Extraordinary Transport and Infrastructure Advisory Committee Meeting
An Extraordinary Transport and Infrastructure Advisory Committee Meeting of Byron Shire Council will be held as follows:
Conference Room, Station Street, Mullumbimby
Friday, 12 April 2019
Director Infrastructure Services I2019/551
What is a “Conflict of Interests” - A conflict of interests can be of two types:
Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.
Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).
Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.
Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).
Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:
§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or
§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.
N.B. “Relative”, in relation to a person means any of the following:
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;
(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)
No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:
§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or
§ Just because the person is a member of, or is employed by, the Council.
§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.
Disclosure and participation in meetings
§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.
§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:
(a) at any time during which the matter is being considered or discussed by the Council or Committee, or
(b) at any time during which the Council or Committee is voting on any question in relation to the matter.
No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.
Participation in Meetings Despite Pecuniary Interest (S 452 Act)
A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.
Non-pecuniary Interests - Must be disclosed in meetings.
There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:
§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.
§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.
§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)
§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)
Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters
(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:
(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but
(b) not including the making of an order under Division 2A of Part 6 of that Act.
(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.
(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.
(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.
(5) This section extends to a meeting that is closed to the public.
Extraordinary Transport and Infrastructure Advisory Committee Meeting
3.1 Transport and Infrastructure Advisory Committee Meeting held on 8 March 2019
4. Staff Reports
4.1 Presentation of the Draft Bike Plan and Draft PAMP....................................................... 4
Staff Reports - Infrastructure Services 4.1
Report No. 4.1 Presentation of the Draft Bike Plan and Draft PAMP
Directorate: Infrastructure Services
Report Author: Daniel Strzina, Project Engineer
File No: I2019/534
PSA Consulting have recently completed Draft versions of the Bike Strategy and Action Plan (Bike Plan) and Pedestrian Access and Mobility Plan (PAMP).
This report presents the Draft Bike Plan and Draft PAMP to the TIAC for review during the extraordinary meeting on 12 May 2019 and endorsement for public exhibition.
1. That the Draft Bike Strategy and Action Plan (Bike Plan) and Draft Pedestrian Access and Mobility Plan (PAMP) be endorsed and placed on public exhibition for the subsequent development and adoption of final versions of both plans.
2. That the recommended public exhibition process be undertaken, as detailed in this report.
In 2017, Byron Shire Council resolved to develop a new Bike Strategy and Action Plan (Bike Plan) for the entire local government area to supersede the dated Bike Plan which was adopted in August 2008. The new Bike Plan was to be prepared to better reflect the current situation as well as changes to legislation, design standards and guidelines. The Bike Plan will enable a coordinated and strategic approach to delivering cycling infrastructure and promotional programs within Byron Shire Council and will require partnerships between State and Local Governments, developers, the community and other stakeholders.
In 2017, Byron Shire Council resolved to develop a Pedestrian Access and Mobility Plan (PAMP) for the entire local government area in order to coordinate investment in safe, convenient and connected pedestrian routes. The PAMP will provide a framework for developing pedestrian routes or areas identified by the community as important and will require partnerships between State and Local Governments, developers, the community and other stakeholders.
PSA Consulting were engaged in April 2018 to undertake the development of both plans concurrently, and regular updates have been provided to TIAC on the status and findings of each project at every ordinary meeting during the course of development.
PSA Consulting have recently completed draft versions of the Bike Plan and PAMP, which are attached to this report for review and endorsement for public exhibition.
These plans are the product of:
· a summary of existing relevant plans, policies and initiatives on local, state and federal levels, and how they relate to each plan;
· a detailed analysis of the various cycling and pedestrian localities around the shire and the demographics of the populations within;
· an extensive survey of the existing cycleway and pedestrian networks, including condition and suitability of the individual assets;
· a two-stage, 8-week community consultation process that involved:
o a detailed survey using Council’s HaveYourSay platform that engaged members of the public by first educating them of the plans and the development processes involved, then inviting them to contribute their ideas on how we can best improve cycling and pedestrian facilities around the shire, and;
o a series of location specific, facilitated design workshops at various locations around the Shire that involved the collaboration of Council staff, stakeholders and community members to develop a priority list of cycling and pedestrian infrastructure projects for their area;
· the identification of a set of issues and opportunities for cycling and pedestrian infrastructure;
· the development of proposed future cycle and pedestrian networks that cater to users of all ages and abilities;
· the breakdown, costing and prioritisation of proposed pedestrian and cycling infrastructure;
· the development of suitable non-infrastructure actions to encourage active transport, and;
· a study into potential funding sources for the provision of infrastructure and non-infrastructure projects.
The draft plans are attached along with full-size, high-resolution versions of the maps that will accompany each plan.
The following steps are required for the completion and adoption of the final versions of the Bike Plan and PAMP:
· TIAC review of draft plans (12 April 2019 extraordinary meeting)
· TIAC endorsement of draft plans for public exhibition (12 April 2019 extraordinary meeting)
· Council endorsement of draft plans for public exhibition (23 May 2019 ordinary meeting)
· Public exhibition of draft plans (June 2018)
· Development of final versions of both plans incorporating feedback from TIAC and the public exhibition submissions where warranted
· Report results of public exhibition along with final versions of both plans to Council for adoption (22 August 2019)
The purpose of the public exhibition of the draft Bike Plan and PAMP is:
· to place the plans on public exhibition for comment by formal submission;
· to promote the development of the plans: and
· to educate the community on the findings and outcomes of the plans.
Due to the extensive consultation undertaken during the development of the plans, it is recommended that the public exhibition process be more of an informative exercise that invites formal submissions of comments, changes or additions for inclusion in the final versions of the plans.
An option exists to further involve the community by holding further workshops to review and revise the draft plans, however this is not recommended due to the significant level of community consultation already undertaken during the development of the plans, and the associated time and cost required to undertake this additional consultation.
The recommended public exhibition process is as follows:
· Over 28 days, the draft PAMP will be placed on public exhibition for comment by formal submission.
· A survey will be created on HaveYourSay for formal submissions.
· A webpage (HaveYourSay) will be created that:
o Informs about the PAMP and the process undertaken to develop it
o Provides a link to the document for download
o Provides locations where hardcopies of the document can be accessed
o Provides information on how to make a submission (mail, email, HaveYourSay survey)
o Provides a link to make a formal submission (HaveYourSay survey)
· The public exhibition will be promoted via:
o Advertisements in the Echo and BSN
o Social media
o Emails to relevant stakeholder groups, including all involved in the previous stages of consultation.
Community Strategic Plan and Operational Plan
We have infrastructure, transport and services which meet our expectations
Support, through partnership, a network of integrated sustainable transport options
Ensure an integrated and accessible transport network (SP)
Update Bike Plan and Pedestrian and Access Mobility Plan (PAMP).
There are no negative legal, statutory or policy implications at this time.
Strategic Transport Statement (Transport Policy) - Policy No. 09/001 (Document No. DM861019)
There are no negative financial issues at this time.