movements (Prior Period Error - Depreciation)
Other Comprehensive Income
Total Comprehensive Income (c&d)
e. Distributions to/(Contributions from) Minority Interests
f. Transfers between Equity
Equity - Balance at end of the reporting period
(2,462,825)
-
4,170,012
-
21,513
1,756,981
(2,462,825)
-
-
-
-
TotalInterestCouncilReservesRetained
(Refer 20b) InterestMinority
EarningsNotes
2012
-
20b (ii)
20b (ii)
- 20 (c)
1,052,014
20 (d)
-
-
20b (ii)
Notes
704,967
-
-
-
-
49,794
-
3,189,305
-
-
21,513
-
20b (ii) -
20b (ii) -
61,406
-
1,052,014
Retained
980,707
1,113,420
-
980,707
Earnings
61,406
-
20b (ii)
20b (ii)
20b (ii)
3,189,305
(Refer 20b)
2011
-
Total
1,818,387
-
-
1,818,387
(2,413,031)
-
Equity
(2,484,338)
-
49,794
20 (c) -
20 (d)
-
-
-
21,513
(2,484,338)
20b (ii)
20b (ii)
-
-
-
704,967
-
-
-
-
704,967
-
1,756,981
-
-
-
61,406
-
-
-
-
-
-
-
-
-
-
1,052,014 704,967 -
-
1,756,981
-
-
-
(2,484,338)
Reserves
4,170,012
21,513
-
Interest
- -
71,307
-
-
-
-
-
-
-
-
(2,484,338)
-
-
(2,413,031)
4,170,012 -
-
-
-
-
(2,484,338)
-
-
Council
-
Minority
-
-
-
-
-
1,756,981
-
-
Equity
-
1,756,981
1,756,981
-
61,406
-
-
Interest
4,170,012
-
-
-
49,794
-
-
61,406
-
-
-
-
61,406 -
-
-
This Statement should be read in conjunction with the accompanying Notes. page 7
98
Financial Statements 2012
Liverpool City Council
Statement of Cash Flows for the financial year ended 30 June 2012
$ '000
Cash Flows from Operating ActivitiesReceipts:
Rates & Annual ChargesUser Charges & FeesInvestment & Interest Revenue ReceivedGrants & ContributionsBonds, Deposits & Retention amounts receivedOtherPayments:
Employee Benefits & On-CostsMaterials & ContractsBorrowing CostsOther
Net Cash provided (or used in) Operating Activities
Cash Flows from Investing ActivitiesReceipts:
Sale of Investment SecuritiesSale of Infrastructure, Property, Plant & EquipmentPayments:
Purchase of Investment SecuritiesPurchase of Investment PropertyPurchase of Infrastructure, Property, Plant & Equipment
Net Cash provided (or used in) Investing Activities
Cash Flows from Financing ActivitiesReceipts:
NilPayments:
Repayment of Borrowings & Advances
Net Cash Flow provided (used in) Financing Activities
Net Increase/(Decrease) in Cash & Cash Equivalents
plus: Cash & Cash Equivalents - beginning of year
Cash & Cash Equivalents - end of the year
Additional Information:
plus: Investments on hand - end of year
Total Cash, Cash Equivalents & Investments
Please refer to Note 11 for additional cash flow information
(93,218)
(11,079)
(10,270) (52,057)
-
65,845 72,592
576
88,989 9,379
34,129
(48,388) (42,155)
100,804 1,159
(45,687)
108,355
(2,761) (2,625) (46,093)
1,051
(13,348)
92,414
NotesActual
115,836
13,444
(58,179)
102,392
94,809
(6,219) (6,830)
23,865
70,944
11,370
(6,219)
6b
7,583
11a
(6,830)
11a
106,179
94,809
7,581
-
46,693
Budget
92,135
(9,449)
- 31,917
2012
10,462 6,251
(2,717)
(51,119)
9,199
(39,986)
(40,756)
94,626
(183)
(6,900)
94,809
(35,761) (39,976)
(6,900)
-
(46,540)
(103,224) -
780
11b
711
9,881 5,288
31,300 41,677
28,648
2011Actual 2012
This Statement should be read in conjunction with the accompanying Notes. page 8
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