Notice of Meeting
Transport and Infrastructure Advisory Committee Meeting
A Transport and Infrastructure Advisory Committee Meeting of Byron Shire Council will be held as follows:
Venue |
Conference Room, Station Street, Mullumbimby |
Date |
Thursday, 17 June 2021 |
Time |
9.00am |
Phillip Holloway
Director Infrastructure Services
I2021/999
Distributed 10/06/21
CONFLICT OF INTERESTS
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)
RECORDING OF VOTING ON PLANNING MATTERS
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.
BYRON SHIRE COUNCIL
2. Declarations of Interest – Pecuniary and Non-Pecuniary
3. Adoption of Minutes from Previous Meetings
3.1 Adoption of Minutes from Previous Meeting held on 15 April 2021....................... 5
4. Staff Reports
Infrastructure Services
4.1 Review Asset Management Policy in accordance with Resolution 20-741........ 17
4.2 Draft Moving Byron...................................................................................................... 28
4.3 Road Access and Safety - Workshop....................................................................... 39
BYRON SHIRE COUNCIL
Adoption of Minutes from Previous Meetings 3.1
Adoption of Minutes from Previous Meetings
Report No. 3.1 Adoption of Minutes from Previous Meeting held on 15 April 2021
Directorate: Infrastructure Services
Report Author: Dominika Tomanek, Executive Assistant Infrastructure Services
File No: I2021/987
RECOMMENDATION:
That the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 15 April 2021 be confirmed.
1 Minutes 15/04/2021 Transport and Infrastructure Advisory Committee, I2021/621 , page 10⇩
Report
The attachment to this report provides the minutes of the Transport and Infrastructure Advisory Committee Meeting of 15 April 2021 .
Report to Council
The minutes were reported to Council on 27 May 2021
Comments
In accordance with the Committee Recommendations, Council resolved the following:
Staff Reports - Infrastructure Services 4.1
Staff Reports - Infrastructure Services
Report No. 4.1 Review Asset Management Policy in accordance with Resolution 20-741
Directorate: Infrastructure Services
Report Author: Blyth Matlock, Asset Management Coordinator
File No: I2021/864
Summary:
The purpose of this report is to present a revision to the Asset Management Policy.
In accordance with Resolution 20-741, where possible the Road Access Safety Principles have been considered and appropriately included in the Asset Management Policy, Section 6.3 Risk Management (E2021/72392).
RECOMMENDATION:
That the updated Asset Management Policy is placed on 28 days public exhibition and if there are no submissions the revised Policy be adopted.
Attachments:
1 E2021/72392 (Revision 7) Policy Asset Management Policy 2020 (current_policies), E2021/72392 , page 20⇩
Report
The purpose of this report is to present a revision to the Asset Management Policy.
In accordance with Resolution 20-741 Part 2a, where possible the Road Access Safety Principles have been considered and appropriately included in the Asset Management Policy (AMP), Section 6.3 Risk Management (E2021/72392). Below is the updated section of the AMP:
An assessment of risks associated with service delivery from infrastructure assets is conducted for each relevant asset management plan. The risk assessment process identifies credible risks, the likelihood of the risk event occurring, the consequences should the event occur, develops a risk rating, evaluates the risk and develops a risk treatment plan for non-acceptable risks. In accordance with Resolution 20-741, where possible the Road Access Safety Principles are to be considered when completing all asset related roadworks, in line with the Council’s RASP’s procedure (E2021/65279).
Strategic Considerations
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.
CSP Objective |
L2 |
CSP Strategy |
L3 |
DP Action |
L4 |
OP Activity |
Recent Resolutions
20-741 Resolved that Council:
1. Adopts the following Road Access and Safety Principles (RASPs) for the Byron Shire road network:
a) All users and modes of transport have an equal right of safe access to and movement on the road network.
b) Road safety audits must consider the access and safety of all road users, modes of transport and services delivered within the road reserve such as bus stops and waste collection.
c) Road renewals, upgrades and maintenance must demonstrate that works have considered all road users, modes of transport and services delivered in the road reserve and ensure fair funding for all users and modes and any inability to provide such delivery must be justified.
d) New roads must include safe access infrastructure for cyclists, pedestrians and services delivered in the road reserve and ensure fair funding for all users and modes
2. Embeds the Road Access and Safety Principles (RASPs) actions into the Operational/Delivery Plan at the next quarterly review:
a) Adapt Asset Management policy, capital works and maintenance planning procedures so that the RASP’s are able to be applied to all new road related projects from July 2021.
b) Update road related infrastructure, movement, access and safety policies to be able to apply RASP’s by June 2021.
c) Identify and update relevant DCP chapters to include RASPs by December 2021.
3. Receives a report at the April Ordinary Meeting 2021 to:
a) Report on progress
b) identify any conflicting issues and how they may be reconciled.
c) identify a pathway and timetable to complete implementation of all necessary actions.
4. Notes the Councillor Background Notes attached to the report. (Cameron/Richardson)
Legal/Statutory/Policy Considerations
Policy revision is the subject of this report
Financial Considerations
Road Access and Safety Principles (RASPs) are considered in the context financial constraints and risk assessment.
Consultation and Engagement
The revised Policy will be placed on public exhibition.
Staff Reports - Infrastructure Services 4.2
Report No. 4.2 Draft Moving Byron
Directorate: Infrastructure Services
Report Author: Andrew Pearce, Traffic Engineer
File No: I2021/961
Summary:
The purpose of the report is to review the amended and draft Moving Byron strategy and associated feedback
RECOMMENDATION:
That Council support a one month public exhibition of the Draft Moving Byron Strategy and supporting ‘Your Say’ webpage.
1 TIAC MEMBERS FEEDBACK SUMMARY, E2021/77117 , page 33⇩
Report
Moving Byron is Council’s 20-year strategy to transform and upgrade our transport network.
An extraordinary TIAC meeting was held on 25th May to review a Draft version of the strategy prepared by Cr Cameron. TIAC resolved to modify the document around feedback noted during the extraordinary TIAC meeting and feedback received subsequent to that meeting.
In addition, the draft report was forwarded to several staff members representing key sections within Council, such as: sustainability, emissions, assets and strategic planning.
All feedback received from TIAC members and Council Staff have been compiled and attached as Attachment 1.
It is noted that a number of concerns have been raised.
In point form, some of the key items noted in the feedback is:-
· Document wordy and needs tightening up
· Provide and Executive Summary
· Relocate the bulk of the document to appendix type section
· Don’t state how the rail corridor should be used – opinion divided
· Feedback from previous workshops / engagement not incorporated
· Noosa Transport Strategy a great model to follow
o David Michie provided
· Several issues and topics not considered sufficiently
o Within Towns
§ peripheral parking
§ peripheral interchanges,
§ on demand services
§ last mile / first mile links
§ shuttle buses
§ bike sharing
§ repurpose rail corridor in towns for active transport
o Outside Towns
§ Transport hubs
§ Community Transport
o Other
§ EV’s – mentioned but not discussed anywhere
§ Lobby
§ Car free Byron
§ Markets, festivals & events
o Place making not mentioned
· Action table
o Place near front of document
o Possibly create a separate Actions Document
o Key actions not mentioned
§ Climate change related
§ Specific emission targets (i.e. reduce CO2 by 50% by 2035)
§ EV roll out targets
o Unclear what many actions are asking / wanting
o Several Actions partially written
§ i.e. “Resolve the future project”
o Some Action too high level
§ •i.e. “Development, planning and implementation of the Smart Byron program”
The current version of the document is provided at attachment 2.
Key issues
A key issue for staff is ensuring the Actions / Implementation Plan is clear and actionable. This is the primary document staff require to bring the strategy to fruition in the short / medium and long term.
To allow the document to go on public exhibition prior to the caretaker period prior to upcoming Council elections a recommendation must go to the either the July Ordinary Meeting or August Planning Meeting. That means TIAC must approve the structure, content and actions plan for public exhibition.
Alternatively, TIAC can wait till the committee is finished preparing the draft and aim to complete the public exhibition of the document in November / December.
Options
TIAC members have the option of:
· Recommend the draft strategy as provided at attachment 2 for public exhibition
· Recommend the draft strategy as provided at attachment 2, with amendments for public exhibition
· Amend the timeframe to provide additional feedback and review of the document. This will delay exhibition until after the Council election.
· Refer the document to GTA to continue developing the document along the Moving Byron framework.
Next steps
Once TIAC is satisfied with the Moving Byron Strategy the next step is to obtain Council approval to place the document on public exhibition for community feedback. Between Council approval and public exhibition, the document will need be taken to a presentable standard.
Other sub-headings
N/A
Strategic Considerations
Community Strategic Plan and Operational Plan
CSP Objective |
L2 |
CSP Strategy |
L3 |
DP Action |
L4 |
OP Activity |
Community Objective 1: We have infrastructure, transport and services which meet our expectations |
1.3 |
Support, through partnership, a network of integrated sustainable transport options |
1.3.1 |
Ensure an integrated and accessible transport network (SP) |
1.3.1.1 |
Finalise the Integrated Transport Management Strategy (ITMS) |
Recent Resolutions
· N/A
Legal/Statutory/Policy Considerations
N/A
Financial Considerations
Total project budget is $175,000
Currently spent approximately $135,000
Consultation and Engagement
Staff Reports - Infrastructure Services 4.3
Report No. 4.3 Road Access and Safety - Workshop
Directorate: Infrastructure Services
Report Author: Andrew Pearce, Traffic Engineer
File No: I2021/848
Summary:
The 15th April 2021 TIAC meeting recommended:
1. Council continues to pursue funding opportunities for road safety awareness, infrastructure enhancements that improve safety and access for all road users and to embed road safety principles in all transport related projects.
2. The next TIAC meeting includes a workshop session to generate discussion, ideas and suggestions regarding road safety messaging and location of safety signage as per Res 20-405 (3).
3. Prior to the workshop referred to in 2, TIAC members receive information on the ‘Go Together’ program including examples of signage and messaging promoted by the program.
4. TfNSW representatives will attend the workshop mentioned in point 2.
Item 2 above references Res 20-405(3). Council Resolution 20-405 (3) states the following:
3. A report be brought to next TIAC meeting focusing on road safety concerns and potential funding opportunities and that advice from TIAC members be sought regarding messaging and location for signs.
RECOMMENDATION:
That Council note the report.
1 Summary Report_Byron_Casualty crashes_01Oct15 to 30Sep20, E2021/76310 , page 50⇩
Report
Road safety is typically addressed through a 2-prong approach:-
· Encouraging behaviour change
· Improving road infrastructure
To provide an evidence based, measurable and coordinated approach to road safety a comprehensive strategy across the United Nations, federal, state, and local government levels has been developed over the past 30 years with all levels working towards targeted areas within Road Safety.
It is noted, that this does not prevent local governments addressing additional access and safety concerns, as Council funding and regulatory guidelines permit. Rather, the coordinated approach aims to provide local governments with the resources required to undertake an evidence-based approach to road safety.
To help understand how the different levels of government help target known problem areas within road safety the following report will first provide a high-level overview of the road safety framework.
Coordinated Framework
It is helpful to first note the overarching single framework adopted by Federal and State levels of governments. In broad terms the framework can be summarised as:
· Towards Zero
· Safe Systems
· Movement and Place
In the words of the Draft National Road Safety Strategy 2021-2030:
Improving road safety is challenging and complex. It requires a system view, with an understanding of how different elements interact. Each of the three main themes for this Strategy has a role to play in addressing each of the priorities, and often they are connected in multiple ways.
In other words, road safety must look at how all the elements interact and must have a coordinated approach to consider all elements. Fixing road infrastructure to make it safer is limited if driver behaviour does not change and speeding remains an issue. Designing roads to be wide and accessible with low speed zones is limited if it is the primary route for heavy vehicles and high traffic volumes.
Towards Zero
The overarching goal adopted by the United Nations, Federal and state governments across Australia is to work towards zero death and severe injuries by 2050.
Safe Systems Approach
To achieve the ultimate goal of zero deaths and serious injuries a Safe System approach has been adopted from the UN through to TfNSW.
This approach is underpinned by these principles:
· People are human and sometimes make mistakes – a simple mistake shouldn’t cost anyone their life.
· Roads, roadsides, and vehicles need to be designed to minimise crashes or reduce forces if a crash happens.
· Road safety is a shared responsibility – everyone needs to make safe decisions on and around the road to prioritise safety.
Movement and Place
Movement and Place is a more recent but growing addition to the road safety framework. It helps coordinate and plan the best way for transport to provide safe access for vulnerable road users.
The following quote is taken from the Practitioners Guide to Movement and Place:
Movement and Place contributes to a Safe System approach to improve road safety for all users and create a street environment free from death and serious injury. Roads and streets should be sensitive to place with self-explaining speed limits and infrastructure that aligns with the surrounding context. Movement and Place also considers other forms of safety such as personal safety
Byron Council Context
To help Byron Shire Council understand local road safety issues and help plan road safety campaigns TfNSW annually provide Byron Shire Council with a comprehensive analysis of crash data within Byron Shire Council – refer to Attachment 1.
Below is a summary of some key crash data for Byron Shire. Using this data TfNSW encourages Local Council’s to target Road Safety campaigns. A list of the different campaigns TfNSW encourage Local Council’s to target are presented on the TfNSW site Centre of Road Safety.
This chart shows 50% of all crashes occur in 10-60k/h speed zones - urban areas like, Ewingsdale and Byron Bay. 30% occur in 80k/h rural roads.
The above data shows 77.3% of all crashes involve cars. 41.5% of crashes involves a bus or truck. 20.1% of all crashes involve pedestrians or bikes.
The image below also presents dots showing the location of known crashes that have occurred over the past 5 years.
Additional input is gained from community requests and feedback saved to a traffic and transport requests register. Anecdotally, the most common request / concern is speeding related.
Transport for NSW
To facilitate road safety and drive the road toll towards zero TfNSW have several critical and connected resources:-
· Centre for Road Safety
· Safer Roads NSW
· Towards zero
· Local Government Road Safety Program
The aim of these resources is to target both behaviour change and safe road infrastructure.
Centre for Road Safety
The TfNSW Centre for Road Safety facilitates research into road safety, provides Crash Data information at both state and local levels and provides resources to undertake Road Safety Campaigns.
In particular, the centre for Road Safety provides resources to target the following:
· Towards Zero
A general campaign to encourage road users to change the way they think about safety and has a goal of achieving a zero-road toll across NSW.
The critical significant f this target area is reinforced by the dedicated Towards Zero website.
· Saving Lives on Country Roads
Target’s country drivers to challenge the everyday excuses used to justify unsafe behaviour on the road. More than 70 per cent of fatal crashes on country roads involve country residents.
· Stop it … or Cop it
Warns drivers, riders and all road users breaking the road rules that they can be caught anywhere and at any time.
· Ride to Live
Targets safer motorcycle decision making
· Don't trust your tired self
Encourages people to not drive if they’re tired.
· Plan B
Targets drink driving
· Get Your Hand Off It
Targets the use of mobile devices while driving
· Look Out Before You Step Out
Targets improved pedestrian safety around high traffic areas
· Be Truck Aware
Targets taking care around trucks
· Be Bus Aware
Targets better behaviour of all road users around buses
· Go Together
Helps drivers, bicycle riders and pedestrians understand how changes to the law will help everyone respect each other's space and stay safe.
· They're counting on you
encourages the correct use of child car seats
Safer Roads NSW
Given the significant part speed plays in road crashes the TfNSW website - Safer Roads NSW – specifically targets speeding. TfNSW encourages the community to submit speed zone review requests through this website and requests for temporary speed cameras.
Typically, staff direct community requests for speed zone reviews to this website for 3 reasons:
1. it educates the public on how they can have direct access to TfNSW;
2. TfNSW alone have the delegated authority to modify speed limits; and
3. it helps remove the misunderstanding that Council has delegated authority to modify speed limits.
Local Government Road Safety Program
To help local governments embed road safety across the workplace TfNSW help fund road safety through the Local Government Road Safety Program. This program can help plan and priorities safety campaigns, provide funding for campaigns and provide support funding for a Road Safety Officer.
Road Infrastructure Funding
In addition to the above TfNSW resources the Federal government also provides funding opportunities to help address road infrastructure. Examples of the funding opportunities includes:
· Safer Roads Grant
· Black Spot Funding
Key issues
As per above discussion.
Options
N/A
Next steps
This report is provided to inform a workshop session to generate discussion, ideas and suggestions regarding road safety messaging and location of safety signage
Other sub-headings
N/A
Strategic Considerations
Community Strategic Plan and Operational Plan
There are no actions or activities in the Community Strategic Plan and Operational Plan to address road safety.
Recent Resolutions
· 20/405
Legal/Statutory/Policy Considerations
N/A
Financial Considerations
Staff have submitted a business case in relation to a Road Safety Officer.
No additional funding has been considered or allocated by Council for specific road safety programs / campaigns.
Limited funding may be obtained through TfNSW funding and support.
Consultation and Engagement
TfNSW representatives have been invited to partake in the TIAC workshop discussion.