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
Tuesday, 3 December 2019
Director Infrastructure Services I2019/1971
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 Code of Conduct for Councillors (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 the Code of Conduct for Councillors.
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.
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 of the provisions in the Code of Conduct (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 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 10 October 2019
4. Staff Reports
4.1 Integrated Transport Management Strategy..................................................................... 4
Staff Reports - Infrastructure Services 4.1
Report No. 4.1 Integrated Transport Management Strategy
Directorate: Infrastructure Services
Report Author: Andrew Pearce, Traffic Engineer
File No: I2019/1965
The purpose of this TIAC meeting is:-
1. For GTA to present the proposed Strategic Outcomes and ‘Focus Areas’ for the Integrated Transport Management Strategy
2. Present supporting research and industry evidence associated with the proposed Strategic Outcomes and ‘Focus Areas’
3. Obtain feedback and guidance from TIAC.
1. That TIAC note the proposed Strategic Outcomes, ‘Focus Areas’, evidence and research information presented by GTA.
2. That TIAC feedback and guidance comments be provided to GTA.
Report writer: Have you mentioned an attachment in your recommendation? If so, include the TRIM number in brackets eg “…Attachment 1 (E2017/1234)…” It’s necessary for the minutes document.
Below is a brief summary of the process that has been followed to date to help explain where we are up to in the Integrated Transport Management Strategy process and the purpose of this TIAC meeting.
In September 2019 GTA were awarded the tender to develop Byron Shire Council’s Integrated Transport Management Strategy.
At the beginning of October 2019 GTA held a number of workshops with Council Staff, TIAC and key community groups to gain important background information into specific issues and opportunities.
Based on this background information and subsequent reviews into key Council documents and transport priorities GTA developed a memorandum that outlined a number of draft Strategic Outcomes and ‘Focus Areas’ for the strategy. This memorandum was circulated to those involved in the October workshops within Council and TIAC to obtain their feedback.
The structure and content of the memorandum have since been modified slightly based on this feedback. In addition, the details of the report have been expanded to include industry evidence and identified priority projects for the Shire (i.e. Multi Use Rail Corridor) to justify and explain the different recommended Strategic Outcomes and ‘Focus Areas’.
As a result, the purpose of this TIAC meeting is to now present the findings of their research, proposed Strategic Outcomes, ‘focus areas’ and obtain feedback from TIAC.
Please note - The presentation was not available for distribution when this agenda item was prepared but will be available at the meeting.
1. The proposed Strategic Outcomes and Focus Areas to be amended, if required, based on TIAC feedback to finalise the structure of the document.
2. A series of Q&A workshops with key stakeholders to test the general willingness and ability to deliver the identified Strategic Outcomes and Focus Areas.
Community Strategic Plan and Operational Plan
Reports should link to actions from the IP&R Framework. To find the action details you can click this link Delivery Program / Operational Plan to search for the relevant activitie/s. When the document opens, copy the relevant line and paste it below where indicated.
Community Objective 1: 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)
Prepare an Integrated Transport and Movement Plan (ITMP)
Consultation and Engagement
1. Workshops have been held with Staff, TIAC and key community groups.