LIVERPOOL CITY COUNCIL Page 16 INDEPENDENT … · INDEPENDENT HEARING & ASSESSMENT PANEL REPORT PAGE 1 ... About the Councillor/Management Statement ... 4b 4a 19 3e,f 12,376 8,941

LIVERPOOL CITY COUNCIL

INDEPENDENT HEARING & ASSESSMENT PANEL REPORT

2011

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9.2 Revised determination notice

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87

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

88

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.

89


CORPORATE SERVICES REPORT

ORDINARY MEETING 05/11/2012 ITEM NO: CORS 06 FILE NO: 2005/2473 SUBJECT: ANNUAL FINANCIAL REPORTS 2011/2012

90

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.

93

94



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



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


96



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


97



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 -

-

-


98



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


99

Documents

LIVERPOOL CITY COUNCIL Page 16 INDEPENDENT … · INDEPENDENT HEARING & ASSESSMENT PANEL REPORT PAGE 1 ... About the Councillor/Management Statement ... 4b 4a 19 3e,f 12,376 8,941